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Res No 115-24-16220RESOLUTION NO. 11S-24-16220 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. TO REVISE AND UPDATE THE SUNSET DRIVE MODIFICATION LANDSCAPE DESIGN DRAWINGS DATED DECEMBER 11, 2019, RELATING TO LANDSCAPE IMPROVEMENTS TO THE SUNSET DRIVE MEDIAN FROM SW 62ND A VENUE TO SW 69TB A VENUE IN AN AMOUNT NOT TO EXCEED $18,075; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, on May 3, 2022, the City Commission of the City of South Miami (the "City,,) adopted Resolution No. 0S6-22-1S809, authorizing the City Manager to enter into a continuing professional services greement (the "Agreement,,) with Stantec Consulting Services, Inc., ("Consultant'') to provide general engineering services on as-needed basis (the "Services''); and WHEREAS, the City previously retained the Services of the Consultant to design and draft the SW1set Drive Modification Landscape Design Drawings dated December 11, 2019 (the "Plans"), relating to landscape improvements to the Sunset Drive median from SW 62nd Avenue to SW 69th Avenue (the "Project"); and WHEREAS, following a presentation by City Staff at the July z 2024, City Commission Meeting, the City Commission directed staff to revise and update the Plans for the Project; and WHEREAS, the City is in need of the Services for the preparation of revisions and updates to the Plans for the Project; and WHEREAS, in order to implement the Project, the City Commission desires to approve and authorize the City Manager to enter into the Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "At to provide the Services for the Project in an amount not to exceed $18,075 based on the terms of the Agreement and the Proposal, attached hereto as Exhibit "B,''; and WHEREAS, the cost of the Project will be funded from the Citywide Trust Replacement Fund Accowtt No. I 18-1750-519-3450, which has a current balance of $19,290, or such other funding source as determined by the City Manager to be in the best interest of the City; and WHEREAS, the City Commission fmds that this Resolution is in the best interest and welfare of the City. Res. No. l 15-24-16220 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. 1l1e above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Approval of Project Agreement. The City Commission hereby approves the Project Agreement attached hereto as Exhibit "A" and the Consultant's Proposal atlached hereto as Exhibit "B." Section 3. Authorization. The City Commission hereby authorizes the City Manager to execute the Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "A," for the provision of the Services for the Project in an amount not to exceed $18,075 based on the terms of the Agreement and the Proposal, attached hereto as Exhibit "B," subject to the final approval of the City Manager and City Attorney as to form, content, and legal sufficiency. The City Manager is further authorized to charge the costs of the Services for the Project to the Citywide Trust Replacement Fund Account No . l l 8-l 750-519-3450, which has a current balance of $19,290, or such other funding source as determined by U1e City Manager to be in the best interest of the City . Section 4. Implementation. The City Manager is authorized to take any and all actions necessary to implement the Project Agreement and the purposes of this Resolution. Section 5. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 6. adoption . Effective Date . This Resolution shall become effective immediately upon PASSED AND ADOPTED this 201" day of August , 2024. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALI1Y AND EXECUTION IBEREOF iii!~/~ SEROTf\FMAN COLE & BIERMAN, P.[. CITY ATTORNEY APPROVED: ~- MAYOR COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: Commissioner Corey: Page 2 o f2 4-0 Yea Absent Yea Yea Yea Agenda Item No:20. City Commission Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. TO REVISE AND UPDATE THE SUNSET DRIVE MODIFICATION LANDSCAPE DESIGN DRAWINGS DATED DECEMBER 11, 2019, RELATING TO LANDSCAPE IMPROVEMENTS TO THE SUNSET DRIVE MEDIAN FROM SW 62ND AVENUE TO SW 69TH AVENUE IN AN AMOUNT NOT TO EXCEED $18,075; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS & ENGINEERING DEPT.) Suggested Action: Attachments: Memo-LandRev_72_Stantec_8-8-24.docx 49E7100-Resolution Approving Sunset Drive Landscape Improvement Plan Revisions - Stantec Consulting.DOCX Exhibit A - Project Agreement - Stantec Consulting - Sunset Drive Landscape Imprvoements Revisions.DOCX Res No 056-22-15809.pdf Res No 116-20-15556.pdf Exh B Consultant propR.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: August 20, 2024 SUBJECT: Update to Landscape Plans previously designed on September 2019 by Stantec, along the Sunset Drive median from SW 62nd Avenue to SW 69th Avenue ($18,075) RECOMMENDATION:Approve the proposal and project work/purchase order with Stantec Consulting Services Inc., to provide design services to update the landscape plans previously designed on September 2019 by Stantec, along the Sunset Drive median from SW 62nd Avenue to SW 69 th Avenue. BACKGROUND:The 2019 Sunset Drive median landscape design drawings consisted of landscape improvements from SW 69th Ave to US-1 and roadway modification to the alignment along Sunset Drive from SW 62nd Ave to East of SW 61st Ct. The landscape improvements were comprised of species harmonization with the US-1 corridor and the removal of existing Black Olive Trees with new proposed trees and shrubs installation along the Median. On September 15, 2020, the Mayor & Commission adopted, Reso No. 116-20-15556 which authorized the Manager to enter into a contract with UAG Construction for the construction of the Option that only included the roadway modification/re-alignment and minor landscape improvement on Sunset Dr between SW 62nd Ave and SW 61st Ct. This project was completed in April 2021. Following a presentation by City staff at the July 2, 2024 City Commission meeting, the Mayor and Commission directed staff to update the 2019 landscape design along the Sunset Drive median from SW 62nd Avenue to SW 69th Avenue. As the next City’s rotation list consultant, Stantec Consulting Services Inc, was requested to provide a proposal for roadway crossing improvements. On August 1, 2024, Stantec Consulting Services Inc., submitted a revised proposal that is comprehensive and cost effective for the services requested. FUND &ACCOUNT:Amount not to exceed $ 18,075.Please refer to the consultant contract and fee schedule. The expenditure shall be charged $18,075 to Citywide Trust Replacement Fund account number 118-1750-519-3450 which has a balance of $19,290 prior to this request or other funding source as determined by the City Manager to be in the best interest of the City.2 SoutOOiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ATTACHMENTS: Resolution Resolution 056-22-15809 Resolution 116-20-15556 Revised Proposal –Stantec Consulting Services, Inc., dated 8/1/2024 3 THE CITY OF PLEASANT LIVING 1 of 1 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA And STANTEC CONSULTING SERVICES, INC. Project Name: Revisions and Updated to Landscape Improvements to the Sunset Drive median from SW 62nd Avenue to SW 69th Avenue Drawings 6 1 of 4 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA and STANTEC CONSULTING SERVICES, INC. Project Name: Revisions and Updated to Landscape Improvements to the Sunset Drive median from SW 62nd Avenue to SW 69th Avenue Drawings Subject to the provisions contained in the “Professional Services Agreement for Professional General Engineering and Architectural Services” (hereinafter referred to as the “Professional Services Agreement”) between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as “City”) and STANTEC CONSULTING SERVICES, INC.(hereinafter referred to as “Consultant”) dated May 3, 2022, which Professional Services Agreement was competitively procured through Request For Qualifications (RFQ) No. PW2022-03 in accordance with Section 287.955, Florida Statutes. This Project Agreement is made effective as of the day of , 2024, and authorizes the Consultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant shall provide professional general engineering services (the “Services”) for the Project in accordance with the terms and conditions of the Agreement and shall complete the tasks that are identified and described in the Project Proposal attached hereto as Exhibit “1” (the “Proposal”) for the City. 1.2 The City may request changes that would increase, decrease, or otherwise modify the scope of services outlined under the Proposal attached hereto as Exhibit “1.” Such changes must be contained in a written change order executed by the parties in accordance with the provisions of the Agreement, prior to any deviation from the terms of this Project Agreement, including the initiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the City with the Deliverables identified in the Proposal attached hereto as Exhibit “1.” SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE 3.1 Term. This Project Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6 herein or until the Services are completed in accordance with other applicable provisions of the Agreement. The City Manager, in his sole discretion, may extend the term of this Project Agreement through written notification to the Consultant. Such extension shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by the City Manager. 3.2 Commencement. Services provided by the Consultant under this Project Agreement and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. 7 2 of 4 Consultant must receive written notice from the City Manager prior to the beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the Services for the Project to the City on the Commencement Date, and shall continuously perform the Services for the Project to the City, without interruption, in accordance with the time frames set forth in the Proposal attached and incorporated into this Project Agreement as Exhibit “1”. The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Project Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services for the Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of $18,075 for the provision of the Services for the Project. 4.2 Reimbursable Expenses. All reimbursable expenses are included in the total compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices 5.1.1.Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit “1” and made part of this Project Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2.Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City’s notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise 8 3 of 4 due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the cause thereof, is corrected to the City’s reasonable satisfaction. 5.4 [INTENTIONALLY OMITTED] 5.5 Final Payment. Submission to the Consultant’s invoice for final payment and reimbursement shall constitute the Consultant’s representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Agreement may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Agreement may be terminated by the City for convenience upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consultant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Agreement. Upon the City’s request, the Consultant shall additionally assign its rights, title and interest under any subcontractor’s agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant’s reasonable cost, actually incurred and paid, of demobilization and remobilization. 9 4 of 4 Section 7. American Rescue Plan Act Contract Conditions. 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: . [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 10 1 of 1 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of the day and year as first stated above. CITY: ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a Florida Municipal Corporation By: CITY CLERK Genaro “Chip” Iglesias, City Manager Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CONSULTANT: STANTEC CONSULTING SERVICES, INC. By: Name: Title: Date: WITNESSES: Print Name: Print Name: 11 EXHIBIT “1” PROJECT PROPOSAL 12 13 RESOLUTION NO.: 056-22-15809 A Resolution authorizing the City Manager negotiate and execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis. WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering and architectural services on an as needed basis and on a rotation basis ; and WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on a rotational and as needed basis; and WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of the process required by the CCNA; and WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and Stantec Consulting Services Inc., at 2.33; and WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service agreement; and WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5) consecutive years. The expenditures related this contract will be charged to the Capital Improvements Program Accounts on an as needed basis. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to negotiate and execute a non-exclusive multi- year contract with the firms selected for professional surveying, studies, engineering, and architectural services for construction projects in accordance with Section 287 .055, "Consultants Competitive Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of Page 1 of 2 14 Res. No. 056-22-15809 a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures rela t ed these contracts will be charged to the Capital Improvements Program Accounts. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shal l become effective immediately upon adoption. PASSED AND ADOPTED this 3rd day of May, 2022. READ AND APPROV ED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION Page 2 of 2 APPROVED: COMMISSION VOTE: Mayor Philips: 5-0 Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman : Yea Commiss i oner Corey: Yea 15 RESOLUTION NO.: 116-20-15556 A Resolution authorlzlna the City Manaaer to negotiate and enter Into a contract with UAG Construction LLC., for the Sunset Drive median landscape Improvements from SW 69th Avenue to US-1 and roadway modification to the allpment along Sunset Drive from SW 62nd Avenue to East of SW 61st Court. WHEREAS, the City Mayor and Commission desires to provide landscape improvements on Sunset Drive between SW 69th Avenue and US-1 similar to the existing landscaping within the City limits along US-1 and modify the roadway alignment along Sunset Drive from SW 62nc1 Avenue to East of SW 61st Court; and WHEREAS, the City Commission budgeted for this project In the capital Improvement Program 5-Year Plan;and WHEREAS, the City Issued a work order to a professional engineering firm selected during the CCNA process to design and developed construction drawings; and WHEREAS, design and construction documents were developed and approved by City Staff and Miami- Dade County Department of Transportation and Public Works; and WHEREAS, to provide options for the City Commission to consider, the City's solicitation required respondents to provide prices for different sections of the project; and WHEREAS, option A consists of roadway modification/alignment and landscape improvement on Sunset Drive between US-1 and SW 62nd Avenue. Option B consists of landscape improvements on Sunset Drive between SW 62nd Avenue and SW 69th Avenue and the third Option C is the completion of the entire project, Option A and Option B; and WHEREAS, the City received a total of five (5) proposals in response to a construction solicitation; and WHEREAS, two of the five proposals received were Incomplete and removed from further consideration; and WHEREAS, the City reserves the right to award the project to a single respondent for each option. Option A, Option B, or Option C. Also, one respondent may be awarded one Option and another Respondent may be awarded another Option; and WHEREAS, the City recommends UAG Construction LLC for all three options for an amount up to $482,895 which Includes a five percent (59') contingency for unknown factors that may arise during the work; and WHEREAS, the Mayor and Commission desire to authorize the City Manager at her discretion to allow work on Saturdays; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter Into a contract with UAG Construction LLC., for the median landscape Improvements on Sunset Drive between SW &9th Avenue and US-1 and roadway modifications along Sunset Drive from SW 62nd Avenue to East of SW 61 st Court for an amount up to $482,895 which Includes a five percent (59') for contingency for unknown factors that may arise during the work WHEREAS, the expenses shall be charged $200,000 to the to the capital Improvement Program Fund Page 1 of 2 16 Res. No. 116-20-15556 account number 301-1730-541-6450, $150,000 to the Local Option Gas Tax Trust Fund account number 112-1730- 541-6210, and $133,000 to the Capital Improvement Program Fund account number 301-1790-519-6450. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with UAG Construction LLC., for the Sunset Drive median landscape improvements from SW 69th Avenue to US-1 and roadway modification to the alignment along Sunset Drive from SW 62nd Avenue to East of SW 61st Court for an amount up to $482,895 and a five percent (5%) for contingency for unknown factors that may arise during the work. A copy of the approved form of contract is attached. The expenditure shall be charged $200,000 to the to the Capital Improvement Program Fund account number 301-1730-541-6450, $150,000 to the Local Option Gas Tax Trust Fund account number 112-1730-541-6210, and $133,000 to the Capital Improvement Program Fund account number 301-1790-519-6450. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severabillty. 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 validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 15th day of September. 2020. ATTEST: f\)' ~ CITY t&ffKt READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AN EXECUTION THE~ APPRO ED: , 1/,u!!4 /3 ,;:;iL d ef-_,,, /MAYOR 7 / COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: Page 2 of 2 5-0 Yea Yea Yea Yea Yea 17 City Commission Agenda Item Report Meeting Date: September 15 , 2020 Submitted by : Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section : Subject: Agenda Item No:2. A Resolution authorizing the City Manager to negotiate and enter into a contract with UAG Construction LLC., for the Sunset Drive median landscape improvements from SW 69th Avenue to US-1 and roadway modification to the alignment along Sunset Drive from SW 62nd Avenue to East of SW 61 st Court. 3/5 City Manager-Public Works & Engineering) Suggested Action: Attachments : Memo Const Award Sunset btwn 69av to usl (9 -10-20)PWD -Final.docx Reso_Const_Award _for _Su nset_btwn_69av _to_us1_9-10-20_PWD-Fi nal ( 1).docx RFP v3 FINAL Sunset Drive Modifi cations6.30 .20CArevPWD .pdf Sunset Drive Modifications_Complete Set_20200624.pdf UAG CONSTRUCTION Bidding Document (26}.PDF Pre-Bid Meeting RFP PW2020-19 8 . 25 . 20 . pdf DEMAND STAR RFP PW2020-19 .pdf SUN BIZ UAG CONSTRUCTION 9.3.20 .pdf 2020 .08.20 Miami Daily Business Review RFP #PW2020 -19 .pdf 1 18 T E :1TY OF PLEASANT LIVI 'G To: FR OM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Shari Kamali, City Manager September 15, 2020 A Resolution authorizing the City Manager to negotiate and enter into a contract with UAG Construction LLC., for the Sunset Drive median landscape improvements from SW 69 th Avenue to US-1 and roadway modification to the alignment along Sunset Drive from SW 62 nd Avenue to East of SW 61 st Court . In an effort to provide options for the City Commission to consider, the City's solicitation required respondents to provide prices for different sections of the project as detailed below: ■ Op t ion A consists of roadway modification/re-alignment and minor landscape improvement on Sunset Drive between US-1 and SW 62 nd Avenue . ■ Op t ion B consists of landscape improvements on Sunset Drive median between SW 62 nd Avenue and SW 69 t h Avenue and the third ■ Op t ion C is the completion of the entire project, Option A and Option B. The City issued a work order to a professional engineering firm selected during the CCNA process to design and developed construction drawings. The design and construction documents were approved by City Staff and Miami-Dade County Department of Transportation and Public Works. The City received a total of five (5) proposals in response to a solicitation. Two of the five proposals received were incomplete and removed from further consideration. Pursuant to review, it was determined that UAG Construction LLC., is the most responsive and responsible bidder for this proposal. The City reserves the right to award the project to a single respondent for each option. Option A, Option B, or Option C. Also, one respondent may be awarded one Option and another Respondent may be awarded another Option. The City recommends UAG Construction LLC for all three options. Below please find the Qualified Proposals Received as part of the solicitation: 19 THE CITY OF PLEASANT LIVI 'G AMOUNT: Contractor CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Bid Price Option A Bid Price Option B UAG Construction LLC $183 ,500.98 $276 ,399.52 C & I Construction $2 28,440.00 $352,337 .00 Visua l Scape NO BID $5 46,698 .90 Bi d Pr ice Option C $459,900.50 $580,777.00 NO BID A contingency amount of five percent (5 %) will be included over the proposal amount of $459,900 .52 to address for unknown factors that may ar ise during the work. Amoun t up t o$ 482,895 which includes a five pe rcent (5 %) for cont i ngency . FUND & AccouNT: The expenditure shall be charged $200,000 to the to the Capital Improvement Program Fund account number 301 -1730 -541-6450, $150,000 t o the Loca l Opt ion Gas Ta x Trust Fund account number 112-1730-541 -6210, and $133 ,000 to the Capital Improvement Program Fund account number 301 -1790-519-6450. ATTACHMENTS: Resolution RFP PW2020-19 Construction Documents with Exh i bits Design Plans UAG Cons t ruct ion LLC., Proposal Virtual Pre-bid Sign i n sheet Demand Star Results Sun Bi z, UAG Construction LLC ORB Advertisement 3 20 Tl 11 (ITY OF Pl f ,\ M, 1 LIVll'.G CITY OF SOUTH MIAMI SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 SUBMITTAL DUE DATE: September 3, 2020 at 10 AM Solicitation Cover Letter The City of South Mia mi, Florida (hereinafter referred co as "Owner") through its ch ief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in chis Solicitation (also referred to as an "Invitation for Proposals" or "In vitation to Bid) to "City" w ill be a reference to the City Manage r, or the manager's designee , for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the C ity of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW2020-19 "SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS" project. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT I, Attachments A, B, & C) and Respondent's Cost and Technical Proposal , or the plans and/or specifications, if any, described in this So li citat ion (hereinafter referred to as "the Project" or "Project"). Inte r ested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http:l/www.southmiamifl.gov/ which is the City of South Miam i's web address for solicitation information . Proposals are sub ject to the Standard Terms a nd Conditions contained in the complete Solic itation Package, including all documents listed in the Solicitation . The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no late r than I 0:00 A.M. local time (the "Closing Date") on September 3, 2020 and any Proposal received by the City through DemandStar after I 0:00 a.m . local time on said date w ill not be accepted under any circumstances . Hand delivery will not be accepted. BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at I 0:30 A.M. local time on (the Closing Date, September 3, 2020. The City Clerk will conduct the Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom .us /j/30 56636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339 . NON-MANDATORY PRE-BID MEETING VIA VIDEO CONFERENCING A Non-Mandatory Pre-Bid meeting will be conducted through video conferencing on August 25, 2020 at I 0:00 AM using the Zoom platform. Interested parties who are considering attending the Pre-Bid meeting, must identify your Company Name in the "Participants List" on the Zoom platform. The meeting will be held regardless of weather conditions. After the meeting , an email will be sent, confirming your attendance, to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov Members of the public may view the meeting via Zoom at https://zoom .us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339 . The City reserves the right to award the Project to the person with the lo west, most responsive, responsible Proposal , as determined by the City, subject to the right of the C ity, or the City Commission, to reject any and all proposals, and the right of the City to wa ive any irregularity in the Proposals or Solicitation procedure and subject also to the r ight of the City co award the Project, and Et~94se a contract with a Respondent or Respondents, other 6 21 than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. lof 118 Nkenga A. Payne, CMC City Clerk City of South Miami 7 22 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. ,------------------------------------'""' DemandS t ar is comm itted to help i ng all governme nt agencies source qualified suppliers for COVID -19 eme rgen cy respo nse. Governments If you are a gove rn men t agency w ho need s Ebid ding capa b ili t y t o rece ive supp li er respo nses onli ne, please fill out thi s form and we will ge t bac k t o you immedia t ely. Ebi dd i ng is o f fered at no cha rge t o gov ern ments . Broadcast Bids on Demandstar Suppliers If yo u are a bus ines s wh o ca n help respon d to t he man y eme rgency respo nse bi ds on t he De mandS tar net work, pl eas e cl ick here to create your account and ge t not ifie d of bid di ng opp ortu nit ies. create Your Account ~:~ DEMANOSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. 3 of 118 8 23 SCOPE OF SERVICES and SCHEDULE OF VALUES SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENTS A. B & C. END OF SECTION 4of 118 24 No I 2 3 4 5 6 7 SCHEDULE OF EVENTS SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATI ONS RFP #PW2020-19 Event Date* Advertisement/ Distribution of Solicitation & Cone of Silence begins 8/14/2020 NON-MANDATORY Pre-RFP Meeting: Mandatory Pre-RFP meeting will be conducted through video conferencing using the Zoom platform. Interested parties who are considering submitting a proposal, must identify your Company Name in the "Participants List" on the Zoom platform. After the meeting , an email w ill be sent, confirming your attendance, to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339 . 8/25/2020 Deadline to Submit Questions 8/28/2020 Deadline to Ciry Responses to Questions 8/31/2020 Deadline to Submit RFP Response: The C ity will only r eceive subm ittals electronically through the DemandStar Electronic Bid System (E- Bidding). To register as a business , go to httos://network.demandstar.com/ 9/3/2020 BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https ://zoom .us/j/30 56636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786 -635-1003 Meeting ID: 3056636339 . 9/3/2020 Projected Announcement of selected Contra ctor/Cone of Silence ends 9/15/2020 END OF SECTION 5 o fl 18 Time* (EST) 10:00 AM 10:00 AM 10:00 AM 10:00 AM 10:00AM 10:30 AM 7:00 PM 10 25 INSTRUCTIONS for RESPONDENT SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 I T IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT TH E RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE ''PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. I . Purpose of Sol i citation. The C i ty o f South Miami i s requesting proposals for the lowest and most responsive price for the Project. T he Ci t y reserves the right to award the contract to the Respondent whose proposal is found co be in the best interests of t he City. 2 . Qual ifi cation of Proposing Fi r m . Re sp onse submictals to th i s So l icitation will be considered from firms normally engaged in providing the services r equested . The proposing firm muse demonstrate adequate experience, organization , offices, equ i pment an d p ersonnel to ensure pr ompt and efficient service co the C ity of South Miami. The C ity reserves t he right, before recommending any award, to inspec t the offices and organization or to take any other action necessary to determin e ability to perform in accordance w i th the specifications, terms and cond it ions. The City of South Mia mi will determine whether the evi dence of ability to perform is satisfactory and r eserv es the right to re ject all response submittals to this Solicitati on where evidence submitted , or investigation and eva l uation , indicates inab i lity of a firm to perform. 3. Deviat i ons from Specific ations. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully com ply w ith the requirements of this Sol i citation . The decision as to whether an item fully complies with the seated r equirements r ests solely with the City of South Miami. 4. Designate d Contact. T h e award ed firm must appoint a person to act as a primary contact with the City of South Miami. Th is person o r bac k-up must be readily ava ila ble during no rmal work hours by phone. email , or in person, and must be knowl edgeabl e of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtu e of submitting a response, agrees chat City's General Provis ions, Terms and Conditions herei n will take precedence ove r any terms and conditions submitted with the r esponse , either appear i ng sep arately as an attachment or included within the Pr oposal. The Contract Documents have been listed be l ow in order of precedence, with t he one having the most precedence being at the top of the list and th e remaini ng documents in descending order of precedence. This order of precedence w i ll apply, unless clearly contrary t o the specific terms of the Contract or General Conditions to the Contract: a) Addend a to Solicitati on b) Attachments/Exhibits to t he Solic itation c) Solicitation d) Attachment/Exhibits to Sup plementary Conditions e) Supplementary Conditions to Co ntract. if any f) Attachment/Exhib its co C o ntract g) Contract h) General Conditions co C o ntra ct, if any i) Respondent's Proposa l 6. Response Withdrawal. After Pr o pos al s are opened, corrections or modifications to Proposals are not perm i tted , but the City may allow the proposing firm to withdraw an erroneous Proposal prior co the confirmation of the proposal award by City Commission, if all of th e following is established : a) The proposing firm acted i n good faith in submitting the response: b) The error was not the result of gross negligence or willful in attention on the part of the firm; c) T he error was discovered and commun i cated to the City with i n twenty-four (24) hours (not including Saturday, Sunday or a leg al holi day) of opening the proposals received, along with a request for permission to w ithdraw the firm's Proposal ; and d) The firm subm its an explanation in writing, signed under penalties of perjury, stating how the error was m ade and delivers ade qu ate documentation to the City to support the explanation and to show that the error was not th e result of gross negligence or w i llful inattention nor made in bad faith. 7. T he terms, provisions, cond itions and defi nitions co nta i ned in the Solicitation Cover Letter will apply co these instructions to Respond ents and they are he reby adopted and made a part hereof by reference . If there is a confl ict between the Cover Letter an d these instructions, or any other provision of this Solicitation, the Cover Letter w i ll govern and take precede nce over the conflicting pr ovisi on(s) in the Solicitation . 8. A ny q uestions conce rni ng t he Sol icitat ion or any required need for clarification must be made in writing, by I 0 AM, August 28, 2020 to the attenti on o f Steven P. Kulick, Chief Procurement Officer at skul i ck@southmiamifl .gov or v ia facsimile at (305) 669-2636. 6 of 118 11 26 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. I 0. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section SA-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section SA-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section SA-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section SA-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bjlijpf\fY such modified documents. 12 27 h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. I 5. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten, or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Ucenses held by Respondent f) Certificate of Insurance and/or Letter of lnsurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten ( I 0) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening. they must be delivered within ten ( I 0) calendar days of the request. The City will not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the SfSfiqi regulation which required an alteration. The City of 28 South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a period of one hundred eighty ( 180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability. Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20. Respondent must comply with the City's insurance requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract. or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding. if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of State, and/or local governments in Florida. or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: All Respondents must hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party will recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court 9 of 118 14 29 costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those costs and any balance will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of I 00% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent ( I 00%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance 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. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. 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 S70, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten ( I 0) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exiSt, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent. following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entided to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of t~0 f19gtract Documents, including the Proposal Form. No 1f 30 change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's Bid Form found on EXHIBIT 3 and a Respondent's Cost and Technical Proposal found on EXHIBIT 4. 33. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 36. Bid Protest Procedure. See attached EXHIBIT 10 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as NIA. 38. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s}. 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document}. The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose rPit<l~§aid purported confidential information or documents, 16 31 the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying'' and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie Bids. In the event of tie bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting. usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re-advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager. 47. Force majeure. 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. END OF SECTION 12of 118 17 32 CONE OF SILENCE ORDINANCE, SECTION SA-7 SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PWl0l0-19 Chapter SA of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section SA-7 which is to read as follows: Sec. BA-7. Cone of Silence: (A) Definitions. (I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP''), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultanu involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requiremenu of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (I) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113: 13 of 118 18 33 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; ( I 0) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14of 118 34 PROPOSAL SUBMITTAL CHECKLIST FORM SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-l 9 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadl i ne set for within the sol i citation. Fulfillment of all solicitation requirements listed is mandatory for cons i derati on o f response to the sol icitation. Additional documents may be required and , if so, they will be identified in an addendum to this Solicitati on. The response must include the following items: X X X X X ---- X X X X X X X X X X Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. The City will only receive submittals onl i ne and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to htcps://necwo rk.demandstar .com/ The City, at its disc retion, may request hard copies of proposals rece i ved from a specific Respondent or all Respondents . Indemnification and Insu ran ce Documents EXHIBIT 2 Respondents Bid Form. EXHIBIT 3 Respondents Cose & Technical Proposal, EXHIBIT 4 Signed Contract Documents (All -including General Conditions and Supplementary Conditions if attached) EXHIBIT 5, 6 & 7 Performance and Payment Bonds (As a Condition Award. Not required with Submittal.) EXHIBIT 8 & 9 Respondents Qualifi cation Statement List of Proposed Subcontractors and Principal Suppliers Non-Collusion Affidavit Public Ent ity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal & State Vendor Listings Related Party Transaction Verificati on Form Presentation Team Declaration/Affidavit of Representation Submit this checkl ist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 118 20 35 RESPONDENT QUALIFICATION STATEMENT SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 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 10 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: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: 16 of 118 36 Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17of 118 22 37 3. Current workload Project Name Owner Name Telephone Number Contract Price 4 . T he following i nformati on mus t be attached to the proposal. a) RESPONDENT's ho me office organization chart. b) RESPONDENT's pr oposed project organization al chart. c) Resumes of proposed key pr oject personnel , including on-site Superintendent. 5. List and describe any: a) Bankruptcy petiti o ns filed by or aga inst the Respondent or any predecessor organizations , b) Any arbitration o r civil or criminal proceedings , or Suspension of co ntracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References : List other Government Agenc ies or Quasi-Government Agencies fo r which you have done business within t he past five (5) years . Name of Agency: Address : Telephone No.: Contact Pe r son : Type of Project: 38 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 118 24 39 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW1020-19 Respondent must list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Class1ficat1011 of Work Subcontt·actor Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the Oty of South Miami and in response to this RFP. END OF SECTION 20 or 118 40 EXHIBIT 5 CONSTRUCTION' CONTRACT SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PWl0l0-19 THIS CONTRACT was made and entered into on this __ 3rd __ day of September, 2020, by and between UAG Construction, LLC (hereafter referred to as "Contractor"), and the City of South Miami (hereafter referred to as "Owner'), through its City Manager (hereafter referred to as "City"). Contractor, for the consideration set herein, hereby agrees with Owner as follows: I. Contractor must furnish all labor, materials, equipment, machinery, 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 hereinafter referred to as the Work. 2. The Contract Documents must include this Contract. General Conditions to the Contract. if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract 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. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract. subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: One Hundred ThirtJ Eight Thousand One Hundred and Eight-four and Ninety-Eight Cents Dollars CS 138.184.98) (SpcD Dollar Amount above) ("Contract Price"). 5. The expenses of performing Work after regular working hours. and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, 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 and the acceptance of such Work by Owner. 8. The Work must be completed in: Option A: 60 calendar days: Option B: 60 calendar days; Option C: 120 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of Option A; S 1,250 dollars per day: Option B: S 1,250 per day: Option C; Sl,500.00 dollars per day. 9. It is further 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 Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon 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 subcontractors and suppliers, Contractor must, at its expense within 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 41 such Surety or Sureties as are satisfactory co the City. In such event, no further payment to Contractor will be deemed to be due under chis Contract until such new or additional security for the faithful performance of the Work i s furnished in the manner and in the form satisfactory to the City. I 0. 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 che City and in accordance with the Contract Documents. I I. The dace 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 Dace is the dace of the resolution approving the Contract whichever is the lacer dace. I N W ITNESS W HEREOF, the parties hereto have executed chis Contract on che day and dace sec forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the ocher counterpart, be deemed an or-iginal Contract. CONTRACTOR: UAG Construction LLC Signacure: --~9::Y\=,c~~--=02->.,g~-.,,.,Jh~,.....---."'-,..,,.....,"-+---~ _, //) Prine Signatory's Name: __ A_n_d_y_O_ia_z __________ _ Title of Signaco,y: _R_'e_p_r_e_se_n_t_al_iv_·e _________ _ ATTESTED: S;gaatoce fJ ~~ Nk ga A. ayne City Clerk OWNER, c ,~y,AMI n ' Signature: ~ Shari Kamali City Manager Read and Approved as co Form, Language, Legal ity, and Execution Thereof: S;gao<o~~ ~~rn ey /~ 85 of 118 42 IEXHBBIT 6 CONSTRUCT-ION CONTRACT GENERAL CONDITIONS SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 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 refers 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 co 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 (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. fild; 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. Bonds: 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. City: 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. Cit;y Manager: Includes the City Manager's designee. Construction Observer: An authorized representative of CONSUL TANT. if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR wi!L b_e_nm:ified. 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 Documen~ 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 co 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. CONSULT ANT: The person identified as CONSUL TANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. Day: A period of twenty-four hours measured from the beginning of the day at I 2:0 I a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Days: 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 allowed by the Contract Documents, the day of the acgl(, 6"'A%t or default from which the designated period of time 43 begins to run will not be included. The lase 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 co 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 --------=p-=er=m=1t"'ted...,.oy the Contract Documents. Drawings: The drawings which show the character and Scope of the Work co be performed and which have been prepared or approved by CONSUL TANT, 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 CONSUL TANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2 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 co the Contract Documents and includes w_ork chat 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 co 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 co be fulfilled by it within the time specified, City Manager will execute and deliver che Contract to him. Notice to Proceed: A written notice given by City Manager co CONTRACTOR (with copy co CONSULTANT) fixing the date on which the Contract Time will commence co run and on which CONTRACTOR muse scare to periorm its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire conscruccion operation being performed as delineated in che Contract Documents. Policy: 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 co 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 <;:O~JRACTQR, 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 ocher Subcontractor for the performance of a part of che Work at the construction site. Substantial Completion: The date, as certified by CONSUL TANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so chat the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation co 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 co 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 CONSUL TANT, 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. Supplier: 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 sit,trPbf Pis Work. 44 Surecy: The individual or entity who is an obliger 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. Work: 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 Award: 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. Execution 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 Securicy/Performance and Payment Bond. if any are required by the a[;!plicable 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 chis 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( I}, 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. 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. 88 of 118 45 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 Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having famillarized 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 ob_se_rv_a_ti_o_n_s_w_ith_,t_h_e ________ _ -----------"r_e_q-ui,...r-em_e_n_ts_o-,f 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 pare 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 muse at once report in writing to CONSUL TANT 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 co discover any conflict. error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled 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 muse submit to CONSULTANT 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. CONSUL TANT 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 execui:ed 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 ocher 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, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Oualifications 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 CONSULTANT for acceptance a list of the names of Subcontractors and such ocher 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 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 CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSUL TANT to make objection co any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an accepta~~p/ ,%1.Jch Subcontraccor, person or 46 organization. Acceptance of any such Subcontractor. person or organization will not constitute a waiver of any right of OWNER or CONSULT ANT to reject defective Work, material or equipment, or any Work. material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City.Manager or CONSULTANT 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 otche 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 CONSUL TANT'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 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 ocher applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSUL TANT 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 CONSUL TANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, muse 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 "equivalent", 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 produce 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 items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or ocher identification, is used without the phrase "or equal", CONTRACTOR muse 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 €l:QN513JLT ANT as set forth in Section 9.3 below. 47 3.11 CONTRACTOR must advise CONSULT ANT, prior to performing any work involving a conflict in the Contract Documents and CONSULT ANT 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. CONSULT ANT muse 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·conalfions, 1f any (d) Contract with all Exhibits thereto (e) General Conditions Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (Q (g) (h) (i) (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4-AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability 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 CONTRACTOR. CONTRACTOR muse provide for all additional lands and access thereto chat 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 co bidding and satisfied himself as to the conditions affecting the Work, including but not limited to chose 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/ CONSULT ANT 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/ CONSUL TANT. Differing Site Conditions: 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 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. 91 ofl 18 48 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 CONSUL TANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ~u2ervision and Sup~rintend~11ce: 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 CONSULTANT 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 ~~ • . 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 che applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work. Materials, Equipment, Produces and Substitutions: 6.6 Materials, equipment and products incorporated in che 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 acceptability 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 equal" equipment will be approved until this list has been received and approved by CONSULT ANT. 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 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 co in the Contract Documents by reference co brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function co that specified, CONSULT ANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the 92of 118 49 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 CONSULTANT 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 Pro1ect. Allsucli Work must be done at the expense of CONTRACTOR. 6.6.5 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 title 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 uninscalled within fiye (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods leK 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 co 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 ocher 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 CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be 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 chem may be liable to the same extent that they are responsible for the acts and omissiqns of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship betvveen()_V\/_Nl=_R 9r C:Ql\l~ULTANT 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 CONSULT ANT 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 specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor co the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor muse be pursuant co an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative co the Work appropriate provisions co 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 '½'Ji,ri ilPY provisions of the Contract Documents. 50 6.12.2 The City Manager or CONSUL TANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves co be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.I2A 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 subcontractors contract w1tnCONTRACTOR-:----- 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 CONSUL TANT promptWritten 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 CONSULTANT, 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. Taxes: 6.18 Cost of all ap'plicable 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 be 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: 6.19.1 All employees and other persons, wh~4'6fo/1~e affected thereby, 51 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. 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 CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSUL TANT 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. Shoi;, 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 CONSULTANT 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 CONSULT ANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT 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 compliarice 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 CONSUL TANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S scamp 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 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 CONSUL TANT. 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 CONSUL TANT'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 CONSULTA~sfbi~1~riting, to each deviation at the time of submission 52 and CONSULT ANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSUL TANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Un; 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work ----------pr-egr-esser.-1.Jpen-cempletion-of-theWork;--and-before,1cceptance-0Hinat---payment-forthe-Projettllf- 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 co its occupancy and he muse 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 Safet;y: 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 Closed" signs muse 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 Deparcmenc, before the street is closed and again as soon as it is opened. Access to fire hydrants and ocher fire extinguishing equipment muse be provided and maintained at all times. Sanitary 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 muse 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 muse 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 che City Manager, muse 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 co provide for such defense, at OWNER'S option, any and all daims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT. excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULT ANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend co 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 CONSUL TANT, 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 pare. Indemnification may not exceed an amount equal co 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 ace, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees co 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. 96ofllB 53 Responsibility 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 ocher construction or installations in righcs-of- ways of streets, highways, public carrier lines, utility lines, either aerial, suriace 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 ---------W-ork;-E0N-T-RAeT-0R7Tltlsrpresenno-CONSl:lt'fAN'f-certifltaces;-·11n:rlpllnte-;irl:mn:h"e151"01>el" ------ 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 CONSULTANT 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 Project. Cooperation with Governmental Dei;iartments. 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 co 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 CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay 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 CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 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 vehicles 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 CONSUL TANT. All such facilities muse be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Propercy Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures {including portions chereof)rPof~fa'lnd shrubbery, not indicated on the Drawings or noted 54 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 co CONSULTANT 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 CONSULTANT 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 co 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 entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, CONTRACTOR muse build around the work of other separate contractors or must leave chases, sloes and holes as required to receive and co conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, sloes, etc., are impracticable, the Work will require specific approval of CONSUL TANT. 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 ocher Contractors for the best interest of the Work in order co 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 CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of ocher 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. 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, co 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 co CONTRACTOR through CONSULTANT. 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 CONSULTANT. 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 chat 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. 98of 118 55 ARTICLE 9-CONSULTANTS' STATUS DURING CONSTRUCTION. Cicy's Representative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties an.d responsibilities and the limitations of authority of CONSULTANT 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 CONSULTANT. 9.1.1 CONSUL TANrs decisio.n, in matters relating to aesthetics, will be final. if within the terms of the Contract Documents. 9.1.2 Except as may be oth~rwise provided in this contract, all claims, counterclaims. disputes and ocher matters in question between dWl\!Eff ancfC::bNSU[TAN'rarising 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 co Site: 9 .2 CONSULT ANT 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. Clarifications and Interpretations: 9.3 CONSULTANT 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 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT 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 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" 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 CONSUL TANT requires testing of completed Work. the cost of such inspections and/or testing must be approved in writing by the City Manager. All conse_quencial 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 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 CONSULTANT's responsibility for Change Orders see Articles 10, 11, 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 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 99ofll8 56 9.12 CONSULT ANT will not be responsible for the aces 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 IO • 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 __________ a_u_,..t ... ho-r~,z_e_d,...w~ri_tt_e_n...,C ... h_a_n-ge....,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 CONSULTANT 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 CONSULT ANT 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 CONSUL TANT 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. 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: I 1.2 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): I 1.2.2 Method or manner of performance of the Work. I 1.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or I 1.2.4 Acceleration in the performance of the Work. I 1.3 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 CONSUL TANT 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 100of1l8 57 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 CONSULTANT, it must, within ten ( I 0) calendar days aher receipt of a written Change Order, submit to the City Manager and CONSUL TANT 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 11.7 and I 1.8. . I 1.6 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·paymenc-undenhis·Eontra . -·--···-·--·-------- 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: I 1.7.1 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 co cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT's determination of reasonable coses, 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 co 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: 11.8.1 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 aher 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 chose acting by or through him or due in whole or in pare co 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 materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so chat they may be obtained. 11.8.3 Payments made by CONTRACTOR co 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 wilt then determine, with the advice of CONSULT ANT, 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 co be paid on the basis of Cose of Work plus a fee, the cost of the Work will be determined in accordance this section I 1.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the pares 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 pares 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. 101 or 118 58 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. I 1.8.8 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 armership-.md·sote·proprietorships)~gEm·eraf·mana-g~r,errgltre-err.arc:h1t-e~tS.-estimators-;-·rawyers, 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 coses of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. I 1.10 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. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.11 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 lose profits for any Work not performed. ARTICLE 12 • TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THI; 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. 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 penalcies but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages chat 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 unden:il?hls i<rs>ntract. 59 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 (5) 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 CONSULT ANT. 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. 12.5 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 entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct. indirect, consequential, impact or other coses. 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 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 ( I 0) calendar days aKer 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 13.3 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will cake precedence over Section 13.1. 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. 103 of 118 60 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. 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 CONSUL TANT 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 scored 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 100% 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. CONSULTANT 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 co CONTRACTOR, indicating in writing his 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 co it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of che approved partial payment estimate. City Manager may retain ten ( 10%) 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 co the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, muse deliver co 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 r·equired to render complete, satisfactory, and acceptable the construction services purchased by che 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 che 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, Fla. 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 co CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 104 ol 118 61 14.3 CONTRACTOR warrants and guarantees that title 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 "Liens"); 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 CONSULTANTs approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANTs 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 qualicy 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 CONSULTANT 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 title to any Work. materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled 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, ocher 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 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 Subcontract:or 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 CONSULTANT 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 subsequently 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 Work, 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 Liens have been filed 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, 14.6.5 OWNER has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure co 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 COf'tl.fi),<}fsTOR, or 62 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 responsibility 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, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security 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 in to 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, 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 CONSULTANT 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 subsequently discovered evider.1ce 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 Liens 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 wou Id 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"} by CONSULTANT, 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 IS -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 Anr:i&Wlf I tl3 63 Cicy 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 CONSULTANT, 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 eq_uipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled co 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 CONSULTANT 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 15.5 15.3 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. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULT ANT, 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. I5.4A 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. Removal of Equipment • 15.5 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 pare 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 15.6 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 fai Is to ace on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSUL TANT, 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. 107 of 118 64 I 5.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSUL TANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule Of! 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 CONSULTANrs request. agrees to provide CONSULT ANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Anal Completion, certifies an event of default. or approves any action which requires the approval of CONSULTANT. ARTICLE 16 -MISCELLANEOUS, 16.1 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. 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 18 -ATTORNEYS FEES IURISDICTION I VENUE I 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 I 9 -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 al"!d 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.119.070 I) 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 req.-ti/11cpan the public agency's custodian of public records, 65 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. 20.1 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 co 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 responsibilities. 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 ocher 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 chis purpose, such aces 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 109ofl18 66 parties will use their best efforts co overcome the difficulties and co resume the work as soon as reasonably possible . I N W ITNESS WH EREOF, the parties hereto have e ecuted the General Conditions to acknow le dge their inclus ion as part of the Contract D ocuments on chis 3rd day of September , 20 20 . Signature: __ _st::~::::;:=::::::::::~~:::_...l..._ Print Signatory's Name:---~--------- Tide of Signacory: _R_e~p_r~_·s_i:_n_la_ti_,·_c ______ _ ATTES T ED: Sign,rnce ~ \I/ ~ ken~P,ne City C lerk Read and Approved as to Form, Langu age, Legality. and Execution T hereof: OWNER Rt ~ 50\JT Y,IAMI fl . , Signature: ~~ Shari Kamali City Manager 1 IOof 118 67 EXHIBIT 7 Supplementary Conditions CONSTRUCTION CONTRACT SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-I9 A. Consultant: In accordance with ARTICLE I of the General Conditions the consultant (CONSUL TANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's d~signated representative as identified in the Supplementary Conditions. CONSULTANT's, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: STANTEC 90 I Ponce de Leon Suite 900 Coral Gables, FL 33134 Ph: 305/445-2900 Fax: 305/445-3334 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULT ANT or from substituting another "person" to act as CONSUL TANT. C. Plans for Construction: The successful CONTRACTOR will be furnished _____ sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction 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 & C to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance 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 Facilities and conditions that may affect the Work. It is agreed by the parties that 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 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 the 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 received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. • I. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this -31:d.. day of September , 20..20..., CONTRACTOR: UAG Construclion LLC Signature: ~ Print Signatory's Name:__.Ac,,Jn....,d"'-!}'-'' OL.L1 .... ·a.,._z _________ _ Title of Signatory: _R_e_p_r_es_e_nt_a_ti_ve ________ _ lllofllB 68 ATTESTED: Signature: \\ J\.J ~~-l ,--- ~at)~ City Cl erk Read and Approved as to Form, Languag e, Legality. and Execution Thereof: s;gez - C ity A ttorney OWNER, C I TY OF ":~H M-1~ /) . Signature: ~'-1·~f-""'""tLv--,~-"---~~=-'----- Shari Kamali City Manager 112 o f 118 69 EXHIBIT I ATTACHMENT A SUNSET D.RIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 Scope of Services & Schedule of Values/Summary of Quantities 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 in accordance with the specifications and the contract documents. The Work includes, but is not limited to keeping the project site clean and safe, the furnishing all labor of Contractor and the labor of all allowable subcontractors, the cost of dumpster(s) and the disposal of materials as well as the cost of all engineering and architectural plans, drawings, technical specifications and permits, all necessary equipment, including rental equipment machinery, tools, transportation, freight, the coordination with any other City contractor, subcontractor and utility companies (i.e. power, gas, water), construction safety measures including erecting fencing and cones, root pruning, sod restoration at affected areas to the City's satisfaction, cleaning the construction siter at the end of each working day, maintenance of traffic, and hiring of off-duty City police officer if required by the City and to perform all of the Work that is necessary to provide a completed project that meets all of the needs described in this SCOPE OF SERVICES. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees (not taxes) are waived for permits issued by the City of South Miami. Taxes, and if required, permit fees from other government entities, are the responsibility of the Respondent/Contractor however, in all cases; it is the responsibility of Respondent/Contractor to obtain aJI licenses and laboratory tests and to prepare all engineering and architectural plans, drawings, and technical specifications in order to secure any and all permits required to complete this contractual service/project. The Contractor is responsible to prepare, pay for and deliver as built drawings under seal of a licensed architect or engineer at the conclusion of the Work. The work associated with this project should be reflected in the Respondent's proposal and "Schedule of Values Form, "Scope of Services,,, Exhibit I, Attachment 8. II. Scope of Work: The scope of work for Sunset Drive Modifications include a modification to the roadway alignment at Sunset Drive from SW 62 nd Avenue to East SW 61 st Court Circle to achieve • a smoother transition in the eastbound travel lanes and median landscape and irrigation improvements on Sunset Drive betw~~g,~ 69 th Avenue and US-I. The new landscape 70 will include a variety of predominately native and xeric tree. and shrub species. The irrigation system was updated to allow for I 00% coverage and to provide an automatic controller with a rain sensor. The Schedule of Values is divided into three Options, any of which are at the City's discretion: OPTION A: US-I TO SW 62nd AVENUE (Roadway Modification, Landscaping, and Irrigation) OPTION B: SW 62nd AVENUE TO SW 69TH AVENUE (Landscaping and Irrigation) OPTION C: THE ENTIRE PROJECT, OPTIONS A & B Work activity is limited to the hours from 7 a.m. through 6 p.m., Monday through Friday, Saturday is limited to the hours from 9 a.m. to 4 p.m. Lane Closure on Sunset Drive is NOT allowed any time before 9 a.m. Ill. Site Location: Site Location Option A -US-I to SW 62nd Avenue Site Location Option B -SW 62 nd Avenue to SW 69 th Avenue Please refer to Exhibit I, Scope of Services, Attachment C, ''Sunset Drive Roadway & Landscaping Modifications Plans" IV. Pricing: Respondents shall submit a Lump Sum Price, in accordance in the Scope of Services, Attachments A, 8 & C, in Exhibit 4, "Respondents Cost & Technical Proposal," for: OPTION A: US-I TO SW 62nd AVENUE OPTION B: SW 62nd AVENUE TO SW 69th AVENUE OPTION C: THE ENTIRE PROJECT, OPTIONS A & B NOTE: The City reserves the right to award the project to a single Respondent for each Option; Option A, Option B, or Option C (i.e. one Respondent may be awarded Option A and another respondent may be awarded Option B). Respondents may submit Lum Sum pricing for a single Option or multiple Options. V. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the lirriits defined by the site plan. THE SCHEDULE OF VALUES IS PROVIDED FOR ESTIMATING PURPOSES, BUT THE LUMP SUM AMOUNT SHALL BE PROVIDED UNDER EXHIBIT 4, "RESPONDENTS COST & TECHNICAL PROPOSAL." THE RESPONDENT MUST CARRY THE TREE MITIGATION ALLOTMENT AS WELL AS THE CONTINGENCY IN THEIR TOTAL BASE BID. 38 of 118 71 VI. Plans and Specifications: Please refer to Exhibit I, "Scope of Services" and Attachment C, nsunset Drive Roadway & Landscaping Modifications Plans." VII. Project Duration: The complete construction of the project is Option A: 60 calendar days; Option B: 60 calendar days; Option C: 120 calendars days from notice to proceed. VIII. Warranty: If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, it shall be assigned to the City. NOTE: A Performance and Payment Bond is required for the full amount of the project END OF SECTION 39 of 11B 72 EXHIBIT I SCOPE .OF SERVICES ATTACHMENT B SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-l 9 "SCHEDULE OF VALUES" NOTE: THE SCHEDULE OF VALUES IS PROVIDED FOR ESTIMATING PURPOSES, BUT THE LUMP SUM AMOUNT SHALL BE PROVIDED UNDER EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL" 40of 118 73 ITEM PAY ITEM 1 110.1-1 2 110.4 3 110-4 4 104-1 5 110.15-2 6 ;160-4 7 210.2 8 327-70 -1 9 337-7-82 10 520-1-10 11 520-2-4 12 520-3 13 522-1 14 526-1 15 527 -2 16 570.1-2 1-7 700-1-60 18 706-3 19 711-15-101 20 711 -15-201 21 711-11-14 1 ITEM PAY ITEM _22 ')425-6 23 425-74-1 ITEM PAY ITEM 24 580.5-22 25 590.70 ITEM PAYITEM 28 101 -1 27 102-1 28 102-14 29 SUE-001 30 PE RM-ALLOW 31 CONT City of South Miami -SCHEDULE OF VALUES Sunset Drive Modifications (100% Submittal) South Miami Landscaping, Roadway & Drainage lmnrovementi; OPTION A : US-1 TO SW 62ND AVE DESCRIPTION ROADWAY PAY ITEMS (OPTION A) Clear and Grubb ing Removal of Exi sting Concrete Removal of Exist ing Concrete Curb Prevention , Co ntrol and Abatement of Eros ion and Water Pollu tion Ex i sting Tree Prol ecli on and Preservation Type "B'' Stabilization (12 ") (Min . L.B .R. of 40) Limerock Base (B") (Plimed) MilllnQ Ex isting Asphalt Pavement (1 • Average De pth) Asphalt Concrete Fliction Course Traffic C . FC-9 .5 , Hig h Polymer (1" T hi ck ) (R esu rfac ing) Concrete Curb and Gutter Type "F" includes Casi of Um erock Concrele Curb Type "D" in clud es Cost of Limerock Co ncrele Valley Gutler Concrete Sidewalk (4" Thick) Pavers. ArcMectural, Sidewalk Detectable Wamlno Surface Soddi no {Pensacola Bah i a or Match Ex islino ) {Includes Wal elino and Ma,ntenancel Slnole Post Sien . Remove Re tr o-Refleclive Pavement Marker s (RPMs ) Thennoo lastic /whtt e) (so lid) (6"1 Thennoplast ic (ye llow) (solid ) (6") Thennoplaslic (while) (s k ip) (6") DESCRIPTION DRAI NAGE PAY ITEMS (OPTION A) Adj ust existing va lve boxes & meter boxes Clean Existing Catch Basins DESCRIPTION LANDSCAPING PAY ITEMS (OPTION A) Landscaolna llnclud lna Tree Removal 8 Irriga ti on) lrriaalion DESCRIPTION MISCELLANEOUS ITEMS (O PTION A) MDBILIZA TION(10%] MAINTENANCE OF TRAFF IC TRAFFIC CONTROL OFF ICER ADVANCED UTILITIES EXPLORATION SOFT DIGGING EXPLORAT ION PERM IT ALLOWANCE(5 %1 CONTINGENCY(10%) •1 of 118 UNITS QUANTITY LS 1 SY. 80 L F. 390 L.S. 1 L.S. 1 $.Y, 36 SY. 36 S.Y. 540 TON 50 L.F, 175 L.F. 165 L.F. 50 S.Y. 80 S.Y. 40 S.F. 30 S.Y. 1B0 AS. 1 EACH 21 LF. 700 LF. 260 L.F . 100 UNITS QUANTITY L.S . I EACH 2 UNITS QUANTITY L S. 1 L.S. 1 UNITS QUANTilY LS. 1 L S. 1 H.R. 120 L .S. 1 LS . 1 L S. 1 74 EM ':.Y ;r,e \ 32 580-5-22 33 · 590-70 liiliE:M p;w11~,} 34 10 1-1 35. 10 2-1 a:s 102-14 3L SU E-00 1 38 PERM-ALLOW 39 CON T City of South Miami -SCHEDU LE OF VALUES Sunset Drive Modifications (100% Submittal ) South Miami Landscaping Improvements OPTION B : SW 82ND AVE TO SW 69TH AVE l[ESOSIJ>,not.1 LANDSCAPI NG PAY ITE MS (OP TI ON B) landscaDina ( lncludina Tree Rem oval & l rriaa l ionl lrriaalion DESCR IPifllilJil MI SCELLANEOUS ITEMS (OPTION B) MOBILIZATION(10%) MAINTENAN CE OF TRAF FIC TRAFFIC C ONTROL OFFICER ADVANCED UTI LITIES EXPLORATION SOFT D IGG ING EXPLORATION PE RM IT ALLOWANCE (5%) CONTINGE NCY( 10%) .(l o( 118 Ill l'ES <;1ui> mrv L.S . , L S. , UnTii!i> QUANTITY L S. , L S. , H.R. 120 L S. , L.S. , L.S . , 75 ITEM PAY ITEM 1< 110-1-1 2 11 0-4 3 11 D--4 l{ 104-1 -s-11 0-15-2 6 160-4 -7 2 10-2 ,-a-327-70-1 9-337-7-82 10-520-1-10 11 52 0-2-4 =..1 2 52 0-3 13 -522-1 1A . 526-1 15 527-2 16 570-1 -2 17 700-1-60 18 706-3 19 711-15-101 20: 711-15-201 21 711-11 -141 ITE M PAY ITEM ~ 425-6 23 1425-74-1 ITEM PAY ITEM 24· 580-5 -22 25-590-70 ITEM PAY ITEM :2.6 10 1-1 27 102-1 -28 102-14 ·29 SUE-001 30 PERM-ALLOW 31 CONT City of South Miami· SCHEDULE OF VALUES Sunset Dr i ve Modifi cations (100¼ Submittal) South M i ami Lan d s caping , Roa dway & Drainage Improvements OPTION C : US-1 T O $W 6 9TH AVE [OPTI ON A & B ) DESCR IPTION ROADWAY PAY ITEM S [OPTION C) Clear and Grubbing Remova l of El(lsting Concrete Removal of Ex islin a Concrete Curb Prevention . Control and Abateme nt of Erosion and Waler Po llution Existin a Tree Protecti on and Preservation Tv pe ·s· Slabllization (121 (Min. LB .R. of 40) Limerock Base (Bi (Primed) Millln a Ex islina Asphalt Pavement 11· Averaoe Deoth) Asohall Concre te Fri ct ion Course Traffic C . FC -9.5. Hiah Po lvmer (1" Th ick! IResurfacinal Concrele Cu rb and Gutter Tvpe "F" Include s Cost o r Limerock Co ncrete Curb Tvoe "D" includes Co st or U mcrock Concrete Va llev Gutter Concrete Sidewalk (4 • Thic kl Pavers, Architectural, S idewalk Detectable Wamina Surface Sodd iM (PensacOla Bahia or Ma tch Ex islinal !Includes Wa teri na and Maintenance! Sinale Post Sign, Remove Retro-Reflective Pavement Markers (RPMs) Thermoplasllc (whil e) (solid) 16") Thermoplasllc (ye ll ow) (solid) (6") Thermoplasllc (wh ite) (sk ip) (6") OESCRJPTIO N DRAINAGE PAY ITEMS (OP110N C) Ad just e.xisl!ng valve boxes & meter boxe s C lean Exlsllna Catch Bas ins DESCRIPTION LANDSCA PING PAY ITEMS [OP TI ON C) Landscao ln9 (lndudinQ Tre e Removal & lrrioa tlon) lniQaUon DES CRI PTIO N MISCEL LAN EOUS ITEM S (OPTI ON C) MOBILIZAT ION(10%) MAINTENANCE OF TRAFFIC TRAFFIC CONTROL OFF ICER ADVANCED UTILITIES EXPLORATION SOFT DIGGING EXPLORATION PERMIT ALL OWANCE(5%) CONTI N GENCY(10%) 4lof l lfi UNITS QUANTilY L S. 1 S.Y . 80 L.F. 390 L S. 1 L.S. 1 S .Y. 36 S.Y. 36 S.Y. 540 TON 50 LF. 175 L.F. 165 L.F. 50 S.Y. 60 S.Y. 40 S.F. 30 S.Y. 180 A.S. 1 EACH 21 L F. 700 LF. 260 LF. i OO UNITS QUANTITY L.S. 1 EA CH 2 UNITS QUANTilY LS. , LS. 1 UNITS QUANTilY LS. 1 L S. 1 H.R. 24 0 LS. 1 L.S. i L S. i 76 EXHIBIT I SCOPE OF SERVICES ATTACHMENT C SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-l 9 0 SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS PLANS" Prepared by: Stantec 44ofll8 77 CITY OF SOUTH MIAMI SUNSET DRIVE MODIFICATIONS CAPITAL IMPROVEMENTS PROGRAM MIAMI--DADE COUNTY, FLORIDA INDEX OF SHEETS SHEET NO. SHEET DESCRIPTION C-00 G-01 G-02 C-01 C-02 C-03 lA1.01-lA1.09 LA2.01 • l.A2.09 LAJ.01 l.M.01 -IA4.04 LAS.01 S-01 COVERSHEET SUWMRV OF QUANTITIES GENERAi. NOTES OEMOLITION PLAN GEOMETRY PLAN PAVEMENT MARKING Pl.AN EXJSTING TREE DISPOSlTlON PLAN PLANTING PLAN PlANTING NOTES, SPECS & DETAILS IRRIGATION Pl.AN IRRIGATION NOTES, SPECS & DETAILS TOPOGRAPHIC SURVEY THE SCALE OF THESE DRAWINGS MAY HAVE CHANGED DUE TO REPROOUCTIOII {®~ _, . ..,.....,. llifco«illDIM ..... Olld ............ 1111 ...... 00 'Glallt ... ov..-.g ....... 11...a;io,.tJdllr .... 'Dk:ftltc..t/llOll-- .. ta:tflCMbdCll'IIQll'IOl:IOo.19M ... ~dl-.ctu ..... ( ......... WIC!lt ............... tr,~11~ I I ~---·1r1=1 9 0 - . 9 .. PROJECT LOCATION Stantec 901 Plance do lc,on IMI. Sulle 900 CCfOI 0-1. flollda 33134 Tel 305-4'5-2900 F<a.305-4~5,3]4.4 www.don~com 45 of 118 LOCATION MAP ~NT! Q c) DEVELOPED FOR: PROJECT No. 215614561 78I PAY ITEM NO. _1~1-1 102-1 1~-10-J _ 110-l-i -110-4 1io-• _110-1s,2_ 1160-4 2io-1 _.111•70•5 _ 337-7-82 41~-6 _•1_$-14-1 110-1-10 :120-2-• ffll•J s22-1 M&-1 M/•2 570•1·2 ~~-2!___ 100•1·50 IO!t•J 711-1~•101_ 711-1!•201 -, .. _,-, .. , .. SUMMARY OF QUANTITIES ITEM I UNIT I 1109:UlA!OI I LS. --I IIMlltlWCt 01 1IWllC I Ls. ~~ ~!SilMlll _Of ~-/,'•)IW~ PCl._l~(SMlf I tf ·::lif~~:I-~.QITltA ---Hr tiisi1'lG ·1ur flioiiClllii Mii-PRES[IIYATION. --T LS =~~~~t~i:~~-~ ---1~~: IIUIN, DIST ASPII Pl-VI. 1•1/r M otPTH I S.V. 5i~!e::;:~==rn~~:~.~~~t-~ COIOlllt_QP.ii' cm•("V> IICll.l)[S COSl~or 1111tJ;l1Cl· -• -·----_ I Lr. ~ ~ ~ il'· _ CONCRITT Slll:WAI~ (4" rntK) l SY. ·,-••vi:iis: ARC~C~ Sll)NAIJ( s,v. • omc1ASl£ _IWMIIG SIJll1'H:t l s r. / =:NSACOIA _ IIAHA DR MATCH .£XJS1\NCI) ("Cl_UD(S ••mniu: _ANO WAl'll[IWC[) , ~ -♦-~-·---------I ·1' ~~-~-•-~-_=_--_: ___ Ml_ ---_-... _._tw>f L~_s" 11IVMll'IAS1lC, -lllfll, SDUD. g• : Lf. _ 11<t1111DMTr: Sta-.. ml.D'N: souo. e· J Lr. j IH[RIIOPLASllC, SINiDIIID. WIO_IL~!-6° ! LF. I rw fTEM NOTES PIAN I 80 ~-1 L~=-1 Ji I 540 lilQ-1 : 2 1 175 l 1_6S -l-so : 110 ! 4D I -j 30 j IBD I: ! 21 l 700 1 2150 I _100 I i ! ! 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SEE PLANS 82 ~-----------.-----------------,-----,----,--,--:-::,--,--:,---c=,=,,..--,r----------,--:ro11').l~,~--~------------...---------=.:...;;_=-..c,, ~❖,~ ~~ fj}J. :'(". = .:.:=,. ~ ---------= ..::. ~ ______ _;_"':;:."';;:. SNVld 33 S _,_, .. ....,, • .au,,, .. , ... ~, ~ .:--:-: ... .:: • ....,"•·J _,,.,. .. , ..... ,.,•) """"'"""1 1.-\1 tt,•1 <tf6-q •• ,,,., ""'"" .... ~,_u,i,,, •• , e::::::J c:::::::::::J EDm!l c==i a -, .. ,-,-•-- ....,.. .... , ...... ;:;;;,..;-- ... ,,, .... v --,-- YC tOl:t "A!H"O:> :,0101mr,1 SUC!ID)'P0 N a,wQ IHUI\S IWCl ►'i WIOS,0.\1 1:t ~----r1,,, ............ :ao ,:;i , ... ) 0A.IO 3'(I (LI JSOJ OH lY 0J¥Y ;SJH JO lW Jf .lSH n..1(.10 '!;.l.f'N.)\l,rO "'° ,7J rn,o Atft ,I N.)\Jfld ATJUWl'J o, tt:)j.)P"-IHO:J 't" l •<G :0,14 i l O.: JDQJ dJd SV $,ll!il O!IY $,.1.JJ.U IHYd J JJH IW 1 f<Oa :lfld.l.SNOO .1i YM..l,1illQ t()J ~1,; OJN IIOl JOQJ OJ 1:0JJd T" ~ .AJ N"J&l.J\f'IC>J llJl.fr lllPt't"IU ~ CUtGn U OH'P f'Z>M.J(J "'lJl'lAh(l.) 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"'~ 61.4,..-/0 ~-, !Jltw G1::a"12DW ~ ==========--:-i 1, I '· 83-f 81111 -I 6011 I \ I \ i I I House : I : 1,~1 I I 1 , ; t HOllJf! I • I -... u "" 1 House .._. , , U t r ,.. ,, I I IS~, f -.-,1 : ' \ h , '°'\._, I 1 , , / 1 .J:. i \ , I \."1 I N I I I t I _, \ "'\-~ '/ ~ I ~ I '_, : 1-[ I / ,::~ .. ~R-•~.;.t.... -~--L~-.sf,'J!;..:._-i;;-y:--"· ' CO, \, '-,l,;'.,--, I ii' , 1 , m1 -11,, --<.0,i, -°"~°"' , ... , , 1 -\ , ' , .1 ... ___ ... :! ____ ..,._y _________ ...,,:::.~.----,J ______ ':._ __ --· .,.,. _____ :.:.: ... __ ,:__/' _'::..__ ______ .... ,' ~; ......... .. ::,,,q ~ / ~I -----------------------4--------------s.w. 72nd ST. (SUNSET DR.) c· -_-/--=--,-c.••::;:~ ~' 1•j~x I • .., • .., ___ .,_,_,...··---. -.. _-----·---. -. -~ I --~.,,7_. -·/-~<' )£_-_:''./ ---·----· jl r'. (J ·-----~~~-------------/ __________ _ , ' ,..-.._ ~ I .c ---------·t-· -.-,,-1----,-r,,-;\t---;,~ --· --z--..-,----;,---·-: 11 r------------• ~ =-=-=-=-.±..=:.=-L ...:.1~,-~ ---::.=..=-= ~ :::=.::::..:: =---=-=--=--~-=-~ . '-, __ ;;.,.-.1,..---h · :· I O \ \ 0 "' .... ,...._ ', _.. ~ ' I \ \ ''\ \I (/) Houle Hocn-c 1 1 • i f885IO fr.830 ' \ 1 I ~ ' ! .,oo ', I ' ----~---------~------, .,, , n n - ----..J-- ---- ---___________ , ___ - - - --------...... , ,' -\'.', ,,.._ .... , \ --a---_..J__ ..__ --~V-.i...~ ~-. -.:::-+-----=~·~· ~ I \ \ I \ ',, , ' / ' ' , f ·' -' , , ._ ,," 't.DI.O' ... ______ .,..,,., -7 I ..L \ ' ' $ EXISTING TREE DISPOSITION PLAN Q T • ~, •• ,. ... c-·.tlo () S!!~!!!= ... ,. ..... ---·-:-•"· .. -.-......... . ,._...,,.._,,.._ • ....,_.,'77''~•-•r• . -City of 8cnrth Milrr.1 suniet orrwe ttodtcat:>tli MW40&D[ COtl~f"f'. nofUOA Pu\NHI C{ND .. -, I \ 1 • , tVT",1 11u,,,.w \ I to11-.,,1n4 , ___ , .. -, I \ t ® ) ,_.,,,,,., (x-... \ \ I , .... ,, !mt 1111.,,.,v., 109,ttU"ll,wmo (11!~1 Tltf/t4\.1,1 10 1H H1,,tQYID tlCH ~ll~iJU ,. • .,a:an..ao EXISTING TREE OISPOS!rlON PLAN IICll(l'tl --:t5l1,iSflt -0iw .... LA1 01 . .. , .. ·I 84 l ,. lD IW1 ,,.~o 1gi;t~!lm ~ "1'11'A" N\l'l<l NOUISOdSIQ 33tiJ. '!JNl1SIX3 Si,1t~\ l'itll Q QJ,',Qrfit U Ol (x'1 o'tl'i'1'UII 1~1, \ I '-~ ......... , 01ao1;~•Ml Jll 01 I 0 \ l'l1•WUII 171.J I I , .... _ ... ' .,--, t.,'1'1'tl1Cl ' . \ Wh"ii/BU U'l:l I I ' '-~ I ffiifmiiiww I wQNOH '.lJ"l'tOO JOYO-:rMi'II ~0::9JifJH11' OAllQ Jn.r.5 IWI~ &(VloS ,o ~1:, .. u .. _._ tl1B~•",11r.1"•:, :i"eiiieis () I 1\1 ,..,...., . ., ./ ____ ,___ __ _ ------___ ... ------------------------------------------ . l • ___ ,:::_ _____ .;;._--< ·~a 13SNnS) '1S pu, ------------------------------------------------------------------ 85 ----lj...-1!3~ (_-J . a ... -------------------------------- -------------------------------------------------------- City cf South t.\al'l"A StJnU!Onv01/todfit""cM ¥W,l')-(l~:lf" COl>tTI', flO~IOA !l'\l U{(!•.•v,1 lOllMA»t F1.;1 UH1h.•.• ':) U t1..,t11~PIAIJ1!0 (il\T Tlft/1.l\lA 10 !! lf~O'lfO E>CISHNG TREE DISPOSITION PLA~ ~tilt -klll 11~1,c.s, 86 I I i I ... ----- ; • ! I ' I I! ---------- w w ... ... C) z ~ ~ z ' ~ ! .. z 0 E f I .. ' !!! D I .. ,1 I ,- " z ~ l! ~ I • ;; w J! H J 87• ,-, Ill I I • \ 2-stDly t ' ' : I f,_, Olfla! ~ ~ 1 : \ ~ \ ,-:','21 81d9 I IJS1 1-5tory \ I \ \ J: T ! ~ 111 ...__-,S , c.,·1 \ ._-._<\__, ·, ••• ~ --' ' --I __,.. I ' I ' -, '" or~~ • ...__ l-Story !j I ,--I ... -I \ I~-'& ~.,,. L .C _j-/':J >,:-~4-;:-:_ • o----=--------~~1---11. '~:// ....., ~· L;:;::--1; , ·-...: ,1 U·' ;;>---··-~-:.:::.:.:.~:::::::q.:.:::.:.71:.:.:.::.~k. -~.::r,:::i;·n::·x(~.n"r:¥.°.:.!.:.:.!t:.!.:_~ • • IP ' ~ -------------------------------;-:-:i:.--.., . ·' ·~,og_ ~----~.---r-~\1;,"7~?~)~~--=@~~-· ·--(~)-;;~~~t~, ii-co ':-1 ~-~-:~~~~:~~~:_:._~--~-;~=}:~~:.:-:=~~,!~~~-=---£ .,_ --------------------------------1-Story Office lkildina 8iclt I &ll.J ,/" ,di:OJJ l<l IU ~J ~--=-~(!}~~;-~I--:!--~ ~ ' .:.:,.;:-,' ~~"!~ .... ~ H '" n, 1n Ut iJ• 1 i-: .fiiJ':.kr~~.~~~,;z~~_;.~"~~"i;;~:~~;.:_~~~~~:~~~:~1.~-~~~~~-. : ~ ;/§~~~-::·:::;:~;.::-;:_.-;_·:-;:_:-;_·:~~=-~.i ,,--!.-.::..n-------T ~~------. _,, --:-s,:.• : : l·Sttwy \ : , __ ,. ! ~-:Z•5tory "'\\ \ 'C.O ! '\~, ·w, II • I I .... I f , , OUlco Bu'"'"8 l l Olla, Bulldl"H \' \ i• ~-~ j I f 2-Stoty B"9 I 0:150 llldq I o:,,o ,•~ 0~ i II Olfi<r Buld,ng o/ 'I' .: .V) :~·,' ' .... ,.,.o I I I' ,. I ~ , \il, • l I I :\: \ I Pa~,lft I '"ii:::::-~-: .~ ... •-.:~~: --~i ... ~ )TIU lfQl]lff t""l--'P'"'F--¢ EXISTIN..,G TREE DISPC;S1T10~4J Q -~ -~J-• _ .. __,__ r---~ ~~ ~ ~ •!~~ ~~= ... Ii ' ·-~~ t~.11..-. ~S!~~!!~ :·.',";,~:0;~: •. ~,::··· •• :~:..:'.,:,.":'/-:: ::·:~ .,._ CilV or Sol.l\h M-.n-J S1.1nnol Drwe ~o~caliom "'""'11-0AOE 00:VHlY, nDl:l'IOA BANI ll(HNO ,-, ' ' I o I \ I , __ .,. /~---.., I 0 l \._ / ,-, ' \ \X) '---~ CJ 01)1. ~ll!/TA.11.1 f(J ·~"'"'"'· lJlj1 1'((/1'1,L•-' ·0111 lRAtlVV-Nl!!) H'\1 U(f/f'AW lU IU il:tl.lOV!O ,.._.,1 ._.,.tue~ r•~•:,v~ EXISTING TRfE OISPOSrTlON PLAN Pltlit(tNt la!t H5SUS6t :;-,.,1''1:. lA1 CIS -i I I _J 88Offloolluidila llldt f llOI '" JIJ !" ll I Olliat~ ApoftmonlS ' ' LM!Dly -.... , ... y, .... , • • u • : _ , ~~-J.Sa,,y l 81dQfl211S I I llldlflHS ::// • ......_ J l I ' . ~ y.,L---,--__ ....., ________ • ___ .;:-i ____ :i_ ___ _ a_ o_ ~ _ .. •--:!! :,;;_;.-7_ --. -e-~ _.. _.v _ .o _.,-•. ' I ·•.;.;ri ------------\ 72nd ;ST. Olllm...... ) ft lldq f OJIO \ ..... -• I ' I ·•••··••·•-•··· ... --•• --- -••• -.............. --~ • -.... --~ - -I#, ----------------------• .;.)£_±~,~-~;-=-~,--=~---==-·-·--~~--,..-»;_;,,~ ,,~ .. Ol _ _..,. 1 ~•= i ,', :1 I ,ot: I~ I'' !I t) :, l :, I :, ') 1~GD ,----.. ;...._j----' 0. "'t,--·c M. 4-EXISTIN; TREE OISP~SITIO~~Q -I <>~~~!!~ ' t .... c: ....... , ....... ,,. ...... ....... ~ ··-.-.......... __.. .. ---~, ............. ,, .... _, ............ -...... . •••• ..,., .... ,7 .... , ... ., ..... .,_ ~.-, .... , ......... . ' ..... .r. .... , .............. , ... _,,, ..... , ••• ,~ ... -.. , .. Cilyol&oulhM11n,I Surislt Odve MoclftcelDM IUIMIIDE COUNT'f. FI.Ol:DA !'l,_'<T l(GfNO __ , ' ' I • I \ I .... __ , ,-, ' ' t ®; "-~' ,-, ' \ t X; .... __ , CJ Ol!f TlUtJALM f011(MJilt4 ,IJU.TUf,IPA\M 10 I[ TlAN\NAN'l0 ftllU tlU/P4lM IOU ttMOvtD 111\T 1tf1UH ·••-.a. tx1S11NG TREE DISPOSITION PLAN JJ\1Jl11h --11161'511 ~ ........ LAI 00 . ... .. ..... 891 Slay Cos Slatlon ~ ! Bldg I B2D'I lluililna ! I r .,,. -:i.,_ ___ _ 11 llldG I 121'-HJ> ~~.~~ -__ .. -;;g.,,-r;.."!:"i!!ii@! '• :=tel'ari",....Eh'!l,"f!YC ·-··-·······f!'-"'·········-I 1-d 111 • r~•iiii:iur.!f!t1f.: ... ._ ....... --F! ••••••• .l. · ..V c1~• • :;:,;ra ••.:.,1~~~····-··-··········-'-1. ---r • .:.l§!·P._¥.:.: ........ ~0.:¼0 , -. c1 ::i • -.;; ••• "' Cl::2 I 111 ,,, ' 176 -------~-=.-~.-.:..-.:;=-~F :I I UNSET DR.) __ . .:-.-r:"\---=(ej'· .. i ,0!woo I ILJ ·-,1,00 I I t ) ·--n=cro:--,:;-="'-". --•--:.:==--~----:,._ I . - • ~L 41 cl; : :~~~~~~~i-~~~::::::;;;;~::-~~~~~~~~_:-_:-_:-_:-___ •,: lq 82 ............ ~ .. --··:·--=·:::·;~~:::i·-.-~ i..,· ·,i -81---Sauth Mllm Haopilll ''\. I·· r 8dq f 6200-6:Z,0 .. , 1 ' ... • •• -' .,: .,,. -,; ,,: () Si!~!!~ ,-c .... -•• .,. _,,... .. ,, .... ••;•-.... --•••-•'-••--.. w~•-.. ..... ··---.. , .. ~_ ........... ,_ ....... ·•·-~-•-.•··-"''"--~-~~-.•··· ... · ... ~~~·~ .. .:-----1 c(: ?I • .L..-,-----. ,,--,,, -o• ~ ! ,--~ , U) I 1,' " / ~1-. e ~-:.!!i~t\-1/) c--·::;.=.:-:;f .. :? . -""' ~ ..... ,, .. , ----l ,o,co -----~r:v----,r -•rm'!'!(,·'1!'""'!11',n'!T~l' ~===-]~~---~~ --• ,:;.r -----"T 1-•:: :_w._ U.~~:UN, h'.~ • ·,r -----.·.....-~ LJ 4-EXISTIN.G TREE DISPOSITION-~~: C) : '=-~-OlyolSoul~Miaffll S.nhlOnYe P,lod--UIU,II-OID( OOUNTV. n.0ROl lllGlND ,.-.. I ' 1 • , 1111run,uw \ I fOlf,..ArN , ...... , ,. ... I ' \ ® ; fO!;:',.'!U';~~tD , ...... , ,.-.. I ' ~ X ; ~ri15~r W!~ ... __ , ~ f•\1SMIVIU ··--..... IIIIICIO EXI& TING TREE DISPOSITION PLAN ......... 111111141 ti.,. ... I.Al 07 -.... ... 11,.,,_ i 90 91 NV Id NOl.llSOd1HO 3:ibi. 'QMiSlX3 'tlOVH\ IUH 01-~0nll ll 01 1"1'U•'Hl~ ·u~J 0lun1,tr1.-u II 01 l't"IY,tlllti·mo "''")101 ff'IT,IHI~ 1irtJ aNlb11 ir,f'f'id ~ NVld NOlllSOdSl0 mu ~Nl1SIX3 Y'O!t!01.l 'JJ.W'IOO 10'f0'11W:tt ruai;~y_JK¥1 ll>-'-JO 1a-.:ns !:.ut'~ 1,nnos ;o NQ ----·· --- --··•-:• ... -.._ ..................... -.. -··-·-.. --•.-·--·-""-''"•-···· ......... -... -.-,-.... -•~-... --.. ,::. ... I ..... ,•~• _;_:-:---_.lci'l~I~ lhl ONJillll tQ II-Ii DNJJ1,l:tl 92 -,..,., -CHIH-263 ... NOTE· M ... HHAIN ANOtOR REPAIR EXISTING lf.lRIGATJON ACCORDING TO IRRIGAllON fXPAN810N NOTE;S (SHEET LA501) UNLESS OTiiERWISE. NOTED I "'""' .. ,, JI !} 1'J r------... -·-------,r------------~ .. ----~----- .Ill, -~ ', I ._ ' • • \ 1 //1:~::.~ -;:T.:t~;- , , f6MB • t ; \ ' ' I I .... ~\·'-=-•:-•••-r~ "' ... -4:.'~:---, •,-.-..-.,.e;::•-; .. r•·••·" . -·· ........... ,.~ -·••·•--·--·. . .... . •· ....... ,. -,-., ... --•~·······--.. ,.,._ .. -..................... ~ ·~ ~,,,. .. .,, .... "<•" ... - ..... ot ••• -••. ,_..,_,,. , ... ~· .... -.... -~ .... " City ol 6ol4h l,bn,i Su~et Onve V.COflc.UM l,UMOICE.COtJ-..TY,f\.oAO,l PLANTING PLAN @ 1 ~~·"'' l'll\NT l!Cl!NO IJ~T 11:lf1'"1M 10 l:f-..•JU (l!Sl. TtH rPAIM lO M ll.AN1PIANHO fllSf TIU/11''-LM TOHUlilOVID PLANTING PLAN l"•DQO,,,U.O . ..... 93NOTE. MAINTAIN ANOtOR REPAIR EXISTING IRRIGATION ACCORDING TO IRRIGl<TION EXPANSION NOTES i6HEET lA5 01) UNLESS OTHERWlSE •o>ED R11t Boptist Chua:h of South Miami f 0781 I 't' 1 " I " 11 1 • I I ~ -, , Jkl. '. \·--, . : b: : . . .. 21 ,-, \ I -• ~• -::...,::.___--;...~.,.-----=----::::=-:::~-=-· ------·------~--------·r·-'-··--~~---Prl'---·---_ __._ _ _L ___________ _ -~--,--o, -"' -... ¥ J ' ~ ~ -'tl. /I \' -Oto-O•---"Clo--r-o I l -==-::,;::: t ---■-~--·"/• '•~-~--~•~--· __ ': ___ :·.'.° ___________________ t:::-~!:!'--!_ __ j' L-----•••••-' ----------------------■--.. -----------------------------------------------!nd ST. {SUNSET DR.}--------------________ OUVl-6 I 245 ~,. . I \ \, ' I ERLl-88 LCHIH-SB ___ , ARGL-125 1:Rll-B2 ·.-:;.~ " '!_.•. ": • -·ARG~-124------• • ·1 ~::-~-=--==--~~-=-~-~ ,. . . -----i,----------__ !:_ ~--------~-~-' . ___ ,_. • --, ,--~ / -r=-~-i=--~~=-c-9 ------~ <QI ,' House ' I " .-.-..=-----• ~----· , 10190 -• • " r---' ~--·---.: " \ .. " v,I I .. .. ··----------------------.----• . . ----!.------------., --c-------.~--=--;;;:-~----::---------=-~,,.-., 0 ~lijoi h.\!ll(l\1 fii!• ~:::: t:-~:::--I~ 1W t P).ANTING PLAN @ :r ~~''' ,,_ cn,b• ;;. .=-=~ .. ::· -·~-•~-,,•!•·· -;_<._ •-::-..... -.... ---.c.«pp..1~• .. -~;-, ,. ·~ ... ---. r.,r-~~~-·:.~::::. ;.... ... _ ;. '••'t• () ~!_~~!!_C ...... ~,_ ..... , .. -............ . -•,,; •~• 0 f : ••• ,.,.~ ..... ;••·· --.:<•• '" R•o• . ·~, ~, i .-.~-1-~ ., .... ,;,-: ... ,. .. -.. 7 =~-~ 1: _:.:1: :~ ~==;: ~ ~-City o1 Sau1h 11.ull'N Sum.et Drrvo ~-c:Aom. K,l,UI.QAOE.~IJNTI flOIU;),ti MANI l!G!NO ,-, I \ I • \ U.'\T TtU.l'A\M \ , to•o,oi1u ,_.,,,, ,-, I \ t ®) ,_.,, ,,-... , tX) ... _,.,., 0 !ntTl!t,'l'A\_\,I 10 M n ... ~,u.,mo !J\1 tl((tfAv,I TO It tlMO'llfO !•L!T 1MIUI\ PLANTING PLAN 111111..SIII, ... -21~,◄5'1 O~Jo LA2 0, -r•-~D •-· 94)! -----..--/ ~..,-- -·-)✓ ·--J t_t:! ... --.. ... 11 ,. ,. ---i r--~ ./', -----______,,, --~ . '~, ..... . lwlmanChn<h \ ', --,, \ '87!,0 \" ', ,1 \ I j' ', •d_! -:1: ... lL > <( .c: ffii ~: V: ... NOTE· MAINTAIN ANDIOR REPAIR EXISTING IRRIGATION ACCORDING TO IRRIGATION EXPANSION NOTES (SHEET LA• 0\) UNLESS OTHERWISE NOTED I \ ,I I , I I ,. I , o.dam!nun 1; r :r L .. : -~~ \,. . f lllt-lNI J: 'I ;, .,. 0: c--...,, ....... 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LA2 04 !P'"t ..... lllo.a'D ..... ..,, -7 96NOTE MAINTAIN ANO/OR REPAIR EXISTING l~RIGATIO~ ACCORDING TO IRRIGATION [XPANSION NOTES (SHEET lA5 01) UNLESS OTHERWISE NOTFO Ii: • I II t· Z-Stc,y I t : ! , 177 Of~ ~~ 1-Stoly 2-Stoiy ' I . I l • • ' .,, • ' Oftim Bu!idq Offia, B,.,.. ' \ \ ·, -..Story Ofllco8u¥,g BldQ I'"' j T,,,. ~ J , ~ .....-,' 1-~ \ "',_ 61dof6.lS1 e t1J41 ~-L ~ \ • ~ ~~::.:::: ~-'.'"-;:;.:_.:;-_:;-:_-::-~=Do;_·~:c~--;. -· 'r>--------'\~ ·:v . . 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LA2 05 -,. •• l"?Q.QO ,.._ 97NOTE· l,IAINTAIN ANO/OR REPAIR EXISTING IRRIGATION ACCORDING 10 1RRIGAT10N EXPAN610N NOTES (SHEET l"S 01) UNLESS OTHE~WISE NOTED L Z.Story fces.Mng Btd;, 1uo, I~: IU • I • • ---~-·-0-·--0-.AGl-6,1, -~ ,-,;----, ~r---.--;-.,;;;. w. -=-~-:~------.$' .,Jo i 72nd·ST. i ( sec SHECT LM ol F IRRIGATION IN~ :;;;,;;:;:-,:;:~·;·;·;;·;~ 'I-Sl1l<y -.. _ Office lklldlna \ 1l 8rd9 I 6ll0 , UM. ... . \ • I I 1-Srory l l-5tory h Apa,1rnonl> Hice s-.i CIiia, Building Bldg I 020, I I 62i~ Bldg I 828! t I I I ,.·:._ ---~i.;a~-=:-;;-: ::-=--=~-=.z:-=-:}:~~--· .. ••••• .. --.. •••··.·-·••··--,.·•·· ··••·· -------------------·-··•· .... ·.-•·•••••--•••n •• ••'"••••• ~----······· .... ::: .. :.12. ,.,,~ -------LFIGf.?40 •~-, ... , .. ; ... , , .. r ~-BUFR-475 ,JJ ,=.---; . --·----~ -•• .. ---.... o-: --·--· ----rm :,. --~ •i/7 ...,..-----"---.~-----------------...L..:A. ~ w -t; •-7~• ;' . --.;:~~ i". • •• /. ,6Slary ' ~-~ ' f' Olllce Bulldlna,• -'", • ; • • ~••m 1ij •I \'1 ,1Jr1 oi! 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F~SDI, PIANTl!GENO I ~ - DJST U!f/N,ll.l To 111£.,iovrn I PLANTIHG PLA~ ~ildl.:t $call 2lSSl4S61 I 101.:..:':'.; :·;: .. :,~:·-'·--... ;.:..._.,.... __ ,.:--·"':.=.:. .. --::.==.·.:.-.!.----=' ::.. .... ··::::.:.:..·· ·.·.~ ..... _ .. ;:::...·: ... ·· ·:. -.:::.,".·:.:;· ··••····-··•-" ,_ •··•• .... ··•····.,:;:--_·;-::-"".: ... ::::·--.. _--··---------,, ...... 1 ---·---·--•·-...--•· ... -................ ·-----·-···---···-_ ... _ .. _. ___ .............. -. ,_.,,.,, _______ , ___ .... ,.-... ................. -·--·---·-~ .. --.-·----· ____ , .......... -~ ...... . .-.-• ....... _ _...,. ..... ,-.. ···•-----·· --__ ,,., .. _ .. _, ·-···---· -•-•"•-···•-· ................. -....................... . ........... _ ... ,_ ..... ,_ .. , .............. , .................. ,-, ... ·-.. . U .. 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BATltN 0EIAIL B _ ......... J~.--PLAtllltlG e 8R,\(ING DETAIL UNDER 3 1/2' C~llPER I "'· ... () S_!.~~!~~ .. ·•~ . ...... .. ·--·•·•-· ..... . . ·-~-.... ....... .. -, •·. .. . . ' . -PLAIITING & BRACING 0[T1'1l OVE~ J I /2' CALIPE C.1ycf60JCh~nv PLANTING 'IOlES SPECS A,'-10 DETAILS Sr.,rgcl Orr1t W'odfoe,~ocw l.!\A.Y.1-0A.D( C(XNN. llOf\.lM. '~"' So., l15~11S'61 '""~"· lJ\l Ol r•,.1 .,., .. 102NOTE a,AINTAINANO/OR REPAIR EXISIING IRRIGATION ACCORDING TO IRRIGATION EXPANSION NOTES (SHEET Ul5 01) UNLESS OTHERWISE NOTED L 2-Sl"'I' _J 1: w·' Offica lluld,,a , I > Bldg f tl.101 ] < , , , , I -0 . . . -g;_~-' ,.,/. 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L _____ I-UNSET DR.) cl-, i I o&O•OO ~-:~~~-~:-~}:~:~~;~:,!:~~:~~;;~;;~;;:~~:~:~;~;~I-~;~~~-~~~~~~~~~~~-=~~ -~1: ', , -· 1 r-r .. -----. - - - - - -. .,-,-r= , I .,.-I ~ nUiJ h.~, \i.:.Ua.LW ow,J.U\" \......,_1 :s_:;;-----=-·-=--~-.:..-::..-:_·:_----I ----} ---;,.. --· _. -1· 1 ~: I "•1)1•rrr;,,l!!t'f'1J[~11:w',1J!m,,rr:r, -£':;.~ '' • -..:-..=-..-=-_:_;;-_;;-_-_:::_:_::_::-_::_::_:: -~_::____ 't= ,_,_ =m ~:c!.:, .'' '· -------_-:.._-:_-:_-:..-:_-•-NEWANOIORAOJUSTEO -----------------,rt::-' I I I lfEWATIO,OR~OJUSlEO --~=--U..------___ UlRillATT()NINlHISAREA , ,. d"II ., ... CG"C.tlb.'CI ------;--: : = ~,:;~=-=~~·7-~0d1: -~---' :y,;-••;-,-• I ---~,-J.""" - • • I • .._ i ·' f ; ~ ,. ' ~ ·---4' I C.U SQtion :i I/ i I 81'9 , """' ,: !1 1: :, ,-. h :l ~ I~ ' •i ) '· . 4t 'r, IRRI.GATIO__N_PLA~ T ~~'-~ ()~ti!~!!~ , ~--··•--~,,-........... _. ___ _ -~.: :~·.:.~~ :-:i: ::·:·~~ :::._:._:-:~-:. ~ .::.:~:: ., .• Oty of 5oulh Mloml S\fflat Oti'le IA:u:tneatlons ~C01>1T'I'. F\Olln.\ FlANTlEGf~D .. -, , ' I • t !DH l11!!1,.a\.J,,I \ I lO t~1.u1-., '--~ IRRIGATION PlAN ,.,. ... -11161<161 W·tlltllf'V-.~ LM02 .... - --.-.oeraao ·-· 104eu;!dJnc 81d9 I Ill!. NOTE MAINTAIN ANOIOR REPAIR EXISTINO IRRIGATION ACCORDING TO IRRIGATION EXPANSION NOTES {SH'EET LA.! 011 UNLESS OTHERWISE NOTE□ ~. .+J ,:; .11 (I) 11 ti ~c( :~ ~l ;;; l ~ \ • (· • , •.•••. I r-, l ~:_:_tt! .4i ••.. j ~-~~-,-,.---r -------=-----.Q :o,., D !!. D i "-""· -•'."""'.'?:'--....---o_._-•• -:-r-~~ . , vi ~--: . ~ ..,..._ ___ --""' ·· · · · -:;_ ·· --_r,:. .. ,, ... ''""''! .. -.· --= --= --:i:.~:.!ft:!,:c .cJ1¾~-:f.~"'"':r,-~'=4¥-.:~""Br~of":;~~--·.rii!lli~~•"lt-"ri f-'~.-f,-m--n---,2, -)',j • tm':t~-:;------t_:Jr--:,c:::--'ft ,·,1r•lj"•l"11!''/i:• • • ==--1_11til!J1iilli_l•%1!!· --F-=tlr,:ifi;ifi; '~~l/i!1ii!li~il?lli'lillJ:l,:-·JJi!UllilHilli'-q~f ·····---~-• ' ...... 6 ( ~~jg.' ••• • • • •••••• ••• ••• • • --------;~-~ ·-•• ]'1 r·l ,~ ---• • • • · -" ,, !l!r! 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CQL,f,IT'I' '1.0"'1A 't Mw,w-Oade i'LHcUlnf\' 8ld9 f &000 L IRRIGATION PIAN Q ~ ~\.•• PIANl1EG!"<O ,-, I ' I • 1 PJ,H T,n:1i•1.1 ~ J 10 1~.,_A •. ,_ ... , IARIGAllON PLAN •-.,1'to 1CQ 215514561 l--.lo~ l /I.I. 03 .... f'"•d-ao.a:, . ..... - 105NOTE MAINTAIN AN!llOR REPAIR EXISTIMO IRRIGATION ACCORDIHG JO IRRIGATION EXPANSION NOTES (SHEET LAS 01) UNLESS OTHERWISE NOTED ~ ., ~ 1: Ii\ ✓-/ / I I . 'l' I • / / ,f / -!~ :\ ,..... /.· / ---J,.~/ • :,. \ L..Q' /b /. Ji l I ~ / "l . / > / ~ • n a a • ..S'. : I ::• ' ' /, / / ~• ~~ ~ -._ ,)I:· l ,,,: r-- ' .'l. ::,.-£-c-. -f:::----------~ __L -/-------~ --,:--:..-1'' ,-1.., . , ------~ • I ,,.,_t '""' "--•l ~-:-~.=---• / -... ·-~. ---~~-• 'i" :·-,b!-4-~:i:: ---=-:t~-)..__ -111Sr_ -...:.._]!:±= ..'.!..:.. !..~':f---if:'jj-J[-rr-··'r"!',·.~:::::::: ... -,. =··:·~7"_: ---(, ----! . . . ...._ • -c.r.-------..:..,"'-..----~-r::Jr===s---' I // --• / _,. <:::J' :--"'ONSCTl".)R.•--------1 ___ .... _._ __________ 7--------7-. \-' I ' ~-,---------------------r------------~ ., ., :-t • so:· 1ftt.!Jlf?X··:a:·r1:"r}i@~rr, · -+ ------_____..Ai~ !__·-·-·····················*?-•·· __ ,y I -----•NEW~NOIORAOJUSTED-=---------✓--.A.-----------r',------~ '.fdS.ES~;:§:~~~-:1--~~~;~;;;~~;~~ --, ---. ' \~,, :: r-· L -, \ D ' / \_~ ,..,,;. ------r-• j .,_\ ' , I / ,,,,, \\ \ \\ ,-~ .,.,.. / J, \ \\ "'.~---/ / / / • I } \ \ ;. / I' \ ~-/ ' . ' .,,.,, / .J,I ,,V:• 1\ _.,, / ,~/ r· > / I "'t /,~--• ... , ' I ', /, ,/ I c; ... .e.-• -Cil'j of South MhtrTi ~ ~ S!~!!~!!~ ,-c....-.n,,. Sun;el Orwo Modf.c1!:lol'II r.ti,W:lo,t.0£ CO!.-"'N, AOUIA -·:~-:::-::-~:~ ~: -~ ::~: ~.::--~ --.... •• ··-"' IRRl~~_l"_O~Q l"•o•o.ao Pl,A/'11 LEGEND ,-, I ' I • \ Ill\" Tlff/1'.-t'vl \ I TOU'-'All4 ... ___ ,, IRRIGilt.TlON PLAN ,.a... -1155145161 I :,-.11. _, ·-LA4 ~ 106... ,..-,. -,.--• •·' -K,,,, .. .... ........ _, ............ •' -..... . ........ ..... . •-........ ···-..... ·-......... "' ..., . . •' ........ ·-~-~ -· -·-· •••·--~-• •-• • '•t ·--•• 0 H-••·--..... , __ ,,_,,. __ , ______ --··-............... ,.._,_ .. '._ .. _ .. _ ......... -....... _ .. ·----···-• ........ -...... _ .. _ .. ____ , ____ ..,_., -.---..... _, ___ . ____ _ _ ........ 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TYPICAL SOLENOID VALVE ASIEMBLY cny at &Mh a.hm1 , I tr , I PlAN VIEW tLEVATION VIEW BACKFLOW PREVH-ITION MSEMBLY Of!All IRRIGAllON SYSTEM ONLY _,.,.,. •q ~ ,. ~ ! .c,l • .,lt1-... ,.,,hi IM,r:.11,.._,t' .. ..__.,,.,,-1,1., l'l°''·'-U:, •"'·"•ti ·1 '"'II~ .. ., ....... , .. ..,,._..11~,■ ... ..,._ •. ,__._,,..,.,,._ c,,.,, ... -:11, .. n ...... ,11111 •r."11 .,.,, ...... .....,.. ..... :---.ic•,.,..., •o•·:u, 1 ••· ,, -.1 , "••'.···•, ·, ·•• 1 . ,., -~ "" ,.,,--...... ·, . ., ., ~"" .•L'l ·,,., ~•n •• · I '1PAO''-' ._ 'nu .. ,,;1,.,, II ••••• ,, , , •. , ''~H-• .,. , ...... ,. ,, ,,,,i,,-,,.,,,,,,., '1·,rrr,, ·1••• .. 1 .. ·w11 "" ,,,1 ,. "'~"' ' \"I 1" I,, • ''\ •• [• •' ,,_; • 'It'~ I'-'• ,I'•"'"'• •1• ot 11, •·.• '•••••·-.•'·''"'''II''· •••u,",. ..,,,,,, ,· "'' ... ,, ! '"' IRRIGATION NOTES. 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Q .. & ,: All~ N ·~ _U..._-~11• -;;-•'0""""'-11.)')"" ~-18181.0.00 Shccl i of I 108 IEXHIIBIT 2 SUNSET DRIVE MODIFICATIONS RFP#PW2020-I I 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) shall be required to 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, or by anyone direccly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 8. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the Seate 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 Subcontractor 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 shall 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 shall further ensure that all of its Subcontractors 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 produces liability, contractual liability, severabilicy 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; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall 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: . (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard 109 (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) 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: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall 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 Subcontractor for the word FIRM where appllcable. Fire and Extended Coverage Insurance (Builders' Risi<), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall 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 shall 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 shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable.· 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 shall be 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 shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall 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 shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall 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 shall 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, co provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall 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 shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property 110 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 shall 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 shall be delivered to the City by certified mail, with proof of delivery to the City." Ii. 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 shall 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 shall become 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 shall 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 shall be 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. The Contractor 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 the Contractor or anyone acting through or on behalf of the Contractor. 8. The Contractor shall 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 the Contractor, its contractor/subcontractor 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 the Contractor's obligations under this AGREEMENT. C. The Contractor shall 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 the Contractor, its Sub-Contractor 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 the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall 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 the Contractor, its contractor/subcontractor 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 the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor 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 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. 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, 111 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 112 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~· 2/2012020 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: It tne certificate holder is an ADDITIONAL INSURED, the pohcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER vv, "nvl NAME: Lasa Links Insurance F,{18,NJo Extl: 305-330-6218 I r.ctNo): 305-204-9563 2000 Ponce De Leon Blvd ._~un•• info@lasalinks.com ADDRESS: Ste530B INSURER(S) AFFORDING COVERAGE NAIC U Coral Gables FL 33134 INSURER A: UNITED SPECIAL TY INSURANCE CO, A. IX 12537 INSURED INSURERS: ASCENDANT COMMERCIAL INSURANCE INC 13683 UAG Construction, LLC INSURERC: EVANSTON INSURANCE CO, A, XV 35378 490 NW S River Dr tNSURERD: INSURERE: Miami FL 33128 INSURERF: COVERAGES CERTIFICATE NUMBER: 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1'LTR TYPE OF INSURANCE ~ULIL'i'l:Ft .. .. ,.,, LIMITS INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYYJ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -D CLAIMS-MADE [2g OCCUR UAMA~t: IU ~l"fU;LI PREMISES (Ea occurrence) s 100,000 -MED EXP (Any one person) s 5,000 - A y DCI00087-03 6/512019 615/2020 PERSONAL & ADV INJURY s 1,000,000 -GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 =i [2g PRO, □Loe PRODUCTS • COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: Employee Benefits Liabilil! $ 1,000,000 AUTOMOBILE LIABILITY (Ea acciden;riNl:iL~ LIMJ I s 1,000,000 -ANY AUTO BOOIL Y INJURY (Per person) s ,--OWNED X SCHEDULED s B AUTOS ONLY UAAU080061 12/19/2019 12/1912020 BODILY INJURY (Per accident) x HIRED -~81<?5WNEO rnJroc, ;i T DAMA(;!:: s AUTOS ONLY ~ AUTOSONLY (Per accident) -s UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 4,000,000 C x EXCESS LIAS CLAIMS-MADE MKLV2EUL 103364 6/512019 6/512020 AGGREGATE $ 4,000,000 OED I I RETENTION s s WORKERS COMPENSATION I STATUTE l I \,llM- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? i (Mandatoiy In NH) I E.L. DISEASE -EA EMPLOYEE s g~rc~ftfr~ '/r~;PERATIONS below l I E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schodule, may be atlached If more space is required) The below certificate holder is included on the policy as Additional Insured. GC License#CGC1521395 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN South Miami Procurement Office ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive AUTHORIZED REPRESENTATIVE South Miami 33143 /2.-~c?~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 113 ~ CERTIFICATE OF LIABILITY.INSURANCE DATE (MMIDD/YYYY) ACORD0 12/25/2019 ~ 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 lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE: (800) 277-1620 X 4800 IFAX: (727) 797-0704 E-MAIL ADDRESS: FrankCrum Insurance Agency, Inc. INSURERS(S) AFFORDING COVERAGE NAIC# 100 South Missouri Avenue Clearwater, FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600 INSURED INSURER B: INSURER C: INSURER 0: FrankCrum UCIF UAG Construction, LLC INSURER E: 100 South Missouri Avenue Clearwater, FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 637684 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS lTR INSRD WVD (l,IMIDDIYYYY) (MMIDOIYYYY) COMMERCIAL GENERAL LIABILITY EACI-I OCCURENCE s -=:J CLAIMS MADE OoccuR DAMAGE TO RENTED PREMISES IE• s 1--OCC1.Jrenco) -MED EXP (Asy cne panon) s -PERSONAL & ADV 1NJURY s GENl. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s RPOLICY □ FROJECT □ LOC PRODUCTS-COMP:OPAGG s OTHER s AUTOMOBILE LIABILITY COMBINED SINGLE UNIT IE> oc:ident) s -AflYALITO BODILY INJURY (Per p=n) s --OWNED AUTOS SCHEDULED BODILY INJURY (Per acciden::) s ONLY AUTOS -----HIRED AUTOS NON.OWNED PROPERTY D.\MAGE (Pe, oc:idc,,1) s ONLY AUTOS ONLY --s UMBRELLA UAB OCCUR EACH OCCURENCE s --EXCESSLIAB CLAIMS MADE AGGREGATE s OED I !RETENTIONS s WORKERS COMPENSATION X I PER STATUE I I OTHER AND EMPLOYERS' UA6IL1TY YIN ANYPROPRlETORIPARTNER.'EXECUTIVE □ E.L. EACH ACClOENT s,.000.000 OFF1CERIME!.16ER EXCLUDED? A NIA WC202000000 01/01/2020 01/01/2021 (Mandatory (n NH} E.L DISEASE-EA EMPLOYEE Sl,000.00C ti y,,o. de>cnta unde, DESCRIPTION OF OPERATIONS bdow E.L. DISEASE·POUCY LIMIT Sl,000,00C DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be att.ichod If more space is fC<!Uircd) Effective 07/24/2017, coverage is for 100% of the employees or FrankCrum leased to UAG Construction, LLC (Client) for whom the client is reporting hours to FrankCrum. Coverage is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE South Miami City Hall, Building Department, Sylva Martin Building ~ ..... ~ 6130 Sunset Drive South Miami, FL 33143 © 1988·2016 ACORD CORPORATION. All nghts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 114 EXHIBIT 3 SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 THIS PaafOSAU~UBMll:rED-TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RESPONDENTS BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A, 8 & C) 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. 2. Respondent acceptS all of the terms and conditions of the Solicitation and Instructions to Respondents, including 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 ProP.osal Opening. The Respondent. by signing and submitting 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 information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 2 Dated: 08/31/2020 b. Respondent has familiarized himself with the nawre and extent of the Contract Documents, the proposed work. site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: • If applicable to this Solicitation, the Resp':)ndent represents that: i. Respondent has studied carefully 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, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress. performante, 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 similar 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 underground conditions and Respondent. if awarded the contract. will not be entided 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 assumeaor&PA1nsibility for the accurate location of all Underground 115 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 discrepand~~ th_at i_t_has discovered ·fn 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, Exhibit 4, 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: TO SUBMIT A LUMP SUM COST PROPOSAL, REFER TO EXHIBIT 4 "RESPONDENTS COST & TECHNICAL PROPOSAL" 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 & C must 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: UAG Construction LLC Address: 490 NW S River Drive, Miami FL 33128 T~lephone: Office 305-901-1228 Cell 305-504-9937 Facsimile: 888-672-9865 Contact Person And Diaz 7. The terms used in this Proposal which are defined in the 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 that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit Bl of 118 116 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. By submitting this proposal, I, on behalf of th·e business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I 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 which have 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 ---------pFeSeAmeive-ekhe-business-entit:y-referenced-in-this-Bid-Form, that I have-autho, icy to bid fo, d1ac 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 containea herein are true and correct. • SUBMITTED THIS 3rd PROPOSAL SUBMITTED BY: UAG Construction LLC Company Andy Diaz Name ok ~zed to Submit Proposal Signatu~l/4/) Representative Tide DAY OF Septmeber 20~. Cell: 305-504-9937 Office 305-901-1228 Telephone Number 888-672-9865 Fax Number ADiaz@UAGconstruction.com Email Address END OF SECTION 82 or 118 117 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL BID FORM SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 IN ACCORDANCE WITH EXHIBIT I, "SCOPE OF SERVICES, ATTACHMENTS .. ·-----~..a&_CrRESP_QNO.ENTS--MAY SUBMIT-LUMP-.SUM PRJCING f ORA.SINGLE OPTION OR MULTIPLE OPTIONS. $ LUMP SUM: LUMP SUM: LUMP SUM: OPTION A: US I TO OPTION B: SW 62 OPTION C: SW62AVENUE AVENUE TO SW 69TH (OPTIONS A & B AVENUE COMBINED) 183,500.00 $ 276,399.52 $ 459,900.50 NOTE: The City reserves the right to award the project to a single Respondent for each Option; Option A, Option B, or Option C (i.e. one Respondents may be awarded Option A and another Respondent may be awarded Option B). Respondents may submit Lum Sum pricing for a single Option or multiple Options. SUBMITTED THIS 3rd DAY OF Sctpcmd1cr ----------20__1Q_. PROPOSAL SUBMITTED BY: CAG Construction LLC Company Andy Diaz Representative Title Cell 305-SO.J-9937 Office 305-901-l 228 Telephone Number 888-672-9865 Fax Number ADiaz:Jl r A(iConstrnction cnm Email Address END OF SECTION 83 of 118 118 OPTION A : US-1 TO SW 62ND AVE ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UN IT PRICE TOTAL ROADWAY PAY ITEMS (OPTION A) 1 110-1-1 Clear and Grubbing L.S . 1 $ 432.00 $ 432.00 2 110-4 Removal of Existing C oncrete S.Y. 80 $ 19.85 $ 1,587.60 3 110-4 Removal of Existing Concrete Curb L.F. 390 s 8.31 s 3,240.00 4 104-1 Prevention , Control and Abatemen t of Erosion and L.S. 1 s 1,296.00 s 1,296.00 Water Pollution 5 110-15-2 Existing Tree Protection and Preservation L .S. 1 s 1,296 .00 s 1,296.00 6 160-4 Type "B" Stab iliz ation (12") (Mi n . L.B .R. of 40) S.Y. 36 s 93.30 s 3,358.80 7 210-2 Limerock Base (8") (Primed) S.Y. 36 s 90 .39 $ 3,254 .04 8 327-70 -1 Mill ing Ex isti ng Asphalt Pavement (1" Average Depth) S.Y. 540 s 10.91 s 5,890.32 9 337-7-82 Asphalt Concrete Friction Course Traffic C , FC-9.5 , TON 50 s 2 18.70 s I 0,935 .00 High Polym er (1" Thick) (Resurfacing) 10 520-1-10 Concrete Curb and Gutter Type "F" includes Cos t of L.F. 175 s 23.20 s 4,060.80 Limerock 11 520 -2 -4 Concrete Curb Type "D" includes Cost of Limerock L .F . 165 s 23 .76 s 3,920.40 12 520-3 Concrete Valley Gutter L.F. 50 s 14.80 s 739 .80 13 522-1 Concrete Sidewa lk (4" Thick) S.Y. 80 s 49.48 s 3,958 .20 14 526-1 Pavers , Architectural, Sid ewalk S.Y. 40 s 54.00 $ 2,160.00 15 527-2 Detectable Warning S urface S.F . 30 s 32.40 $ 972.00 16 570-1-2 Sodd ing (Pensacola Bahia or Match Existing) (Includes S.Y . 180 s 16.95 s 3,051 .00 Watering and Maintenance) 17 700-1-60 Single Post Sign , Remove A .S . 1 s 270.00 s 270 .00 18 706-3 Retro -Reflective Pavement Markers (RPMs) EACH 21 s 4.32 s 90 .72 19 711 -15-101 T hermoplastic (white ) (s ol id ) (6") L.F . 700 s 1.08 s 756 .00 20 711 -15-201 Thermoplastic (ye llow ) (so lid ) (6") L.F . 260 s 1.08 s 280.80 21 711-1 1-141 Thermoplastic (white) (skip) (6") L.F. 100 s 1.0 8 s 108 .00 Sub TOT s 51,657.48 ITEM PAY ITEM DESCRIPTION UNITS QUANT ITY UNIT PRIC E TOTAL DRAINAGE PAY ITEMS (OPTION A) 22 425-6 Adjust existing valve boxes & meter boxes L .S. 1 s 540.00 s 540 .00 23 425-74-1 Clean Existing Catch Basins EACH 2 s 8 10.00 s 1,62 0.00 Sub TOT s 2,160.00 ITE M PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL LANDSCAPING PAY ITE MS (OPTION A) 24 580-5-22 Landscaping (Including Tree Removal & Irrigation) L.S. 1 s 59,207.31 s 59 ,207.31 25 590-70 Irrigation L.S . 1 s 8,553 .60 s 8,553.60 Sub TOT s 67,760.91 ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL M ISC ELLANEOUS ITEM S (OPTIO N A) 26 101-1 M OB I LIZA T ION (10 %) L.S . 1 s 18 ,350.00 s 18,35 0.00 27 102-1 MAINTENANCE OF TRAFFIC L.S . 1 s 18 ,142.68 s 18 ,142.68 28 102-14 TRAFFIC CONTROL OFF IC ER H.R. 120 $ 59.40 s 7,128.00 29 SUE-001 ADVANCED UTILITIES EXPLORATION SOFT L.S . 1 s 1,620.00 s 1,62 0.00 DIGGING E XPLORATION 30 PER M-PERMIT ALLOWANCE (5%) L.S. 1 s 8,34 0.95 ALLOW 31 CONT CONTINGENCY(10%) L.S. 1 s 8,34 0.95 Sub TOT s 61,922.59 TOT OPT A s 183,500.98 119 OPTION B: SW 62ND AVE TO SW 69TH AVE ITEM PAY ITEM DESCRJPTION UNITS QUANTITY UNIT PRICE TOTAL LANDSCAPING PAY ITEMS (OPT ION B) 32 580 -5 -22 Landscaping ( Including Tree Removal & Irrigati on) L.S . 1 s 199 ,721.79 s 19 9,72 1.79 33 590-70 Irrigati on L.S. 1 s 9,266.40 s 9,266.40 Sub TOT s 208 ,988 .19 ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRI CE TOTAL MISCELLANEOUS ITEMS (OPT IO N B) 34 101-1 M OBILIZAT ION (10 %) L.S . 1 s 13 ,413.75 s 13 ,4 13.75 35 102-1 MAINTENANCE OF TRAFFIC L.S. 1 s 8,400.00 s 8,400.00 36 10 2-14 TRAFFIC CONTROL OFFICER H.R . 120 s 57.75 s 6,930.00 37 SUE-001 ADVANCED UTILITIES EXPLO RATI ON SOFT L.S. 1 s 1,575 .00 s 1,575.00 DIGGING EXPLORATION 38 PERM-PERMIT ALLOWANCE(5%) L.S . ALLOW 1 s 11 ,965.35 s 11 ,965 .35 39 CONT CONTINGENCY(10 %) L.S. 1 s 25 ,127.23 s 25,127.23 Sub TOT s 67 ,4 11.33 TOT OPT B s 276,399.52 120 OPTION C: US-1 TO SW 69TH AVE (OPTION A & B) ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL R OADWAY PAY ITEMS (OPTIO N C) 1 110-1-1 Clear and Grubbing L.S . 1 s 432.00 s 432.00 2 110-4 Removal of Ex isting Con crete S.Y. 80 s 19 .85 s 1,587 .60 3 110-4 Removal of Ex isting Con crete Curb L.F. 390 s 8.31 s 3,240.00 4 104-1 Prevention , Control and Abatement of Eros ion and L.S . 1 s 1,2 96.00 s 1,296.00 Water Pollution 5 110-15-2 Existing Tree Protection and Preservation L.S. 1 s 1,296.00 s 1,296.00 6 160-4 Type "B" Stabilization (12") (Min. L .B .R. of 40) S.Y. 36 s 93.30 s 3,358.80 7 210-2 Limerock Base (8") (Primed) S.Y. 36 s 90.39 s 3,254 .04 8 327-70-1 Mill ing Existing Asphalt Pavement (1" Average Depth) S.Y. 540 s 10.91 s 5,89 0.32 9 337 -7 -82 Asphalt Concrete Friction Course Traffic C, FC-9.5, TON 50 s 2 18.70 s 10,935 .00 High Polymer (1" Thick) (Resurfacing) 10 520-1-10 Concrete Curb and Gu tter Type "F" includes Cost of L.F . 175 s 23 .20 s 4,060.80 Limerock 11 520-2-4 Concrete Curb Type "D" includes Cost of Limerock L.F . 165 s 23 .76 s 3,920.40 12 520-3 Con crete Valley Gutter L.F. 50 s 14.8 0 s 739 .80 13 522 -1 Concrete S idewalk (4" Thick) S.Y. 80 s 49.48 s 3,9 58 .2 0 14 526-1 Pavers, Architectural, Sidewalk S.Y. 40 s 54.00 s 2,160.00 15 527-2 Detectable Warn ing Surface S .F. 30 s 32.40 s 972.00 16 570-1-2 Sodd ing (Pensaco la Bahia or Match Existing) (I nclu des S.Y. 180 s 16.95 s 3,051.00 Watering and Mainten ance) 17 70 0-1-60 Single Post Sign , Remove A .S. 1 s 270.00 s 270.00 18 706-3 Retro-Reflective Pavement Markers (RPMs) EACH 21 s 4.32 s 90 .72 19 711-15-101 Thermoplastic (white) (so lid ) (6") L.F . 700 s 1.0 8 s 756.00 20 7 11-15-201 Thermoplastic (yellow) (solid) (6") L .F . 260 s 1.0 8 s 280.80 21 7 11 -11-141 Thermoplastic (white) (skip) (6'') L.F. 100 s 1.08 s 108.00 Sub TOT $ 51 ,657.48 ITE M PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL DRAINA GE PAY ITE MS (OPT ION C) 22 425-6 Adjust e xisting va lve boxes & meter boxes L.S. 1 s 540.00 s 540 .00 23 425 -7 4 -1 Clean Existing Catch Basins EACH 2 s 810 .00 s 1,62 0.00 Sub TOT $ 2,160.00 ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL LANDSCAPING PAY ITEMS (OPT ION C) 24 580-5-22 Landscaping (I n clud ing Tree Removal & Irri gation) L .S. 1 $ 280,000.00 $ 280 ,000 .00 25 590-70 Irrigation L.S . 1 s 17,820.00 s 17,8 20.00 Sub TOT $ • 297 ,820.00 ITEM PAY ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL MISC ELLAN EOUS ITEMS (OPTION C) 26 101-1 MOB ILIZAT ION (10%) L .S. 1 s 21,600.00 s 21,600 .00 27 102-1 MAINTENANCE OF TRAFFIC L .S. 1 s 10 ,8 00.00 s 10 ,8 00 .00 28 102-14 TRAFF IC CONTROL OFFICER H.R. 240 s 59.40 s 14,256.00 29 SUE-00 1 ADVANC ED UTILITIES EXPLORATION SOFT L.S. 1 s 1,620.00 s 1,620.00 DIGGING EXPLORATION 30 PERM-PERMIT ALLOWANCE(5%) L.S. 1 s 19 ,99 5.67 s 19 ,995 .67 ALLOW 31 CON T CONTINGENCY(10 %) L .S. 1 s 39 ,991.35 s 39,991.35 Sub TOT $ 108 ,263.02 TOTOPTC $ 459 ,900.50 121 RESPONDENT QUALIFICATION STATEMENT SUNSET DRIVE MODIFICATIONS RFP#PW2020-1 I The response to this questionnaire shall 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 4 In the past 5 years On Schedule 2 b) In the past IO years In the past IO years On Schedule 2. List the last five (5) completed similar projects. a) b) c) Project Name: Owner Name: Owner Address: Owner Telephone: The Sands of Key Biscayne-Pool Paths The Sands of Key Biscayne Association Inc. 605 Ocean Drive, Key Biscayne FL 33149 305-361-5737 Original Contract Completion Time 21 Days (Days): ______________ _ Original Contract Completion Date: 02/ 11/2019 ---------------- Actual Final Contract Completion Date: 02/18/2019 ---------------- O rig in a I Contract Price: $58,739.54 ---------------- Ac tu a I Final Contract Price: $58,739.54 Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: ---------------- I-75 Express Segment A/B Community Asphalt Corporation 14005 NW 186th Street, Miami FL 33018 (305) 829-0700 150 Days No Date-"Time is of the Essence" May 2019 $67,999.77 $156,314.77 The Sands of Key Biscayne-Common Areas The Sands of Key Biscayne Association 202 122 d) Owner Address: 605 Ocean Drive, Key Biscayne FL 33149 Owner Telephone: 305-361-5737 ---------------- O rig in a I Contract Completion Time (Days): 420 Days -----=---------------- O rig in a I Contract Completion Date: June 19, 2020 ---------------- Actual Final Contract Completion Date: May 2020 -=~=-=-==--:--:--:------------ O rig in a I Contract Price: $2,183,704.44 ---------------- A ct u a I Final Contract Price: $2,500,701.14 Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): SR 826 Express Lanes Community Asphalt Corporation 14005 NW 186th Street, Miami FL 33018 (305) 829-0700 Original Contract Completion Date: August 2017 ---------------- Act u a I Final Contract Completion Date: April 7, 2020 ---------------- O rig in a I Contract Price: $4,019,723.96 ---------------- A ct u a I Final Contract Price: $4,804,644.19 e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 203 123 3. Current workload Project Name Owner Name Telephone Number Contract Price T4462 ~ommunily Asphall Coq (305) 829 -0700 $3,059,838.05 244 -90 SW 17th Warren Strifling (305) 603 -2514 S 1,130,425.84 252-The Sands of Key [he Sands Condominium (305) 361-5737 $2,5000,701.14 Biscayne 256-Marathon Key Halley Engineering (305) 883-0055 $233,514.11 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart . b) RESPONDENT's proposed project organizationa l chart. c) Resumes of proposed key project personnel , including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civi l or criminal proceedings. or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the lase five (5) years 6. G overnment Refere n ces : List other Government Agencies or Quas i-Government Agencies for which you have done business within the pas t five (5) years. Name of Agency: Florida Deparlment ofTra nsp orlalion Address : 605 Suwannee Street Tallahassee, Florida 32399 Telephone No.: 866-374-3368 C ontact Person: Type of Project: 204 124 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 205 125 4A. Office Organization Chari Principal: Daniel Burag l ia Office Manager (Acco unt Payabl es & Receivable): Katherine Reyes Sen ior Project Manager: Andr Diaz 4 .B Propose d Project Organizational Cha rt Project Ma n ager: Andy Diaz Assistant Project Manager: l\like Delgado Superintendent: Julio Suarez Accounting: Kathe r ine Reyes 206 126 ANDRES DIAZ DE VILLEGAS 490 NW S RIVER DRIVE MIAMI, FL 33128 PHONE: (305)901-1228 AOIAZ@UAGCONSTRUCTION.COM As a Senior Project Manager of UAG Construction Mr. Diaz brings a wealth of knowledge and experience. He is well versed in the processes of how to successfully manage construction projects, personnel, and equipment from an operations perspective. He provides the experienced and knowledge at every facet of the construction process as it relates to Civil Construction on small and large projects. At UAG Construction Mr. Dlaz has been an integral part of building the self-performing crew with labor and equipment. Currently he oversees 2 crews with manpower of 4 and a fleet of 5 pieces of equipment consisting of Excavator, Skid steer, compacting roller, concrete cutting saws and plate compactors. M~. Diaz past experience on equipment such as: CAT 300 Class Excavators, Komatsu 300 and 400 Class Excavators, Volvo EX 300 Class Excavators, John Deere Backhoes and Front Loaders, Bomag 190 Rollers, John Deere Articulated Off Road Dump Trucks, Gradall XL 3300, Volvo EW 180 Wheel Excavators, Cat D4 -D-6 Bulldozers, Komatsu D30's to D60's Bulldozers, John Deere Motor Graders 670G, Wirtgen Milling Machines. PROFESSIONAL ACTIVITIES o Construction Training Qualification Program (CTQP)-Asphalt Level I & II, Earthwork Level I & II, QC Manager o American Traffic Safety Services Association (ATSSA)-Advanced MOT o Occupational Safety & Health Association (OSHA)-10 & 30 Hour Certification EXPERIENCE 2/2017-Present UAG CONSTRUCTION, LLC-MIAMI, FL Sr. Project Manager. Oversee the civil division of the company along side Principals of the company. Directly manage and coordinate the daily progress and performance of projects. Coordinate and facilitate execution of work with FOOT and CEI as well as all field personnel and on-site subcontractors. 0 Manage and track purchase orders, contracts, and maintain vendor and subcontractor relationships. 0 Develop cost database and maintain prices for bidding and estimating current and future projects. 0 Manage and oversee field operations and track project progress within the company. o Direct company employees including Project Superintendents and Field Labor. 0 Effectively track, update and maintain project scheduling 1/2009 -2/2017 COMMUNITY ASPHALT CORP-MIAMI, FL 9/2015-2/2017 Sr. Project Manager o Managed team consisting of Jr. Project Managers, Project Engineers, and Field Superintendents for multiple projects in excess of $50,000.000.00 0 Developed and update project schedules using FDOT approved format 0 Worked and completed several successful CSl's (Cost Saving Initiatives) with FDOT and their Construction Engineers o Created and tracked weekly cost reporting that allowed Project Managers to forecast their projects accurately o Worked directly with different departments within the Company finding and implementing different practices to ensure efficiency and productivity. 127 11/2012-9/2015 General Superintendent o Responsible for placement, coordination, and dispatching of over 100 employees spanning across 3 counties. o Projects ranging from $100,000 to $300 million. a Managed 12 direct report supervisors across a variety of projects. a Coordinated between Project Management and Field to ensure proper implementation of scope of work. 0 Lead efforts in developing creative and innovative solutions to improve efficiency across projects. a Track and modify daily production rates of earthwork seeking optimal extraction conditions. a Developed and implemented trucking production reports that greatly reduced equipment down time. o Responsible for dispatching, scheduling, and monitoring 6 Maintenance of Traffic crews. 11/2010-11/2012 Project Manager o Lead review process, assessment and election of subcontractor scope buyout. ° Create, implement and manage primavera completion schedule. o Manage subcontractor coordination and scheduling for entire job. 0 Responsible for submitting and approval of project payment requisition. o Handled submission and close out of all delay claims. 1/2009-11/2012 Field Superintendent MIC Orange Line Metro Rail Project o Responsible for subcontractor supervision, coordination, and scheduling • Mange schedule and painting Maintenance of Traffic devices for daily and nightly road closures. o Assist in the scheduling of critical path work with project General Superintendent 8/2007 -8/2009 MK Contractors LLC-MIAMI, FL 8/2007 -8/2009 Assistant Project Manager o Allocate and track disbursement of funds associated with all subcontractor change orders. o Negotiate, review and execute contracts with prospective subcontractors. o Attend and participate in OAC and weekly subcontractor meetings. • Assist in preparation of contractor monthly payment requisitions. o Finalizing buyout of remaining items need to finish the project. o Logging and tracking subcontractor and owner change orders and supporting documentation. 7 /2004-7 /2007 Project Engineer o Responsible for preparing, logging, and tracking all submittals, transmittals, and samples as well as owner and subcontractor change orders a Attend and participate in weekly OAC and subcontractor meetings. 7 /2003 -7 /2004 Estimator o Perform take-offs for all trades, excluding concrete & rebar. o Develop bid books and presentation binders for prospective developers 5/2002-7 /2003 Assistant Superintendent o Assist General Superintendent with preparation of daily reports and field survey for sitework. o Responsible for maintaining up to date history and track changes for on-site construction plans. EDUCATION o FLORIDA INTERNATIONAL UNIVERSITY-Miami, FL o Master of Science in Construction Management (2010) o FLORIDA INTERNATIONAL UNIVERSITY-Miami, FL o Bachelor of Science in Business Administration (2006) 208 128 PROJECTS 2/2017 -Present UAG Construction -Senior Project Manager-Miami, FL AIA Hollywood Beach -Civil Roadway FDOT T-4462 FIN 432323-1-52-03 Project Value $3,500,000 Projected Completion 2020 Project consists of 1.5 miles of roadway reconstruction along AIA at Hollywood beach UAG Construction is a subcontractor to Community Asphalt OHL for large scope of work. UAG Construction self-performing work includes, clearing of existing concrete sidewalk and curb, placement of new subgrade and limerock base for both roadway and sidewalk areas, installation of drainage structures, and adjustment of storm drain and water valve utilities UAG subcontracted work consisting of concrete, drainage, pave rs. Coordinating on a daily basis with CEI and design team on design matters and challenges with tie into Side Street and varying elevations. 826 Express Lanes-Civil Roadway FDOT E6105 FIN 4326878-1-52-01 Project Value: $4,500,000 Projected Completion 2020 Design Build project in District 6 FOOT with implementation of express lanes along 826 from Flagler to 1-75. UAG is a subcontractor to Community Asphalt OHL for all 5 tolling facilities for express lanes. Self Perform work consists of Site work earthwork, excavation, Grading, Building Erection and Placement, Gantry Erection, Bollards. UAG Subcontracted work concrete slabs, prefabricated buildings, all electrical infrastructure. 1-75 Segment AB-Gravity Wall / Hub Building E8M05 FIN 431281-1-52-01 Project Value: $ 150,000 Completed 2018 Gravity Wall and Misc Hub Building Items Installation of 450 LF of Gravity Wall for Southbound Florida Turnpike just south of Miramar Parkway. UAG was responsible for site grading and material purchasing. HUB and Toiling buildings o Bollard Installation o Parking Stop Installation o Condensate Drain Installation H/2010-2/2017 Community Asphalt Corp. -Senior PM / PM -Miami, FL Orangeline MIC (Miami Dade) o Project value: $10,000.000 o The Orange Line project was a JV between Community Asphalt, Tower and, Odebrecht. The project consisted of a new segmental bridge for a future metro rail service that would link to the Miami International Airport. Community Asphalt's scope consisted of roadway construction for the entire project. This included the reconstruction of NW 41" Street as well as new 48" storm water system that ran along that corridor. We were also successful in milling and resurfacing SR 112 and the new facility parking lots. Tamiami Trail to Krome Ave (Miami Dade) o Project Value: $8,000.000 o Project consisted of minor drainage work, milling and resurfacing, and concrete F curb removal and replacement Krome Ave (Davis to USl) (Miami Dade) c Project Value $9,000.000 c Project consisted of new drainage for north and southbound, roadway widening, guardrail, signalization, and milling/ resurfacing 129 SW 112th at Florida Turnpike (Miami Dade) o Project value: $10,000.000 o Community Asphalt was tasked with widening the existing off ramp to southbound Florida Turnpike traffic. The entire median in the corridor was removed and reconstructed at a higher elevation to create new slope for the finished roadway. SR 9 from NW 27th Ave to 195 (Miami Dade) o Project value: $12,000.000 o SR 9 was widened two feet on both north and southbound for almost 5 miles. There was some minor drainage as well, but the bulk of the work was in the widening and milling/ resurfacing SR 856 William Lehman Causeway (Miami Dade) o Project value: $10,000.000 o The William Lehman Causeway had a new turning lane put in for their westbound traffic. This project also had new signalization for the intersection of SR 856 and Biscayne Blvd. In addition to the widening this project has milling and resurfacing done from the Biscayne Blvd intersection to the bridge. Coral Way (SW 24:h St) from 371h Ave to 121~ Ave (Miami Dade) o Project value: $10,000,000 o This projects main objective was to solve the problem with the root intrusion into the roadway by all the large Banyan trees. There was a modified F curb created for this project that would prevent the roots from future intrusion into the roadway. The project also had new drainage scope, signalization, and concrete curb/ sidewalk. SR 441 (E4N82) DB o Project value: $30,000.000 o This project was a design build project between Watman Group and Community Asphalt. This project consisted of complete roadway reconstruction from Hollywood Blvd to Sterling. This project required all new storm drain, sanitary sewer, and waterline. In addition to the drainage scope there was new F curb, traffic separators, sidewalk, D curb, and retaining walls to be completed. This project also had the excavation of two large retention ponds on Farragut St. This was the only project that I was involved with in which we were the CAR contracting. We managed the assessment, containment, and removal of all contamination within the project corridor. While I was Project Manager there were no issues with contamination spreading outside of the containment zones. 210 130 MICHAEL DELGADO 490 NW S RIVER DRIVE MIAMI, FL 33128 PHONE: {305)901-1228 MDELGADO@UAGCONSTRUCTION.COM /J..s an Assistant Project Manager Mr. Delgado is responsible for day to day coordination's with both office and filed teams. He maintains daily communication with the project inspection team and with owner representatives. Mr. Delgado is responsible for tracking and forecasting the projects progress and for documenting and provided notification for any issues the need resolution. In addition to his role as Assistant Project Manager he Is also UAG Construction's Fleet Manager. He is responsible for coordination of delivery and use for all equipment. This role provides key experience in the management of equipment, daily production rates, as well as maintenance cycles. ECUCATION Florida International University-Miami, FL Bachelor of Arts: Liberal Arts (2006) EXPERIENCE 9/~019 -Present UAG CONSTRUCTION, LLC-MIAMI, FL Assistant Project Manager "' Schedule and track daily progress with UAG field team 0 Schedule and track scope being performed by subcontractors o Issue Request for Information o Prepare and track project submittals "' Provide project closeout documents "' Assist in preparing and issue subcontractor contracts and material purchase orders o Attend and participate in weekly progress meetings 5/2016 -9/2019 UAG CONSTRUCTION, LLC -MIAMI, FL Project Superintendent o Supervised and coordinated project execution. 0 Monitor daily activities and daily safety procedures during project duration. ° Conducted and assisted with submittal reviews to ensure compliance with specifications. o Prepared daily logs with subcontractor activities on project site, as well as tracked all deliveries, inspections and equipment on project. o Maintained up to date as built drawings. o Assisted with creating weekly and monthly schedules. ° Coordinate all close out items, including punch list, warranties and certificates. PROFESSIONAL ACTIVITIES o OSHA Certified 211 131 PROJECTS 5/2016-Present UAG Construction - Project Superintendent -Miami, FL Active Projects 2/2018 -Present UAG Construction -Senior Project Manager -Miami, FL AIA Hollywood Beach -Civil Roadway FDOT T-4462 FIN 432323-1-52-03 Project Value $3,500,000 826 Express Lanes-Civil Roadway FDOT Project Value: $4,000,000 9/2019 -Present UAG Construction - Assistant Project Manager-Miami, FL SR AlA-Civil Roadway FDOT Project Value: $3,500,000 Active Projected Completion 2020 212 132 JuuoSUAREZ 490 NW S RIVER DRIVE MIAMI, FL 33128 PHONE: (305)741-9687 JSUAREZ@UAGCONSTRUCTION.COM EXIPERIENCE 10i2017 -Present UAG CONSTRUCTION, LLC-MIAMI, FL Supervisor/ Foreman Project supervisor to coordinating daily operations in the field. Overseeing field labor and managing company equipment and operators. o Heavy equipment operator and maintenance of company owned equipment. o Responsible for daily work coordination of on-site employees and subcontractors. o Assist with field operations and project tracking o Maintain and ensure clean work environment while meeting and enforcing all safety procedures. 0 Ensure that work is performed in accordance with contractual and quality standards. o Keep track of daily paperwork such as timesheets, schedules, email correspondence, delivery tickets and receipts. o Participate in training and other forms of continuous improvement initiatives. 2014-2015 PCL INDUSTRIAL CONSTRUCTION CO.-MIAMI, FL Heavy Equipment Operator o Provide and schedule maintenance of equipment to provide a safe working environment. o Knowledgeable with site plans, machine capabilities, safe digging procedures within each project. o Meticulously adhere to verbal or written instructions regarding all aspects of the job. 2009-2014 KIWEIT SOUTHERN-Miami, FL -ROAD WORK FOREMAN 8/2007-8/2009 FOREMAN 5/2003 -8/2007 FODALE -Miami, FL MARK'S BROTHERS INCE-MIAMI, FL Assistant Superintendent Responsible for managing, coordinating and supervising major projects in the company's airport division. o Inspects construction site to monitor progress and ensure conformance to engineering plans, specification and construction and safety standards. • Responsible for designing and implementing quality control programs for airport projects. o Coordinates the implementation of maintenance-of-traffic plans for airport and highway construction. o Assist management with payment requisitions, contracts and change orders. o Supervises the procurement of materials. 213 133 7 /1998 -5/2003 Foreman Supervised and managed utility crew on numerous projects. o Coordinate daily activities with superintendent • Ensured proper installation of water, sewer and drainage utilities. o Reviewed shop drawings for conformance of plans and specifications. PROFESSIONAL ACTIVITIES o OSHA30 PROJECTS 10/2017 -Present UAG Construction -Supervisor-Miami, FL SR AlA-Civil Roadway FDOT Project Value: $3,500,000 Active Projected Completion 2020 Completed Projects 5/2003 -8/2007 Mark's Brothers Inc -Assistant Superintendent -Miami, FL Airport Concourse 'A-8' Extension Apron & Utilities Project Value:$ 20,000,000 Airport Concourse 'A-B' Extension Apron & Utilities Project Value: $ 19,000,000 5/2003 -8/2007 Utilities - Foreman -Miami, FL Reconstruction of SW 8th Street Project Value: $ 8,300,000 Northside Utilities and Drainage Project Value: $ 3,000,000 Reconstruction of SW 8th Street Project Value: $ 8,300,000 214 134 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS SUNSET DRIVE MODIFICATIONS RFP #PW2020-XX Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Worl< Subcont1·actor Name Address Telephone, Fax & Email Other: MOT/Signage Acme Barricade 3400 Burris Rd, (954) 321-8205 Davie. Fl ~ ~ ~ 1.d. info@acmebarricades.i Striping Roadrunner ~804 NW 80th Ave, (305) 885-9448 Hialeah Gardens. FL 33 16 Trucking C&A Trucking 3351 N.W. 11TH ST ( 407)467-4353 )£MBROKE PINES. FL 3 028 Material Vulcan 12201 NW 25th St, Phone: (305) 592-4100 Miami, FL 33182 Fax: (305) 592-8576 Material 18300NW 122ndAve (305) 822-5322 White Rock Hialeah, FL 33018 Info@WRQuarries.com Asphalt Ranger Materials 17800NW 122ndAve Phone (305) 718-8070 Hialeah, FL 33018 Fax (305) 718-8184 Landscape M&M Groundworks 16645 SW 235 Street Phone:786-601-2677 Homestead FL 33031 Fax:786-601-2085 mmgroundworks@yahc This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION om p.net 135 NON-COLLUSION AFFIDAVIT SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICAT IONS RFP #PW202 0-I 9 STATE OF FLORIDA COUNTY OF MIAMI-DADE _A_n_d_y_D_i_a_z ________________ being first duly sworn, deposes and states thac (I) H e/Sh e/They is/are the __ R_e_p_,_·e_s_e_n_ta_L_i,_'e __________________ _ (Owner, Partner, O fficer. Repre sentative or Agent) of UA Conslrucl ion LLC: the Respondent chat has submitted the attached Proposa l; (2) He/She/They is/are fully i nformed concern ing the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposa l is genu i ne and is not a collusive or sham Pr-oposal; ( 4} Neither the said Respondent nor any of its officers. partners, owners, agents. representatives, employees or parties in interest, including chis affiant have in any way colluded, conspired, connived or agreed. directly or indirectly, w ith any other Respondent. firm, or person co submit a collusive or sham Proposa l in connection w i th the Work for which the attached Proposal has been submitted: or to refrain from Bidd ing or proposing in connection with such Work; or have in any manner, direcdy or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent . firm, or person co fix any overhead, profit or cost elements of the Proposal or of any ocher Respondent. or co fix any overhead, profit or cost elements of the Proposal Pr ice or the Proposal Price of any ocher Respondent, or co secure th rough any collusion, conspiracy, connivance, or un lawfu l agreement any advantage against (Recipient), or any person interested in the proposed Work ; (5) T he 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. r epresentatives, owners, employees or parties of interest. including chis affianc . Signed. sealed and delivered in the presence of: Witness ~;~"''"'~~ M, J,~\ ~(] ~o Witness Andy Diaz , Represenlalive Prine Name and Title 09/03/2020 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 3rd day of Seplemb r , 201.Q__, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) _______________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of 118 216 136 WITN ESS my hand and official seal. NOTARY PUBL IC: SEAL OF OFFICE: (Name o ocary f N Pub lic Prin Scamp or type as commissioned .) / Personally known to me. or Personal identification: \"V I"''' K . -----------=:-::-~i>'~~•:"J"i;e~~~~~\-alhenne Reyes Type o!)-demificacion PfoYJi•·-n Commission# GG1335 03 / _ f \ .ti Expires: October 9, 2021 Did ra ke an oa~1-9 'fi.~-Bonded th ru Aaron Nolan , --,,,,,,,,11 ,, J Did Noc cake an oath. 22 of 118 217 137 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-I 9 Pursuant to the provisions of Paragraph (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 to 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 construction 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, supplier, Sub-consultant. 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, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12. Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, 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 City of South Miami [print name of the public entity) b Andy Diaz, Representative y __________________________________ _ [print individual's name and title] L'AG Construction LLC for ___________________________________ _ [print name of entity submitting sworn statement] whose business address is --190 N'\V S River Drive 1vliami Fl 33128 and (if applicable) its Federal Employer Identification Number (FEIN) is 46-1192152 (If the entity has no FEIN. include the Social Security Number of the individual signing chis 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 transaaion of business with any public entity or with an agency or political subdivision of any other state or of the United Scates, including. but not limited co . any bid, proposal or contract for goods or services co be provided co any public entity or an agency or political subdivision of any ocher state or of the United Scates and involving antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florjda Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court 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 che entity and who has been conviaed of a public entity crime. The cerm "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 constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length W#~nt. will be a prima facie case that one person controls 218 138 5. 6. another person. A person who knowingly enters into a joint venture wich a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 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 co enter into a binding contract and which bids or proposal or applies co bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise t ransacts or applies co 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. Based on information and belief, the statement which I have marked below is true in relation co the entity submitting chis sworn scatemenL [Ind icate which statement applies.] ___ Neither the entity submitting chis sworn scacemenL nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the ent ity, nor any affiliate of che entity has been charged with and convicted of a public entity crime subsequent to Ju ly I, 1989. ___ The entity submitting chis sworn statement. or one or more of its officers, directors, executives, partners, shareholders, employees. members, or agents who are active in che 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 een charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has b2en a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative He arings and the Final Order entered by the Hearing Officer determ ined chat it was not in the public interest co place the entity submitting chis sworn statement on the convicted vendor lisc. [attach a copy of the fina l 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 PROV IDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~/) Personally known ______ 7-+-;{...,.__ ____ _ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/ I 1 /92) 24 ol 118 Notary Public -S My commission ex (Printed, typed or s name of notary public) 219 139 DRUG FREE WORKPL AC E SU N SET DRIVE RO A DWAY & LANDSC A PI N G MOD IFICATIONS RFP #PW2020-19 Whenever cwo or more Bids or Proposals whic h are equa l with respect to price, q uality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal 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 Bids or Proposals will be followed if none o f the tied vendors have a drug-free workplace program. In order to have a dr ug-free workplace program, a busines s muse: I ) Pu blis h a statement notifying em pl oyees that t he un lawfu l manufactu r e. dis tri bution, dispensing. possession, or use o f a contro ll ed substance is prohibited in the wor kp lace and specifying the actions chat will be taken aga i nst employees for vio lations 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) G ive each employee engaged in providing the commodities or contractual services chat are under bid a copy of the st atement specified in subsection (I ).). 4) In the statement specified in subsection (I), notify the employees that, as a condition of working on the commod ities o r concraccual services chat are under bid. t he employee will abide by the terms of the statement and will notify the emplo ye r of any conviction of, or ple a of gui lty or nolo contendere co, 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 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabi li tation program if such is available in the employee's community. by any employee who is so convicted. 6) Make a good faith effort co continue to maintain a drug-free workplace through implementation of this section. As the person authorized co sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the faces stated in it are true and that this firm is in full compliance with the above requirements. RES PONDENT's Signature: -=~-.-'--"'<L~~,,z,=--L,l;.<.-9----1.--------- Princ Name: Andy Diaz D ate: 09 /0 3/2020 25 of 118 220 140 ACKNOWLEDGEMENT OF CONFORMANC E WI TH OSHA STANDARDS SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-I 9 TO THE CITY OF SOUTH MIAMI We, UAG Co n trucl ion LLC , (Name o f CON TRA CTOR), hereby acknowledge and agree that as CONTRACTOR for the S\JNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 as specified have the sole responsibi li ty for compliance with all t he re qu irements of the Federal Occupational Safety and H ealth Act of 1970. and all State and local safety and health regulations, and agree to indemn ify and hold harmless the City of South Miami and STANTEC (Consu ltant. if any) against any and all liability, cla ims. damages, losses and ex penses t hey may incur due to the failure of (Sub -contractor's names): co comply with such ace or regu lation . UAGordruclion LLC BY: A~°4 ~ N ame Represen la live Title 26 of 118 221 141 AFFIDA VIT CONCERNING FEDERAL AND STATE VENDOR LI STINGS SUNSET DR I VE ROADWAY & LANDSCAP I NG MODIF I CATIONS RFP #PW 2020-I 9 The person , or entity, who is respond ing to the C i ty's solicirnrion . here inafter referred co as "R espondent", must certify t hat t he Respondent's name D oes N ot appear on the Scace of Fl o r ida , Department of Management Services. "CONVICTED. SUSPENDED , D ISCRIMINATORY FEDERA L EXCLUDED PARTI ES and COMPLAINTS VENDOR LI ST IN GS"'. If the Respondent's name appears on one or all the "Listings" summar ized below, Respondents must "Check if Applies" next to the applicable "Listin g." The "Li stings" can be accessed through t he following link to t he Fl orida D epar tment o f Manageme nt Services website: !J.rrR:/!www.dms.myflorida.com/business operation s/state purchasing/vendor information/convicted susp ended discriminaco com laincs vendor Ii ts DECLARATION UNDER PENAL TY OF PERJURY I. Andy Diaz (hereinafter referred to as t he "Declarant") state, that the following fa cts are true and correct: (I) I represent the Respondent whose name is UAG Conslructio n LLC (2) I have che following relationship with the Respondent Rq,rcsentative/ Memcher<Owner (if Respond ent is a sole proprietor). President (if Respondent is a corporation) Partner (if Respondent is a pan:nership), General Partner {if Responden t is a Li mited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have rev iewed the Fl orida D epartment of Management Services website at t he following URL address: http://www.dms.myfiorid a.com/business _ operations/state _purchasing/vendor _information/convicted _suspended_ di scri minatory _ complaints_ vendor _lists (4) I have entered an "x" o r a check mark beside each listing/category set forth below if th e Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I di d not encer a mark beside a listing/category. it means that I am attesting co the fact that the Respondent's name does not appear on the listing for t hat category in th e Florida D epartment of Management Services website as of the date of this affidav it . Check if Applicable Convicted Vendor List Suspended Vendor List Dis criminatory Vendor List Federa l Excluded Parties Lise Vendor Complaint Lis e FURTHER DECLARANT SAYETH NOT. Under penalties o f perjury. and as the person authorized to sign chis scai:emenc, I declare that I have read the foregoing statement and that the factS stated in it are true and chat this firm is in full compliance with che above r equirements. __ A_n_J_v_D_i_az~--------- By: _ __,,,=:..:~~7--'li~---- (S ignacure ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAM I-DADE ) On chis the 3rd da y of Septe mb er . 20_.lQ__. before me. the u dersigned authority, personally appeared Amlv Diaz who is personally kno e or who provided the following identification _______ and who took an oac.h or a irnl>C <,....,..14-~fl/ e/she/they executed che foregoing Affi davit as the D ecl arant. WITN ESS my hand and official seal. NOTARY PUBLIC: SEAL No ~ ~-~~ \~·-. .-~} Exp ires: October 9, 2021 (Nam~~~~ry ~8B~~~ P?-\Kl,laron Notary Scamp or type as commissioned .) 27 or 118 222 142 RELATED PARTY TRANSACTION VERIFICATION FORM SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 I A ndY Diaz , individually and on behalf of UAG Construction LLC ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section BA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, ii:i_formation and belief: ______________________________________________ -·-·····-_________ _ (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contraet or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the firm, nor anyone 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 appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [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 (2) 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 of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (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 (3) 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 of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City ocher than the following individuals whose interest is set forth following their names: _____________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on chis line; however, you muse make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (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 (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as co the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit. or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any ocher person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we ~9'!h1&c appeared in representation of any third party 223 143 before any board , commission or agency of the Cicy wichin the past two years other than as follows: ____________________________________ (if necessary, use a separate sheet to supply additional information chat will not fit on chis 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 PAR TY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees. officers, or directors of the Firm , nor any of cheir immediate family (i.e., as a spo use, son, daughter, parent. brother or sister) is related by blood or marriage co: (i) any member of the City Commissi on; (ii) any city emp loyee; or (ii i) any member of any board or agency of the City ocher than as follows: ______________________ (If necessary, use a separate sheet to supp ly addi ti onal information chat wil l not fie on this line ; however, you must make reference, on the above lin e, to the addition al sheet and the additional sheet must be signed under oath). [while the ethics code still applies , if t he 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 sole ly on the signat ory's personal knowledge and he/she is not requi r ed to make an independent investigation as to the re lationship 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 co the i r immediate fami ly members]. (8) No Ocher Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Ocher Firm, nor any member of those pe r sons' immediate family (i.e., spouse , parents, ch ild ren, brothers and sis ers) 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 Fi r m , or any member of those persons' immediate family (i.e. spouse, parents, children. brothers and sisters) have also respond ed, other than the following: ___________________________________ (if necessary, use a separate sheet to supply additional information chat will not fit o n this line; however, you must make reference, on the above line, to the additional she et and the additi o nal shee t muse be signed under oath). [while the ethics code still applies, if the person executing this form is do i ng so on behalf of a firm whose stock is publ icly o-aded, the state ment in this section (8) mus t be based sol el y on t he sig nato ry's pe rsonal knowledge and he/she is not requ i red co make an independent investigation into th e Ocher Fi r m, or th e Firm he/s he represents, as to thei r officers, di rectors or anyone having a financial interest in t h ose Fi rms or any of t he i r any member of t hose persons' immediate family .) (9 ) I and the Firm agree chat we are obligated to supp lement chis Verificati o n Form and inform the City of any change in circumstances that would change our answers to chis documenc. Speci fi cally. afcer the opening of any responses to a solicitation. I and the Firm have an obl igation to supplement th is Ver ification Form with the name of all Related Parties who have also responded to the same solicitation and co di sclose the relationship of those parties co me and the Firm. ( I 0) A violation of the City's Ethics Code , the giving of any false information or the failure to supp lem ent chis Verificat ion Fo rm, may subject me or the Firm to immediate termination of any agreement with the C ity, and the imposition of the maximum fine and/or any pena lties al lowed by law. Additionally, violations may be considered by and sub ject co action by the Miami-Dade County Commission on Ethics . Under penalties of perjury. and as the person authorired to sign this statement. I declare chat I have read the foregoing srncement, chat I have made a di ligent effort to investigate the matters to wh i ch I am attesting hereinabove and to the best of my know ledge , information and belief th e fac s seated in it are tru e and chis firm is in full compliance with the above requirements. Signature: ~ ~/"\ P . N & T " I An dy D i az, R~r rl.cn tal i \"l' nnt ame 1c e: ______________ _ Date: 09/02/2 020 29 of 118 224 144 NOTICE OF AWARD SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 The City has considered the Proposal submitted by your firm for the SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW2020-19 in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the SUNSET DRIVE ROADWAY & ----LANDSCAPING M00IFIC-ATIO"l'JO~Wl020-19 in the amount of $ ------ broken down as follows: LUMP SUM TOTAL: OPTION A: LUMP SUM TOTAL: OPTION B LUMP SUM TOTAL: OPTION C: $183,500.98 $276,399.52 S459,900.50 You are required by the Instructions co Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding. including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten ( I 0) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten ( I 0) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation. the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of tlhe City. BY: _______________ _ Shari Kamali City Manager Dated this __ day of September ACCEPTANCE OF NOTICE . 20...lQ_ Receipt of the above Notice of Award is hereby acknowledged by _____________ _ On tlhis the ___ day of _________ , 20 __ . BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to tlhe City Manager. END OF SECTION 35 or 118 225 145 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION SUNSET DRI VE ROADWAY & LAND SCA PING MODIFICAT I ONS RFP #PW2020-I 9 This affidavit is not requ i red for comp l iance wit h the City 's Solicitati o n; however, it may be used to avoid the need to reg ister members of your presentation team as lobbyists. Pur suant to City Ord i nance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral p resentation 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 pre sent ation . The affidavit must be fi led by staff with the Clerk's office at the t ime 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 lobbyi st, 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 lobbyi st regi stration fees . Pursuant to '92 .525(2), Florida Statutes, the undersign ed, _A_n_d~r_O_ia_7 ___ ~ makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentat ion 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 l isted 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. NAME TITLE Danid Burag li a Principa l N ico l as H ama n n Principal And y Diaz Rcp re ent atin: For the purpose of this Affid av it of Represen t ation only, the list ed members of the pr esentation team, with the exception of any person otherwi se r equired to re gister as a lobbyist, will not be required to pay any registration fees. The Affidavit of Repr es enta t ion 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 proc u rem ent process . Under penalties of perjury, I declare that I have read the foregoing d ecl aration and that the facts stated in it are true and specifically that the persons listed above are the members of the p resentation team of the entity l isted below. _S_c~•p_lc_·m_b_c_·r ____ , 20 ~- Signature of Represent ive Andy Di az, Repr ese nt ative Print Name and Title t.:AG Con l ruc li on LL • Print name of entity being represented END OF SECTION 34 o f 118 226 146 Date: RFP Title: RFP No.: Pl P . tCI Name/Title I Jo h ny Dao 2 Ki e hi Semler 3 J. uintero 4 N 'doe Perez 5 C a r los Herdocia 6 7 8 I 9 10 11 11-lE ITY or !'LEAS ,r LIVING VIRTUAL Non-Mandatory Pre-Bid Conference Sign-In Sheet August 25, 2020 Sunset Drive Roadway & Landscaping Modifications PW 2020-19 Company Name/ E-mail Address Florida Construction Engineering i dao @fceb ui Id .com GSLA DESIGN Kiehl Semler <kiehlc@2sladesign.com> VisualScape SFL Properties Stantec Telephone No. 305) 883 -760 I http s://s ulh miamiflgov.sharepoint.com/Finance/pro curemen t/Shared Documents/P urchasing/Request for Proposals & Qualification (Rf Ps)/20 10 ver3 SUN SET DRIVE MODIFICATIONS/PRE BID/Pre-Bid Meeting RFP PW2020-19 8.25.20 .doc 227 147 https://southmiamiflgov.sharepoint.com/Finance/procurement/Shared Documents/Purchasing/Request for Proposals & Qualification (RFPs)/2020 ver3 SUNSET DRIVE MODIFICATIONS/PRE BID/Pre-Bid Meeting RFP PW2020-19 8.25.20 .doc 228 148 Member Name CITY OF SOUTH MIAMI Bid Number RFP PW2020-19 Bid Name SUNSET DIRVE RAODWAY & LANDSCAPING MODIFICATIONS 3 ocument(s) found for this bid 22 Planholder(s) found 584 NOTIFIED Supplier Name Address! City State Zip Phone Fort Acl ion Property Services 1825 Main Street Lauderdale FL 33326 9546513177 Bl e Native Landscape & Irrigation 201 SW 2nd Ave Florida City FL 33034 3058724050 Bob 's Barricades 921 Shotgun Rd Sunrise FL 33326 9544232627 C&I Construct ion and 14031 SW 143 Court De sign Inc. Unit 6 Miami FL 33186 3052556067 Ca vi n, Giordano & 1800 Eller Drive Fort Ass ociates, Inc. Suite 600 Lauderdale FL 33316 9549217781 Co co Tree Service, Corp 3300 NE 192 ST AVENTURA FL 33180 3057289445 Co nstructConnect 3825 Edwa rds Rd Cincinnati OH 45209 8772271680 100 North Conahan DeiA ngelo Brothers LLC Drive Hazleton PA 18201 5704591112 4300 Beltway Place , Ocx dge Data Ste 150 Arlington TX 76018 4133767032 FG Construct i on LLC 2701 N.W. 35th Ct. Tamarac FL 33309 9548564925 1287 W. At lantic Pompano Fl o r ida Blacktop Inc. Blvd. Beach FL 33069 9549439700 Ka ilas Contractors 3450 W 84 Street Hialeah FL 33018 3057220099 Ka lex Construction & Dev elopement Inc 11401 SW 4 0TH ST . MIAMI FL 33165 Magnum Construction 6201 SW 70th St, Ma nagement, LLC 1st Floor Miami FL 33143 M i l i ani Construction Corp 2051 Nw 112 Ave Miami FL 33172 3054244414 114 Indian Lakes Pc v eway Systems, Inc. Lane Flora home FL 32140 3866591316 Reef Tropical lA Barracuda Lane Key Largo FL 33037 3053672005 Sf _ Property Ma i ntenance Ca rp 17718 Sw 139 Court Miami FL 33177 $ n Eagle General Cel ntractors, Corp. 12300 SW 130 st Miami FL 33186 3057413847 Sup erior Landscaping & Law n Service, Inc. 2200 NW 23 Avenue Miami FL 33142 3056340717 4121 SW 47th Ave Th e Green Experts #1335 Davie FL 33314 8887700072 V isu alScape Inc . 17801 NW 137 Ave Miami FL 33018 3053622404 Attributes Asian/Hawaiia n Owned Hispanic Owned Small Business, Woman Owned Small Business 149 9/3/2020 Detall by Entity Name ' 'I , •• )I • ~;{ (-r • • r r _, , • , -· _,-_:."~.1--_/~ _ _;_~ _·_ -l DeoartmP.nl of S1a:e / D,v1sion Qf C;,r\'.l.QiiiliQfil / Sewell Rer:on1s / s~arc:h hy__l;_:®Y, Name / Detail by Entity Name Florida Limited Liability Company UAG CONSTRUCTION, LLC E!llng Jnfonnatjon Document Number FEI/EIN Number Date Flied State Status Last Event Event Date Flied Principal Address 3275 CRYSTAL CT MIAMI, FL 33133 MJill!ngAddress 3275 CRYSTAL CT MIAMI, FL 33133 L12000131393 46-1192152 10/16/2012 FL ACTIVE REINSTATEMENT 09/26/2017 ~sistered Agent Name & Address BURAGLIA, DANIEL 3275 CRYSTAL CT MIAMI, FL 33133 Name Changed: 09/27/2016 Authorized Person(ft)..Qmall Name & Address litle Manager, Principal BURAGLIA, DANIEL 3275 CRYSTAL CT MIAMI, FL 33133 litle Principal HAMANN, NICOLAS 2401 TIGERTAIL AVE MIAMI, FL 33133 '"l""t&I-nr-.,.,,.,..,•n•• search.sunblz.org/lnqulry/CorporationSearch/SearchResultDetall?lnqulrytype=EntityName&directionType=lnltial&searchNameOrder-UAGCONSTRU .•. 230 150 9/312020 11\18 l""M:INull""I\L FERNANDEZ, JOSE 820 SAN PEDRO AVENUE CORAL GABLES, FL 33156 lmnua!Reports Report Year 2018 2019 2020 Filed Date 04/28/2018 05/01/2019 06/17/2020 Document Jmag§ r§iH/2020 -ANNUAL REPORT ·;5,·0112019 -ANNUAL REPORT :.1(28'2018-ANNUAL REPORT ~,"'26/2017 -REINSTATEMENT 19'27/2016 REINSTATEMENT :,.!!3(112015 -ANNUAL REPPRT ~130,2014 -ANNUAL REPORT ~ '2612013 -ANNUAL REPORT ·011512012 -Florlda Limited Liab1h!Y, \lte\',' irna~e .n PDF l:;rmat View ir-ia;ie in Pc)F farma: V,ew image on PDF fom,at Viev.r irr.a;:1e 1n PDF ~orrn:at View image ·n PCF fotm3t \/111w 111,age n f'D" format Detail by Entity Name 2~1 search.SlliTlbiz.org/lnquiry/CorporationSearch/SearchResultDetall?inqulrytype=EntltyName&directlonType=lnlUal&searchNameOrder=UAGCONSTRU ... 151 2020 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L 12000131393 Entity Name: UAG CONSTRUCTION, LLC Current Principal Place of Business: 3275 CRYSTAL CT MIAMI, FL 33133 Current Mailing Address: 3275 CRYSTAL CT MIAMI, FL 33133 US FEI Number: 46-1192152 Name and Address of Current Registered Agent: BURAGLIA, DANIEL 3275 CRYSTAL CT MIAMI, FL 33133 US FILED Jun 17, 2020 Secretary of State 7764062889CC Certificate of Status Desired: Yes The above named entity submits this statement for th& purpose of changing Its registered office or registered agent, or both, In the state of Florida. SIGNATURE: DANIEL BURAGLIA Electronic Signature of Registered Agent Authorized Person(s) Detail : TJtle Name Address MANAGER, PRINCIPAL BURAGLIA, DANIEL 3275 CRYSTAL CT City-State-Zip: MIAMI FL 33133 Title Name Address PRINCIPAL FERNANDEZ, JOSE 820 SAN PEDRO AVENUE City-State-Zip: CORAL GABLES FL 33156 Title Name Address PRINCIPAL HAMANN, NICOLAS 2401 TIGERTAIL AVE City-State-Zip: MIAMI FL 33133 06/17/2020 Date I he111by t:8lfify that the infamlBflon lndk:Bled M this roporl or supplemontal ,epo!I is lnl9 and accumtr, and that my etoctmnic signaturo shall hBllfl tho samo legal offoel as if llllldo under aalh; that Ism a managing mamber er manager of tho llmillJd llab/Jily a,mp11ny or the tBCllmlr or tmsleo empowemd lo e.rucute this repon as requln,d by Cllaptsr 605. Florida Stalll!Ds; and rhar my name appes,s obow, or M an sllaclunenl wilh sJI alhsr film empowered. SIGNATURE: NICOLAS HAMANN PRINCIPAL 06/17/2020 Electronic Signature of Signing Authorized Person(s) Detail Date 232 152 MIAM I DAILY BUSINESS REVIEW Publ!Shed Oa ,ty except Saturda y, Sunaay and Legal Ho haays M1am1 , Miam i•Oade Co unty Fiona STATE OF FL ORID A COUNTY OF MIAMI-DADE : Belo re the undersigned authority perso na lly appeared GUILLERMO GARCIA. who on oath says th at he or she is the DIRECTOR OF OPERATIONS , Leg al Notices of the Mia mi Daily Business Review f/k/a Miam i Review. a daily (excep t Saturday , Sunday and Legal Ho lidays) ne vspaper , published at Miami in Miami -Dade County Flonda , that lhe attached copy of advenisement, being a Legal Advertisement of Notice in the matrer or CITY OF SOUTH MIAMI -RFP #PW2020-19 in lhe XXXX Coun, vas pub li shed in said newspaper in the issues of 08/20 /2020 Affian l funher says that the sa id Mi am i Daily Bus iness Rev iew is a newspaper published at Miami. in sa id Mia mi-Dad e County , Florida an d that lhe said newspaper has he1etofo re been con nuously published in sa id Mia mi-Dade Coun ty , Flori da each day (except Saturday, Sunday and Legal Holidays) and has been ente red as second class mall matter at the post office in Miam i i n sa id Miam i-Dade Cou nty , Florida . for a penod of one year next preced ing the first publica ti on of th e allach ed copy of ad ven isement ; and affiant funh er sa ys that he or she has neith er pa id nor promised any pe rson . firm or corporation any discounl, reba e . commi ss ion or refund for the purpose of secu rin g \h is adveni sement for publica ti on in the said newspaper. / <jb£~<jf ~ GUIL LERMO GARCIA.9etsonall y known to me .... ~?r :••,\ ~~;;/'.:~~;:~ :: I • •;~;1 ! E: 'r .J 1·10 :,. , , • , , 2022 -· l :: ! j iJ.rJ Tr.,, 'r ~ c,,,,, ,:-r. ,'" CITY OF SOUTH MIAMI SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS RFP #PW202.0-19 SUBMITTAL DUE DATE: SEPTEMBER 3, 2020 AT 10 AM SOLICITATION COVER LETIEA The City is hereby requesting sealed proposals In response to this RFP #PW2020-19 '\SUNSET DRIVE ROADWAY & LANDSCAPING MODIFICATIONS" project The purpose of this Solicitation is to contract ror the services necessaiy for the completion of the project in accordance with the Scope of Services, {EXHIBIT 1, Attachments A, 8, & C) and Respondent 's Cost and Technical Proposal, or the plans and/or specifications, i f any, described in th is Solicitat ion (hereinafter referred to as 'the Proj ect • or 'Project'). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitatlori package by accessing the following webpage: http:/lwww.southmlamlfi.gov/ wh ich is the City of South Miami's web address for solicitation infonmati on. The City will only rece.ive submittats elect ronically through the DemandSl:ar Electron ic Bid System (E-Biddlng). To register as a business, go to ht1 s:/ etwork .demands a .co See directions for registering and signing into your DemandStar user account on the next page following this So li citation Cover Letter in the RFP. Proposals must b e received electron ically through DemandStar, no later than 10:00 A.M. local time (the "Closing Oatej on September 3, 2020 and any Proposal received by the City through DemandStar after t0:00 a.m . local ·me on sald date w111 not be accepted under any circumstanc.es. Hand delivery will not be accepted. BID OPENING VIA VIDEO CONFERENCING: The opening of E-Blds for this solicitati on will occur at 10:30 A.M. local ,lme on (the Closing Date, September 3, 2020. The City Ole wilt conduct the Bid Openi ng through video conferenci ng using the Zoom platform . Members of the public may vi ew the mealing via Zoom at bttps ://zooro .us.lll.3 056636339, or li sten to th e meeting on a dedicated phone line by dialing +1-786--635--1003 Meeting ID : 3056636339 . NON-MANDATORY PRE-BID MEETING VIA VIDEO CONFERENCING A Non-Mandatory Pre-Bid meeting will be conducted through video conlerencing on August 25, 2020 at 10:00 AM using the Zoom platform. Interested parties who are considering attending the Pre-Bid meeting, mus1 Identify your Company Name in the 'Participants List" on the Zoom platform, The meeting will be held regardless at weather conditions. After the meeting, an email will be sent, confirming your attendance, to lhe attention of Steven P. Kutick, Chief Procurement Officer at skullck@southmlamifl ov Memberl> of the publi c may view the meeting via Zoom at hll s:J zoom.us/'tf 30566363Si or listen to the meeting on a dedicated phone line by d iali ng +1-786-635-1003 Meetin g ID: 3056636339 . 8/20 Nkenga A. Payne, CMG City Clerk C ity cl South Miam i 20-36/0000483961 M Stantec Consulting Services Inc. 901 Ponce de Leon Boulevard, Suite 900 Coral Gables FL 33134-3070 August 13, 2024 File: 215681119 City of South Miami Public Works Engineering & Construction Division 4795 SW 75th Avenue Miami, FL 33155 Main: (305) 403-2063 Attention: Mr. Aurelio Carmenates, P.E. Capital Improvement Project Manager Reference: Sunset Dr. Landscaping Median from SW 62nd Ave to SW 69th Ave. Dear Mr. Carmenates, We are pleased to present this proposal for professional engineering services. We understand that the City of South Miami would like to revise and update the landscape plans previously designed on September 2019 by Stantec, along the median from SW 62nd Ave to SW 69th Ave. SCOPE OF SERVICES: Design Phase Stantec will coordinate with the Landscaping Subconsultant. (See attached proposal) Permitting Phase Provide permitting support for the City including submitting plans to Miami-Dade County Department of Transportation and Public Works and City of South Miami, our understanding that the Landscaping subconsultant will be responding and addressing permit comments, issuing revised plans sheets as required. Stantec will re-submit the applicable documentation. Permit fees are not included in this proposal. Construction Assistance Phase During this phase, we will attend one preconstruction meeting, and provide general coordination with the landscaping subconsultant. Exclusions Color renderings, certified arborist services, asphalt cores geotechnical testing, lighting, review contractor’s submittals, coordinate the work and work schedule, perform construction observations, review contractor’s payment requisitions, conduct punch list inspection, and complete project close out or permit fees are not included in our scope. 153 () Stantec July 11, 2024 Page 2 of 2 Reference: Sunset Dr. Landscaping Median from SW 62nd Ave to SW 69th Ave. Terms and Conditions: All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services RFQ # PW2022-03. Our fees shall be as follows. Design Phase (Lump Sum) ………………………………. $1,060.00 Permitting Phase (Lump Sum)……..…………………….. $1,470.00 Construction Phase (Lump Sum)………………………... $3,020.00 Landscaping subconsultant (See enclosed Proposal)..$12,525.00 TOTAL: $18,075 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Thank you, STANTEC CONSULTING SERVICES INC. Carlos M. Herdocia P.E. LEED AP Senior Associate Phone: (305) 445-2900 x2224 Mobile: 786-502-0701 carlos.herdocia@stantec.com Attachment: [Attachment] City of South Miami Approved by: ____________________ ______________________ ______________ Signature Print Name Date V:\2156\business_development\215681119 City of South Miami\Sunset Landscape from SW 62-69 ave\Sunset Dr. Landscaping median.docx 154 Sr. Project Manager Traffic Engineer Gardner & Semler Project Summary Hours Labour Expense Subs Total Project Billing Rate (T&M) $190.00 $150.00 $1.00 Fixed Fee 0.00 $0.00 $0.00 $0.00 $0.00 Total Units (T&M) 15.00 18.00 12,525.00 Time & Material 33.00 $5,550.00 $0.00 $12,525.00 $18,075.00 Fee (T&M) $2,850.00 $2,700.00 $12,525.00 Total 33.00 $5,550.00 $0.00 $12,525.00 $18,075.00 WB S Task Code Task Name Units Task Type Hours Labour Expense Subs Total 1 100 Design Phase Fixed fee 6.00 $1,060.00 $0.00 $0.00 $1,060.00 1.1 100.01 Project coordination 4.00 2.00 Fixed fee 6.00 $1,060.00 $0.00 $0.00 $1,060.00 2 200 Permitting Phase 3.00 6.00 Fixed fee 9.00 $1,470.00 $0.00 $0.00 $1,470.00 3 300 Construction Phase Fixed fee 18.00 $3,020.00 $0.00 $0.00 $3,020.00 3.1 300.01 Preconstuction meeting 2.00 0.00 Fixed fee 2.00 $380.00 $0.00 $0.00 $380.00 3.2 300.02 Project coordination 6.00 10.00 Fixed fee 16.00 $2,640.00 $0.00 $0.00 $2,640.00 4 500 Landscaping Sub Gardner & Semler Fixed fee 0.00 $0.00 $0.00 $12,525.00 $12,525.00 4.1 500.01 Design 7,647.00 Fixed fee 0.00 $0.00 $0.00 $7,647.00 $7,647.00 4.2 500.02 Permitting assistance 1,358.00 Fixed fee 0.00 $0.00 $0.00 $1,358.00 $1,358.00 4.3 500.03 Construction Phase 3,020.00 Fixed fee 0.00 $0.00 $0.00 $3,020.00 $3,020.00 4.4 500.04 Reimbursables 500.00 Fixed fee 0.00 $0.00 $0.00 $500.00 $500.00 FEE ESTIMATE -South Miami Sunset Dr Median Landscaping 155 I Sunset Drive from 69th to 62nd Avenue - Add Services I page 1 of 3 July 3, 2024 revised July 11, 2024 revised July 31, 2024 revised August 13, 2024 Carlos Herdocia Stantec 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, FL 33134 RE: Sunset Drive from 69th to 62nd Avenue - Add Services I Dear Carlos, We appreciate being invited to participate in the design of your project located along Sunset Drive between SW 69th Avenue and SW 62nd Avenue in South Miami, FL. I. SCOPE OF SERVICES GSLA Design shall provide the following landscape architectural services for your project: 1) GSLA will update the previously prepared Contract Documents as discussed. 2) GSLA will attend up to six (6) meetings during the design phase. It is anticipated that after the 60% CD submittal there will be a presentation to the Green Task Committee and to the City council. 3) GSLA will prepare plans on a base Site Plan provided by Stantec Engineering . Any changes to GSLA plans required by changes to the Site Plan shall be billed hourly. Any changes to GSLA plans required as a result of comments concerning our design by Review Boards or government staff shall be made at no additional cost. 4) Construction Administration will include attendance at up to two (2) site visits during construction, preparing responses to RFI’s, shop drawing approvals, review of pay requests and attendance at necessary periodic visits and/or coordination meetings with the Architect/Engineer, Contractor or Owner. GSLA shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work and shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, and shall not be responsible for any Contractor’s failure to carry out the work in accordance with the Contract Documents. Attendance at additional site visits shall be billed on an hourly basis, recorded portal to portal. II. CLIENT'S RESPONSIBILITIES The Client shall provide any required site surveys, as-built drawings, soil tests, as well as architectural and engineering services as required. GSLA will prepare any documents necessary to receive permits pertaining to GSLA’s scope of work. GSLA will not be responsible to submit the plans through the governing agencies. 156 GARDNER + SEMLER LANDSCAPE ARCHITECTURE WWW . GS LAD ES I GN . COM s G N 17670 NW 78th AVE., SUITE 214 MIAMI, Fl 33015 P 305.392 .10 16 F 305.392 .1019 CORP . ID10000266 Sunset Drive from 69th to 62nd Avenue - Add Services I page 2 of 3 III. FEES 1) The base fee shall be $ 12,025 payable as follows: $ 7,647 - upon submission of 100% Construction Document drawings $ 1,358 - for assistance during the permitting phase $ 3,020 - for Contract Administration $ 500 - allowance for reimbursables (not included in fee above) 2) Hourly rates are to be applied for additional services not listed in the scope of services above. 3) Reimbursable expenses shall be billed at actual cost for plan-reproduction, courier fees, postage and handling and any out-of-town traveling expenses connected with the project. Prints created in-house by GSLA for submittal will be charged at $ .10 each for 11x17 sheets, $2.00 each for D size sheets (24”x36”) and $ 2.50 each for E size sheets (30”x42”). In-house coordination prints shall not be submitted for reimbursement. 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT . IV. ADDITIONAL SERVICES 1) Any revisions to our drawings, specifications or other documents required as a result of changes to base plans or other information or instructions provided to GSLA from the Client or his Architect or Engineer, shall be billed on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed on an hourly basis. 2) When GSLA is contracted to prepare plans for the layout and design of roof top hardscape amenities, plantings and irrigation, the Client shall provide the services of a structural engineer. GSLA shall rely upon the advice of the engineer for information as to the roof structure’s weight bearing capacity, roof drainage, waterproofing systems, etc. GSLA shall not be responsible for the preparation of structural, mechanical or electrical construction plans for the roof top areas. GSLA is not responsible for any construction operations during installation of elements designed by GSLA that damage the structure, waterproofing or clog drains. 3) When GSLA is contracted to prepare plans for projects that are attempting to achieve LEED credentialing, GSLA will make calculations, specify qualifying materials and make recommendations necessary to apply for any points relating to GSLA’s disciplines. GSLA makes no guarantee that these points will be granted. 157 GARDNER + SEMLER LANDSCAPE ARCHITECTURE WWW . GS LAD ES I GN . COM s G N 17670 NW 78th AVE., SUITE 214 MIAMI, Fl 33015 P 305.392 .10 16 F 305.392 .1019 CORP . ID10000266 Sunset Drive from 69th to 62nd Avenue - Add Services I page 3 of 3 The persons executing this agreement warrant and represent that they are authorized to enter into this Agreement on behalf of the person or entity for whom they are signing. We look forward to being of service to you. This agreement is executed this ______day of ___________________________2024. GSLA DESIGN By: Ken Gardner For the Firm Client: (Individually and as a Corporate Representative): Signature Name & Title Printed 158 GARDNER + SEMLER LANDSCAPE ARCHITECTURE WWW . GS LAD ES I GN . COM s G N 17670 NW 78th AVE., SUITE 214 MIAMI, Fl 33015 P 305.392 .10 16 F 305.392 .1019 CORP . ID10000266