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HomeMy WebLinkAboutReso 2024-3646RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PARAGON CONSTRUCTION UNLIMITED, INC. FOR THE INTERIOR DEMOLITION OF THE PROPERTY LOCATED AT 18050 COLLINS AVENUE, AND THE DEMOLITION OF THE PROPERTY LOCATED AT 18126 ATLANTIC BOULEVARD, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-SIX THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS AND SEVENTY CENTS ($226,761.70), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is the owner of the real properties located at 18050 Collins Avenue (the "Annex Building") and 18120 Atlantic Boulevard (the "Richelieu Building"), collectively known as the "Properties"; and WHEREAS, the City wishes to demolish the interior of the Annex Building and demolish the Richelieu Building in its entirety (the "Services"); and WHEREAS, the City of Miami Beach ("Miami Beach") issued Request for Qualifications No. 2018 -183 -KB for "Citywide Demolition Services on an As -Needed Basis" (the "RFQ"); and WHEREAS, in July 2019, Miami Beach entered into an Agreement with Paragon Construction Unlimited, Inc. (the "Contractor") to provide citywide demolition services; and WHEREAS, the Contractor is a certified and insured company and has expressed their desire an ability to provide the City with the same pricing and terms and conditions offered to Miami Beach; and WHEREAS, pursuant to Section Chapter 62-13 (C) of the City's Code of Ordinances, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission now wishes to approve an Agreement with the Contractor to provide the Services, in an amount not to exceed Two Hundred Twenty -Six Thousand Seven Hundred Sixty -One Dollars and Seventy Cents ($226,761.70), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Paragon Construction Unlimited, Inc. to demolish the interior of the Annex Building and @BCL@A40BF51F.doc Page 1 of 2 323 demolish the Richelieu Building in its entirety, in an amount not to exceed Two Hundred Twenty -Six Thousand Seven Hundred Sixty -One Dollars and Seventy Cents ($226,761.70), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of April, 2 n MauridNo Betancur, qMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A"&4) ,Peain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: 621,1)"��r11,16C d,� 6srC seconded by: dX44L< Vote: Mayor Svechin (Yes) (No) Vice -Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@A40BF51F.doc Page 2 of 2 324 S"NNY Isle AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH yP�° FLOP a° r AND PARAGON CONSTRUCTION UNLIMITED, INC. CONTRACT NO. 2024-4615 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2@4day of April, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and PARAGON CONSTRUCTION UNLIMITED, INC., a Florida corporation (hereinafter referred to as "Contractor") whose Federal Employer Identification (FEI) No. is 65-0160825. RECITALS WHEREAS, the City is in need of a Contractor to perform demolition work at two (2) city -owned properties, located at 18126 Atlantic Blvd. ("Richelieu Building") and 18050 Collins Avenue ("Annex Building"), collectively referred to as "Services;" and WHEREAS, the City of Miami Beach issued Request for Qualifications ("RFQ") No. 2018 -183 -KB "Citywide Demolitions Services on an As -Needed Basis," and in July 2019, the City of Miami Beach entered into an Agreement with Contractor for an initial three (3) year term, terminating on July 24, 2022, with the option to renew for two (2) additional one (1) year terms, appended hereto collectively as Attachment "A;" and WHEREAS, the City of Miami Beach has exercised its options to renew its Agreement with Contractor through July 24, 2024; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described in Attachment `B" for the Richelieu Building, and in Attachment "C" for the Annex Building, which are incorporated herein by reference; and WHEREAS, the City desires to enter into an agreement with Contractor, using the City of Miami Beach's solicitation information, and the resulting contract thereto, to provide the Services as described herein, and subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county, or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services for a total amount not to exceed Two Hundred Twenty -Six Thousand Seven Hundred Sixty -One Dollars and Seventy Cents ($226,761.70), which includes an amount of Twenty Thousand Six Hundred Fourteen Dollars and Seventy Cents ($20,614.70) for contingency; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations, and warranties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: PARAGON CONSTRUCTION UNLIMITED, INC. 325 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of RFQ No. 2018 -183 -KB, entitled "Citywide Demolitions Services on an As -Needed Basis," and the resulting contract, which are specifically incorporated herein and made a part hereof as Attachment "A," as well as the Contractor's proposals, appended hereto as Attachment B" and Attachment "C," respectively (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Paragon Construction Unlimited, Inc. — Contract No. 2024-4615. B. Second, the terms and conditions of RFQ No. 2018 -183 -KB, entitled "Citywide Demolitions Services on an As -Needed Basis." C. Third, Contractor's Proposals. 3. SERVICES. Contractor shall provide equipment and Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, performing demolition work at two (2) city -owned properties, located at 18126 Atlantic Blvd. ("Richelieu Building") and 18050 Collins Avenue ("Annex Building"), as more particularly described in Attachment B" for the Richelieu Building and Attachment "C" for the Annex Building. The Contractor shall furnish all labor, equipment, and materials necessary to complete the Services in accordance with the specifications in the Contract Documents. The Contractor is responsible for obtaining all required permits. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement. The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or Project Manager. With regards to the Richelieu Building, Contractor shall reach Final Completion of the Services within six (6) months from the initiation specified in the NTP (once permits have been received). With regards to the Annex Building, Contractor shall reach Final Completion of the Services within three (3) months from the initiation specified in the NTP (once permits have been received). Time is of the essence. Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work," and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. PARAGON CONSTRUCTION UNLIMITED, INC. 326 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. COMPENSATION. The City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Two Hundred Twenty -Six Thousand Seven Hundred Sixty -One Dollars and Seventy Cents ($226,761.70), which includes an amount of Twenty Thousand Six Hundred Fourteen Dollars and Seventy Cents ($20,614.70) for contingency, as set forth in Contractor's Proposals, attached hereto as Attachments `B" and "C," specifically: Richelieu Building: $151,569.00, including $13,779.00 in contingency. Annex Building: $75,192.70, including $6,835.70 in contingency. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges as reflected in Attachments `B" and "C" for the term of the Agreement, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Contract Documents. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this PARAGON CONSTRUCTION UNLIMITED, INC. 327 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance. General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must be offered in 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 shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 1. Premises and Operation; 2. Independent Contractors; 3. Products and/or Completed Operations Hazard; 4. Broad Form Property Damage; 5. Broad Form Contractual Coverage applicable to this specific Contract, including and hold harmless and/or indemnification agreement; 6. 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; and 7. $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability, Employers Liability & Commercial Automobile Liabilities. The Umbrella/Excess Liability must be follow -form of the underlying policies. B. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. 4. Workers' Compensation in accordance with Florida Statute, including Employer's Liability of $1,000,000. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. PARAGON CONSTRUCTION UNLIMITED, INC. 4 328 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Business Automobile Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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 the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers Non -City ship. D. Builder's Risk Insurance. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where the contract calls for installation of machinery or equipment, the policy must be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. E. Professional Liability Insurance. Evidence of Professional Liability Insurance coverage for negligent acts, errors, and omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to include the following: 1. Description on the declaration describing the scope of your professional services and shall include all aspects of the services performed under this Agreement, including negligent acts, errors or omissions arising out of your operations or any qualified subconsultants and sub -tier consultants for whom you are legally liable. 2. Deletion of any exclusions pertaining to design/build liability 3. Coverage shall apply for one (1) year after the Project is complete. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. PARAGON CONSTRUCTION UNLIMITED, INC. 329 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 8. WARRANTY OF SERVICES. The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or PARAGON CONSTRUCTION UNLIMITED, INC. 6 330 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Agreement expires or is terminated for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. PARAGON CONSTRUCTION UNLIMITED, INC. 331 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris@sibfl.net aboileau@ngnlaw.com If to the Jeffrey Strump, Vice President Contractor: Paragon Construction Unlimited, Inc. 1497 Northwest 153rd Avenue Pembroke Pines, Florida 33028 Tel: (954) 292-6776 paragon bellsouth.net 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable PARAGON CONSTRUCTION UNLIMITED, INC. 332 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall 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 City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall 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 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 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 CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4" Floor, Sunny Isles Beach, Florida 33160. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. PARAGON CONSTRUCTION UNLIMITED, INC. 333 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A" and `B." 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity PARAGON CONSTRUCTION UNLIMITED, INC. 10 334 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "D." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "E." 23. LIQUIDATED DAMAGES. Failure to complete the Services for the Richelieu Building, and Annex Building, respectively, within the time specified above for each building, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, a minimum amount equal to Two Hundred Dollars ($200) for each calendar day of delay in the completion of all work. The liquidated damages will be defined per project. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. PARAGON CONSTRUCTION UNLIMITED, INC. 11 335 City Of �&Wjrmy Wes &Vck I 8WO Colkis Avenue, 91 ur V 1 , my hl'csjjcmck JOA& a (305) 947--0606 phonc, (305) 9494113 Fu 24. MESCELL&KE.0t1s, .A. In 'he cmml any provikian of this Agwzmmt Ls found to be -void and, 11mmfiameable W bimdxing up= Oic )gym with the Sam c,,ffc'ct Us thou ghffiPc V-0- W or Uncufmccableprowisiom [ad1k se and delckd, H. This Avwamt may boaxecit ed in multippleidentical: , taparm Owb of %%mr-b shall be deemed an origjni 'Al,ror, all puqmw. C - Thk Aurcewnt sW1 carstitutc; the ender 8Vrwff=KbcmTcm- the- cs with di cl to- isabotin Wtcr hamt nad t ll sup ishacr-%M -u e an. pruvious aw comcrn,pormoL _UOral and wrium neWfiations, commitmmts.. as mcants and rclaidng hcrcmL 0. .1 be a[ only Min w6dipp, and signed by the pmtics to , this Agmemann L R. No waivor of provision ordijRASx-cment shOl, be valid. orCOROV-0me UnIcss such taw +r inwan'U" - andsip od' I by the Wy Smaing such wakw. ns INWrOlOMWITEREOV. 04 Par1l" h0tdo have eXeCuW this Amt in daptica on the day and ymr fasi vaium abom STATE -OF -FLORIDA COUNTTOF PARAGONCONST` RUCTION U X L.T. Mr IT- .:IN C "I Tbe kxcgc�mgv h=uffleat was wknowledged berow ma by mmm '117 URUMMUM'20M, thiS, 17—dayo f ApriL. 20 24. 'by I afficy S. consww'don Unfirdited, inr_ (SEAL) OfFWdjk KV CWMI Wkft bon A MV 0,=, Pawn W Known —or Noduced ldcatirimtiox Twe of Id-end-fic=ian Pmduood: =tar El, of Par4gan (S . ignaii q I PAW wridL TyM err Stamp COmmissincedName of-K76my Public) City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: CITY OF SU N ISLES BEACH BY: ; BY: Mau icio Betaneu, Larisa Svechin, Mayor CMC City Clerk Department Head APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: jain E. 6Bo&i1ea/u�for Nabors, Giblin & Nickerson, P.A., City Attorney PARAGON CONSTRUCTION UNLIMITED, INC. 13 337 MASTER CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and Paragon Construction Unlimited, Inc. ("Contractor") for demolition services pursuant to RFQ 2018 -183 -KB (the "Agreement") W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor- hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in Exhibit A and the Contract Documents, and any Contractor Service Order issued to Contractor for any Project awarded hereunder. PROJECTS WITH A VALUE EXCEEDING $300,000 MAY NOT BE AWARDED UNDER THE AGREEMENT. ARTICLE 2 CONTRACT TIME 2.1 This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk. The City Manager may renew the Agreement for two (2) additional renewal periods of one (1) year each. ARTICLE 3 ASSIGNMENT OF WORK COMPENSATION AND BONDS 3.1 COMPENSATION. In consideration of the Work to be provided hereunder, Contractor shall be compensated on a Lump Sum basis, as specified in the Contractor Service Order. 3.2 ASSIGNMENT OF WORK. An executed Contractor Service Order (CSO) (Exhibit B) is required for every project assigned under the Agreement. The executed CSO shall be considered Notice to Proceed #1 (NTP) upon which the Contractor shall, within 10 days of the CSO being executed by all parties, provide to the City the required proof of insurance, performance and payment bond (if applicable), proof of required permits, and all technical specifications, submittal schedules (if applicable) and schedule of values. Contractor shall have no entitlement to perform (or be compensated for) any Work under this Agreement unless the Work is authorized, at the City's sole discretion, by a Contractor Service Order. Following the receipt of all NTP #1 submittals, the requesting department may issue NTP #2 (Exhibit F), which shall authorize the Contractor to begin the Work. NTP #2 is a condition precedent to mobilization on any Project site and commencement with the Work. 338 The Contractor shall perform the work as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the CSO. 3.3 PERFORMANCE AND PAYMENT BOND The City will require a performance and payment bond for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Contractor Service Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 3.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contractor Service Order, guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. The City may accept a Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment.Bond. 3.3.2 Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 3.3.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 3.4 QUALIFICATION OF SURETY Yid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 3.4.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 3.4.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, 339 and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 3.4.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 3.4.4 For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 3.4.5 More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. ARTICLE 4 MISCELLANEOUS 4.1 A. The term "Contract Documents" as referenced herein shall include "Contract Documents" shall mean this Contract (together with all exhibits, addenda, Contractor Service Orders and written amendments issued thereto). The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Request for Qualifications (RFQ), instructions to bidders, 340 bid form, bid bond, surety payment bond and performance bond, Special Conditions, and Contractor's response to the RFQ. The requirements of the Contract Documents, as such term is defined herein, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents. Accordingly, all of the documents incorporated by the Contract Documents shall govern any Contractor Service Order issued under this Contract. B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total demolition Project specified in any Contractor Service Order, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. 4.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any applicable law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 4.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor .debarment. 4.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 4.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 341 4.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section, For the present, the parties designate the following: For City: Building Department 1700 Convention Center 2"d Floor Miami Beach, Florida 33139 Attn: Ana M. Salgueiro, Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Paragon Construction Unlimited, Inc, 1497 Northwest 153rd Avenue Pembroke Pines, FL 33028 Attn: Jeff Struma Phone: 954-292-6776 Email: paragon(ftellsouth.net 4.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 342 4.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this 'Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 4.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 4.10 Applicable Law and Venue This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 4.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 4.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 4.13 Indemnification Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or 343 intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. In consideration of the sum of Twenty -Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. Nothing in this Article is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 4.14 Inspection of Work Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 4.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 344 4.14.2 Re-examination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 4.15 Termination Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Agreement, the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Agreement, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Agreement, and may be issued by the City with or without cause. 4.15.1 Upon receipt of such Notice of Termination for Conveniehce from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Section 4.15: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, 345 title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials, services, or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City (if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and any property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). 4.15.2 Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Agreement, except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 346 4.16 Termination of Agreement For Cause The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Contractor, in the event that the Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Work or any portion thereof; or (3) does not perform the Work or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Contractor shall first be granted a fifteen (15) day cure period (commencing upon receipt of the initial written notice of default from the City). The following occurances shall be deemed sufficient grounds for termination for cause: 4.16.1 Failing to make payments to Subcontractors or Suppliers for materials or labor in accordance with the respective Subcontracts and Purchase Orders; 4.16.2 Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; 4.16.3 Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any Work within the specified time; 4.16.4 Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; 4.16.5 A custodian, trustee or receiver is appointed for the Contractor, or the Contractor becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or the Contractor causes or suffers an order for relief to be entered with respect to it under applicable Federal bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for the Contractor, or bankruptcy, reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Contractor; 4.16.6 An indictment is issued against the Contractor; 4.16.7 Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 4.16.8 Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; 4.16.9 Failing to comply in any material respect with any of the terms of this Agreement or the other Contract Documents. 4.16.10 Upon the issuance of a Notice of Termination for Cause, the Contractor shall: 347 L Immediately deliver to the City all Submittals and Project -related records in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. The rights and remedies of the City under this Section shall apply to all defaults that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. The City reserves the right, in lieu of termination as set forth herein, to withhold any payments of money which may be due or become due to the Contractor until said defaults have been remedied. In no event shall Contractor be entitled to any compensation for anticipatory profits or consequential damages as a result of the discontinuance of any portion of the Work, or termination of this Contract. In the event it is determined, for any reason, that Contractor was not in default under the provisions of this Section, then the City's notice of termination for default shall automatically be treated as a termination for convenience, and the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 4.15. The Contractor shall have no further recourse of any nature against the City for any wrongful termination. 4.17 Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. The remainder of this page is intentionally left blank. 11 348 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Jerk Mayor ATTEST: Sig a - /Secretary Print Name 12 PARAGON CONSTRUCTION UNLIMITED, INC. S�r%n# retDireg or -�-� sr2-,j Print Name i 349 EXHIBIT A SCOPE OF SERVICES The work required under this contract resulting from future Invitations to Quote (ITQ) is skilled demolition services, meeting the following minimum specifications. The future work shall consist of furnishing all labor, materials, permits, licenses, supervision, and equipment required to demolish a building or building structures and appurtenant, to include debris removal/disposal, dumping/tipping fees, and final site leveling/grading and grass seeding, as required. Appurtenant structures shall include all slabs, steps, porches, walkway slabs to main structure, fences, asphalt pavement parkways and driveways (including limerock base) and the like. Demolition described, shall include wood and/or concrete roofs, frame stucco, and / or concrete block walls, reinforced concrete columns, foundations, beams, windows, doors, floors, all rough plumbing and electrical conduit, and concrete walks. Demolition and removal of structures for future projects shall also include, but shall not be limited to the following activities, as applicable: • Permits: A building demolition permit may include the following sub -permits: o Plumbing Permit o Temporary Fencing o DERM Permit o Asbestos Permit, if required o Right of Way Permit o Landscape Permit The contractor shall be responsible for contacting Utilities to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. Demolition and removal of structures shall include removal of the entire identified structure(s) in each subsequent Invitation to Quote (ITQ) and contents to the construction limits. All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted in subsequent ITQs. Where walks that are designated to be removed come into contact with the sidewalk that is to remain, the contractor shall make a saw cut prior to starting removal. Care should be taken to see that sidewalks are not broken due to the demolition, and any adjacent sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations. All such designated damages shall be totally replaced by the contractor at no cost to the City and all such costs shall be borne solely by the Contractor. The City shall approve any and all repairs to its satisfaction. • Fences shall remain, unless otherwise instructed to remove. • Cap all building sewer connections at existing wye locations. Requires a Plumbing permit. 13 350 • Submit an asbestos and lead paint abatement report, in compliance with Federal, State, and Local Laws and Codes as required for issuance of demolition permit. • Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be thoroughly pumped out, the bottom broken, and filled in or removed from the premises. Permits and inspection are to be obtained as required. • Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for each project. Sediment control shall be maintained for the full duration of each project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Dust Control: Dust control plan shall be submitted by the contractor at the time of permit submittal detailing methods to be used for dust control(i.e. temporary cover, water and or wind breaks) • Grade and Backfill: Grading, backfill, sodding, and return to grade shall be performed as follows: o All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. o Final grading shall ensure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. o The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City's landscape Architect. • Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the immediate vicinity of the demolition. • Discovery of Hazardous Materials: In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City project manager. Clean -Up: All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor 14 351 shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not be placed at the work site. • Street Closures: The Contractor shall not close any street or divert any traffic without prior written approval of the City. The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for construction and maintenance work zones: It will be the sole responsibility of the contractor to make him/herself and his/her employees fully aware of these provisions, especially those applicable to the use of barricades, cones, signage, etc., to provide a safe working environment. • Public Right -of -Ways: Any use of the public right-of-way adjacent to the work site shall be consistent with the provisions established by the Florida Building Code as provisions must be made for the safe conduct of pedestrians on or near the site(s). • Project Superintendent: The contractor shall have a superintendent or a responsible foreman on the project at all times when work is in progress. • Power: All power for lighting, operation of the contractor's plant or equipment, or for any other use by the contractor, shall be provided by the contractor's sole cost and expense. • Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 15 352 Utilities: The contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the information made available to the City. The City does not guarantee the accuracy or completeness of such information. Service connections for gas, water, telephone services, sewers, underground electric and lines, and possibly other utilities are not shown on the plans. Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor. The contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work, additional payment, or damages. The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed under the provisions of subsequent Invitations to Quote. The contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. The contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, 16 353 arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Explosives: The use of explosives will not be permitted under the contract. • Final Inspection: Inspection by Department of Building Development Services for Final Inspection shall be requested by contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit MUST be requested by Contractor upon completion of demolition and site clean-up. • Emergencies: Proposers shall be able to mobilize within 24 hours if requested by the city. The Contractor must comply with the following City's Sustainable & Resilient Procurement policy standards: (A) The firm shall employ the following hierarchy of highest and best use for handling Construction & Demolition ("C&D") debris as follows: (i) Implement reduced material usage or reuse of materials before any recycling; (ii) Implement recycling of source -separated material before any recycling of mixed C&D debris material; (iii) Implement recycling of mixed C&D debris before all other forms of disposal. (B) The firm is prohibited from sending any C&D debris material directly to a landfill without submitting a request to and receiving approval from the Environment & Sustainability Departments. The request must demonstrate that all reuse and recycling options for the material have been evaluated and determined to not be viable for recycling or reusing. (C) The firm shall manage all C&D debris materials to meet a minimum diversion rate of 75 percent. The Environment & Sustainability Director may increase the minimum diversion rate based on the Directors assessment of infrastructure, markets and materials available to support the new rate. (D) *Construction and Demolition Debris Management Report. The firm shall be responsible to provide a Construction and Demolition Debris Management Report electronically to the Environment & Sustainability Department prior to final payment, including the following: (i) The firm and project identification information; 17 354 (ii) Procedures to be used for C&D debris management; (iii) A list of the materials generated from the project, their estimated weight by tons, and how the material was reused, recycled, or otherwise handled; and, (iv) The names and locations of reuse and recycling facilities or sites, and companies used to transport the material. (v) Final Diversion information reporting the weight of C&D debris material diverted for the entire construction and/or demolition project and the overall diversion rate achieved. (vi) Any assets within the facility or property to be demolished shall follow the same procedures as above. (E) The Environmental & Sustainability Department will approve the Construction and Demolition Debris Management Report addressing items (G)(i)-(h) and notify the Building Department to authorize payment to the contractor. The remainder of this page is intentionally left blank. 18 355 EXHIBIT B CONTRACTOR SERVICE ORDER Contractor Service Order No. TO: PROJECT NAME: Project Name DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: Change Order —to Service Order Amount: (ALL CHANGE ORDERS MUST BE APPROVED IN WRITING BYTHE CITY PRIOR TO THE WORK.) Total From Previous Change Orders to Service Orders: Fee for this Service Order is Lump Sum/Not to Exceed amount of: Total Agreement to Date: City's Project Administrator Date Department Director City Manager Date Contractor Date 19 Date 356 EXHIBIT C GENERAL CONDITIONS Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this RFQ. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase 20 357 Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.19 Program Manager: Not applicable. 1.20 Project: The construction project described in the Contract Documents, including the Work described therein. With a maximum value of $300,000.00 for general construction and $75,000.00 for electrical projects. 1.21 Project Initiation Date: The date upon which the Contract Time commences. 1.22 Resident Project Representative: Not applicable. 1.23 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.24 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all 9 358 required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.25 Subcontractor: A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.26 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.28 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. 2. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 3. Project Manual: 3.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 3.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 3.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. 22 359 Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 3.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 4. Intention of Citv: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 5. Preliminary Matters: 5.1. Within five (5) calendar days prior to the pre -construction meeting described in Section 5.2, Contractor shall submit to Consultant, for Consultant's review and acceptance, a project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make -Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make -Up" schedule or vigorously follow the "Make -Up" schedule shall be reason to default CONTRACTOR. 23 360 5.1.1 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 5.1.2 A preliminary schedule of Shop Drawing submissions; and 5.1.3 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Z Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 5.1.4 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 5.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 5.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 6. INTENTIONALLY OMITTED 24 361 7. INTENTIONALLY OMITTED 8. INTENTIONALLY OMITTED 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 41. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 25 362 12.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non-technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 14. INTENTIONALLY OMITTED 26 363 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. * The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. INTENTIONALLY OMITTED 27 364 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect; or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 13 hereof. 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. INTENTIONALLY OMITTED 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions'of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 13. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the 28 365 provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 30. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 30. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 26 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 29 366 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 24 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons 30 367 for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 31 368 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of.final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as maybe indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 32 369 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement: All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense 33 370 a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission -approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been 34 371 issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 13 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 39.2 and 39.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 39.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 39.3. 39.2.1. 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 and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. M 372 The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. 36 373 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted 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. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting 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 agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, 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. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 39.2. 37 374 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2. A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2 and 39.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 38 375 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 13 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 40.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, 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; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable: Non -Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. 39 376 Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 40 hereof. Failure of Contractor to comply with Article 40 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non -compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be' limited to the actual additional costs allowed pursuant to Article 41 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one hundred dollars ($100) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non -Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 30 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of 40 377 Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 45.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 41 378 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as -built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 42 379 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as -built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project 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. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 47.1.2 and 47.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 30 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by 43 380 Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sian: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 38, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up: City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 44 381 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination: In connection with the performance of the obligations contained in the Contract Documents, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment,.housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City 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 shall provide City access to its books and records upon seventy-two (72) hours written notice. 45 382 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. c. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d. The emergency procedure for spills, fire, disposal, and first aid. e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. f. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are 46 383 no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 47 384 Solicitation No: Solicitation Tale: 2018 -268 -KB FOR CITYWIDE DEMOLITION SERVICES Procurement Contact: Tel; Email: KRISTY RADA 305-673-7490 1 KRISTYBADA MIAMIBEACHFL.GOV STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. General Proposer Information. FIRM NAME: r �-�•I�i'C•� v.. -4'i"-1 S SIG.rV ��V.0 �� 1 NO. OF YEARS IN BUSINESS: 1 NO. YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAMES) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: pc,-� c:lZ STATE: ZIP CODE:�� TELEPHONE NO.: n � q,3 o c+�o g �1 TOLL FREE NO.: FAX NO.: pt `f ` 7T j -f So434 FIRM LOCAL ADDRESS.' l t�'i o -j1, Atrc_ CITY: STATE: 2 ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: !! /I The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2018 -183 -KB 19 385 ,Vr d.Aty d BEACH Veteran Owned Business. Is Proposer claiming a ve an owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status firm is certified as a veteran -owned business or a service -disabled veteran owned States federal government, as required pursuant to ordinance 2011-3748. shall submit a documentation proving that business by the State of Florida or United Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 1v, t71" r SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. ,,, /�Tt�acrf SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES [ NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s).' Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. �0-� SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (includmg your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http:/lwww.miamibeachfl.gov/city-halVorocuremenV f_h_tTP.Ctih%D- RFQ 2018 -183 -KB 20 386 • We will conduct business with government agencies and employees In a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation In political campaigns. Public Ufe and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns. of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign Inf tion or support those who do. PARAGON CONSTRIXTICM UNLTD INC A.Q. isox 82' 3 eRb 33(82 orp ate Officer 1/5r Ar ate i 387 . /1NvkdAA/1d BEACH i9e. PuFsWaFit te Seegen 2 498 of the Gity of Miami 9eaGh Gede, as same may be amended #eFn tine te-ti; s shall be paid the FS(i4ed Willq wage Fates listed belewi 9ftGtlY9 jaRUaFy 4, 2018, GG;FGFGd GR;Plgye@g Must be paid a living wage Fate of ne less than $11.62-p 2.26 per hQUF, OF a living wage Fate of RG less th@R $43.89 PeF houi: with Effa*e januaFy 4, 2049, GeveFed ampleyees FAus! be paid a Wing wage Fate ef Re less than $11.70-p benefi#s: ts Gf at least $2.74 P6F hour-, oF a loving wage Fate of no less than $4 4.4 4 per hol irwith banafits- Weelive januai;y 4, 2020, GgveFed employees mu8l; be paid a living wage Fate of ne 1988 than $11.78-p health A-2—ra- h-e—Refits A -f At least $9.22 P8F hGUF, GF a liViF19 Wage Fate 9f Re 1968 than$15.99 POF heuF witheW 3enefits. wage Fate and health GaF8 138fieft FaI9 May, by Reselugen ef the Gity GemmiesiGFI be !RdeMd aAAWall�y . ., of 1 nl.n. t6. nrnn..A— — --i i -A— . k-[1 --A 0-- ---n MO Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractors employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? F71 YES 0 NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees FUn YES 0 NO C. Please check all benefits that apply to your answers above and list in the 'other' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Firm does not Employees with Provide Benefit Domestic Partners Health t/ Sick Leave s. -- Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no Insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your. Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http:/Auww.miamibeachfi.clov/city-hall/procuremenUorocurement-related-ordinance- and-procedures/ RFQ 2018 -183 -KB 21 388 Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, 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 proposals, 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. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender Identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBM17TAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code (°Fair Chance Ordinance"), and which, among other things, (1) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record May not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Rec 1 Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. RFQ 2018 -183 -KB 22 389 a A 1 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviates from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2018 -183 -KB 23 390 i\>Mtvl i BEACH -4 I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Nameoff PProposer's Authorized Repr�esentatiive::, Title of Proposer's Authorized Representative: (� Signature of se ' qr¢e r sentativeU: Date: vL. State of FLORIDA ) On this2( day of J'fLA-: 201 X personally } appeared before me IZt?s-Snyt^ who County of stated that (s)he is the © , f -r, -C- b(L . of FA(2.AWnn.l &XIS�,•a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: N ry Public f e State of lo y C mmission Expires: c 'Pagr.a RfliE GIIM�ALE2 JR. Mary 1�jOk - state of Florida Ie"m riufon # FF 954032 M/ CoMm, Expires Feb 15, 2020 RFQ 2018 -183 -KB 24 391 o n s t r u c f 1 o n , U n I t P.O. Box 823491, Pembroke Pines, FL 33082 (954) 430-4309 CCC #1327336 CGC #042048 COMPANY PROFILE The company was formed in 1989. Since then we have built a reputation of getting the job completed for our customers with expeditious and excellent service. We hold State of Florida unlimited general contracting, roofing licenses, and Dade county demolition licenses. We are a family run company with Jeffrey and Suzanne Strump as the officers and share holders of the company. We are certified as a small minority business. We have completed many demolition projects for many municipalities. During our almost 30 years in business we have demolished many structures including homes, offices, and libraries. One of our first projects was in Aventura; we demolished a 40,000sf library for Dade County. More recently we have demolished several structures for the city of North Lauderdale, Tamarac, Dade County, Broward County, and the State of Florida. For Florida we demolished the old Pompano Farmers market's offices. In Tamarac we demolished the Piccadilly cafeteria to make way for a new fire station. In Dade County we have demolished hundreds of homes over the past years in their unsafe structure program. We have also demolished large offices and a fire station for them. The city of Miami Gardens has also had us demolish unsafe structures. In Broward County we were hired to demolish several unsafe structures including homes, churches, and the BARQ center. If you require contact information for some of our past clients please feel free to contact us for that information. 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CrganizatiordFirm Name pfovIdIM reference: C���- TG► SCJ -IIsi PWEr C ,/44 LA DFZZ. ,a4l ., ;2. -5-3,Z ,5 1 O [`rar!vrk h';.—& ✓ ~ Rain:onra d2fu. rten(ter.Acraio,(C.• e 133-13-H h-136 S", 11—C -t°' a I Contract rlo. Date services FrovICEC rrojea Amount to Vendor's role in Project: UPrlmellendor Subcon5uttar v'Subcontraracicr Vlauld you use this vendor again? P(es []NO -( Desorigtion of services provided by Vendor.' Pleasa rate your ax-padence with the Needs sai9sfa ,M EceIfent Not refsarencedVendor Improvament Appircabis 7. Vendor's Qualityof Service, Responsive El F1❑ a, b. Accuracy a Deliverables H i__.l ❑ 2. Vanda ❑ o w(peizas a. n sxpertlsa Sta b. Professionalism ❑❑ c, Turnover ❑ ❑ '"^ iness 3 TaeiPro'ectfi ❑ F -1b. Deliverables ❑ ❑ ['' ❑ d._ Project completed within budget 0 ❑ ❑✓ ❑ S. Coopemdon mrifii: a, Your Firm Subcontrachu(sy5ubconsulta�(s) Qb. 19-1o. Regulatory Agency(l--) ❑ l✓ ❑❑ AddaronalComments. tRrw&%onaddtlora:shYatraed4d)C tri e: s�rnrmR�o erf��raaauwyso�exrvett�:b Signature�� U` 395 Vendor Reference Verification Form Reference for. Paragon Construction Unlimited. Inc. Organization/Firm Name providing referents: Southwinds at Boca Pointe Condo Association, Inc. Contact Name: Mark Guasteferro Reference date: 6/26/2018 Contact Email: Contact Phone: guasmark@msn.com 716-698981 Name of Referenced Project Southwinds Boca Pointe Condo 1 & 2 Fire/Storm !Maintenance Damage Contract No. N/A Date Services Provided: dune 2016 Project Amount: S400,000 to Current Vandoes rale in Project: OPrims Vendor QSubconaultant5ubcontractor Note: Both Services provided Would you use this vendor again? ViYes ❑No Description of services provided by Vendor. Please rate your experience with the Needs Satisfactory Fa asllant Not referenced Vendor: improvement Applicable 1. Vendor's Quality of Service a. Responsive ❑ ❑ b. Accuracy ❑ � ❑ c. Deliverables ❑ ❑ Q ❑ 2. Vendors Organization: a. Stater expertise b. Professionalism ❑ ❑ ❑ c. Tumover ❑ ❑ ❑ 3. Timeliness of: Deliver a. b. Deliverables E-1 ❑� ❑ 4. Project completed within budget ❑ ❑ 0 ❑ 5. Cooperation with: a. Your Firm ❑❑ ❑❑ b. Subcontractor(s)/Subconsuitant(s) ❑ c. Reguiatory Agency(ies) ❑ ❑ ❑ 71 Additional Comments: (provide on addii ora! sheat ¢ nfi2dedi ACn'amca,;:tum. Z. Signature Date 6/26/2018 396 Vendor Reference Verification Form Reference for Paragon Construction Unlimited, Inc. Organizationrirm Mame providing reference Contat t Maros Reference date: Contact Email• , + C onlact Phone: Name of Referenced 13. Ccnlract No.- Date Services Provided: Project Amount, ..���`''-..r�.�1� _!__'"". f9._ ��bt" �r ��,.12o1,G___-_ �2t�$ �3 �l' •t'© Vendor's rola in Project: rime Vendor ❑Subconsultantf$ubconlractor Would you use this vendor again? res ❑No Deacription of services provided by Vendor. Please rate your experience with the Nandr Satiafaatnry Exco(laat Not referenced Vendor: Impravarnanl Applicabla 1 Vendor's Quality of Service kesponsive El❑ a, b. Accuracy❑ ❑ C. Deliverables ❑ ❑ F. Vendor's Organization: a. Steff expertisel: ❑ ❑Q r_ z/ ❑ b. Professionalism ❑ o. 7umover L._t ❑ _,/ 3. Timelinessa ❑ F-1 ❑ t Project a. Project b. Deliverables ❑ ❑ ❑ 4. Project completed within budget ❑ ❑ ❑ S. Cooperation with: a. Your Firm ❑ ❑ ❑ b. Subcontractor(s)lSubconsultant(s) ❑ ❑ ❑ c. Regulatory Agericy(ies) ❑ ❑ - r AddRional Commant= (prOv.da on add�orwl ahec! ii naxdQi} 397 Dar-uSign Envelope ID: 299557D5-E08A-43EE-B35C-FA2ACFF10A13 MIAMIBEACH Procurement Department, 1755 Meridian Avenue, 3b Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 1/30/2023 12:46 EST Submitted via E-mail to: paragon(cDbellsouth.net Jeff Strump Paragon Construction Unlimited, Inc. 1497 Northwest 153 Avenue Pembroke Pines, Florida 33028 Subject: INTENT TO RENEW THE AGREEMENT PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2018 -183 -KB FOR CITYWIDE DEMOLITION SERVICES ON AN AS -NEEDED BASIS. Dear Contractor: The Agreement, pursuant to RFQ No. 2018 -183 -KB (the "Agreement") between the City of Miami Beach (the "City") and Paragon Construction Unlimited, Inc. ("Contractor"), expires on July 25, 2023. The Agreement allows for an additional renewal term pursuant to Article 2, "Contract Time" of the Agreement. The purpose of this letter is to seek the Contractor's concurrence to renew the Agreement at the same terms, conditions, and pricing as set forth in the Agreement. If the Contractor agrees to renew the term of the Agreement for the additional period, please sign in the space provided below and return this document to febeperez(&_miamibeachfl.aov at the City's Procurement Department. This letter does not constitute the renewa! cf ;";:.."Z -- renew th ____renewthe Agreement, the City Manager/City Commission will"I ►,&jkiiWai, aad, if approved, the Contractor will be notified of the said renewal of Agreement under a separate notification. Should you have any questions or need additional information, please contact Febe Perez at 305- 673-7490 or febeperez(7miamibeachfl.gov. Thank you, Dac"u'3"igned by - Administrative u.c.vLSa �ui�aS C3691FBBDGAA4E0... Administrative Services Manager Please sign below as your acceptance and return this letter via email to: febeperez(cDmiamibeachfl.gov Printed Name: Signature: Title: D ( /k, Date: 398 P.O. Box 823491, Pembroke CCC#1327336 (954) 430-4309 PROPOSAL Pines, CGC Project Name: 18126 Building Demo Folio No. 31-2211-037-0001 n l t FL 33082 #042048 Sunny Isles Beach April 4, 2024 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Genesis Cuevas Demolition Paragon Construction agrees to perform the following work at 18126 Atlantic Blvd., Sunny Isles Beach: The work involved with the project shall include but may not be limited to the furnishing of all labor, materials, tools, equipment, machinery, superintendents, and services necessary for the completion of the project. The work includes demolition and removal of the 2 -story building. Call for underground locations. Remove the sinks with asbestos. Remove foundations to no more than 12" depth. Provide approximately 500 linear feet of 6' tall black chain link fence with windscreen. Remove the asphalt from the parking lot. Remove walkways and fountain. Cap sewer and water lines. Coordinate with utilities for disconnects. Site shall be left cleared of all debris and left level with any existing sidewalks. All disturbed areas of the site shall be graded and sodded with Bahia grass. The total price for the above is one hundred thirty-seven thousand seven hundred ninety dollars and no cents ($137,790.00). Authorized Signature:92-6776 Date: 4-4-2024 Acceptance of Proposal Owners Signature: Date: 399 P.O. Box 823491, Pembroke CCC#1327336 (954) 430-4309 PROPOSAL Pines, CGC Project Name: 18050 Collins Ave Folio No. 31-2211-037-0001 n I t FL 33082 #042048 Sunny Isles Beach March 19, 2024 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Genesis Cuevas Demolition Paragon Construction agrees to perform the following work at 18050 Collins Ave., Sunny Isles Beach, Old Tony Roma's: The work involved with the project shall include but may not be limited to the furnishing of all labor, materials, tools, equipment, machinery, superintendents, and services necessary for the completion of the project. The work includes demolition and removal of the interior elements of Tony Roma's building. Remove interior walls, but not structural columns. Remove all furniture, remove all flooring. Remove all hoods and leave vents through the roof undisturbed. Remove all ceilings. Leave the bathrooms and fire alarm room. Electrical and mechanical lines are to remain secured to the ceiling. From the exterior remove the steel doors, interior fencing, and bollards from the dumpster area. Remove the walk-in freezer and cooler. The total price for the above is sixty-eight thousand three hundred fifty-seven dollars ($68,357.00). Authorized Signature: 92-6776 Date: 3-19-2024 Acceptance of Proposal Owners Signature: Date: 400 CONTRACTOR ANTI -BOYCOTT CERT, WICATION on behalf of Mint Name Comp.=y Name cerfifics tha not; Com I . Participw c in a boycottof 'kmc;; and 1. Is not on the Scrutinized Companies thui,Bqy.c tj 1, Ili - In o sm st, aj id 3, 1-s- not on t ft c&ruA Ics with Activitic nizcd Comp ani -s in Sudim List', and. 4,s IS: T On the SCMfini'- , W , 'd CoMpanjL. not, s with Activifim. :'m'- the Tran. Te'arronism Seacts List; and S. � In In ,Ha -,*S-' not empsed busi cm5 operaticus " Cuba or n'a. Title Date I =07NUM71 ir. r4 AT, Fk6U SMUO 441320 dam, ft -CLS all publk aniftera..Induding munaid I efigRNT -- po quvwnmau, ia ve 4yraid now POW Omp"as -thmuoh the U,&- DeparWraffl of �; S@cwWsLE,-- Vaify I P mid fialwpvyWas tMI'a pu 10 umplmay ay pjOtenkwqnb a Cw*WUMM aac;hpady . . -bl la ft- w*ad redsun vah mid, ums ft, r ;-vvrvy!sj%i;rn. C fi�-V-�zmh h. i'h In Wmrdmm %ft Fkwida Qn aN # rs n catmdudoing: bLmk-uessvert fth, of, S L Be -Ch we MV=ked 20 v" OMPIOY" eflgbift I wing 1he le-Ve*, - -- e c4ty mny %111�5 SYU= Rw 2D existmigand romw Om&Y*ft NrW by VO wftm during 1he 00*aCt temL Fuftw. 2* we - m a MLa also wq" aw affidar4 d ft sW=ntadcM it J$. rWpMbMy cl 9% awwded varmgjar to ffimm COMOMM V -4th E—V" FKubwonts. (asappleabla). Lrd enmO in E -V ", pinta E -V"-' WVIAftMAMAWWWS•VIC[LIATAMIDIR WW foillow 'ism 1nsVuCVbnLTh*cw*acWm -9 usL as LMA WOW the I dem for [nspectoL STaffafiNg)OLrstra- Dwe bebw you.he, bY aftmftt Ytw wil comply wfth E-Vergy m wmaqts� -Cj L!j'-' J '11W -7P if ir P ft, NWM' JIL, Fe tjja' 'Cjjl� N1 Dow • A�• 10 ard subsU*ed befw- ft* M INS M& day of, •-4, Ell 1 1 I of IftnUffmilan produced. Iv- "71 / - c3tendw.; 4", AM" J"Ll-IT"SwIft-COV, M F-VIM11 a 0. Vow -115 f,rTM 4F 5.'Jn }.�C City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: April 18, 2024 RE: Approval an Agreement with Paragon Construction Unlimited for Demolition of the Interior of the City Annex Building and the Demolition of the Richelieu Building RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach (SI B) is in need of a contractor to perform demolition work at two (2) city - owned properties, located at 18126 Atlantic Blvd. (Richelieu Building) and 18050 Collins Avenue (Annex Building). The City of Miami Beach (Miami Beach) issued Request for Qualifications (RFQ) No. 2018 -183 -KB "Citywide Demolitions Services on an As -Needed Basis," and in July 2019, an Agreement with Paragon Construction Unlimited, Inc. (Contractor) for an initial three (3) year term, terminating on July 24, 2022, with the option to renew for two (2) additional one (1) year terms. Prior to expiration of the initial term, Miami Beach exercised its options to renew its Agreement through July 24, 2024. Utilizing the terms and conditions and pricing offered to Miami Beach, SIB wishes enter into an Agreement with the Contractor to demolish the interior of the Annex Building and demolish the Richelieu Building, in a total amount not to exceed $226,761.70, which includes an amount of $20,614.70 for contingency. ADDITIONAL INFORMATION: Item Number: 10.G 321 Pursuant to the City's procurement code provisions, purchases made under state, county, or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures. Copies of the complete contract documents are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in account no. 140-4-5150-463000-00000 and account no. 300-5-5390- 465000-28001. ATTACH M E NTS: Resolution Agreement Item Number: 10.G 322