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Res No 025-23-15959RESOLUTION NO. 025-23-15959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO FAST-DRY COURTS, INC. FOR TENNIS CLAY COURT REBUILDING AND RESURFACING IMPROVEMENTS AT DANTE FASCELL PARK (PROJECT); AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT FOR THE PROJECT; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, after further inspection by staff and consultation with industry professionals, additional court improvements are required to the north courts numbered 4, 5, and 6 at Dante Fascell Park; and WHEREAS, due to improper leveling of the sub-base, the north courts have large surface playing areas that do not retain clay and the sub-base is exposed, which can become a hazard and currently requires twice the amount of maintenance hours to keep these courts safe and playable; and WHEREAS, staff recommends that the aforementioned courts be rebuilt which consist of re-grading the sub-base to the proper required slope, new net posts and footers, reposition of net post irrigation lines, new screening material for resurfacing purposes, a new perimeter brick line, and a trench drain on the north edge to prevent run-off material from entering the landscape; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") #PR2023-0l on January 4, 2023 for tennis clay court rebuilding and resurfacing improvements at Dante Fascell Park ("Project"); and WHEREAS, the City received one bid proposal from Fast-Dry Courts, Inc. ("Contractor") for the Project, which was scored and ranked by the Evaluation Selection Committee; and WHEREAS, the Contractor's proposal provides for a cost of$21 l,000 ($189,000 bid base price, and $22,000 for additional services for trench drain), plus a seven percent (7%) contingency in the amount of $15,000 for any unforeseen construction-related expenses, for a total not to exceed cost of$226,000. The cost shall be funded and charged to the Parks Impact Fund account number l l 7-2000-572-6440, once a proposed appropriation increase is approved by the City Commission; and WHEREAS the City Commission wishes to select the proposal of the Contractor and award a construction contract for the Project, and authorize the City Manager to enter into a construction contract with the Contractor, in substatailly the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission desires to support the tennis clay court improvements at Dante Fascell Park and finds the Project to be in the best interests of the City. Page 1 of3 Res. No. 025-23-25959 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Selection of Contractor and Award of Contract. The City Commission hereby selects the Contractor's proposal for the Project and awards the Contractor a construction contract for the Project. Section 3. Authorization To Execute a Construction Contract; Expenditure of Funds. The City Manager is hereby authorized to enter into a construction contract with the Contractor for the Project, substantially in the form attached hereto as Exhibit "A", subject to the approval as to form and legal sufficiency by the City Manager and City Attorney . The Ci ty Manager is hereby authorized to expend a total amount not to exceed amount of $226,000 for the cost of the Project, which is $211,000 ($189,000 bid base price, and $22,000 for additional services for trench drain), plus a seven percent (7%) contingency in the amount of $15,000 added to the contract amount for any unforeseen construction-related expenses . The total expenditure shall be charged to the Parks Impact Fund, account number l l 7-2000-572-6440 , which has a current fund balance of$0 and subject to an appropriation increase for the Fund. There is an anticipated balance of $470,000 should the proposed appropriation increase be approved by the City Commission at second reading on March 7, 2023. Section 4. Implementation . The City Manager is hereby authorized to take any and all action necessary to implement the Project, the construction contract for the Project, and the purposes of this Resolution. Section 5. Corrections. Conforming language or technical scri vener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final reso luti on for signature. Section 6. Severability. If any section, clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the val idity of the remaining portions of this Resolution . Section 7. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of March, 2023 . ATTEST: \J{~ CITY 'Q:LE Page 2 of 3 Res. No. 025-23-25959 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: ~ -LL! 9. WE SSEROTAif&?FMAN COLE & BIERMAN, P.L. CITY ATTORNEY COMMI SSION VOTE: Mayor Fernandez: Vice Mayor Bonich : Commissioner Calle: Commissioner Liebman: Commissioner Corey: Page 3 of 3 5-0 Yea Yea Yea Yea Yea Agenda Item No:2. City Commission Agenda Item Report Meeting Date: March 7, 2023 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONSTRUCTION CONTRACT TO FAST-DRY COURTS, INC. FOR TENNIS CLAY COURT REBUILDING AND RESURFACING IMPROVEMENTS AT DANTE FASCELL PARK (PROJECT); AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT FOR THE PROJECT; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS & RECREATION DEPT.) Suggested Action: Attachments: Memo-Tennis Clay Court Rebuild.pdf Resolution Awarding Contract to Fast-Dry Courts Tennis Clay Courts Dante Fascell Park Fast Dry Courts Proposal-Bidding Document.PDF Contract Fast Dry Courts RFP PR2023-01pdf.pdf Evaluation Score Sheet RFP PR 2023-01.pdf Proposal Summary RFP PR2023-01 1.31.23.pdf REVISED Bid Tabulation RFP PR2023-01 1.31.23.pdf RFP Advertisement.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: Tuesday, March 7, 2023 SUBJECT: Tennis Clay Court Rebuilding & Resurfacing Improvements at Dante Fascell Park RECOMMENDATION: Staff recommends the subject item for approval BACKGROUND: All six (6) tennis clay courts were professionally resurfaced in 2018 at Dante Fascell Park. Typically, tennis clay courts should be resurfaced every four (4) to six (6) years. After further inspection by staff and consultation with industry professionals, additional court improvements are required on the north courts numbered 4, 5, and 6. Due to improper leveling of the sub-base, the north courts have large surface playing areas that do not retain clay and the sub-base is exposed. This can become a hazard as it currently requires twice the amount of maintenance hours to keep these courts safe and playable. Staff recommends that the aforementioned courts be rebuilt which consist of re-grading the sub-base to the proper required slope, new net posts and footers, reposition of net post irrigation lines, new screening material for resurfacing purposes, a new perimeter brick line, and a trench drain on the north edge to prevent run-off material from entering the landscape. New court lines and tennis nets are also included in this project. PROCUREMENT PROCESS: Through the Procurement Division, the City’s Parks and Recreation Department issued a Request for Proposal (“RFP”) on Wednesday, January 4, 2023 for tennis clay court rebuilding and resurfacing improvements at Dante Fascell Park. The City received a bid proposal from one firm as outlined below. Bidder(s) Bid Base Price Additional Services (Trench Drain) Total Project Cost Fast Dry Courts, Inc. $189,000 $22,000 $211,000 Each Evaluation Selection Committee member scored and ranked the proposal by Fast Dry Courts, Inc. Refer to attached Final Score document. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM City staff has had a positive experience working with with Fast Dry Courts, Inc. in the past. Fast Dry Courts is a leader in its industry and recognized for construction excellence by American Sports Builders Association. VENDOR & EXPENSE: Fast Dry Courts, Inc. Proposal/contract amount shall not to exceed $211,000 ($189K + 22K = $211K). A 7% contingency in the amount of $15,000 will be added to the contract amount for any unforeseen construction-related activity. FUND ACCOUNT: Parks Impact Fund, account number 117-2000-572-6440, which has a current fund balance of $0. There is an anticipated balance of $470,000 should the proposed appropriation increase be approved by the Mayor and Commission at second reading on March 7, 2023. ATTACHMENTS: Resolution Final RFP Tennis Clay Court Rebuild Proposal – Fast Dry Courts, Inc. Evaluation Score Sheet Proposal Summary Revised Bid Tabulation RFP Advertisement 3 7 PROPOSAL SUBMITTAL CHECKLIST FORM TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the dead line set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. X X ---- X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to htt12s ://networkdemandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. SUPPLEMENTAL INSTRUCTIONS found after the INSTRUCTIONS FOR RESPONDENT. Schedule of Values, EXHIBIT I, Attachment B ----- X Inde mnification and Insurance Documents, EXHIBIT 2 ---- X X ---- X X Respondents Bid Form. EXHIBIT 3 Signed Contract Documents (All -including General Conditions and Supplementary Conditions if attached), EXHIBIT 5, 6, & 7 Respondents Qualification Statement List of Proposed Subcontractors and Subconsultants and Principal Suppliers ----- X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards ---- X Affidavit Concerning Federal & State Vendor Listings ---- X Related Party Transaction Verification Form X Presentation T earn Declaration/ Affidavit of Representation v ✓ J ✓ I ✓ j j ✓ ✓ ✓ ✓ ../ ✓ ✓ Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: BID & PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 8 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the 'Work"). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for, and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All of the Work must be reflected in the Respondent's proposal and Schedule of Values Form found in the Scope of Services, Exhibit I, Attachment 8. 9 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachments A, & B, all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's Code of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. 11. SPECIFIC REQUIREMENTS: The City is sol iciting proposals from highly qualified firms for professional services related to tennis clay court rebuilding and resurfacing improvements at Dante Fascell Park. This project is for three (3) total tennis day courts #4, #5, and #6. All work must be completed within one-hundred and twenty (120) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager as per the specifications, engineering construction drawings, and in accordance w ith the terms and conditions described in Exhibit I, Scope of Services, Attachment A & B. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). Ill. SITE LOCATION: The construction project will be held at Dante Fascell Park, located at 8600 SW 57th Avenue, South Miami, FL, 33143. IV. PRICING -LUMP SUM PRICING: Proposal pricing must be submitted in a uLump Sum" by completing Exhibit 3 uRespondents Bid Form" and shall include all cost associated with completing this 10 project as outlined in the scope of services and Schedule of Values, Exhibit I, Attachment 8. It is the City's intention to award this project to a single Contractor. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM. EXHIBITS/' WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I. SCOPE OF SERVICES. ATTACHMENT 8. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. V. PROIECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within 120 calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. VI. EVALUATION AND SELECTION OFA RESPONDENT: Selection of a Respondents shall be in accordance with the Technical Criteria listed in Exhibit 4, ''Evaluation and Selection Criteria." The City will utilize the format and process for the Selection of Respondents. It is the intention of the City to award a contract to the highest ranked Respondent in accordance with the Exhibit 4 "Evaluation and Selection Criteria." VII. WARRANTY: Respondent/Contractor must include the following with their proposal: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy under normal use; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (I) year and if General Conditions are made part of the contract documents for this project, at a minimum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. 11 If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. VIII. DOCUMENTATION: a. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City, that such agency requires of the Contractor, including documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE A PERFORMANCE AND PAYMENT BOND IS (NOD REQUIRED FOR THIS PROJECT. END OF SECTION 12 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract. ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION 1-1 Perm it I LS $ 1,000.00 1-2 Mobilization I LS $ 7,000 .00 1-3 Clean Court Surface I LS $ 6,500.00 1-4 Temporary Remove 9' Tall 360 LF $ 500.00 Windscreens 1-5 Stor e & Reinstall Exist ing 9' Tall 360 LF $ 1,000.00 Windscreens* 1-6 Remove, Store, and Knuckle Chain 600 LF $ 5,000.00 Link Mesh to new Elevation 1-7 Remove and Dispose Court Lines, 3 EA $ 2,000.00 Nails , Center Anchors, and Nets 1-8 Remove and Dispose existing Net 6 EA $ 3,000 .00 Posts and Footers 1-9 Cap and Repos ition Net Post 6 EA $ 2,000.00 Irrigation lines 1-10 Regrade Base for I" in 30" slope I LS $ 7,000.00 22,000 SF (3 courts) 1-1 I New Perimeter Brick Line 600 LF $ 5,000.00 1-12 New Screening Base 2"-l /2" and I LS $ 130,000.00 Green Rock Har-Tru I" 22,000 SF 1-13 Net Posts, Footers, and Sleeves 6 EA $ 3,000.00 13 1-14 Reposition Net Post Irrigation lines 6 EA $ 2,000.00 1-15 Herringbone Linetape Sets Installed 3 EA $ 4,000.00 and Secured with Nails (usta specs) 1-16 External Wind Net Posts 3 EA $ 1,000.00 1-17 Streamliner Tennis Nets, Straps, 3 EA $ 1,000.00 Anchor Mates, and Locking Bands 1-18 All Waste Hauled Off Site and LS $ 8,000.00 ••• TOTAL BASE PROJECT: I I $ 189,000.00 I ADDITIONAL SERVICES 2-1 Furnish and Install 6" Dura Sloped LF $ 22,000.00 Trench Drain 180 9' Tall Custom Tenn-Air Pro 2-2 Windscreen with Vents & 580 LF $ 9,000 .00 Installation* 2-3 Monochrome Windscreen Logos 60 6 EA $ 5,500.00 SF TOTAL ADDITIONAL SERVICES: $ 36,500.00 TOTAL PROJECT COST WITH ADDITIONAL $ 22S,000.00 SERVICES: *lfitem #2-2 is selected, item #1-5 description and fee are null and void. SUBMITTED THIS 30th PROPOSAL SUBMITTED BY: Fa.st Dry Cou rts, Inc . Compa.ny Trimmer Dettor Name gf PeR;en Aut~o Submit Proposal ~ ~ Signature ._ President T it le DAY OF -----=J'-an_u_ar...:...y ____ 20_11_. (954) 979-31 I I Telephone Number (954) 978-8479 Fa.x Number trimmer @fast-dry.com Emai l Add r ess END OF SECTION 14 Insurance EXHIBIT 2 TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I Insurance & Indemnification Requirements A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 15 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 16 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. 8. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable. must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering RRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSUL TANT certificates of such insurance, acceptable to the CITY. as well as the insurance binder. if one Is Issued. the insurance policy. including the declaration page and all applicable endorsements and provide the name. address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A. VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Rorida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate. the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami Is an additional insured. The Insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising Injury'' and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." e: If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant. to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 17 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion. Indemnification Requirement A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. Fl RM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 18 EXHIBIT 3 TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I RESPONDENTS BID FORM NOTE: FAILURE TO COMPLETE AND SUBMIT THE RESPONDENTS BID FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE THIS PROPOSAL IS SUBMITTED TO: Sha r i Kama li City Manager City of So uth Miami 6130 Sunset Drive South Miami, FL 33143 I. 2. 3. a. b. c. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of Sou t h Miami in the form in cluded in this Solicitation Package and t o perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, in clud in g without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submittin g this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the in formation contained in this Bid Form . Respondent agrees t o sign and submit the Bonds, if required by this Sol ici tation, required insurance documents, and other documents required by the Solicitation, in cluding the Contract if not already submitted, within ten (I 0) calendar days after the date of the City's Notice of Award. In submitting this Proposal, Respondent represents that Respo ndent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. tJ / A. Dated: Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed wo r k, site, locality, and all local conditions and laws and reg ulat ions that in any manner may affect cost, progress, performance or furnishing of the Work. Subsurface conditions: If applicable to this Sol icitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explo rations, tests and studies in addition to or to supplement those refe r red to in this paragraph which pertain to the subsurface or physical conditions at the site o r otherwise may affect the cost, progr ess, perfo r mance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or sim ilar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible 19 underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: 1\' 1 S9 , ooo dollars and ___ 0_0 /,_~ ____ cents Alternates: # I N / A #2 N / A I ---~-1,~---------- A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services._ Attachment A, & B, shall be completed, in full, within 120 calendar days from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person j 1Y\ N\t,{ OeJ::kr( 20 7 . The terms used in this Proposal which are defined in t he Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form , and are made a part of this proposal, by reference. 9 . This proposal is submitted by fQS ,1.-Ot''-/ Co LU +s. ! Y\C.. whose address is 14D6 ('J W 13 Ave 9omeC,l,:OO Sea.Cb f(, 5301e,'iw hose telephone num~er is 'l~-'11!¾,311 I , whose fax number is __ qt't . qH · ~l.iJ(j , whose email address i_s -t-r1 (l\f1\«" e ~H~clty, [om and whose a~thorized representative signing this Bid Form is 1f1IY'"'U Oe:H:ot whose title is fre~1d.o-rit-. I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal , or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature~~ Date of Execution: 1 /15) 13 7'vir0rn~f u.eW [Print signatory's name] END OF SECTION 21 EXHIBIT 5 CONSTRUCTION CONTRACT TENN IS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I THIS CONTRACT was made and entered into on this 2 5 day of '1 a. f\,l}...iw../ , 20~, by and between FaJ4-0 C,~J '-, (hereafter referred to as "Contractor"), and t he City o f outh Miami (hereafter r eferred t o as "Owner"), through its C ity Manager (hereafter referred to as "C ity "). Contractor, for the consideration set forth herein, hereby agrees w ith Owner as follows : I. Contractor must furnish all labor, materials , equipment, mac hin ery, tools, apparatus, transportation , and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents here in after referred to as the Work. 2 . The Contract Documents must include this Contract, General Conditi ons to the Contract, if any, the drawings , plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to t hi s co ntract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Cont ractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and mus t complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby ag re es to pay to Contractor for the fait hfu l performance of this Contract, subject t o additions and deductions as provided in t he Con t ract Documents and any properly approved , written change orders, in lawful money of the United States, the Lump Sum amount of: Of"\e hu ndftd e.i ghf-J,n ine. ti'Hl-4~and o,,,u/ ul/t,. Dollars($ /f)q , {)00 .s (Spell Dollar Amountabove) ("Contract Price"). 5. The expenses of performing Work after regula r working hours, and on Sunday and legal holidays must be included in t he Contract Price. The City may demand, at any point in t ime, that any part, or all , of the Work be performed after regular working ho ur s. In such event, the Responde nt will have no right to additional co m pensatio n for such work. However, nothing contain ed herein authorizes wor k on days and during hours that are othe rwise prohibited by ordinan ce unless specifically authorized or instructed in writing by the C ity. 6. If the Work is expected to require more than one month, Owner will make month ly partial payments to Contractor on t he bas is of a duly certified an d approved sched ule of values for the Work performed during eac h calendar month by Contractor, less the retaina ge (all as provided for in the Contract Documents), which is to be withheld by Owner until complet ion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by t he City. 7. Upon submiss ion by Cont racto r of ev idence satisfactory to Owner t hat all labor, material , and other costs incurred by Contractor in connection w ith the construction of t he Work have been pa id in full, and after compliance wi t h t he terms fo r payment provided for in the Contract Documents , in cl uding the execution and delivery to t he City of all documentat io n required by any governmental agency, includ in g the City, that such agency requires of the Contractor, such as conveyance documents of water and or sewer facilities, if they are the subject of this Project, to Miami-Dade County. 8. Final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract, including delivery of all required documentation, and the acceptance of such Work by Owner. 9. The Work must be completed in 120 calendar days. In t he event that Contractor fails to complete the Wor k w ithin t he time lim it stipulated in t he Contract Documents, or t he extended time limit agreed upon, in accordance with the procedure as mo re particularly set fo rth in t he Contract Documents, liquidated damages must be paid by Contra ctor at the rate of $500.00 dollars per day. IO. It is fu rther mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Con t ract and the Bond for its faithful performance and payment, the City deems the Su rety or Sureties up on such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to 22 subcontractors and suppliers, Contractor must, at its expense with in five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. I I. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the C ity and in accordance with the Contract Documents. 12 . The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 13.AII provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on t he day and date set forth next to their name below and may be signed in one or more co unterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Cont ract. CONTRACTOR: ~as+--DKJ Cb LLfb I tnc . Signature:~~ Print Signatory's Name: Tvi m ~ De H-W' T itle of Signatory: --~P~v~e.~s_iO.._e,,fi_~t' _____ _ ATTESTED: Signat u re: ___________ _ Nkenga A. Pay ne C ity C lerk Read and Approved as to Form , Language, Legal ity, and Execution Thereof: Signature: ___________ _ City Attorney OWNER: CITY OF SOUTH MIAMI Signature: __________ _ Shari Kamali City Manager 23 EXHIBIT 6 CONSTRUCTION CONTRACT GENERAL CONDITIONS TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0I ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refer to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for Interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document If that specific provision contains a definition of the term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or Interpret the Contract Documents, Drawings and Specifications. by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULT ANT), if any, or the City Manager which is to be used by CONTRACTOR In requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. ~ Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line-Item pricing, where there are multiple locations, and the timeframe for completing the work. ~ The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. Clt;y Manager: Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price; The total moneys payable to CONtRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm, or corporation with whom OWNER has executed the Contract. CONSUL TANT: The person Identified as CONSULT ANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. ~ A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. ~: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or 24 allowed by the Contract Documents, the day of the act, event, or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday, or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that Is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULT ANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph I 0.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSUL TANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph I 0.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULT ANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. ~ The term "policy" as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context In which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work Subcontractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULT ANT, when the construction of the Project or a certified part thereof is sufficiendy completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, Issued by CONSULT ANT, will be null and void if it is based on false, misleading, or inaccurate information, from any source, or when it would not have been Issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list'' work. 25 Syi;iplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Worlc Any and all obligations, duties, and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing. any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Anmt 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified, and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execytion of Contract: 2.2 At least four counterparts of the Contract. the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten ( I 0) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Secyrit;y/Performance and Payment Bond jf any are required by the applicable RFP: 2.3 Within ten ( I 0) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (I 00%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent ( I 00%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1 ), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded In the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 26 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Rgpresentation: 24 CONTRACTOR represents that it has familiarized itself with and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinance, rules, and regulations that may in any manner affect performance of the Work and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULT ANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULT ANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entided to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion; 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSUL TANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULT ANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULT ANT, Resident Project Representatives, CONTRACTOR, and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULT ANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of 27 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULT ANT will notify CONTRACTOR in writing if either the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULT ANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person, or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSUL TANT to reject defective Work, material or equipment, or any Work, material, or equipment not in conformance with the requirements of the Contract Documents. 2.1 I If, prior to the Notice of Award, the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3-CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install'', "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to I produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished, and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight, and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULT ANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULT ANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated, and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names, where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or nequivalentn, when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULT ANT, as the material or product so specified. Proposed equivalent 28 items must be approved by CONSUL TANT before they are purchased or incorporated In the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase nor equaln, CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSUL TANT, prior to performing any work involving a conflict In the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSUL TANT must use the following list of Contract Documents as a guide. These documents are set forth below In the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any ( d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (I) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4-AYAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS AvaHabHjgy of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent strUctures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CON:rRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions; 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, Including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an Inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to It prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve It from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Dlfferin1 Site Condjtjons; 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing. of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 29 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULT ANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULT ANT and any OWNER Representative at all reasonable times. A set of "As-Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials. Equipment. Products and Substjtytjons: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment, or products, together with such samples as may be necessary for them to determine their acceptablllty and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated In the Special Conditions. No request for payment for "or equaln equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this Is referenced for the 30 purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULT ANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSUL TANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULT ANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.S No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good tide to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject Items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (S) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSUL TANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSUL TANT, unless CONSULT ANT determines that there is good cause for doing so. 6.8 CONTRACTOR is fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULT ANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSUL TANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSUL TANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the Identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any speciflc trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 31 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULT ANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSUL TANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSUL TANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles, or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances, and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULT ANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to CONSULT ANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules, and regulations. Discrimination: 6.17 A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. 32 Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury, or loss to: 6.19. I All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULT ANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULT ANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSUL TANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULT ANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers, and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULT ANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULT ANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULT ANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULT ANT, in writing. of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULT ANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 33 and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULT ANT. A copy of each Shop Drawing and each approved sample must be kept In good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULT ANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULT ANT, in writing. to each deviation at the time of submission and CONSUL TANT has given written approval to the specific deviation, nor may any review by CONSULT ANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULT ANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn, and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closedn signs must be placed immediately adjacent to the Work. in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanjtar:y Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULT ANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULT ANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULT ANT. 34 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs, or specifications or (b) the giving of or the failure to give directions or instructions by CONSULT ANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Re§ponsjbHity for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULT ANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Proiect. Cooperation with Governmental Departments. Public Utilities. Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties') owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the Item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULT ANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR may not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSUL TANT and OWNER as well as their instructions with regard to signs, advertisements, fires, and smoking. 35 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors, and other personnel, as well as that of the material delivery trucks and other vehides that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install, and maintain adequate construction office facilities for all workers employed by it or by Its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULT ANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Prgperty Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted In the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 -WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER. If it Is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER. CONTRACTOR must promptly report to CONSULT ANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting, fitting, and patching of the Work that may be required to make Its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating, or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULT ANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entides him to an extension of the Contract Time, he may make a claim therefore as provided In Articles 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are Impracticable, the Work will require specific approval of CONSULT ANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay In the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves Informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and In writing. Lack of such notice to CONSULT ANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost. 36 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8-CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULT ANT. 8.2 In cases of termination of employment of CONSULT ANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULT ANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION. Cit;y's Representative: 9.1 CONSUL TANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULT ANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULT ANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes, and other matters in question between OWNER and CONSULT ANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSUL TANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules, and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarificatjons and Interpretations: 9.3 CONSUL TANT will issue, with reasonable promptness, such written clarifications, or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULT ANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSUL TANT will have authority to disapprove or reject Work that is nDefective Workn as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULT ANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move 37 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9 .7 In connection with CONSULT ANT's responsibility for Change Orders see Articles I 0, I I, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9 .11 CONSULT ANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSUL TANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10-CHANGES IN THE WORK. I 0.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions, or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULT ANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. I 0.2 CONSUL TANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULT ANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. I 0.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph I 0.2. I 0.4 The City Manager will execute appropriate Change Orders prepared by CONSULT ANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULT ANT. I 0.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change In the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE. 38 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULT ANT and signed by the City Manager or issued by the City Manager in writing. CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULT ANT, it must, within ten ( I 0) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULT ANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section I 1.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSUL TANT's determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus 39 materials and equipment will accrue to OWNER. and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSUL TANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULT ANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. 11.8. 9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. I 1.10.2 A mutually acceptable fixed percentage ( not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 40 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fD<ed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULT ANT within five (S} business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.S All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for In Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entided to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR, and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULT ANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 -GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one 41 that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULT ANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULT ANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site. the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for I 00% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULT ANT will within ten ( I 0) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his 42 reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain five (5%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services, or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure, and phase. [See Sec. 255.07, Aa. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warrant;y of Tide 14.3 CONTRACTOR warrants and guarantees that tide to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated In the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as nuensj; and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULT ANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSUL TANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULT ANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that tide to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entided to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 43 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier. the same amount of money will be withheld from CONTRACTOR's payment until the Issue Is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a Judgment Is entered in favor of CONTRACTOR or the person. in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULT ANT may refuse to approve the whole or any part of any payment If. In its opinion. it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment. or it may void any prior payment application certification because of subsequendy discovered evidence or the results of subsequent Inspection or tests to such extent as may be necessary In its opinion to protect OWNER from loss because: 14.6.1 of Defective Worlc, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment Is requested cannot be verified. 14.6.3 claims of Uens have been flied or received, or there is reasonable evidence Indicating the probable filing or receipt thereof. 14.6.4 the Contract Price has been reduced because of modifications, 14.6.S OWNER has corrected Defective Work or completed the Work In accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work. including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of. or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager. with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not Interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibllitr for the care and protection of the Work. or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages. but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of making payments to your organization going forward, Citr Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique secu~ features. with $0 of available funds until an invoice Is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred Into the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained In this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, 44 final, or otherwise, will not release CONTRACTOR or Its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSUL TANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequendy discovered evidence or the results of subsequent inspection or tests, that 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Uens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification'1 by CONSUL TANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSUL TANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City: May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULT ANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entided to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULT ANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section I 5.5 I 5.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 45 I 5.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I 5.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or servlce(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment I 5.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR. if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such Items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate I 5.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULT ANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULT ANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULT ANT has failed to act on an Application for Payment or OWN ER has failed to make any payment as afore said, CONTRACTOR may upon ten ( I 0) calendar days' notice to the City Manager and CONSULT ANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULT ANT is an independent contractor of OWNER, CONSUL TANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSUL TANT's request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULT ANT harmless as to any decision in this regard before CONSULT ANT makes an Interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 -MISCELLANEOUS. 16. I Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSUL TANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULT ANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 46 ARTICLE 17 -WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE IS-ATTORNEYS FEES IURISDICTION /VENUE/ GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes, and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 • PROIECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR. and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY. 47 20. I If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR Is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of Its rights or duties, obligations and responsibilities arising under the terms, conditions, and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign Its duties, obligations and respor:isibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 -FORCE MAIEURE, 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24-E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Aa. Stat., Contractor, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. 24.1.1 Contractor must require each of Its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which It Is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise compiled. must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1 •◄ A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 48 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in t h is Section , including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 -ANTI DISCRINIMATION 25 . I Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are proh ibi ted from discrim in ating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), he ight, weight, domestic partnership status, labor organization membership, political affiliation, national origin , age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such disc r imination by all of its employees, subcontractors and subconsultants who are performing work for the C ity and must ensure nondiscrimination in all programs, services and activities that are part of t he Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.2 Contractor must incl ude in all of its subcontracts the following clause : "Subcontractors and all of their employees, subcontractors and subconsultants, wh ile performing work for the City, in cluding the hiring and r etention of employees for the performance of Work, are prohibited from discrim inating aga inst anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class". Su bcontractors must take all steps necessary to prevent such discrim in atio n by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscr imination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract." IN WITNESS WHEREOF, the parties hereto have executed the General Condit ions to acknowledge their inclus ion as part of the Contract Documents on this '26 day of -1" (Afl.).,Jµ'.1 , 20 23, ATTES T ED: Signat ure: ___________ _ Nkenga A Payne City Clerk Read and Approved as to Form, Language , Lega li ty, and Exec ution Thereof: Signat ure: ___________ _ City Attorney CONTRA~TOR: ffAS-1-=COl,l.-(•h, Signature:~~ Print Signatory's Name: "fvi I'<\ rf\eA' ueA+v< Title of Signatory: ---'-\J"'""'y e""'s_·, ~'"'"Mi_1"'--------- OWNER: CITY OF SOUTH MIAMI Signature: Shar i Kamali City Manager END OF SECTION 49 EXHIBIT 7 Supplementary Conditions CONSTRUCTION CONTRACT TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I A Consultant: In accordance w ith ARTICLE I of the General Conditions the consultant (CONSULT ANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSUL TANT's, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows : Consultant: N/A B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSUL TANT or from substituting another "person" to act as CONSULTANT. C . Plans for Construction: CONTRACTOR will be furnished ONE (I) sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to t he re production cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT I. Attachments A. & B to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the in surance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 120 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facil ities and conditions that may affect the Work. It is agreed by the parties that no additional exam inat ions, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, req uired by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in t he Contract Documents and, if any conflicts , errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has receive d sufficient notice of the resol uti on thereof from the City Ma nager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto have executed the Su~lementary Conditions to acknowledge their inclusi on as part of the Contract on this 'l-6 day of JGIXl4 , 20 1/3 . CONTRACTOR: k4 r .y O"j C,ow-rS I Inc . Signature: ~ ~Z., Print Signatory's Name: 1v'i rf\t'()U De.,H-t,( Title of Signatory: ___ ?i~(€.-=S~i d~&r1~t ____ _ 50 ATTESTED: Signature: _________ _ Nkenga A. Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: __________ _ City Attorney OWNER: CITY OF SOUTH MIAMI Signature: ___________ _ Shari Kamali City Manager END OF SECTION 51 RESPONDENT QUALIFICATION STATEMENT TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2022 -22 The response to this questionnaire will be utilized as part of the CITY 'S overall Proposal Evaluation and RESPONDENT selection. I . Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past IO years In the past IO years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: 15 15 30 30 w,11;tl(n Island 1ehnis (e,h-/er wlo5 1r·1Q,nq 3500 I~ I Md Blvd, k\le,n,f-tJll?A ft , ( 305) q37 ~ 7 860 Origina l Contract Completion T ime (Days): 42 b) c) --------------- Original Contract Completion Date: 2 I 4-I VJ 2,I Actual Final Contract Completion Dace : 2/ t./ /7., fJt-1 --------------- O rig in a I Contract Price: f 9 3 CtJ5 0 / Actual Final Contract Price: ~ Cf 3 lo 5lJ _. Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: J,'rnrny B.1~,+-unni's (eri-/e-r C ibj o .f-rv4 ~ I 160 0 . Harold M.tifhn 0'1 F-rz_.1 fL q l-/1 . ~2-'6 · 537q Sean /aj&1.5 31. T ' Actual Final Contract Completion Dace: 5 / 3 / / 21 ----'---+.---------- Original Contract Price: ~ f""/ / , B ,3:-l , 'Zt;° Actual Final Contract Price ij '11 ' g3Lf. 2.t:;° Project Name: Owner Name: I ~lln Cf&1L COtMlf1J ciuh C I o. rec. e 'D ep Jc:,. n 52 d) e) Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Dace: Actual Final Contract Completion Dace: Original Contract Price: Actual Fin al Contract Price: Pr oject N am e: Owner Name: Owner Address: Owner Telephone: 65 /r,c,i,'{)n Cf e.e,,K /sltv0 Iv;( M ,am , fl Ali sci. Me. d ,·C-G 52 411 5 &>~I (<_1d.3 e ~ou1h , De I~ Bel,, fL-- 5(o \-'l(iJ1 -0qq7 , Scol-J--Plem,~ Original Contract Completion Time (Days): ({JO Origina l Contract Completion Dace: fJ> , I Y , I £J _ ____:::;__ __ __;:;__ _______ _ Actual Fin a l Contract Completion Date: G · I Y ' J 'l ---------- O rig in a I Contract Price: ii" I () I 1 ? £> f:5" - Actu al Final Contract Price: $ IO l 3 B5 .,. Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Dace : Original Contract Price: Actual Final Contract Price: Se.a oa Ks Be.act;} Ten n ,'sc/l,{/b l 4-BO Seu, DCJLs 41} ,Ve---ro Befitch ,fL -171. -(p'?3 -3&,JD 141 q /30 J 2-/ , 1 q Iii I ?--1 53 3. Current workload Project Name Owner Name Telephone Number Contract Price Sl,--. Aruh,.eWs CG A-CJ/li'0 k,r.KS-1-e,; n 5wl -L..{ 5 l -42-0D -it C/87, 7fi[J Boca ttq+un ,enni ~ Ca,n+e( Aley }(e,11 e,r 5w I -3q3 -7 8'1h t q5,otJO Ci fy bf M itttn; h Be.av E,[ ; 2-4 ~+{,+e f-5 vcz. .. 305 -un 3 -Tl-7-Z.. Ir 2-1, 5Z5 \ndiCLn C(t$~ cc Al; sa Me.ol ,·cc.. 401.-l-33£-i -~ ,..., I lfC/1 8q£ Pa\ rn &avh Ba+h -renn i ", -::f, ((\. Pee¥-5ul -3&q-iL{go $ -3'2-, 5q 5 6)U4Al R,~-e CL SC o +J--fleff)iA_:J 5((; l ., , (p 7 -&Aq 7 s ,~~ g-C(f; Bocu., Rtt1l.f' , 5\,_1·\rn , -retvn 15 M,icet-h Co. !ti well 5l.? I -319 -7~4 (p It I I t t.f-1, {)g() • 30 t-h,Ul-\ru-i QLLn -Sohn 'Btuv.Jic~ 5(o I· ½o · q333 f q I Cf 15 , 4. The follow ing info rmation must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed proje ct organizational cha rt. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Ba nkruptcy petitions filed by or aga inst the Respondent or any predecessor organizations, b) Any arbitration or civ il or crim inal proceedings, or Suspension of contracts or deba rring from Bidding or Responding by any public agency brought c) aga inst the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agenc ies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person : Typ e of Proj ect: I O(J N . WrevJ s ~-lh Pi -P. +. la;td . '.? 3 3 o I q'-f l · 82.-8·537l1 54 Name of Agency: ti t1j o.C Boe-{,,t.-f2...vt-fu,, Address: 1-0 I v.Je.s + Pa I rn (,,Hv Pw JC. J2.J . Telephone No.: 5(.p I · 3q 3 -/ g7 rz_ Contact Person : M ', ca h Cu/ dvJt:,/ I Type of Project: )4bU,ild (y,) Hivr-Tru CICLtj [ulJi+-5 Name of Agency: cai, D+' M,}a..,,n; &{([), Address: \ 100 Co-1\V-e,,n--h'o() Cu,-1-e-r Dr . M/tz.,m.,,J ~ Telephone No.: 3 Cf5 · VJ 13 · /?,. '7 ?_ Contact Person: S-l ;24. ber/---h f;.r-krv'e. Z- Type of Pro ject: G L£½1 Cctt,f-r5 1 Heird uw-f:5 't rt!All e 55 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I I. Format and Content of RFP Response Firms responding to the Solicitation must disclose their qualifications to complete the project as described in Exhibit I, Scope of Services, Attachments A & B for the City in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject REQUEST FOR PROPOSAL For TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as the City Bus Bench Advertising and Services provider, and your firm's understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection process. Response to the Solicitation: This section should summarize the key points of your submittal. Limit to one (I) to TEN ( I 0) pages. Includes the Cover Letter and Executive Summary. Response to the Solicitation must include the following. I. Respondent's qualifications to perform the services detailed in Exhibit I. ''Scope of Services. Attachments A & B!• 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by each person. 4. In addition to submission of the "RESPONDENTS QUALIFICATION STATEMENT'•found in the RFP detailing Respondent's experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of this type. Experience shown should be of the lead project personnel who will be assigned to the City's project and will routinely be interfacing with the City. 56 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the Solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or subconsultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities and counties that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. Please limit your response in the Sections. ''D/1 "E.'' & "F." to SEVEN (7) pages. END OF SECTION 57 Fast Dry Courts, Inc. 1400 NW 13 Ave Pompano Beach, FL 33069 Tel: 954-979-3111 Fax: 954-978-8479 fast-dry.com Title Page Subject: Request for Proposal for Tennis Clay Court Rebuilding & Resurfacing Improvements RFP#PR2022-22 Table of Contents: A. Company Accolades B. Company Qualifications C. List of Executive and Professional Personnel 58 A. Company Accolades: Independently Verified, Award Winning Quality-Vear After Vear Fast-Dry Courts, Inc. has completed 5,900+ projects since 1981 Fast-Dry Courts, Inc. is the only contractor ever recognized by American Sports Builders Association (ASBA) for construction excellence for 17 consecutive years, including 2012 Fast-Dry Courts, Inc. is the only tennis court contractor that cares enough about its performance to request standardized feedback from every customer after every project -1,250+ customer surveys in the last 4years 95.5% of Fast-Dry Courts, lnc.'s customers rate the company an 8, 9 or 10 when asked "How likely are you to recommend Fast-Dry Courts, Inc. to a trusted colleague or friend?" Over 60% of Fast-Dry Courts, Inc. projects completed last year were with repeat customers or customer referrals Labor and material expenditures for warranty issues accounted for less than .004% of billings over the last 3 years B. Company Qualifications: Fast-Dry Courts, Inc. has operated under the same name and ownership team for 39 years Fast-Dry Courts, Inc. Sales and Estimating staff are the most knowledgeable in the industry, with a minimum of 11 years of experience with recreational construction projects Fast-Dry Courts, Inc. Project Managers are the most knowledgeable in the industry, with a minimum of 8 years of field experience in tennis court construction with our company 75% of Fast-Dry Courts, Inc. Project Managers have 15+ years of experience in tennis court construction with our company Fast-Dry Courts, Inc. has 11 professional project management teams ready to serve you, more than any other tennis court contractor in Florida Fast-Dry Courts, Inc. employs a full-time Production Manager to schedule and manage your projects and is available 24/7 to respond to your questions and concerns Fast-Dry Courts, Inc. is a real business, with a real office and a real staff -we aren't a one-man operation working out of a home office, trailer or our truck like 99% of the other tennis court contractors in south Florida! Fast-Dry Courts, Inc. has 6 professional estimators ready to serve you, more than any other We provide the professionalism, experience and depth oftalent your project requires. 59 Fast-Dry Courts, Inc . Sales and Estimating staff are the most knowledgeable in the industry, with a minimum of 11 years of experience with recreational construction projects Fast-Dry Courts, Inc . Project Managers are the most knowledgeable in the industry, with a minimum of 8 years of field experience in tennis court construction with our company 75% of Fast-Dry Courts, Inc. Project Managers have 15+ years of experience in tennis court construction with our company Fast-Dry Courts, Inc. has 11 professional project management teams ready to serve you, more than any other tenn is court contractor in Florida Fast-Dry Courts, Inc. employs a full-time Production Manager to schedule and manage your projects and is available 24/7 to respond to your questions and concerns Fast-Dry Courts, Inc. is a real business, with a real office and a real staff -we aren't a one-man operation working out of a home office, trailer or our truck like 99% of the other tennis court contractors in south Florida! Fast-Dry Courts, Inc. has 6 professional estimators ready to serve you, more than any other tenn i s court contractor in Florida Fast-Dry Courts, Inc. provides a detailed scope and proposal for each project so you always know exactly what we will deliver for you Fast-Dry Courts, Inc. follows an 18-point checklist on each project to ensure on-time and on- budget completion Tennis court contractor in Florida Fast-Dry Courts, Inc. provides a detailed scope and proposal for each project so you always know exactly what we will deliver for you Fast -Dry Courts, Inc. follows an 18-point checklist on each project to ensure on-time and on- budget completion C. List of Executive and Professional Personnel: Trimmer Dettor, President trimmer@fast-dry.com, Resume attached Paul Nickerson, Production Manager pnickerson@fast-dry.com, Resume attached Alex Adams, Project Manager aadams@fast-dry.com , Resume attached Trimmer Dettor, President Date 60 SPECIALTIES: PAUL NICKERSON PROJECT MANAGER FDC HydroCourt Construction, Sprinkler-Irrigated Clay Court Construction, Bocce Court Construction, Clay Court Resurfacing, Standard Clay Court Resurfacing, ClayTech Construction, Lighting Installation, Fencing Installation STARTED CAREER IN TENNISCOURT CONSTRUCTION: 1994 STARTED WITH FAST-DRY COURTS: 1994 INTERESTING FACT: Paul says his hobby is working -he has 3 jobs AWARD WINNING FDC PROJECT: 2012 -Gulf Coast Tennis Club -Gulf Shores, AL 61 Fn fjo lf :~ Fast-Dry Courts ~ SUPPLY Fast-Dry.com 10-S.COM DESIGN • CONsmucnoN • REFURBISHMENT • REPAIR • MAINTENANCE • SUPPUES 62 Experience Account Executive Fast-Dry Courts -Pompano Beach, FL March 2020 to Present ALEX ADAMS 1400 NW 13th Avenue Pompano Beach, FL 33069 Cell: (954) 218-1642 alex@fast-dry.com • Sales/ Account Executive for southeast Florida region of company • Relationship building with prospects and clients • Conduct site visits with prospects to determine scope of work • Sales on hard courts and clay courts Account Executive American Tennis Courts -Mobile, AL March 2019 to March 2020 • Sales/ Account Executive for southeast Florida region of company • Relationship building with prospects and clients • Conduct site visits with prospects to determine scope of work • Sales on hard courts and clay courts Production Manager Fast-Dry Courts -Pompano Beach, FL August 2010 to March 2019 • Worked extensively to create a solid list of subcontractors for clay courts, hard courts, fencing, concrete curbing and lighting • Supervised and directed 10 construction crews from main location • Built a list of approximately 40 reliable and cost-efficient vendors for construction -for example, fencing, fill, concrete, electrical suppliers, artificial turf, dumpsters, exterior lighting, shipping, equipment rentals, etc. • Quantifying and ordering fence and fence materials • Quantifying and ordering clay materials • In order to minimize waste, I would complete a daily review of all job estimates to cross check for existing materials • Responsible for complete inventory management and warehouse • Accepting deliveries and verifying with Accounting for Deliveries/Orders 63 • Ability to handle and coordinate when issues arise throughout the workday-for example issues with deliveries, crews, etc. • Construction estimating to include material calculations and draws for new orders • Completion of Job Info Sheets which act as a detailed roadmap to complete production on all jobs • Scheduling of all jobs -for both client scheduling, and crew scheduling • Assisted, as needed with issues regarding Accounts Payable, Contracts, Purchase Orders, etc. • Completion of all vendor credits • Assistance with billing jobs • Real-time PO receipts/ invoices • Dumpster Coordination • Coordination with all vendors and subcontractors • Daily management of job progress, scheduling and necessary rescheduling • Creation of all Customs Manifest for Export outside of U.S. • Synchronizing Export of International Materials • Synchronizing Importing of International Materials • Calling on and coordinating permit inspections and close-outs with each owner or agency • Conducting pre-construction meetings with customers • Following through on every job to include completion of final punch list items -to gain customers full satisfaction with the completed job • Responsible for ordering, maintenance and distribution of company equipment Systems/ Programs Experience working in MS Office Suite (Excel, Word, Outlook and PowerPoint), PC usage, Apple iPhone usage, Quickbooks, Sage, MasterBuilder, TimeSheets. References Available upon request. 64 TRIMMER DETTOR President / Owner Since May 2006 ABOUT TRIMMER: Trimmer B. Dettor joined 10-S Tennis Supply in May of 2006, when it was acquired by Fast-Dry Corporation. Previously, Trimmer served as Vice President for Fast-Dry Corporation, a wholesale distributor of tennis court supplies, equipment and accessories. Trimmer joined Fast-Dry Corporation in 2002 and was responsible for all aspects of the day-to-day operations of the company. Prior to joining Fast-Dry Corporation, Trimmer owned and operated a kayak tour operator, Kayak Bimini, based in Bimini, Bahamas. Trimmer started Kayak Bimini in January of 1998 and successfully built the company from a one-man operation focused solely on Kayak rental to a multi-employee, full-service tour operator, including rentals, tours, travel and accommodations. Trimmer is a graduate of the University of Florida with a Bachelor of Science in Marketing. CONTACT INFO: Trimmer Dettor President / Owner trimmer@fast-dry.com Toll Free: 800-432-2994 65 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Subcontractor/Subconsultant Address Telephone, Fax & Work Name Email Other: NIA I Sf ✓I + rR ( fa ( me-cl I This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 66 NON-COLLUSION AFFIDAVIT TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ----=--\.:...Jrl...J..Ji a1....:....:...:..rn___;e,,==-(--.ID..,__,,.e=-+t..,___,_--=O=-f=--------being first duly sworn, deposes and states that: (I) He/She/They is/are the owner I o#,'ce_V" (Owner, Partner, Officer, Representative ; Agent) of __;_~_;a><=:;._s +_.____D_('{+--_;C~D_;Llf'-"--_+_~..;;_l _l_n_c___. ____ the Respondent that has submitted the attached Proposii: (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted ; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: ~~ By:_.:;_~+------------- Signature l?imm e..< De.++o r Print Name and T ide Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the cl .5 day of JelY\VO.. v:1j , 20 ;)3 before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 67 _-r-; __ ,_._\_VV\--=----'--V\/\.-"""-e._v-_U __ e\-tar ____________ and whose name(s) is/are Subscribed to the within ;nmumeot, and he/she/they acknowledge that he/shelthey ~ed ;c . WITNESS my hand and official seal. A_ aJ-o.Jj__Q_ c:£....h '\..<JY'i NOT ARY PUBLIC: SEAL OF OFFICE : Notary Public , State of Florida (Name of Notary Public : Print. Stamp , or type as commissioned.) ✓ Personally known to me, or Personal identification : Type of Identification Produced Did take an oath, or D id Not take an oath. 68 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I Pursuant to the provis ions of Pa ragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract t o provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the cons truction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, suppl ie r, Sub -consu ltant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florid a Statutes, for thirty six (36) months from t he date of be ing placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Stat utes. Respondents must disclose with thei r Proposals, the name of any officer, director, partne r , associate, or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS . I. This sworn statement is submitted to [printame of the public entity] -r,;fY1me r De---H-or by _________________________________ _ [print individual's name and title] for __ ...._f ..... a ........ s+~D'--'-(1/_+--"C=ow==-+..,__,s ...... , _lL-nt_;;__. _____________ _ [print name di entity submitting sworn statement] whose business address is 14 60 N\N 13 f>.<\Je. · Poro r a.r1b Be«c...h , ft_ .3 3M:, q and {if applicable) its Fede ral Employer Identification Number (FEIN) is 5Ci ~ 2. £. 1.-104 D (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ______________________ .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 ( I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, bu t not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, o r material misrepresentation. 3. I und erstand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b}, Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federa l or state trial co urt of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime ; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituti ng a controlling interest in any person, or a pooling of equipment or in come among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls 69 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers , directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ~ Nei t her t he entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affil ia te of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ~ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ~ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989 . However, t here ha s been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting t hi s sworn statement on the convicted vendor list . [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLOR IDA STATUTES , FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. r---ic: -r,: [Signature] Sworn to and subscribed before me this _CV-~v ___ day of uO..V"\ ~ , 20 ci) 3. Personallyknown __ ✓_________ St~ £k l/¼ -- OR Produced identification ________ _ (Type of identification) Form PUR. 7068 (R.ev.06/11/92) Notary Public -State of_(" ______ _ My commission expires 6 / ~ ) :J 5 (Printed, typed, or stamped commissioned name of notary public) 70 DRUG FREE WORKPLACE TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition . 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (I) above. 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements . RESPONDENT, Signarnce:~ ~ Print Name: -rr'1mrne,r De ,:-\-\ 0( Date: \ \ V) I '2-:> 71 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2022 -22 TO THE CITY OF SOUTH MIAMI We, fa~+-Df,~ CoW--k , I('(_. ' (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR i r the TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2022 -22 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupatio nal Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to inde mn ify and hold harmless the City of South Miami and th e City's Consultin g Engineer, if any. against any and all li ability, claims, damages, losses and expenses they may incu r due to the failure of Whenever two or more responses to a solicitation which are equal with respect to pric e, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a bus ines s that certifies that it has im plemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) Publ ish a statement notifying employees that t he unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in t he workplace and specifying the actions that will be taken aga inst employees for violations of such prohibition. 2) Inform employees about the dangers of d r ug abuse in the workplace, the business 's policy of maintain ing a drug-free workplace , any ava ilable drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providi ng the commoditie s or contractual services that are under E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those invo lving the procurement of commodities or contractual services that are under E-bid, the e mployee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no late r than five (5) days after suc h conviction . 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to ma inta in a d r ug -free workplace through implementation o f this section. As the person authorized to sign this statement, and under penalties of perjury, I declare chat I have read the foregoing statement and that the facts stated in it are true and that chis firm an d its subcontractors, if any, who are listed below, are in full compliance w ith the above requirements: CONTRACTOR Fas + Df~ Co1 Lr+5 . /0c. BY:~==<z Name Witness :Pee s idPAJ-l--: Title 72 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS TENNIS CLAY COURT REBUILDING & RESURFAC I NG IMPROVEMENTS RFP #PR2023-0 I The person, or entity, who is respondi ng to the C ity 's solicitation , hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED , SUSPEND ED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent 's name appea r s on one or all the "List ings" summarized below, Respondents must "Check if Applies " next to t he applicable "List ing." The "Listings" can be accessed t hrough the following link to the Florida Department of Manageme nt Servic e s website : http:l/www.dms.m yfl orida.co m/b usiness operations/state pu r chasing/vendor information/convicted suspended di scriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, \ Y' i 1nrf'l€,Y Oc.., H-ov (here in after referred to as the "Declarant") state, th at the following facts are t r ue and correct: (I) I represent the Respondent whose name is F=a S+-Dry CowH, Inc.. (2) I have t he following rel atio nshi p with the Respondent fxe $ id w-4--(Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnersh ip) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Manageme nt Services webs ite at the fo ll owing URL address : http:/ /www.dms .myflorida.com/business _ operations/state _purchas ing/vendo r _information/convicted_suspended _ di scriminatory _com pl ain ts_ vendor _lists (4) I have ent ered an "x" o r a check mark beside each li sting/category set forth below if t he Respondent's name appears in t he list found on the Florida Department of Management Services website for that category or list ing. If I did not enter a mark beside a listing/category, it means t hat I am attesting to the fact that the Respondent's name does not appear on the listing for that category in th e Flo r ida Department of Management Services webs ite as of t he date of this affidavit. Check the follow ing cat egories if Applicable Convicted Vendor Li s t Suspended Ve ndor List Discriminatory Vendor List Federal Excl uded Parties List Vendor Complaint List Under penalties of perjury, and as the person a uthorized to sign t hi s statement, I declare that I have read the fo regoing statement and that the facts stated in it are true and th at th is fi r m is in full compl iance with the above req uirements. By:~~ (Signature of Decl a rant) T<il'l'l rn~ D,e.,W (Print name of De cl a rant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the 95 d~ of Ja.Y1V CL V\,A , 20 .::> 3 , before me , the unders igned authority, personally appeared I r\Y"Y"\Y"Y)-f v D€.._:fh::i ~ who is(personall y knov0 to me or who provided the following identification _______ and w ho took an oath or affirmed that that he/she/they executed the fo cego;ng Affidav;, as the Dedarant. " <:::J/1 ~ Uh./ WITNESS my hand a nd official seal. ~ SEAL ! "°"......,,..,.,."°",,..,_"""'.,,.._"""""N...,...J'..l'v'W Notary Public , State of Florida ·.P., letvDn a me o f Notary Publ ic: Print, tamp o r type as commissioned.) 73 RELATED PARTY TRANSACTION VERIFICATION FORM TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I I Ji, Mf'Yllf D~Y-, individually and on behalf of Fa J+-D'{y CotJ..r+-J , /rx..... ("Firm ") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Sectio n SA-I o f the City's Code of Ordin ances and I hereby certify, under penalties of perjury t hat to the best of my knowledge, info r mation and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) wi t h regard to the contract or bus iness that I, and/or the Firm, am(a re) about to perform for, o r to transact with , the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyo ne who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I , who is an employee of the City or who is(are) an appoin t e d or elected official of t he C ity, or w ho is(are) a member of any public body created by the City Commission, i.e ., a board or committee of t he City, [while the et hics code still applies, if the person executing this fo r m is doing so on behalf of a firm whose st ock is publicly traded, the stat ement in this section (2) must be based solely on the s ignatory's personal knowledge and he/s he is not requ ired to ma ke an independen t investigation as to t he re lat io nshi p of employees or those who have a financial interest in the Firm .]; and (3) ne ither I nor the Firm , nor anyone who has a financial interest greater than 5% in the Firm, nor any member of t hose persons ' immed ia te family (i.e., spo use, parents, children, brothers and sis t ers) has transacted or entered in t o any con t ract(s) with t he City o r has a financial inte rest, direct or indirect, in any business being transacted with the ciJ , A wi t h any pe rson or agency acting fo r the city, other t han as follows: _ (if necessary, use a separate sheet to supply add itional informat ion t hat will not fit on this line ; however, you must make refe r ence, on t he above line , to the additional sheet and the additiona l sheet must be signed under oath). [while the ethics code st ill app li es, if the person executing this form is do ing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely o n the signatory's personal know ledge and he /she is not req uired t o make an independent in vestigation as to the relationship of those who have a fina ncial in terest in t he Firm .]; and (4) no elected and/or appointed official or e m ployee of the City of South Miami, or any of their immediate family members (i.e ., spo use, parents, children, brothers and sisters) has a financial interest. directly or indirect ly, in the contract between you and/or your Fi r m and the City other than t he following individuals whose interest is set forth fo ll owing their names: ----~N--r~----------------- (if necessary, use a s eparate sheet to sup ly addition al infor mation t hat w ill not fit on t his line ; however, you must refer, on t he above lin e , to t he ad di tional sheet and the add it ional sheet must be s igned under oath). The names of all City employees and that of all elected and/or appointed city officials o r board members, who own, directly or indirec t ly, an interest of 1ve percent (5%) or more of the total assets of capital stock in the firm are as follows: N (if necess a ry, use a sepal-at e sheet to supply additional informat ion t hat w ill not fi t on t his line; however, you must refer, on the above line, to t he add itional sheet and the additional sheet must be sig ned under oath). [wh ile the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly t raded, the statement in t hi s section (4) m ust be based solely on the signatory's personal know ledge and he/she is not re quir ed t o make an independe nt in ve stigation as to the fin a nci al inte rest in t he Firm of city emp loyees, appointed officials or th e i~mediate family members of elected and/or appointed official or employee.] (5) I and t he Firm further agree not t o use or attempt t o use any knowledge , property or reso urce which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with t he City, to secure a special privilege, benefit, or exemption for ourselves, or o t hers . We agree that we may not disclose or use information, not avail able t o members of the general public , for our personal ga in or benefit or for the personal gain o r benefit of any other person o r business entity, outside o f t he normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge t hat we have not con t racted or transacted any business with t he City or any person o r age ncy acting for the City, and that we have not appeared in representation of any third party before any board, com mission or agency of the City w ithin t he past two yea rs other than as 74 follows: N / A (if necessary, use a 'separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e ., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: N J A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm , nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e ., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate farp :y (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: __ N_L~A ________ _ __________________ (if necessary, use a separate sheet tb supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm . ( I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law . Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the ~ Signature: --+------''---------- Print Name & Title: 1 /,()')f()t-{ DeJhf / Presi d&r1 + , Date: __ \-+-l -=--'2}j""-+-j rz--=?> __ _ 75 Sec. BA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel, and departmental personnel. 'The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members0 shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk. city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term 0 compensatfon" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, In return for services rendered or to be rendered. (8) The term acontrolling financial Interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more In a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term •immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person Involved. ( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering Into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included In the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business In which that person or a member of the immediate family has a financial Interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make Illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering. or registered land surveying, as defined by the laws of the state and 76 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions rumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. ( d) Further prohibition on transactlng business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b )(I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b )(I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from a public meeting at which official action is to be taken. 77 (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Rorida Statutes, for 0 local officers0 with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the dty. Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(I) through (6) shall corrupdy use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined In paragraphs (b)(I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential Information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined In paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept Incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited Investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 78 (I) Certain apt,earances and payment prohibited. (I) No person Included in the terms defined In paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or Is seeking some benefit from the city or a city agency, In connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit In question. (2) No person Included in the terms defined In paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when flnandal Interests Involved. No person included In the terms defined in paragraphs (b) (I) through (6) shall participate In any official action directly or Indirectly affecting a business in which that person or any member of the immediate family has a financial Interest. A financial interest Is defined in this subsection to include, but not be limited to, any direct or Indirect Interest In any investment, equity, or debt. (n) Acquiring financial Interests. No person included in the terms defined in paragraphs (b}(I) through (6) shall acquire a financial interest In a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (O} Recommendln1 professional services. No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist In any transaction involving the city or any of Its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing apt>llcatlon after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies Is a party or has any interest whatever, whether direct or indirect. Nothing contained In this subsection shall prohibit any Individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entitles, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described In paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial Interest; and in which he or she participated directly or indirectly through decision, approval, disapprova~ recommendation, the rendering of 79 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). ( q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 80 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c){9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees . No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, lflrt"\lt'\ey-D.e+t-or makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. TITLE Pfodu.vh o l"I M.0tf\03u A-ccoU-fl + E~ udive For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this 1, 5 day of 1 lU\U.W\( -?~ Signature of Representative "Triin~r OeHu< I Pf,ui c.lui+ ' Print Name and Title , 20 13..._. Print name of entity being represented. END OF SECTION 81 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 09/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Heu of such endorsement(s). PRODUCER 1,;0NTACT NAME: Brown & Brown of Florida, Inc. r,.H~N.t Exll: (954) 776-2222 1r~ Nol: (954) 776-4446 1201 W Cypress Creek Rd imss: 053.certs@bbrown.com Suite 130 INSURER/SI AFFOR0IIIIG COVERAGE NAIC# Fort Lauderdale FL 33309 INSURERA: Amertsure Insurance Company 19488 INSURED INSURERB: Amertsure Partners Insurance Company 11050 Fast Dry Courts, Inc. INSURERC: 1400 N.W. 13th Avenue INSURER0: INSURERE: Pompano Beach FL 33069-1906 INSURERF: COVERAGES CERTIFICATE NUMBER: 22123 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN:>R TYPE OF INSURANCE LlR INSD WVD POLICY NUMBER ,MMio'6ivvvv-t IMMIDDNffi'I LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 i--:J CLAIMS-MADE [81 OCCUR 1.11"\Ml"'\""1~ IUni;;;;1,1i;;1.1 s 1,000,000 i--PREMISES IEa occurrence! i--MEO EXP CArw one oersonl s 10,000 A y y CPP20600071401 i-- 02/09/2022 02/09/2023 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 R POLICY [81 ~fc?i □ LOC PRODUCTS· COMP/OP AGG s 2,000,000 OTHER: $ AUTOMOBILE LIABILITY fe~~=~~NGLE LIMIT $ 1,000,000 rx ANYAIITO BODILY INJURY (Per person) $ B i--OWNED ~ SCHEDULED CA20600061305 02/09/2022 02/09/2023 BODILY INJURY (Per accident) $ AllTOSONLY AllTOS [8 HIRED [E NON-O'MIED iP~~=~~E $ Al/TOSONLY AUTOS ONLY $ ~ UMBRELLA UAB ~OCCUR EACH OCCURRENCE s 3,000,000 A EXCESSUAB CLAIMS-MADE CU21199430002 02/09/2022 02/09/2023 AGGREGATE s 3,000,000 OED I XI RETENTION $ 0 $ WORKERS COMPENSATION XI ~f:TllTE I I OTH- ANO EMPLOYERS' LIABILITY ER YIN A ANY PROPRIETORIPARTNERIEXECIITIVE ~ NIA WC20974690701 02/09/2022 02/09/2023 E.L. EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 II yes, descnbe Llllder s 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Romarka Schcdulo, may be atta-if more space Is required) PROJECl: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. RFP #PR2022-22 -Tennis Clay Court Rebuilding & Resurfacing Improvements The certificate holder is named as additional insured under the GL as required by written contract A waiver of Subrogation In favor of the certificate holder is provided under the GL. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of South Miami ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Dr AUTHORIZED REPRESENTATIVE South Miami FL 33143 ~~ e::::. - I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 2512016/03) The ACORD name and logo are registered marks of ACORD 82 EXHIBIT 5 CONSTRUCTION CONTRACT TENN IS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I THIS CONTRACT was made and entered into on this 2 5 day of '1 a. f\,l}...iw../ , 20~, by and between FaJ4-0 C,~J '-, (hereafter referred to as "Contractor"), and t he City o f outh Miami (hereafter r eferred t o as "Owner"), through its C ity Manager (hereafter referred to as "C ity "). Contractor, for the consideration set forth herein, hereby agrees w ith Owner as follows : I. Contractor must furnish all labor, materials , equipment, mac hin ery, tools, apparatus, transportation , and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents here in after referred to as the Work. 2 . The Contract Documents must include this Contract, General Conditi ons to the Contract, if any, the drawings , plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to t hi s co ntract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Cont ractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and mus t complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby ag re es to pay to Contractor for the fait hfu l performance of this Contract, subject t o additions and deductions as provided in t he Con t ract Documents and any properly approved , written change orders, in lawful money of the United States, the Lump Sum amount of: Of"\e hu ndftd e.i ghf-J,n ine. ti'Hl-4~and o,,,u/ ul/t,. Dollars($ /f)q , {)00 .s (Spell Dollar Amountabove) ("Contract Price"). 5. The expenses of performing Work after regula r working hours, and on Sunday and legal holidays must be included in t he Contract Price. The City may demand, at any point in t ime, that any part, or all , of the Work be performed after regular working ho ur s. In such event, the Responde nt will have no right to additional co m pensatio n for such work. However, nothing contain ed herein authorizes wor k on days and during hours that are othe rwise prohibited by ordinan ce unless specifically authorized or instructed in writing by the C ity. 6. If the Work is expected to require more than one month, Owner will make month ly partial payments to Contractor on t he bas is of a duly certified an d approved sched ule of values for the Work performed during eac h calendar month by Contractor, less the retaina ge (all as provided for in the Contract Documents), which is to be withheld by Owner until complet ion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by t he City. 7. Upon submiss ion by Cont racto r of ev idence satisfactory to Owner t hat all labor, material , and other costs incurred by Contractor in connection w ith the construction of t he Work have been pa id in full, and after compliance wi t h t he terms fo r payment provided for in the Contract Documents , in cl uding the execution and delivery to t he City of all documentat io n required by any governmental agency, includ in g the City, that such agency requires of the Contractor, such as conveyance documents of water and or sewer facilities, if they are the subject of this Project, to Miami-Dade County. 8. Final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract, including delivery of all required documentation, and the acceptance of such Work by Owner. 9. The Work must be completed in 120 calendar days. In t he event that Contractor fails to complete the Wor k w ithin t he time lim it stipulated in t he Contract Documents, or t he extended time limit agreed upon, in accordance with the procedure as mo re particularly set fo rth in t he Contract Documents, liquidated damages must be paid by Contra ctor at the rate of $500.00 dollars per day. IO. It is fu rther mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Con t ract and the Bond for its faithful performance and payment, the City deems the Su rety or Sureties up on such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to 83 subcontractors and suppliers, Contractor must, at its expense with in five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. I I. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the C ity and in accordance with the Contract Documents. 12 . The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 13.AII provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on t he day and date set forth next to their name below and may be signed in one or more co unterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Cont ract. CONTRACTOR: ~as+--DKJ Cb LLfb I tnc . Signature:~~ Print Signatory's Name: Tvi m ~ De H-W' T itle of Signatory: --~P~v~e.~s_iO.._e,,fi_~t' _____ _ ATTESTED: Signat u re: ___________ _ Nkenga A. Pay ne C ity C lerk Read and Approved as to Form , Language, Legal ity, and Execution Thereof: Signature: ___________ _ City Attorney OWNER: CITY OF SOUTH MIAMI Signature: __________ _ Shari Kamali City Manager 84 EXHIBIT 6 CONSTRUCTION CONTRACT GENERAL CONDITIONS TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0I ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refer to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for Interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document If that specific provision contains a definition of the term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or Interpret the Contract Documents, Drawings and Specifications. by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULT ANT), if any, or the City Manager which is to be used by CONTRACTOR In requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. ~ Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line-Item pricing, where there are multiple locations, and the timeframe for completing the work. ~ The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. Clt;y Manager: Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price; The total moneys payable to CONtRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm, or corporation with whom OWNER has executed the Contract. CONSUL TANT: The person Identified as CONSULT ANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. ~ A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. ~: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or 85 allowed by the Contract Documents, the day of the act, event, or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday, or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that Is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULT ANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph I 0.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSUL TANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph I 0.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULT ANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. ~ The term "policy" as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context In which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work Subcontractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULT ANT, when the construction of the Project or a certified part thereof is sufficiendy completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, Issued by CONSULT ANT, will be null and void if it is based on false, misleading, or inaccurate information, from any source, or when it would not have been Issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list'' work. 86 Syi;iplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Worlc Any and all obligations, duties, and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing. any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Anmt 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified, and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execytion of Contract: 2.2 At least four counterparts of the Contract. the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten ( I 0) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Secyrit;y/Performance and Payment Bond jf any are required by the applicable RFP: 2.3 Within ten ( I 0) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (I 00%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent ( I 00%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1 ), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded In the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 87 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Rgpresentation: 24 CONTRACTOR represents that it has familiarized itself with and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinance, rules, and regulations that may in any manner affect performance of the Work and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULT ANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULT ANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entided to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion; 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSUL TANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULT ANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULT ANT, Resident Project Representatives, CONTRACTOR, and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULT ANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of 88 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULT ANT will notify CONTRACTOR in writing if either the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULT ANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person, or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSUL TANT to reject defective Work, material or equipment, or any Work, material, or equipment not in conformance with the requirements of the Contract Documents. 2.1 I If, prior to the Notice of Award, the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3-CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install'', "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to I produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished, and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight, and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULT ANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULT ANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated, and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names, where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or nequivalentn, when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULT ANT, as the material or product so specified. Proposed equivalent 89 items must be approved by CONSUL TANT before they are purchased or incorporated In the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase nor equaln, CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSUL TANT, prior to performing any work involving a conflict In the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSUL TANT must use the following list of Contract Documents as a guide. These documents are set forth below In the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any ( d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (I) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4-AYAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS AvaHabHjgy of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent strUctures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CON:rRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions; 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, Including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an Inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to It prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve It from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Dlfferin1 Site Condjtjons; 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing. of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 90 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULT ANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULT ANT and any OWNER Representative at all reasonable times. A set of "As-Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials. Equipment. Products and Substjtytjons: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment, or products, together with such samples as may be necessary for them to determine their acceptablllty and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated In the Special Conditions. No request for payment for "or equaln equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this Is referenced for the 91 purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULT ANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSUL TANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULT ANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.S No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good tide to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject Items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (S) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSUL TANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSUL TANT, unless CONSULT ANT determines that there is good cause for doing so. 6.8 CONTRACTOR is fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULT ANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSUL TANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSUL TANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the Identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any speciflc trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 92 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULT ANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSUL TANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSUL TANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles, or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances, and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULT ANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to CONSULT ANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules, and regulations. Discrimination: 6.17 A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. 93 Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury, or loss to: 6.19. I All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULT ANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULT ANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSUL TANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULT ANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers, and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULT ANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULT ANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULT ANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULT ANT, in writing. of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULT ANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 94 and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULT ANT. A copy of each Shop Drawing and each approved sample must be kept In good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULT ANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULT ANT, in writing. to each deviation at the time of submission and CONSUL TANT has given written approval to the specific deviation, nor may any review by CONSULT ANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULT ANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn, and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closedn signs must be placed immediately adjacent to the Work. in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanjtar:y Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULT ANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULT ANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULT ANT. 95 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs, or specifications or (b) the giving of or the failure to give directions or instructions by CONSULT ANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Re§ponsjbHity for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULT ANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Proiect. Cooperation with Governmental Departments. Public Utilities. Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties') owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the Item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULT ANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR may not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSUL TANT and OWNER as well as their instructions with regard to signs, advertisements, fires, and smoking. 96 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors, and other personnel, as well as that of the material delivery trucks and other vehides that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install, and maintain adequate construction office facilities for all workers employed by it or by Its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULT ANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Prgperty Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted In the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 -WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER. If it Is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER. CONTRACTOR must promptly report to CONSULT ANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting, fitting, and patching of the Work that may be required to make Its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating, or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULT ANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entides him to an extension of the Contract Time, he may make a claim therefore as provided In Articles 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are Impracticable, the Work will require specific approval of CONSULT ANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay In the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves Informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and In writing. Lack of such notice to CONSULT ANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost. 97 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8-CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULT ANT. 8.2 In cases of termination of employment of CONSULT ANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULT ANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION. Cit;y's Representative: 9.1 CONSUL TANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULT ANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULT ANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes, and other matters in question between OWNER and CONSULT ANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSUL TANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules, and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarificatjons and Interpretations: 9.3 CONSUL TANT will issue, with reasonable promptness, such written clarifications, or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULT ANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSUL TANT will have authority to disapprove or reject Work that is nDefective Workn as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULT ANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move 98 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9 .7 In connection with CONSULT ANT's responsibility for Change Orders see Articles I 0, I I, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9 .11 CONSULT ANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSUL TANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10-CHANGES IN THE WORK. I 0.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions, or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULT ANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. I 0.2 CONSUL TANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULT ANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. I 0.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph I 0.2. I 0.4 The City Manager will execute appropriate Change Orders prepared by CONSULT ANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULT ANT. I 0.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change In the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE. 99 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULT ANT and signed by the City Manager or issued by the City Manager in writing. CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULT ANT, it must, within ten ( I 0) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULT ANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section I 1.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSUL TANT's determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus 100 materials and equipment will accrue to OWNER. and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSUL TANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULT ANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. 11.8. 9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. I 1.10.2 A mutually acceptable fixed percentage ( not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 101 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fD<ed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULT ANT within five (S} business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.S All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for In Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entided to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR, and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULT ANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 -GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one 102 that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULT ANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULT ANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site. the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for I 00% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULT ANT will within ten ( I 0) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his 103 reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain five (5%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services, or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure, and phase. [See Sec. 255.07, Aa. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warrant;y of Tide 14.3 CONTRACTOR warrants and guarantees that tide to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated In the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as nuensj; and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULT ANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSUL TANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULT ANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that tide to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entided to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 104 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier. the same amount of money will be withheld from CONTRACTOR's payment until the Issue Is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a Judgment Is entered in favor of CONTRACTOR or the person. in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULT ANT may refuse to approve the whole or any part of any payment If. In its opinion. it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment. or it may void any prior payment application certification because of subsequendy discovered evidence or the results of subsequent Inspection or tests to such extent as may be necessary In its opinion to protect OWNER from loss because: 14.6.1 of Defective Worlc, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment Is requested cannot be verified. 14.6.3 claims of Uens have been flied or received, or there is reasonable evidence Indicating the probable filing or receipt thereof. 14.6.4 the Contract Price has been reduced because of modifications, 14.6.S OWNER has corrected Defective Work or completed the Work In accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work. including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of. or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager. with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not Interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibllitr for the care and protection of the Work. or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages. but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of making payments to your organization going forward, Citr Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique secu~ features. with $0 of available funds until an invoice Is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred Into the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained In this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, 105 final, or otherwise, will not release CONTRACTOR or Its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSUL TANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequendy discovered evidence or the results of subsequent inspection or tests, that 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Uens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification'1 by CONSUL TANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSUL TANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City: May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULT ANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entided to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULT ANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section I 5.5 I 5.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 106 I 5.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I 5.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or servlce(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment I 5.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR. if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such Items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate I 5.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULT ANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULT ANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULT ANT has failed to act on an Application for Payment or OWN ER has failed to make any payment as afore said, CONTRACTOR may upon ten ( I 0) calendar days' notice to the City Manager and CONSULT ANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULT ANT is an independent contractor of OWNER, CONSUL TANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSUL TANT's request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULT ANT harmless as to any decision in this regard before CONSULT ANT makes an Interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 -MISCELLANEOUS. 16. I Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSUL TANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULT ANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 107 ARTICLE 17 -WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE IS-ATTORNEYS FEES IURISDICTION /VENUE/ GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes, and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 • PROIECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR. and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY. 108 20. I If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR Is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of Its rights or duties, obligations and responsibilities arising under the terms, conditions, and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign Its duties, obligations and respor:isibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 -FORCE MAIEURE, 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24-E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Aa. Stat., Contractor, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. 24.1.1 Contractor must require each of Its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which It Is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise compiled. must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1 •◄ A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 109 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in t h is Section , including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 -ANTI DISCRINIMATION 25 . I Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are proh ibi ted from discrim in ating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), he ight, weight, domestic partnership status, labor organization membership, political affiliation, national origin , age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such disc r imination by all of its employees, subcontractors and subconsultants who are performing work for the C ity and must ensure nondiscrimination in all programs, services and activities that are part of t he Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.2 Contractor must incl ude in all of its subcontracts the following clause : "Subcontractors and all of their employees, subcontractors and subconsultants, wh ile performing work for the City, in cluding the hiring and r etention of employees for the performance of Work, are prohibited from discrim inating aga inst anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class". Su bcontractors must take all steps necessary to prevent such discrim in atio n by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscr imination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract." IN WITNESS WHEREOF, the parties hereto have executed the General Condit ions to acknowledge their inclus ion as part of the Contract Documents on this '26 day of -1" (Afl.).,Jµ'.1 , 20 23, ATTES T ED: Signat ure: ___________ _ Nkenga A Payne City Clerk Read and Approved as to Form, Language , Lega li ty, and Exec ution Thereof: Signat ure: ___________ _ City Attorney CONTRA~TOR: ffAS-1-=COl,l.-(•h, Signature:~~ Print Signatory's Name: "fvi I'<\ rf\eA' ueA+v< Title of Signatory: ---'-\J"'""'y e""'s_·, ~'"'"Mi_1"'--------- OWNER: CITY OF SOUTH MIAMI Signature: Shar i Kamali City Manager END OF SECTION 110 EXHIBIT 7 Supplementary Conditions CONSTRUCTION CONTRACT TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I A Consultant: In accordance w ith ARTICLE I of the General Conditions the consultant (CONSULT ANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSUL TANT's, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows : Consultant: N/A B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSUL TANT or from substituting another "person" to act as CONSULTANT. C . Plans for Construction: CONTRACTOR will be furnished ONE (I) sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to t he re production cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT I. Attachments A. & B to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the in surance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 120 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facil ities and conditions that may affect the Work. It is agreed by the parties that no additional exam inat ions, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, req uired by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in t he Contract Documents and, if any conflicts , errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has receive d sufficient notice of the resol uti on thereof from the City Ma nager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto have executed the Su~lementary Conditions to acknowledge their inclusi on as part of the Contract on this 'l-6 day of JGIXl4 , 20 1/3 . CONTRACTOR: k4 r .y O"j C,ow-rS I Inc . Signature: ~ ~Z., Print Signatory's Name: 1v'i rf\t'()U De.,H-t,( Title of Signatory: ___ ?i~(€.-=S~i d~&r1~t ____ _ 111 ATTESTED: Signature: _________ _ Nkenga A. Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: __________ _ City Attorney OWNER: CITY OF SOUTH MIAMI Signature: ___________ _ Shari Kamali City Manager END OF SECTION EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT A TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-01 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for, and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All of the Work must be reflected in the Respondent’s proposal and Schedule of Values Form found in the Scope of Services, Exhibit 1, Attachment B. 112 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachments A, & B, all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday—See Section 7-15 and 7-16 of the City’s Code of Ordinances. IT IS THE BIDDER’S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for professional services related to tennis clay court rebuilding and resurfacing improvements at Dante Fascell Park. This project is for three (3) total tennis clay courts #4, #5, and #6. All work must be completed within one-hundred and twenty (120) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A & B. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). III. SITE LOCATION: The construction project will be held at Dante Fascell Park, located at 8600 SW 57th Avenue, South Miami, FL, 33143. IV. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted in a “Lump Sum” by completing Exhibit 3 “Respondents Bid Form” and shall include all cost associated with completing this 113 project as outlined in the scope of services and Schedule of Values, Exhibit 1, Attachment B. It is the City’s intention to award this project to a single Contractor. SCHEDULE OF VALUES : RESPONDENTS ARE TO COMPLETE THE “SCHEDULE OF VALUES FORM, EXHIBIT B.” WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT B. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. V. PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within 120 calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. VI. EVALUATION AND SELECTION OF A RESPONDENT: Selection of a Respondents shall be in accordance with the Technical Criteria listed in Exhibit 4, “Evaluation and Selection Criteria.” The City will utilize the format and process for the Selection of Respondents. It is the intention of the City to award a contract to the highest ranked Respondent in accordance with the Exhibit 4 “Evaluation and Selection Criteria.” VII. WARRANTY: Respondent/Contractor must include the following with their proposal: Applicable warranty and/or guarantees of all material and labor, including : • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy under normal use; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year and if General Conditions are made part of the contract documents for this project, at a minimum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. 114 If equipment is being provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. VIII. DOCUMENTATION: a. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City, that such agency requires of the Contractor, including documentation for the conveyance of any property or facilities that are the subject of this Project. SPECIAL NOTE A PERFORMANCE AND PAYMENT BOND IS (NOT) REQUIRED FOR THIS PROJECT. END OF SECTION 115 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT B TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-01 “SCHEDULES OF VALUES” NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT’S SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract. ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION 1-1 Permit 1 LS $ 1-2 Mobilization 1 LS $ 1-3 Clean Court Surface 1 LS $ 1-4 Temporary Remove 9' Tall Windscreens 360 LF $ 1-5 Store & Reinstall Existing 9' Tall Windscreens* 360 LF $ 1-6 Remove, Store, and Knuckle Chain Link Mesh to new Elevation 600 LF $ 1-7 Remove and Dispose Court Lines, Nails, Center Anchors, and Nets 3 EA $ 1-8 Remove and Dispose existing Net Posts and Footers 6 EA $ 1-9 Cap and Reposition Net Post Irrigation lines 6 EA $ 1-10 Regrade Base for 1" in 30" slope 22,000 SF (3 courts) 1 LS $ 1-11 New Perimeter Brick Line 600 LF $ 1-12 New Screening Base 2"-1/2" and Green Rock Har-Tru 1" 22,000 SF 1 LS $ 1-13 Net Posts, Footers, and Sleeves 6 EA $ 116 1-14 Reposition Net Post Irrigation lines 6 EA $ 1-15 Herringbone Linetape Sets Installed and Secured with Nails (usta specs) 3 EA $ 1-16 External Wind Net Posts 3 EA $ 1-17 Streamliner Tennis Nets, Straps, Anchor Mates, and Locking Bands 3 EA $ 1-18 All Waste Hauled Off Site and Disposal 1 LS $ TOTAL BASE PROJECT: $ ADDITIONAL SERVICES 2-1 Furnish and Install 6" Dura Sloped Trench Drain 180 LF $ 2-2 9' Tall Custom Tenn-Air Pro Windscreen with Vents & Installation* 580 LF $ 2-3 Monochrome Windscreen Logos 60 SF 6 EA $ TOTAL ADDITIONAL SERVICES: $ TOTAL PROJECT COST WITH ADDITIONAL SERVICES: $ *If item #2-2 is selected, item #1-5 description and fee are null and void. SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 117 EXHIBIT 2 TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-01 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 118 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 119 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 120 issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute, and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or ut ilized by the design professional in the performance of the contract. END OF SECTION 121 122 EXHIBIT 3 TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I RESPONDENTS BID FORM NOTE: FAILURE TO COMPLETE AND SUBMIT THE RESPONDENTS BID FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE THIS PROPOSAL IS SUBMITTED TO: Sha r i Kama li City Manager City of So uth Miami 6130 Sunset Drive South Miami, FL 33143 I. 2. 3. a. b. c. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of Sou t h Miami in the form in cluded in this Solicitation Package and t o perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, in clud in g without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submittin g this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the in formation contained in this Bid Form . Respondent agrees t o sign and submit the Bonds, if required by this Sol ici tation, required insurance documents, and other documents required by the Solicitation, in cluding the Contract if not already submitted, within ten (I 0) calendar days after the date of the City's Notice of Award. In submitting this Proposal, Respondent represents that Respo ndent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. tJ / A. Dated: Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed wo r k, site, locality, and all local conditions and laws and reg ulat ions that in any manner may affect cost, progress, performance or furnishing of the Work. Subsurface conditions: If applicable to this Sol icitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explo rations, tests and studies in addition to or to supplement those refe r red to in this paragraph which pertain to the subsurface or physical conditions at the site o r otherwise may affect the cost, progr ess, perfo r mance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or sim ilar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible 123 underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: 1\' 1 S9 , ooo dollars and ___ 0_0 /,_~ ____ cents Alternates: # I N / A #2 N / A I ---~-1,~---------- A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services._ Attachment A, & B, shall be completed, in full, within 120 calendar days from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person j 1Y\ N\t,{ OeJ::kr( 124 7 . The terms used in this Proposal which are defined in t he Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form , and are made a part of this proposal, by reference. 9 . This proposal is submitted by fQS ,1.-Ot''-/ Co LU +s. ! Y\C.. whose address is 14D6 ('J W 13 Ave 9omeC,l,:OO Sea.Cb f(, 5301e,'iw hose telephone num~er is 'l~-'11!¾,311 I , whose fax number is __ qt't . qH · ~l.iJ(j , whose email address i_s -t-r1 (l\f1\«" e ~H~clty, [om and whose a~thorized representative signing this Bid Form is 1f1IY'"'U Oe:H:ot whose title is fre~1d.o-rit-. I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal , or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature~~ Date of Execution: 1 /15) 13 7'vir0rn~f u.eW [Print signatory's name] END OF SECTION 125 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract. ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION 1-1 Perm it I LS $ 1,000.00 1-2 Mobilization I LS $ 7,000 .00 1-3 Clean Court Surface I LS $ 6,500.00 1-4 Temporary Remove 9' Tall 360 LF $ 500.00 Windscreens 1-5 Stor e & Reinstall Exist ing 9' Tall 360 LF $ 1,000.00 Windscreens* 1-6 Remove, Store, and Knuckle Chain 600 LF $ 5,000.00 Link Mesh to new Elevation 1-7 Remove and Dispose Court Lines, 3 EA $ 2,000.00 Nails , Center Anchors, and Nets 1-8 Remove and Dispose existing Net 6 EA $ 3,000 .00 Posts and Footers 1-9 Cap and Repos ition Net Post 6 EA $ 2,000.00 Irrigation lines 1-10 Regrade Base for I" in 30" slope I LS $ 7,000.00 22,000 SF (3 courts) 1-1 I New Perimeter Brick Line 600 LF $ 5,000.00 1-12 New Screening Base 2"-l /2" and I LS $ 130,000.00 Green Rock Har-Tru I" 22,000 SF 1-13 Net Posts, Footers, and Sleeves 6 EA $ 3,000.00 126 1-14 Reposition Net Post Irrigation lines 6 EA $ 2,000.00 1-15 Herringbone Linetape Sets Installed 3 EA $ 4,000.00 and Secured with Nails (usta specs) 1-16 External Wind Net Posts 3 EA $ 1,000.00 1-17 Streamliner Tennis Nets, Straps, 3 EA $ 1,000.00 Anchor Mates, and Locking Bands 1-18 All Waste Hauled Off Site and LS $ 8,000.00 ••• TOTAL BASE PROJECT: I I $ 189,000.00 I ADDITIONAL SERVICES 2-1 Furnish and Install 6" Dura Sloped LF $ 22,000.00 Trench Drain 180 9' Tall Custom Tenn-Air Pro 2-2 Windscreen with Vents & 580 LF $ 9,000 .00 Installation* 2-3 Monochrome Windscreen Logos 60 6 EA $ 5,500.00 SF TOTAL ADDITIONAL SERVICES: $ 36,500.00 TOTAL PROJECT COST WITH ADDITIONAL $ 22S,000.00 SERVICES: *lfitem #2-2 is selected, item #1-5 description and fee are null and void. SUBMITTED THIS 30th PROPOSAL SUBMITTED BY: Fa.st Dry Cou rts, Inc . Compa.ny Trimmer Dettor Name gf PeR;en Aut~o Submit Proposal ~ ~ Signature ._ President T it le DAY OF -----=J'-an_u_ar...:...y ____ 20_11_. (954) 979-31 I I Telephone Number (954) 978-8479 Fa.x Number trimmer @fast-dry.com Emai l Add r ess END OF SECTION Page 1 of 1 FINAL Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov RFP Title: TENNIS CLAY COURT RESURFACING & REBUILD RFP No.: RFP #PR2023-01 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. Additional Comments: Reviewed by: Date: (Print Name) (Signature) Criteria FAST DRY COURTS 1. Proposer’s relevant experience, qualifications, and ability to perform tennis clay court rebuilding and/or resurfacing improvement projects, including key personnel and their experience and qualifications in performing the work services described hereto, as well as subcontractors, that will or may be assigned to this project, and the experience and qualifications of subcontractors: Maximum Points: 40 2. Proposer’s professional industry licenses, association certifications, training credentials, etc. related to rebuilding and/or resurfacing projects: Maximum Points: 30 3. Proposer’s proposed price proposal/cost Related Projects/Past Experience: Maximum Points: 30 Total Score: Rank 127 Bidder BID PRICE SOV BID FORM Bidder Qualif.Ref.List of Subs' Non Coll. Affidavit Public Entity Crimes and Conflicts Drug free Workplace OSHA Stds Fed. State Listings Related Party Presen Proof of Ins Signed Contract FAST DRY COURTS $189,000 X X X X X X X X X X X X X X FAST DRY COURTS. Additional Svcs $225,000 X X X X X X X X X X X X X X RFP PR2023-01 PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 128 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2023 - 01-0-2023/SK Bid Name TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS Bid Due Date 01/31/2023 10:00:00 Eastern Bid Opening Closed 1 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Fast-Dry Courts 01/30/2023 09:16:00 Eastern 1400 NW 13TH AVE, Pompano Beach, FL, 33069 $189000.0000 0.0000 Bidding Document 129 130 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023-0 I "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract. ITEM ITEM EST. QTY UNIT TOTAL COST NO. DESCRIPTION 1-1 Perm it I LS $ 1,000.00 1-2 Mobilization I LS $ 7,000 .00 1-3 Clean Court Surface I LS $ 6,500.00 1-4 Temporary Remove 9' Tall 360 LF $ 500.00 Windscreens 1-5 Stor e & Reinstall Exist ing 9' Tall 360 LF $ 1,000.00 Windscreens* 1-6 Remove, Store, and Knuckle Chain 600 LF $ 5,000.00 Link Mesh to new Elevation 1-7 Remove and Dispose Court Lines, 3 EA $ 2,000.00 Nails , Center Anchors, and Nets 1-8 Remove and Dispose existing Net 6 EA $ 3,000 .00 Posts and Footers 1-9 Cap and Repos ition Net Post 6 EA $ 2,000.00 Irrigation lines 1-10 Regrade Base for I" in 30" slope I LS $ 7,000.00 22,000 SF (3 courts) 1-1 I New Perimeter Brick Line 600 LF $ 5,000.00 1-12 New Screening Base 2"-l /2" and I LS $ 130,000.00 Green Rock Har-Tru I" 22,000 SF 1-13 Net Posts, Footers, and Sleeves 6 EA $ 3,000.00 131 1-14 Reposition Net Post Irrigation lines 6 EA $ 2,000.00 1-15 Herringbone Linetape Sets Installed 3 EA $ 4,000.00 and Secured with Nails (usta specs) 1-16 External Wind Net Posts 3 EA $ 1,000.00 1-17 Streamliner Tennis Nets, Straps, 3 EA $ 1,000.00 Anchor Mates, and Locking Bands 1-18 All Waste Hauled Off Site and LS $ 8,000.00 ••• TOTAL BASE PROJECT: I I $ 189,000.00 I ADDITIONAL SERVICES 2-1 Furnish and Install 6" Dura Sloped LF $ 22,000.00 Trench Drain 180 9' Tall Custom Tenn-Air Pro 2-2 Windscreen with Vents & 580 LF $ 9,000 .00 Installation* 2-3 Monochrome Windscreen Logos 60 6 EA $ 5,500.00 SF TOTAL ADDITIONAL SERVICES: $ 36,500.00 TOTAL PROJECT COST WITH ADDITIONAL $ 22S,000.00 SERVICES: *lfitem #2-2 is selected, item #1-5 description and fee are null and void. SUBMITTED THIS 30th PROPOSAL SUBMITTED BY: Fa.st Dry Cou rts, Inc . Compa.ny Trimmer Dettor Name gf PeR;en Aut~o Submit Proposal ~ ~ Signature ._ President T it le DAY OF -----=J'-an_u_ar...:...y ____ 20_11_. (954) 979-31 I I Telephone Number (954) 978-8479 Fa.x Number trimmer @fast-dry.com Emai l Add r ess END OF SECTION 132 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the unders igned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she Is the DIRECTOR OF OPERATIONS , Lega l Notices of the Mia mi Da il y Business Review f/k/a Miami Review , of Miami-Dade County , Florida ; that the attached co py of advertisement , be ing a t.egal Advertisement of Notice in the matter of CITY OF SOUTH MI AM I • RFP #PR2023 • 01 in the XXXX Court , was published in a newspaper by print in the issue s of Miam i Daily Business Rev iew f/k/a Miam i Rev iew on 01/06 /2023 Affia nt furth er says l hat lh e newspaper compl ies with all lega l for publication in chapt er 50 , Florida Swo I ·g~L~ (S,AL) GUILLERMO GARCIA pers on ally known tn m <> ,,,,•:;,"•,.. BMBAAA T~OMAS j~'jr~ · ·\<!i!f\. Commission# HH 187 44 2 .... ·•-2 2025 l~:. ~,tf Exp!res .Novrier , ··t.-;,;,·;,~~---ao,md ~ru Troy Fain Insurance 800-38$-701 9 ........ CITY OF SOU T H M IAMI TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS RFP #PR2023 -01 SUBMITTAL DUE DATE: JANUARY 31, 2023 AT 10 AM The City is hereby requesting sealed proposals in response to th is RFP #PR2023-o1, TENNIS CLAY COURT REBUILDING & RESURFACING IMPROVEMENTS. Th e purpose of th is Soli c itation is to contract for the services necess ary fo r the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A & BJ and the plan s and/or specifications, if any, descri b ed in th is So li citation (herei nafter referred to as 't he Project" or 'Project '). Interested persons who wish to respond t o this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System IE-Bidding), To register as a business, go to httpsJ/network.demandstar.com/ Proposals must be rec ei ved electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on January 31, 2023 and any Proposa l received by the City through DemandStar after 10:00 a.m. loca l t ime on sa id date will not be accepted under any circumstanses . Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for th is solicitation will occur at 10:30 A.M. local time on (the Closing Dat e, January 31 , 2023. The City Clerk will conduct the E-Bid Opening through video conferencing usi ng the Zoom platform. Members of the public may view the meeting via Zoom at htt s://zoom.us/i/3056636339, or listen to the meeting on a ded icated phone line by diali ng + 1-786-635-1003 Meeting ID: 3056636339. 1/6 Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami 23-83/000063991 OM