HomeMy WebLinkAboutReso 2017-2715 RESOLUTION NO. 2017- 2-1 IS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT
OR MEMORANDUM OF UNDERSTANDING WITH MIAMI-
DADE COUNTY FOR THE PROCUREMENT AND
INSTALLATION OF A REGIONAL HYBRID SKATE PARK AND
PUMPTRACK AT HAULOVER PARK, PROVIDED SAID
AGREEMENT IS FIRST REVIEWED BY THE CITY ATTORNEY
AS TO FORM AND LEGAL SUFFICIENCY; AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, providing outdoor recreation activities for youth is a major priority of the
City Commission; and
WHEREAS, on June 12, 2016 the City permanently closed the skate park previously
located at Town Center Park and began looking for an alternative location; and
WHEREAS, several nearby local governments including the Village of Bal Harbour, the
Town of Bay Harbor Islands, the Town of Surfside, the City of Miami Beach, and Miami-Dade
County are embarking on an initiative to formulate a regional hybrid skate park and pumptrack at
Haulover Park in Miami-Dade County; and
WHEREAS, due to the geographic space limitation of the City, a regional hybrid park and
pumptrack at Haulover Park is a logical proposal as it also creates a sense of community and
mobility between the coastal communities in the region; and
WHEREAS, the City Commission wishes to grant the City Manager the authority to enter
into an Interlocal Agreement or Memorandum of Understanding for the procurement and
installation of a regional hybrid skate park and pumptrack at Haulover Park in Miami-Dade County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authority to the City Manager. The City Commission hereby grants the City
Manager with the authority to enter into an Interlocal Agreement or Memorandum of
Undertsanding for the procurement and installation of a regional hybrid skate park and pumptrack
at Haulover Park in Miami-Dade County, provided that said agreement is first review by the City
Attorney as to form and legal sufficiency.
2017-Interlocal Agmt w MDC for Skate Park at Haulover Page 1 of 2
Section 3. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective .pon .,doption.
PASSED AND ADOPTED this 20th day of J ly, 20 .
George Scholl, Mayor
ATTE`T:
0 '— li . n 1
N Maurici o Betancur,:,Acting City Clerk
tI. t ;,
°�6�APPRO ED ITO FORM
/AND LE, ASUFEICIENCY:
4' / j„.t_ _ .
.14'i Iliti
1 .
'a s 0 inot, City Attorney
Moved by: CMUNI. 1 A-rm.
Seconded by: Vtz Ito k(Oe- 615aVvl
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman V (Yes) (No)
Commissioner Aelion- pit- (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin /(Yes) (No)
2017-Interlocal Agmt w MDC for Skate Park at Haulover Page 2 of 2
•
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NY+5`6'4 City of Sunny Isles Beach
F; 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
iP 9) 1.60,%<:1 5P.� (305)947-0606 City Hall
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or svK ''`� (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 7/20/2017
Approving an Agreement with American Ramp Company
RE: to Design/Build a Regional Hybrid Skate Park at
Haulover Park
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
The City, in partnership with the neighboring communities of Bal
Harbour, Bay Harbor Islands, Miami Beach and Surfside, desires to
build a hybrid skate park at Haulover Park for the benefit of our
collective residents and visitors. This project fulfills a goal set by the
City Commission to relocate the small City skate park, formerly at Town
Center Park, to the larger county owned Haulover Park.
American Ramp Company(ARC) has been awarded the National Joint
Powers Alliance (NJ PA) contract which authorizes the City to procure
with them for this project. ARC has .the experience and expertise to
design and build an innovative hybrid skate park that would include a
pump track and plaza type skate park.
This resolution seeks the authority for the City Manager to enter into an
agreement with American Ramp Company to Design Build a Hybrid
Skate Park at Haulover Park that will meet the needs of the partnering
communities.
ADDITIONAL INFORMATION:
147
The above mentioned partner municipalities shall each contribute
$50,000 towards the execution of this project for a total contribution of
$200,000. The City will fund the balance out of the Capital
Improvement Program fund that was approved in Fiscal Year 2015-
2016 up to $150,000. The estimated agreement for this Design Build
portion is not to exceed $276,733.13.
FUNDING SOURCE:
Funding for this agreement is partially funded by donations from
partnering municipalities in the total amount of $200,000. The balance
to be paid by the City is budgeted for and available in the Capital
Improvement Program budget number 300-6-5720-465000-75002.
ATTACHMENTS:
Description
Resolution
Agreement
Item Number: 10.F.
•
•
4110
148
INTERLOCAL AGREEMENT
FOR 958—�8
HAULOVER PARK
This Interlocal Agreement ("AGREEMENT") is entered into by and between Miami -Dade County
("COUNTY"), a political subdivision of the State of Florida, and the City of Sumry Isles Beach, Florida
("CITY"), a Florida municipal corporation, on the 114 day of j4ja jA I'L 2018 pursuant to
Resolution k9- passed and adopted by the Miami -Dade Board of Counly Commissioners on the 0?4w
day of (9GfD e e , 2018, and pursuant to Resolution No. 2017 -2715 attached herein as Exhibit 3, passed
and adopted by the CITY on the 201i day of June, 2017, for the donation of a multi -use skate park at Haulover
Park ("SKATE PARK"), see Exhibit "1".
WITNESSETH:
WHEREAS, the COUNTY, through its Parks, Recreation, and Open Spaces Department ("PROS"),
operates and maintains Haulover Park ("PARK") as a countywide park to provide recreational facilities,
programs, and services to COUNTY residents; and
WHEREAS, the COUNTY, in the interest of increasing public access to certain parts of Haulover
Park, desires to allow the CITY to make improvements to a certain portion of the park as noted on Exhibits
1 and 2 in a marmer that does not adversely impact recreational program accessibility and as directed and
approved by PROS; and
WHEREAS, the CITY, pursuant to Resolution No. 2017-2716 appropriated $276,733.13 for the
development of the SKATE PARK and competitively awarded a contract between the CITY and American
Ramp Company (the "Contractor") for the development of the SKATE PARK, which contract is attached
as Exhibit 4; and
WHEREAS, it is in the best interest of the COUNTY to accept the donation from the CITY of the
SKATE PARK; and
WHEREAS, Section 163.01, Florida Statutes, the `Florida Interlocal Cooperation Act of 1969,"
authorizes local government units to enter into Interlocal agreements for the mutual benefit of said
governmental units; and
WHEREAS, Sections 166.021 and 125.01, Florida Statutes, authorize the COUNTY and the CITY
to exercise any power for municipal purposes, except when expressly prohibited by law; and
NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants
hereinafter set forth, the parties agree as follows:
Recitals, Findings and Purpose.
The recitals and findings set forth above are hereby adopted by reference and incorporated herein in
the following Articles as if fully set forth in this section.
The purpose of this AGREEMENT is to memorialize the agreement between the parties regarding the
donation of the SKATE PARK as defined and depicted in Exhibit "1" which is incorporated herein by
Page 1 of
reference. This AGREEMENT is not intended to and does not serve to create an interest in land in Haulover
Park in favor of the CITY and merely a grant of access to allow the CITY to improve Haulover Park in
accordance with the terms set forth herein. The term of this AGREEMENT shall be for the duration of the
construction of the SKATE PARK and, except for any covenants that specifically survive the expiration of
this AGREEMENT. This AGREEMENT shall expire once the construction of the SKATE PARK is
completed. The CITY shall have no further legal responsibility or liability upon completion of the Skate
Park, with the sole exception of any express covenants herein that specifically survive expiration of this
AGREEMENT.
2. Development of the SKATE PARK
a. Condition of the Construction Site within PARK. The area to be developed by the CITY as the
SKATE PARK is depicted in the diagram on Exhibit 1 and shall be referred to herein as the
"Construction Site." The Construction Site shall be used by the CITY and its Contractor for staging
and construction of the SKATE PARK in accordance with the terms and conditions of this
AGREEMENT. The COUNTY makes no representations or warranties to the CITY as to the site or
environmental conditions of the Construction Site nor of its suitability for development of the SKATE
PARK. CITY acknowledges and accepts the Construction Site "as is" and understands and agrees
that it shall be solely responsible for all site conditions encountered at the Construction Site during
development of the SKATE PARK and shall be responsible for addressing same during construction.
b. The CITY will, at its sole cost and expense, including any cost overruns, design, permit and build
all the SKATE PARK improvements on the Construction Site to the standards, latest applicable
building codes and regulations, and in accordance with the County approved Final Plans (as such
term is defined below).
C. The CITY agrees to complete the construction of the SKATE PARK within 180 days ("Date of
Completion") after execution of this AGREEMENT. The Date of Completion shall extend
automatically by the number of weeks that the construction of the SKATE PARK has been delayed
by weather conditions. The CITY may request an extension of the Date of Completion if it
experiences unforeseen delays in the work, by submitting a written request for extension to the
COUNTY. The COUNTY shall not unreasonably withhold the request for a time extension by the
CITY, provided that in no event shall the time to complete construction of the SKATE PARK extend
beyond a maximum time period of 360 days after execution of this AGREEMENT. Construction of
the SKATE PARK shall be deeme.�/to have been completed once all of the work upon the
occurrence of all of the following: (i) Contractor has signed and delivered to the City a certificate of
final completion in accordance with the Final Plans at such time the City shall provide the County a
copy of such certificate; (ii) punch list items for the SKATE PARK have been completed; and (iii)
CITY has achieved Final Completion of the work in accordance with the requirements of Section 5
of this AGREEMENT.
d. The CITY shall have no further legal responsibility or liability with regards to designing and/or
developing the SKATE PARK once Final Completion of the SKATE PARK, as defined in the
AGREEMENT between the CITY and Contractor is completed.
Page 2 of5e6 7
3. Maintenance and Operation of the SKATE PARK:
a. The COUNTY shall maintain and operate the SKATE PARK as a public park consistent with its
maintenance and operation of other COUNTY parks, including that the SKATE PARK shall be
operated and maintained for the use, enjoyment and recreation of all members of the public and there
shall be no preference or discrimination on the use of the SKATE PARK based on a person's
residence within Miami -Dade County.
b. The COUNTY may, consistent with its operations of other COUNTY parks and facilities and its
approved policies and fee schedules, allow the exclusive reservation and use of the SKATE PARK
for limited durations for certain events. Nothing contained in this AGREEMENT shall be deemed to
limit the COUNTY's ability to operate, manage and maintain the SKATE PARK in accordance with
COUNTY policies and consistent with other COUNTY parks and in the manner that the COUNTY
deems to be in the best interest of the residents of Miami -Dade County. The COUNY shall provide
the CITY the hours of operation for the SKATE PARK. If the hours of operations are revised, the
COUNTY shall obtain the consent of the CITY. The CITY shall not unreasonably withhold its
consent. Closing the SKATE PARK by the COUNTY for any period more than a week shall require
the consent of the CITY.
c. This Section 3 shall survive the expiration of this AGREEMENT.
d. The CITY shall have no legal responsibility or liability with regards to maintaining and/or operating
the SKATE PARK once Final Completion of the SKATE PARK, as defined in the AGREEMENT
between the CITY and Contractor, is completed.
4. Construction of Improvements
a. Prior to the commencement of any improvements by the CITY or the purchase of any materials or
supplies for the SKATE PARK, the CITY shall cause its Contractor to furnish the COUNTY with a
payment and performance bond issued in accordance with Section 255.05, Florida Statutes, in
substantially the form attached hereto as Exhibit "5 ". The bond shall be that of a responsible surety
company qualified under the terms of the AGREEMENT, licensed to do business in Florida, in
amounts not less than the total cost of the work, as determined by the COUNTY and shall remain in
effect until the entire cost of the CITY Contractor's work shall have been paid in full. The payment
and performance bond shall name the CITY and the COUNTY as dual obliges and beneficiaries
thereof. The bonds shall provide the following, without limitation;
1) That a payment bond in an amount not less than the cost of construction of CITY Contractor's
work is obtained that is conditioned to secure the completion of CITY's work free from all liens
and claims of contractors, subcontractors, mechanics, laborers and material; and
2) That a performance bond in an amount not less than the cost of construction of CITY Contractor's
work is obtained that insures that the construction work shall be completed by the CITY, its
Contractor, on their default, the surety.
b. All construction work must meet or exceed requirements of applicable building codes in effect.
During construction, the CITY shall retain all responsibility for securing the Construction Site. The
CITY shall be solely responsible for payment of all project cost and any cost overruns. The CITY
Page 3 ofpi63
shall be solely responsible for overseeing the construction project from permitting through final
completion.
c. The CITY agrees to perform the construction work as provided herein, in compliance with all
applicable local, State, and Federal laws, including but not limited to Section 255.20 of the Florida
Statutes.
d. Before acceptance of the project, the CITY shall cause and require its Contractor to develop and
install signage that is consistent with Skatepark/Pumptruck safety rules and usage. Prior to fabrication
and installation, a draft of the verbiage shall be submitted to the COUNTY for its final approval.
e. The COUNTY shall be named as an express third party beneficiary of the contract between CITY
and its Contractor prior to commencement of any work and the CITY shall provide a copy of the
construction contract with the Contractor to the County within ten (10) days of this AGREEMENT
and prior to the commencement of construction.
f The CITY shall have no further legal responsibility or liability with regards to constructing any
Improvements on the SKATE PARK once Final Completion of the SKATE PARK, as defined in the
AGREEMENT between the CITY and Contractor, is completed.
5. Project Design
a. Testing: CITY shall coordinate with COUNTY personnel any necessary access to the site for testing
purposes and obtain authorization prior to conducting such tests. All areas disturbed by any tests shall
be restored and/or stabilized to COUNTY's satisfaction.
b. 15% Plans. When 15% of the overall design of the SKATE PARK has been completed (i.e., Concept
Plans and including site layouts), CITY shall submit two copies of'such Preliminary Plans to PROS
for review, to insure conformity with Proposed Concept Plans shown in Exhibit I and the Haulover
Park approved general plan hereby included in Exhibit 1B. The Preliminary Plans must be prepared
by an architect or engineer licensed to practice in the State of Florida. If the COUNTY has any
comments and/or proposed modifications to the Preliminary Plans, the COUNTY shall provide
comments and/or proposed modifications in writing to the CITY within fifteen days (15) calendar
days from the date of submittal of the Preliminary Plans. CITY shall incorporate said comments into
a set of revised Preliminary Plans to be reviewed and approved by the County.
c. 50% Plans and Specifications. The 50% Plans and Specifications shall be based on the approved
Preliminary Plans and shall show without limitation any/all work to be performed in the field,
including site plans; architectural, structural, grading, and drainage plans, signage and all other
disciplines engaged in the development of the construction documents of the SKATE PARK. CITY
shall provide PROS sufficient information to enable PROS to make an informed judgment about the
design and quality of construction. Within fifteen (15) calendar days after PROS receives the 50%
Plans and Specifications, PROS shall either approve them or deliver to CITY specific corrective
comments. CITY shall resolve all comments and requests for modifications by PROS to the 50%
Plans and Specifications and obtain written approval from PROS prior to proceeding with the
development of the Final Plans.
Page 4 ofml 6'3
d. Final Plans. CITY shall prepare and deliver to PROS a complete set of the final plans and
specifications which shall show without limitation any/all work to be performed in the field, including
site plans; architectural, structural, grading and drainage plans, signage and all other disciplines
engaged in the development of the construction documents and completed technical specifications;
all sufficient to enable PROS to make an informed judgment about the design and quality of
construction and with sufficient detail so as to allow for the issuance of a building Permit (hereinafter
referred to as "Final Plans"). The Final Plans shall be based upon, and consistent with, the approved
50% Plans and Specifications. PROS shall, within fifteen days (15) calendar days upon receipt of
the Final Plans, either approve them or deliver to CITY specific corrective comments. CITY shall
resolve all comments and requests for modifications by PROS to the Final Plans and obtain written
approval from PROS prior to submitting the Final Plans to the regulatory agencies for permitting.
After the COUNTY has approved the Final Plans, the COUNTY shall not make any revisions to the
Plans.
e. Mobilization. It shall be the CITY's responsibility to ensure that all required regulatory or
proprietary permits are obtained by its Contractor(s) prior to commencement of work Once
regulatory agencies have granted all necessary approvals and a permit(s) has/have been issued to the
Contractor, CITY shall provide COUNTY with copies of each issued permit. A Pre -Construction
Meeting will then be scheduled for the CITY's Contractor to coordinate with COUNTY's personnel
managing the park in respect to access, staging area, hours of operation, etc. After the Pre -
Construction Meeting, an authorization to occupy the site will be issued by the COUNTY to the CITY
thus allowing the Contractor's mobilization for the construction phase. After the CITY approves the
construction baseline schedule submitted by the Contractor, a copy shall be provided to the COUNTY
for informational purposes.
f. Construction Phase:
a) The CITY shall provide the COUNTY with copies of all approved submittals.
b) CITY's Contractor shall carefully plan and coordinate his/her activities to minimize any
adverse impact or disruptions to the COUNTY's operations and the patron's ability to safely
access and use the facility and/or secondary amenities/facilities (such as restrooms; water
fountains; vending machines; etc.)
c) CITY's Contractor shall implement and maintain specific steps/means to allow for such uses
and to prevent any hazards to patrons throughout the construction period. CITY's Contractor
limits of work should be properly fenced, and control over the points of access (such as gates,
etc.) should be maintained by CITY's Contractor at all times and always secured at the end
of each work period.
d) CITY's Contractor shall provide means for maintaining free, safe, and uninterrupted access
to the existing facility where work will be taking place and surrounding spaces must be safely
maintained at all time.
e) CITY's Contractor shall confine all permanent storage of materials and/or equipment to the
assigned construction area(s).
Page 5 of,mr C3
g. Project Closeout. At the time of substantial completion, CITY shall advise PROS to participate in
the substantial completion walk thin in order to jointly complete the punch list items. Before Final
Completion can be achieved, all work must be completed and accepted by both the CITY and the
COUNTY and the following documents must be attached to the Document Closeout:
I . Completed Punch List(s)
2. Electronic copy in pdf format of final approved Operation and Maintenance (O&M) Manuals.
3. As -Built drawings converted to accurate Record Drawings.
4. Written certification signed by the Owner of delivery.
5. Delivery of all warranties required by the Contract Documents
6. All approved building permits and other code certifications.
7. Final and Unconditional Releases of Lien (or a Final Consent of Surety) from City's Contractor.
8. Final and Unconditional Releases of Lien from any vendors, subcontractors, mechanics,
laborers, material suppliers, etc. that filed a Notice to Owner for the project.
h. The CITY shall coordinate with their Contractor to ensure that any requests for warranty work
produced by the COUNTY are timely addressed pursuant to the warranty period established in the
CITY's contract.
i. The CITY shall have no further legal responsibility or liability with regards to Project Design of the
SKATE PARK once Final Completion of the SKATE PARK, as defined in the AGREEMENT
between the CITY and Contractor, is completed.
6. Indemnification
CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and
instrumentalities fiom any and all liability, losses or damages, including attorney's fees and costs of
defense, which COUNTY may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the negligent performance
or breach of any terms and conditions of this AGREEMENT by CITY. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes,
subject to the provisions of the Statute whereby CITY shall not be held liable to pay a personal injury or
property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim
or judgment or portions thereof, which when totaled with all other claims or judgments paid by the
Provider arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise as a
result of the negligence of CITY. It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the COUNTY for the COUNTY's own negligence or breach of its
obligations under this AGREEMENT. It is further understood and agreed that the CITY's indemnity
obligations do not extend beyond the date of Final Completion of the SKATE PARK, as defined in the
AGREEMENT between the CITY and American Ramp Company ("Contractor") to design and build the
SKATE PARK. The CITY shall require its Contractor to indemnify and hold harmless the COUNTY
and its officers, employees, agents and instrumentalities from any and all liability, losses or damages,
which COUNTY may incur as a result of claims, demands, suits, causes of actions or proceedings of any
kind or nature arising out of, relating to or resulting from the work undertaken by the Contractor at the
PARK.
Page 6 01X 63
COUNTY shall indemnify and hold harmless the CITY and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, which CITY may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to
or resulting from the negligent performance or breach of any terms and conditions of this AGREEMENT
by COUNTY. Provided, however, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statutes, subject to the provisions of the Statute whereby COUNTY
shall not be held liable to pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which when totaled
with all other claims or judgments paid by the Provider arising out of the same incident or occurrence,
exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses
or causes of action which may arise as a result of the negligence of COUNTY. It is specifically
understood and agreed that this indemnification clause does not cover or indemnify the CITY for the
CITY's own negligence or breach of its obligations under this Agreement.
7. Insurance
CITY shall make sure all pertinent and proper insurances are carried by Contractor during the term of this
Agreement up to and including the date of Final Completion of the SKATE PARK, as defined in the
AGREEMENT between the CITY and the Contractor to design and build the SKATE PARK. Upon the
date of Final Completion, the CITY shall have no further legal responsibility or liability with respect to
providing insurance coverage.
8. Default and Cancellation
a. If the CITY in any manner violates the covenants and conditions of this AGREEMENT for any other
reason that would place the CITY in default, and does not correct the violation within thirty (30) days
after receiving written notification from the COUNTY, or has not provided the COUNTY with a
written response within thirty (30) days after receiving said written notification indicating the status
of why the CITY cannot correct the violation within the thirty (30) days, then this AGREEMENT
may, at the option of the COUNTY, and upon ten (10) days additional written notice to CITY, be
cancelled forthwith without payment or compensation to CITY.
b. If the COUNTY in any manner violates the covenants and conditions of this Agreement for any other
reason that would place the COUNTY in default, and does not convect the violation within thirty (30)
days after receiving written notification from the CITY, or has not provided the CITY with a written
response within thirty (30) days after receiving said written notification indicating the status of why
the COUNTY cannot correct the violation within the thirty (30) days, then this AGREEMENT may,
at the option of the CITY, and upon ten (10) days additional written notice to COUNTY, be cancelled
forthwith without payment or compensation to COUNTY.
The Mayor, or his designee, shall be the party designated by the COUNTY, and the City Manager, or his
designee, shall be the party designated by the CITY, to grant or deny all approvals required by this
AGREEMENT, or to terminate this AGREEMENT.
9. Notices
All notices or other communications which shall or may be given pursuant to this AGREEMENT shall be in
writing and shall be delivered by personal service or by certified mail addressed to the parties at their
respective addresses indicated below, or as the same may be changed, in writing, from time to time. Such
Page 7 ofX 6-3
notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
To the CITY: City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
With a copy to: City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
To the COUNTY: Mayor, Miami -Dade County
Stephen P. Clark Center
111 N.W. First Street, 29th Floor
Miami, Florida 33128
With a copy to: Director
Miami -Dade County Parks, Recreation, and Open Spaces Dept.
275 N.W. 2nd Street, 5th Floor
Miami, Florida 33128
10. Assignment
Neither party shall assign, transfer, sublet or subject this AGREEMENT or its rights, title, or interest
thereupon without the other party's prior written approval, to be given in the sole discretion of such party.
11. Governing Law, Venue and Dispute Resolution
The validity, construction, and effect of this AGREEMENT shall be governed by the laws of the State of
Florida. Any claim, objection, or dispute arising out of the terms of this AGREEMENT shall be litigated in
for a court of competent jurisdiction in Miami -Dade COUNTY, Florida. The parties shall resolve any
disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida
Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended.
12. Force Majeure
CITY and COUNTY will be excused from the performance of their respective obligations under this
Agreement when and to the extent that their performance is delayed or prevented by any circumstances
beyond their reasonable control including but not limited to, fire, flood, explosion, strikes or other
labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or
omission of any governmental authority, delay or failure or shortage of any type of transportation,
equipment, or service from a public utility needed for their performance, provided that:
(a) the non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the occurrence
and its expected duration and continues to furnish timely reports thereto during the period of
Page 8 of� 63
the Force Majeure;
(b) the excise of performance is of no greater scope and of no longer duration than is required
by the Force Majeure;
(c) no obligations of either party that arose before the Force Majeure causing the excuse of
performance are expected as a result of the Force Majeure; and
(d) the non-performance party uses its best efforts to remedy its inability to perform.
13. Construction of Agreement
The terms and conditions herein are to be construed with their common meaning to effectuate the intent of
this AGREEMENT. All words used in the singular form shall extend to and include the plural and all words
in the plural form shall extend to and include the singular. All words in any gender shall extend to and
include all genders.
14. Entire Agreement, No Oral Modification
This AGREEMENT represents the entire and integrated AGREEMENT between COUNTY and CITY, and
supersedes all prior negotiations, representations or agreements, either written or verbal. This
AGREEMENT may only be amended by written instruments signed by both COUNTY and CITY and may
include other services only if directly related to the intent and scope of this AGREEMENT. The failure of a
party to insist on strict performance of any terms of this AGREEMENT shall not be construed as a waiver
and relinquishment for the future of any term, condition or election but the same shall remain in full force
and effect.
15. Severability
In the event any paragraph, clause or sentence of this AGREEMENT or any future amendment is declared
invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the
AGREEMENT and the balance of the Agreement shall not be affected by the deletion thereof, provided to
do so would not render interpretation of the lease provisions ambiguous or a nullity.
16. Recording of Agreement
It is agreed that this Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, as
required by Section 163.01(l 1), Florida Statutes.
17. Effective Date
This AGREEMENT shall become effective upon the execution by the COUNTY and the CITY.
18. Shannon Melendi
CITY and its Contractors shall comply with Miami -Dade County Ordinance No. 08-07, Chapter 26, "Miami -
Dade County Park and Recreation Department Rules and Regulations, Article Ill, The Shannon Melendi
Act." The CITY shall ensure that all CITY and its Contractor's management, staff, volunteers, and
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subcontractors performing services at Haulover Park on behalf of the CITY and its Contractors in connection
with this Agreement:
a. Have had nationwide criminal background checks conducted by a Professional Background
Screener;
b. Have been screened through the Florida Department of Law Enforcement Sexual Predator/Offender
Database, and a check of the National Sex Offender Public Registry;
c. Have been verified as being United States Citizens or having legal immigrant status employment;
and
d. Wear picture identification at all times while on County property and when in direct contact with
patrons and the general public.
e. Retain all records demonstrating compliance with the background screening required herein for not
less than three years beyond the end of the contract term. The CITY shall provide the COUNTY
with access to these records annually, or at the request of the COUNTY.
(Signatures on next page)
Page 10 ofX �3
IN WITNESS WHEREOF, Miami -Dade County and the City of Sunny Isles Beach, have caused
theses presents to be executed in their respective names, by proper officials, the day and year
first above written.
Jerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF S
FLORIDA,
State ofFloF
Lo
BEACH,
ivision of the
George Y. Scholl, Mayor
The foregoing instrument was acktiowledged before me this I( -d-ay of 'rh�, 2018, by
C urgQ fl—, Sc A rJ /) , who is personally known and who being duly sworn, deposes d says that
the aforementioned is true and correct to his or her best knowledge.
Notary Public:
Commission: 3
"""'••• LU2 NEY
4 Notary Public • Blata of Florida
Commission M FF 201113
`" • o`' My Comm. Expires Mar 10, 2019
Bonded through Natlonal Notary Assn.
County Clerk
MIAMI -DARE COUNTY, FLORIDA, a
political subdivision of the State of Florida
�(By:
(�
Cc ayor
Approved for legal sufficiency � • �(... • , ;
Morded Rizo Perez, Assistant County Attorney
Page 11 oflmr 63
C� a fjl
w) .I L)
wvp-.e
� LO[,TON YAP
Exhibit'I
Haulovor Park Skatepark/Pumptrack :!to
SITE
2
/
PERPETUAL EASEMENT LINE -STATE RD DEPT_ 4
+ o / ^+f I- I ,• ice• -
X TG
y 4 /
PALM (T
^ J2 PALMS YPJ '
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'rb
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A
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DOG PARK 1 fiw
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9
HAULOVER PARK
Page 12 of O' 6 3
>
HYBRID-
S
/J` /
SKATEPARK/
PUMPTRACK
iti
FUTURE
PLANTINGS
SITE
/ .
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DOG PARK 1 fiw
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9
HAULOVER PARK
Page 12 of O' 6 3
CAIIIUR Io
D
a 1 G
11 �
V
I / I
City of Miami
Haulover Park Miami Dade Hybrid Park
Plan 10800 Collins Ave, Miami, FL 30154
63
P
Welo3olutllon3
Exhibit 2
Improvements by CITY
Design, Permitting and Construction of the Skatepark/Pumptrack in compliance with all applicable
codes
2. Demolition and removal of any existing facilities within the construction site area
3. Site work and installation of new utilities necessary for new construction
4. Purchase, delivery, and installation of all elements required to deliver the intent of the work under this
Agreement.
Page 14 of� o
Coversheet Exhibit 3 Page I of 1
City of Sunny Isles Beach
1B070 Collins Avenue
I
Sunny Isles Beach, Florida 33160
o•' 'u� (306) 947-0600 City Hall
•' "f�^Y� '�' (306)949-3113Fax 10
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 7/2012017
Authorizing the City Manager to Enter Into an Interlocal
RE: Agreement or Memorandum of Understanding with
Miami -Dade County for the Regional Hybrid Skate Park
and Pumptrack at Haulover Park
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
The attached resolution Is to authorize the City Manager to enter Into
an Interlocal Agreement or a Memorandum of Understanding with
Miami -Dade County for their acceptance of this hybrid Skate Park at
Haulover Park. This agreement or MOU will relieve the City and our
municipal funding partners of the liability of operating the Skate Park
and will clearly define our role as a funding source only.
ADDITIONAL INFORMATION:
When the City closed the small Skate Park at Town Center Park,
funding was allocated and the direction given to pursue a larger,
regional slate park at the more spacious, county owned Haulover
Park. In cooperation with the county, the project grew in size and cost.
Having successfully recruited other municipalities to contribute
financially through a joint partnership, the City of Sunny Isles Beach is
taking the lead to procure the Haulover Park Hybrid Skate Part(
project.
ATTACHMENTS:
Description
Resolution
Item Number:lO.E.
Page 15 ofX 63 �n Ir.)
htti)s://sunlivisles.iiovusaizenda.com/aaendanublic//Covet.Sliect.ast)x?lteniID=2175&Meet... 10/25/9,0t.71 ' b
RESOLUTION NO. 2017- 2-115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT
OR MEMORANDUM OF UNDERSTANDING WITH MIAMI-
DADE COUNTY FOR THE PROCUREMENT AND
INSTALLATION OF A REGIONAL HYBRID SKATE PARK AND
PUMPTRACK AT IIAULOVER PARK, PROVIDED SAID
AGREEMENT IS FIRST REVIEWED BY THE CITY ATTORNEY
AS TO FORM AND LEGAL SUFFICIENCY; AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, providing outdoor recreation activities for youth is a major priority of the
City Commission; and
WHEREAS, on June 12, 2016 the City permanently closed the skate park previously
located at Town Center Park and began looking for an alternative location; and
WHEREAS, several nearby local governments including the Village of Bat Harbour, the
Town of Bay Harbor Islands, the Town of Surfside, the City of Miami Beach, and Miami -Dade
County are embarking on an initiative to formulate a regional hybrid skate park and pumptrack at
Haulover Park in Miami -Dade County; and
WHEREAS, due to the geographic space limitation of the City, a regional hybrid park and
pumptrack at Haulover Park is a logical proposal as it also creates a sense of community and
mobility between the coastal communities in the region; and
WHEREAS, the City Conunission wishes to grant the City Manager the authority to enter
into an Interlocal Agreement or Memorandum of Understanding for the procurement and
installation of a regional hybrid skate park and pumptrack at Haulover Park in Miami -Dade County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authority to the City Manager. The City Commission hereby grants the City
Manager with 'the authority to enter into an Interlocal Agreement or Memorandum of
Undertsanding for the procurement and installation of a regional hybrid skate park and pumptrack
at Haulover Park in Miami -Dade County, provided that said agreement is first review by the City
Attorney as to form and legal sufficiency.
2017- Interlocal Agmt w il4DC for Skate Park at Haulover Page 1 of 2
Page 16 ofy6 &J
Section 3. Authority of the City anager and City Attorney, The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become
Vote:
PASSED AND ADOPTED this 20th day of yily, 20
%rl'O FORM
ISUFFICIENC
City Attorney
Mayor Scholl
Vice Mayor Goldman
Commissioner Aelion- Wor�0T
Commissioner Gatto
Commissioner Svechin
George FY Scholl, Mayor
Moved by: �gm',A6 � 3a �
Seconded 1
by: ` C'e V OW- a0�mo
(Yes)
(No)
(Yes)
_(No)
(Yes)
_(No)
(Yes)
(No)
,/'(Yes)
—(No)
2017- Interlocal Agmt m TIDC for Skate Pack at Haulover Page 2 oF2
Page 17 ofAj
Covet sheet Exhibit 4 Page 1 of I
TO:
City of Sunny isies Beach
FROM:
Christopher J. Russo, City Manager
DATE:
18070 CollinsAvenue
Approving an Agreement with American Ramp
of".
Sunny Isles Beach, Florida 33160
at'Haulover Park
(306)947.0606Clityfai Hall
(306)949-3173 Fax
l!
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Christopher J. Russo, City Manager
DATE:
7/20/2097
Approving an Agreement with American Ramp
RE;
Company to DesignlBuild a Regional Hybrid Skate Park
at'Haulover Park
RECOMMENDATIOJ:.
This resolution Is presented for your consideration.
REASONS:
The City, in partnership with the neighboring communities of Bat
Harbour, 'Bay Harbor Islands, Miami Beach and Surfside; desires to
build a hybrid skate park at Haulover Park for the benefit of our
collective residents aM visitors. This project fulfills a goal set by the
City Commission to relocate the small City skate park, formerly at
Town Center Park, to the larger county owned Haulover Park.
American Ramp Company (ARC) has been awarded the National
Joint Powers Alliance (NJPA) contract which authorizes the City to
procure with them forthisproject. ARC has the experience and
expertise to design and build an innovative hybrid skate park that
would include a pump track and plaza type skate park.
This resolution seeks the authority for the City Manager to enter into
an agreementwith American Ramp Company to Design Build a Hybrid
Skate Park at Houlover Park that will meet the needs of the partnering
communities.
ADDITIONAL. INFORMATION:
The above mentioned partner municipalities shall each contribute
$50,000 towards the execution of this project for total contribution of
$200,000. The City will fund the balance out of the`
Capital
Improvement Program fund, that was approved in Fiscal Year 2015-
2016 up to $150,000. The estimated agreement for this Design Build
pdrtton is not to exceed $276,733,93:
FUNDING SOURCE -
Funding for r this agreement is partially funded by donations from
partnering municipalities in the total amount of $200,000. The balance
to be paid by the City is budgetedfor and available in the Capital
Improvement Program budget number 300-6-5720-465000.75002.
ATTACHMENTS:
Description
Resolution
Agreement
Item Number: 10.F.
Page 18 of541' 4�2
httos://sunnyisles-novLisagenda.com/ai4endai)ublic//CoverSheet.ast)x?ItemID=2177&Meet... 10/25/2017
RESOLUTION NO. 2017- 2'116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
AMERICAN RAMP COMPANY FOR THE DESIGN/BUILD OF A
REGIONAL HYBRID SKATE PARK AND PUMPTRACK AT
HAULOVER PARK, ATTACHED HERETO, IN SUBSTANTIALLY
THE SAME FORM, AS EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE TINS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the skate park that was formerly located at Town Center Park permanently
closed the on June 12, 2016; and
WHEREAS, since then it has been one of the City Commission's goals to secure a more
suitable location for a skate park; and
WHEREAS, the City of Sunny Isles Beach ("City"), in partnership with the Village of Bal
Harbour, the Town of Bay Harbor Islands, the Town of Surfside, the City of Miami Beach, and
Miami -Dade County, desire to build a regional hybrid skate park and pumptrack at Haulover Park
for the benefit of our collective residents and visitors; and
WHEREAS, the City is now in need of a contractor for the planning, design, and
installation of a regional hybrid skate park and pumptrack; and
WHEREAS, the National Joint Powers Alliance ("NJPA"), a governmental purchasing
consortium, awarded Request for Proposal No. 030117 to American Ramp Company and the City
has the desire to enter into a contract with said company; and
WHEREAS, American Ramp Company is qualified, willing and able to provide the
desired services to the City pursuant to the pricing terms and conditions offered to the NJPA, via
Contract No. 030117 -ARC; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City now wishes to enter into an agreement with American Ranlp,
Company for the design/build of a regional hybrid skate park and pumptrack at Haulover Park, in
an amount not to exceed Two Hundred Seventy -Six Thousand Seven Hundred Thirty -Three
Dollars and Thirteen Cents ($276,733.13), attached hereto, in substantially the same form, as
Exhibit "A"
2017- laterlocal Agmt w brDC for Skate Park at Haulover Page 1 of 2
Page XorX6 j
1q
NOW 'THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Approval of Agreement. The City Commission hereby approves an Agreement with
American Ramp Company for the design/build of a regional hybrid skate park and pumptrack at
Hautover Park, in an amount not to exceed Two Hundred Seventy -Six Thousand Seven Hundred
Thirty -Three Dollars and Thirteen Cents ($276,733.13), attached hereto, in substantially the same
form, as Exhibit "A".
Section 3. Authority of the City Mana er. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date, This Resolution shall become effective
PASSED AND ADOPTED this 20th day of
George ly- Scholl, Mayor
A , .S
Maurieio Bet near, Acting City Clerk
APPROVED AS TO FORM
AN rA': S FICIENCY:
H s ttinot, City Attorney
Moved by: CO-Awl.
Seconded by: t11Cf 11`f� �Ot� �O�iAi�
Vote:
Mayor Scholl
Vice Mayor Goldman
Commissioner Aelion-A&wttr
Commissioner Gatto
Commissioner Svechin
2017- Interlocal Agrat w JMDC for Skate Park at Haulover
/ (Yes)
✓ (Yes)
(Yes)
-(Yes)
(Yes)
Page 2 of 2
PageXofXi 6g
2®
(No)
^(No)
_(No)
_(No)
_(No)
.o.,. Y,QI •• .
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND AMERICAN RAMP COMPANY
CONTRACT NO, 030.6278
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this 11 S�day ofVc`CEt1A4ai0017, by and between the CITY OF SUNNY
ISLES BEACH, Florida, (hereinafter .referred to as "City"), and AMERICAN RAMP
COMPANY, a corporation authorized to do business in the Stale of Florida (hereinafter referred
to as "Contractor") whose Federal I.D. 6 is 35-2353308.
WITNESSETH:
WHEREAS, the City of Sunny Isles Beach is in need of a Contractor for the planning,
design, and installation of a hybrid skatepark/pumptraek at Haulover Park, located at 10800
Collins Avenue ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide die desired Services; and
WHEREAS, the National Joint Powers Alliance ("N)PA") issued Request for Proposal
("RFP") No. 030117 and awarded Contract No. 030117 -ARC to Contractor for the period April
14, 2017, through April 14, 2021 to provide such services, which documents are incorporated
.herein by reference; and
WHEREAS, the City desires to enter into an agreement with Contractor, using Contract
No. 030117 -ARC in addition to the Contractor's response to RFP No. 030117, 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 governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Attachment "A", which is attached hereto and incorporated
herein by reference, fora total amount not to exceed Two Hundred Sixty -Seven Thousand Three
Hundred Seventy -Five Dollars ($267,375.00).
NOW THEREFORE, in consideration of the promises and the mutualcovenants herein
naive, the parties agree as follows:
ARTICLE 1. DEFINITIONS .
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Band and the Performance Bond issued by a surety or sureties in
accordance with the provisions of the Contract Documents.
PagelofX6-3 SIB
t
Commencement Dake means the date on which Contractor commences on-site construction of
the Project, but no later than five (5) days after issuance of the Notice to Proceed.
Contract Amount means the total sum of monies which has been agreed to between the Contractor
and the City as the total price for the construction of the Project and the performance of all services
under this Agreement.
Contract Time means the time period defined in this. Agreement for the Contractor to completo
the Work.
Contractor means the Contractor selected by the City to provide all labor, materials, equipment and
services to complete the Work described in this Agreement pursuant to NJPA Contract>No.
030117 -ARC in addition to the Contractor's response to RPP No. 030117.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shalt have the authority to obligate and
bind the Connector and to act on all matters on behalf of Contractor except for revisions to the
Contract Documents and Change Orders.
Construction Change Order means a written directive to effect changes to the Work, prepared
by and executed by the City and Contractor.
Construction Work means all Work required by this Agreement for the construction of the -
Project. The Construction Work is also referred to herein as the "Work".
Cure means the action taken by the Contractor, promptly after receipt of written notice from the
City of a breach of the Agreement, which shall be.performed at no cost to the City, to repair,
replace, correct, and/or remedy all material, equipment, or otter elements of the Work or the
Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work or the.
Project site disturbed in performing such cure.
Cuie Period means a period of seven (7) days, after receipt of written notice to cure from the City,
in which the Contractor is required to cure deficiencies in the Work or compliance with this
Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings,
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost,
Final Completion means the date certified by the City Engineer or designee that all documents
required by the Contract Documents have been received by the City Engineer; any other
documents required to be provided by Contractor have been received by City Engineer; and to
070.6178-AME[eCAN RAMP COMPANY
Page 22 ofX 6 3 s;
n. li.� l
the best of City Engineer's knowledge, information and belief the Work defined herein has
been fully completed in accordance with the terms and conditions of the Contract Documents,
Final Completion shall be evidenced by the City's issuance of a Final Certificate for Payment.
Insurance Requirements means the requirements described in this Agreement and the Contract
Documents.
Notice To Proceed means a written letter or directive issued by the City Manager or ids designee
directing that the Contractor may begin Work on the.Project or a specific task of the Project.
Project Manager means an employee or representative of the City assigned to manage and monitor
the Work to be performed under this Agreement and the construction of the Project.
Project means the design and construction and incidentals thereto,'of the project entitled
Contract No. 6178-1617-081 "Regional Hybrid SkaleparWPumpirack /nirfafive of Haulover
Park", as described in the Contract Documents,
Project Site means the area for the proposed Project in Haulover Park, located at 10800 Collins
Avenue.
Punch List means a compilation of items of Construction Work required to be performed by, or
through the Contractor after the Substantial Completion inspection and prior to Final Completion
and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI,
which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s)
requiring clarification or interpretation and why theresponse is needed. The RFI must set forth the
Contractor's interpretation or understanding of the document(s) In question, along with the
reason for such understanding.
Specifications and Plans as used herein means that portion of the Contract Documents which
are the written requirements for the materials, equipment, systems, standards and workmanship for
completion of the Work and performance of related services for this Project.
Sub -Contractors) means a person or entity other than a materialman or laborer that has a
direct contract with the Contractor to perform or supply any portion of the Work in connection
with this Project,
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate the
Project in all respects to its intended purpose. Substantial Completion shall be evidenced by the
City's execution of a Certificate of Substantial Completion.
Work as used herein' refers to all services required by the Contract Documents, including all
labor, materials, equipment, supervision and services consisting of all labor, materials,
equipment, tools, manpower, management, supervision, and all other necessary goods and
070-6178 -AMERICAN RAMP COMPANY
Page 23 ofX.6
'y L
services in connection with the "Regional Hybrid Skatepark/Purapirack Initiative at Haulover
Park" as described in the Contract Documents.
ARTICLE 2. SCOPE OF WORK
2.1 Contractor shall provide all labor, materials, equipment, tools, manpower,
management, supervision, and all other necessary goods and services to perform the following
described Work in Attachment "A", attachad hereto and made a part hereof, pursuant to the terns
and conditions set forth by the NJPA RFP No. 030117 and Contract No. 030117 -ARC, which
documents are incorporated herein by reference. This Scope of Work is for the "Regional Hybrid
SkateparklPumptracklnitlative at Haulover Park" as described in the Contract Documents.
2.2 Condition of the construction site within the Skatepark. The area to be developed by
the Contractor as the Skatepark is depicted in the diagram on Attachment "B" and shall be referred
to herein as the "Construction Site." The Construction Site shall be used by Contractor for staging
and construction of the Skatepark in accordance with the terms and conditions of this Agreement.
Neither Miami -Dade County nor the City make any representations or warranties to Contractor as
to the site or environmental conditions of the Construction Site nor of its suitability for
development of the Skatepark. Contractor acknowledges and accepts the Construction Site "as is"
and understands and agrees that it shall be solely responsible for all site conditions encountered at
the Construction Site during development of the Skatepark and shall be responsible for addressing
same during construction.
2.3 The Contractor will, in consideration for the Contract Amount, design, permit and build all
the Skatepa'rk improvements on the Construction Site to the standards, latest applicable building
codes and regulations, and -in accordance with the County approved Final Plans,
ARTICLE 3 COMMENCEMENT AND COMPLETION OF WORK
3.1 Contractor shall commence the construction portion of Work promptly upon receiving a
Notice to Proceed from the City, which notice shall be given only upon the City's approval of the
Plans and Specifications. The Contractor will obtain any required permits and licenses prior to
commencement of construction. Contractor will, from and after the date on which construction
commences, diligently and continuously perform and prosecute the Work to its completion in
accordance with the Contract Documents, and shall use their best efforts to achieve Final
Completion of the entire Project within One Hundred Eighty Days (180) calendar days after
Contractor's receipt of the City's Notice to Proceed (such date of required completion being
referred to herein as the "Final Completion").
3.2 Notwithstanding any provision contained herein which could be construed to the contrary,
Final Completion (herein so called) of the Project shall not be deemed to have occurred until and
unless (a) construction thereof is sufficiently complete so that the Project may be used by the City
and Miami -Dade County for its intended purpose, subject only to minor "punch list" -type items,
(b) all required permits, licenses, certificates of compliance, certificates of occupancy and other
approvals from the applicable governmental authorities exercising jurisdiction over the Project
shall have been issued, (c) all utilities necessary to service the Project, if included as part of
Contractor's Work, have been connected and are available for immediate use and (d) the City shall
030.6178-AMEPfCAN RAMP COMPANY
Page 24 ofxa3 ( '
have conducted an -inspection of the Project; shall hay.'e reasorobly approved of siune; and shall
have reasonably determined that till- Work has been completed substadiialty in compliance With
the Contraet<Documehts, subject only to complWon'ofpunch?list items.
ARTICLE, A CONTRACT TIME, TIMI; FOR COMPLETION
AND LIQUIDATED'DAMAOES
4,1 The Commertcomont Onto shall be nodater.lhan we (5) days'after City's issuance ofthe.,
Notice to.Proceed. contractorAnil perform the Work in accordance with the Co'ntraet Documents'
and shall achieve Substantial Completion of.the Project no tater than Ono hundred and Fifty
(150) calendai'days:from"the issuance of'ihe'Notice to Proceed ("Substantial Compleifon't),
Thereafter, Cmitragtor shall be required (o obtain Final Completion of the Project he 181Wthan
One Hundred Eighty QI o) Calendar days from thcJssuance of the N666 to'Proceed ("Final
Cotnpletiod").. -
4.2 Contractor shall complete all upplications for'tlt9 Pehniis, and subinit oll.required
documents;. includinglimitedi
but,noi n the Bondsandthe lnsomncc Cerlfficafe, within ten._(10)
oalendar'days after issuance of a`TJotice to Proceed by the City. In the event Contractor fails to
deliver to the City the required' documents within'16 (10) days.dftet Issuance. of a Notice to
proceed, or fails in apply for the Permits Within ten (10). days aRer issuance of a Notice to
Proceed, or ftils to commence the Work_.MOn five (5) days tiRef Issuance ofa Notice to
Proceed, the'ri Contractor shall be in default. In such event the Chyi. in addition to all remedies'
provided for an event of Cont'nictor's default hereunder, sliall have the right to collect from
Contractor'ell expenses incurred by the'City in.thd procuroment of the' Work in connection ivith
the Regional Hybrid Skatepark/Pumplrack Initiative a4laulover;Park.
43 Upon. failure of Contractor to achieve Final Completion of the Work 60 later the", 60,
Hundred )righty (18D),'cefchad- dnysTfrom the Cominencement batespecife8 in the.N' ioe to
Proceed, or Suli'stantial Completion within One llitmored nail Ftfty (150) calendar Boys from
Elhtlgaf�:
the Cotntnoncamant, Date specified imilte'Nolice to Yroceod, 'alas anx.apbroved. Brno extensiogqss
(ifapplicabla), Conimctorsholl,poy to IhcCiCy the sum iof. " vollars�
for:each'ctileltdnr day date beyond these deadlines. Those, amounts are not
�.penaltles fiat are liquidated datnages to the City for its. inability to obtain beneflAhA
occupancy and/or use -6 the Projeot, Liquidated damages are hereby -fixed and 'agreed !,
upon between iiia. parties, .recognizing the impossibility of precisely ascedainitig'the
amount of damages that will be sustained by theCit'y as a consequence of such delay, aiid both
parties desidng to obviate any question of dispute conccrningihe amount of said damages.and
ane cost andeffect ofailu
f the re OfContractor to comptate the Work on time.
4,4 Construeliioh of the Work, shnit.be deemed tq�have been completed once all of I* work
uporithe.occurrence'ofall'ofthefollowing: (i)thearc;ntectofrecoidhos iggedanil;doiivi;red,to
City o eertificdle,ofPinbi Completion in'aec'ordance with the Plans'and Specifications; (ii).punch.
list items for-thd-Work have been oompleted;.and QuitContmolorfias nchieyed Final Completion
of the:Work.
03$61Is'— MERICAN RAMP MMPAM'
Page 25 of X 9
:5
M
TICLE 5. CONTRACT A1. OUNT PA00988 PAYMENT$ AND FINAL PAYMENT
5.1 The City,s_ttall pay to the Contractor; fox theifaithful poi•foinanfiee of.!all Work in
connoction;with -this Agreement, an amount:not to exceed Ttvo Hundred: Sisty;Min
Thousand T6fee hundred Soveuty410:1.Doliar's.(�267,375,00): Payment shaft be. made
pursilant to uppcoYed applications for payment appr.gved'by the Ctty and accdrir'PW0'by
sufricientsuppor6g documentation, and•colifi ing'sufficient detail, to allow a j6per audit of
ekpeaditures, should the City require one'to'be performed. Contractor stroll bo:ontide- , —
other compeosation for the Work to be performed hereunder, and Contractor expiesslywvenants
end agrees that all expenses incurred by 'Contrdot6r in the coh6cit of "it ac
and the
performance of its obllgstions and services herepnde'r shall be Borrie exclusively by. Contractor and
Contructor'shallbe solely responsible far the payment of same. Coatia torpnderstands and agrees.
that Contractor shah:not be entitled to any benefits notexpressly speolfred is this • Agreement.
5,2 C.on tactor may make Application for Payrnent for Work completed during tho Project
at intervals of not more than once a•month, Contractor's Application fof Payment shall include
partial releases) of Itens'or consent Of:Surety relative to' the portion of the W6rk;'whioh'is.th6
iMjedt of the Application for Payment aha any outer infotmation•required by tha,CityBnoh
Application for Payinenishall be'sAmitied'in tripftcate to the City foP.approval.
submit to the City an
as an..,
amount due for the Woik performed for wh
detalled breakdown and iternI76tion of su
completion-0fIbe Work performed, (d).il
Co'6wetor,hereunder; and (o) such :other-:
fcguhed by.the City for ptirpdses dfeva
reques.09,paynierit, At the time Contraob
rd'quesied by wl
rho City; Contractor il also
all involces and bills for labor and matede
be'mede on a work -in-place basis
wda+� eFless during the niokroO
Eecii sughAppiication for Paymentshall- be in
ity andshell include,withoat limitntion;,(a)'tlte
tractor is'requesting payment, (b) a ieusonably
k dndthe amount'due, (c) the percentage of
of 6lljptior.pgmonts mode. from ihe:,City to
itionlartdattuchmgnfsas,shall tie �e+isonably
the Work performed. for which: 06-n(m6tor is
its.an Application forPayment to he City,'if
:'to t¢e:City'trtte,'cotrdot`and legible:copies.of
toraied in.10 1Wak'and which aib to b'e'paid
5;2.2. Each Application for Payment made from Conu
;hall be deemed a.. representation and waaan(yby.Contmctorto ttie Ci
hpplicadonfovPayment, (a) there exis.....s o Event ofDafault(as hese!.
pr,'oondidon'diet, with notice or lapse oiino, orb, , 11 ould cogsli
there has been no inaterial varianoo from the Contract Doctunent
per formed.ihr5ugh tha:date of -such Appllcation for P,aymeul end
fuithemnce of ilio construction of.the Itnprovementa at the thcn.cuii
been done in a good and worlamm like' manner, and all matelots,
fixtures usually famished and installed.at such time linve,been so'fuff
and Wc'rkmanlike manner:
Ored178+R61Ea1CAN aAhiP C0�lPANY
Page 26 of,/ 63
'the
i Event of Default; (b) tin
ger s
iespeot to theWork:
ll Work performed in
de of construction, has
meat, Rinushings and
and mstallad inagood
S 3'--4on_p rrcent (10%) of all monies earned by Contractor shall be retained by the City
until final Comptctieti, tree' closeout documents, and acceptance by the City. Any reduction
in retainage shall be in accordance wii eat6n.2 .05! _78 Florida Statutes. Any interest earned on
,Q retainage shall accrue to the benefit of the City. All reqnage reducti
—`uogts fer tanon shall be in
IC writing in a separate stand alone document. 00
Vel A�en to
5.4 'file City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account ofCity
t(fk Manager's
5.4.1. Defective Work not remedied by Contractor. intiais:
5.4.2 Claims filed or reasonable evidence indicating probable filing of claims by
other parties against Contractor or the City because of Contractor's performance.
5.4.3 Failure of Contractor to make payments properly to Sub -Contractors or for
material or labor,
5.4.4 Liquidated damages and 'costs incurred by the City for extended construction
administration.
5.4.5 Failure of Contractor to comply with other provisions of this Agreement.
5.5 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, the City will make an inspection thereof. If the City finds the Work
acceptable, the requisite documents have been submitted and the requirements of the Contract
Documents fully satisfied, and all conditions of the permits and regulatory agencies have been
met, a Final Certificate for Payment will be -issued by the City, stating that the requirements of
the Contract Documents have been performed and the Work is ready for acceptance under the
terms and conditions thereof.
5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
City a complete release of all liens raising out of this Agreement, or receipts in full in lieu thereof,
an.affidayit certifying that all suppliers and Sub -Contractors have been paid in full and that all
other indebtedncss connected with the Work has been paid, and it consent of the surety to. final
payment;. and the final bill of materials, if .required, and Application for Payment.
Contractor shall deliver the written Contractor's and all Manufacturers warranties pflor to
issuance of the Final Certificate for Payment.'
5.7 if, atter the Work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor, and the City so certifies same, the City
will, and without terminating the Agreement, make payment of the balance due for that portion
of the Work fully completed mid accepted. Such payment shall be made under the terms and
conditions goveming final payment, except that it shall not constitute a waiver of claims..
5.8 Final payment shall be made only after the City has reviewed and approved the final
application for payment. The acceptance of final !payment shall constitute a waiver of all
claims by Contractor, except those previously madein strict accordance with the provisions of
the Agreement and identified by -Contractor as unsettled at the time of the application for final
payment.
6303178 -AMERICAN RAMP COMPANY
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cr n
5.9 All invoicessubmitted by Contractor to the City shall include sufficient details fore proper
pre -audit and/or post audit thereof, based on the quantifiable, measurable, and verifiable units of
deliverables in connection with this Agreement. All costs detailed in Contractor's invoices shall
be required to be valid, reasonable, necessary, and allowable and incurred by Contractor prior to
the date of the invoice. Furthermore, all invoices submitted by Contractor shall provide complete
documentation to substantiate all costs included on the invoices. Payment shall be made only after
receipt and approval of goods and services, subject to the City's rights to withhold, in whole or in
part, payment based on Contractor's failure to comply with any provision of this Agreement.
ARTICLE 6, CONSTRUCTION OF WORK
6.1 Priorto the commencement of any Work by the Contractor arthe purchase ofanymaterials
or supplies for the Work, the Contractor shall furnish the City with a payment and performance
bond issued in accordance with Section 255.05, Florida Statutes. The bond shall be that of a
responsible surety company qualified under the terms of this Agreement, licensed to do business
in Florida, in amounts not less than the total cost of the Work, as determined by the City and shall
remain in effect until the entire cost of the Work shall have been paid in full. The payment and
performance bonds shall name the City and Miami -Dade County as dual obliges and beneficiaries
thereof. The bonds shall provide the following, without limitation:
a) That a payment bond in an amount not less than the cost of construction of the
Work Is obtained by Contractor that is conditioned to secure the completion of the Work is free
from all liens and claims of contractors, subcontractors, mechanics, laborers and material.
,
b) That a performance bond in an amount not less than the cost of construction of the
Work is obtained by Contractor that insures that the Work shall be completed on Contractor's
default by the surety.
6.2 All Work shall be required to meet or exceed requirements of all applicable building codes
in effect. During construction, the Contractor shall retain all responsibility for securing the
Construction Site.
6.3 The Contractor agrees to perform the construction work as provided herein, in compliance
with all applicable local, State, and Federal laws, including but not limited to Section 255.20 of
the Florida Statutes.
6A Before acceptance of the Work, the Contractor shall be, required to develop and install
signage that is consistent with Skatepark/Pumptruck safety rules and usage. Prior to fabrication
and installation, a draft of the proposed verbiage shall be submitted to the City for their final
approval.
ARTICLE7. PROJECT DESIGN
7.1 Testing. Contractor shall coordinate with City personnel any necessary access to the site
for testing purposes and obtain authorization prior to conducting such tests. All areas disturbed
by any tests shall be restored and/or stabilized to the City's satisfaction.
0704178 -AMERICAN RAMP COMPANY
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Page 28 ofX 63� �� d"
7.2 15% Plans. When 15% of the overall design of the Skatepark has been completed (l.e.,
Concept Plans and including site layouts), Contractor shall submit two copies of such Preliminary
Plans to the City for review, to insure conformity with Proposed Concept Plans shown in
Attachment "C" and the Haulover Park approved general plans. The Preliminary Plans must be
prepared by an architect or engineer licensed to practice in the State of Florida, if the City has
any comments altd/or proposed modifications to the Preliminary Plans, the City shall provide
comments and/or proposed modifications in writing to the Contractor within fifteen (15) calendar
days from the date of submittal of the Preliminary Plans. Contractor shall incorporate said
comments into a set of revised Preliminary Plans to be reviewed and approved by the City.
7.3 50% Plans and Specifications. The 50% Plans and Specifications shall be based on the
approved Preliminary Plans and shall show without limitation any/alt work to be performed in
the field, including site plans; architectural, structural, grading, and drainage plans, signage and
all other disciplines engaged in the development of the construction documents of the Skatepark.
Contractor shall provide the City sufficient information to enable it to make an informed
judgment about the design and quality of construction. Within fifteen (15) calendar days after
the City receives the 50% Plans and Specifications, the City shall either approve them or deliver
to Contractor specific corrective comments. Contractor shall resolve all comments and requests
for modifications by City to the 50% Plans and Specifications and obtain written approval from
City prior to proceeding with the development of the Final Plans,
7.4 Final Plans, Contractor shall. prepare and deliver to City a complete set of the final plans
and specifications which shall show without limitation any/all work to be performed in the field,
including site plans; architectural, structural, grading and drainage plans, signage and all other
disciplines engaged in the development of the construction documents and completed technical
specifications; all sufficient to enable City to make an informed judgment about the design and
quality of construction and with sufficient detail so as to allow for the issuance of a building
Permit (hereinafter referred to as "Final Plans"), The Final Plans shall be based upon, and
consistent with, the approved 50% Plans and Specifications. City shall, within fifteen days (15)
calendar days upon receipt of the Final Plans, either approve them or deliver to Contractor
specific corrective comments. Contractor shall resolve all comments and requests for
modifications by City to the Final Plans end obtain written approval from City prior to submitting
the Final Pians to the regulatory agencies for permitting.
7,5 Kobillzation. It shall be the Contractor's responsibility to ensure that all required
regulatory or proprietary permits are obtained prior to commencement of Work: Once regulatory
agencies have granted all necessary approvals and a permit(s) has/have been issued, Contractor
shall provide City with copies of each issued permit, A Pre -Construction Meeting will then be
scheduled for the Contractor to coordinate with Miami -Dade County personnel managing the
park in respect to access, staging area, hours of operation, etc. After the Pre -Construction
Meeting, an authorization to occupy the site will be issued by Miami -Dade County to the City
thus allowing the Contractor's mobilization for the construction phase. After the City approves
the construction baseline schedule submitted by. Contractor, a copy shall be provided to Miami -
Dade County for informational purposes.
03MI78 -AMERICAN RAMP COMPANY
Page 29 ofx 6
,
7.6 Construction Phase;
a) The Contractor shall provide City with copies of all approved submittals.
b) Contractor shall carefully plan and coordinate his/her activities to minimize any
adverse impact ordisruptions to Miami -Dade County's operations and the patron's
ability to safely access and use the facility and/or secondary amenities/faoilities
(such as restrooms; water fountains; vending machines; etc.)
c) Contractor shall implement and maintain specific steps/means to allow for such
uses and to prevent any hazards to patrons throughout the construction period.
Contractor's limits of work should be properly fenced, and control over the points
of access (such as gates, etc.) should be maintained by Contractor at all times and
always secured at the end of each work period.
d) Contractor shall provide means for maintaining free, safe, and uninterrupted access
to the existing facility.where work will be taking place and surrounding spaces
must be safely maintained at all time.
e) Contractor shall confine all permanent storage of materials and/or equipment to the
assigned construction area(s).
7.7 Project Closeout. At the time of Substantial Completion, Contractor shall advise City and
Miami -Dade County to participate in the Substantial Completion walk lhnt in order to
jointly complele the punch list items. Before Final Completion can be achieved, all Work
must be completed and 'accepted by both the City and Miami -Dade County and the
following docttments must be attached to the Document Closeout;
I , Completed Punch List(s)
2. Electronic copy in pdf format of final approved Operation and Maintenance (O&M)
Manuals.
3, As -Built drawings converted to accurate Record Drawings.
4. Written certification signed by the City of delivery.
S. Delivery of all warranties required by the Contract Documents
6, All approved building permits and other code certifications.
7. Final and Unconditional Releases of Lien (or -a Final Consent of Surety) from
Contractor.
S. Final and Unconditional Releases of Lien from any vendors, subcontractors,
mechanics, laborers, material suppliers, etc. that filed a Notice to Owner for the project.
9. Contractor shall ensure that any requests for warranty work produced by either City or
Miami -Dade County are timely addressed pursuant to the warranty period established
in the Contract Documents.
ARTICLE 8. FIELD DIRECTIVES
The City may at times Issue Field Directives to the Contractor based on visits to the Project
site, Such Field Directives shall be issued in writing and the Contractor shall be required to comply
with such directive. Where the Contractor believes that the directive is outside the scope of the
Work, the Contractor shall, within 48 hours, notify the City that the Field Directive is outside
the scope of the Work, At that time the Field Directive may be rescinded or the Contractor may be
0364178 -AMERICAN MMP COMPANY
10
Page 30 oft 63
required to submit a request for a Change Order proposal. Where the Contractor is notified of the
position that the Field Directive is within the scope and the Contractor disagrees, the Contractor
shall notify the City that the Contractor reserves the right to make a claim for the time and
monies based on the Field Directive. At no time shall the Contractor refuse to comply with
the directive. Failure to comply with the directive may result in a determination that the
Contractor is in default of the Agreement.
ARTICLE 9 SUBSTANTIAL COMPLETION PUNCT{ LIST & FINAL COMPLETION
9.1 The Work shall be substantially complete when the City, in the reasonable exercise of
its discretion, determines that the Work is complete, that there are no material mid/or substantial
variations from the Agreement, and the Work is fit for its intended purpose. Upon Substantial
Completion, the City will prepare a Certificate of Substantial Completion. no signing of this
form shall not relieve the Contractor from its obligation to complete the Project.
9.i When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the City inspect the Work to determine ifSubstantial Completion has been
achieved, No request for Substantial Completion inspection is to be submitted until the Contractor
has obtained a Certificate of Completion unless the failure to obtain such certificate is beyond the
Contractor's reasonable control. The City shall schedule the date and time for any inspection and
notify the Contractor and any other parties deemed necessary. During this inspection, the City and
the Contractor shall sign a Substantial Completion Inspection certificate. Any remaining Work
shalt be identified on the Punch list form, which work shall be known as Punch List work. The
Punch List shall be signed by the City and the Contractor to confirm that the Punch List contains
the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the
Substantial Completion Inspection form or the Punch List, or the failure to include any items of
corrective work on such Punch List, does not alter the responsibility of Contractor to complete all
of the Work in accordance with the Contract Documents.
9.3 Where the Punch List is limited to minor omissions and defects, the City shall indicate
that the Work is substantially complete subject to completion of the Punch List. Where the City
determines that the Work is not substantially complete, the City shall provide a list of all Open
items necessary to achieve Substantial Completion. Upon completion of such Work, the
Contractor shall request another Substantial Completion inspection.
9.4 The Contractor shall be required to complete all remaining Work included in the Punch List no
later than thirty (30) calendar days from the City's issuance of the Punch List,
9.5 Upon the receipt of all documentation, resolution of any outstanding issues and completion
of the Punch List items, the Ciy will issue a Final Certificate for Payment. Upon issuance of the
final payment, the City will notify the Contractor In writing of the closeout of the Project,
9.6 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.
010-6178 -AMERICAN RAMP COMPANY
Page 31 of163
i-•
ARTICLE 10, INDEMNIFICATION
10.1 Contractor shall indemnify, defend and hold harmless the City and Miami -Dade County,
`Including their officers, agents, directors, and employee's, from any and all claims, liabilities,
damages, losses, and costs, including, but not limited to reasonable attorney's fees, and costs to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor
and/or persons employed or utilized by Contractor in the performance of any Work under this
Agreement. These indemnifications shall survive the term of this Agreement, In the event thatany
action or proceeding is brought against the City and/or Miami -Dade County by reason of any such
claim or demand, Contractor shall, upon written notice from the City and/or Miami -Dada County,
resist and defend such action or proceeding by counsel satisfactory to the City and/or Miami -Dade
County.
10.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at City's and/or Miami -Dade County's option, any and all claims of liability and all suits
and actions of every name and description covered by this Article, which may be brought
against the City and/or Miami -Dade County, whether performed by Contractor, or persons
employed or utilized by Contractor.
10.3 This indemnity will survive the cancellation or expiration of this Agreement.
This indemnity will be interpreted under and construed to conform to the laws of the State of
Florida.
10.4 Contractor shall require al I'Sub-Contractor agreements to include a provision that said sub.
contractor(s) shall indemnify, defend and hold harmless the City end Miami -Dade County to the,
extent caused by the negligence, recklessness or intentional wrongful misconduct of the
subcontractor(s) and/or persons employed or utilized by subcontractor in the performance of any
Work under this Agreement.
RTICLE 11. INSURANCE REQUIREKENTS
11.1 Contractor shall not start Work under this Agreement until it has delivered to the City
certificates of insurance clearly indicating that the Contractor is in compliance with the following
Insurance Requirements:
C1 Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of Five Million Dollars ($5,000,000,00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability.
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:
030.6178 -AMERICAN RAMP COMPANY
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12
M
N
U
o Primary and Non•Contributory, Waiver of Subrogation on behalf of'the
City ofShirhny Isles Beach;
o Premises and Operation;
o Independent Contractors;
o Products and/or Completed Operations Hazard;
o Broad Form Property Damage;
o Explosion, Collapse, and Underground ("XCU") Liability Coverage
o Broad Form Contractual Coverage applicable to this specific Contract,
Including any hold harmless and/or indemnification agreement; anti
o Personal Injury Coverage with Employee and Contractual Exclusihons
removed, with minimum limits of coverage equal to those required for
Bodily injury Liability and Property Damage Liability.
Worker's Compensation and employer's liabilitycoverage, as required pursuanq to
Florida law.
Professional Liability Insurance with minimum limits of not less then Five Mill ion
Dollars (S".,08:00) per occurrence and aggregate.
1.o 000.00
Business AutomobSle Liability with minimum limits of not less than Five Mullion
Dollars ($5,000,000.00) per occurrence combined single limit for Bodily fgjtrry
Liability and Property Damage Liability, Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile insurance po1G cy,
without restric6o endorsements, as filed by the Insurance Services Office, amd
must include;
o Owned Vehicles;
o Hired and Non -Owned Vehicles;
o Employers' Non•Ownership.
Before starting the Work, the Contractor will fileand make sure that all certifica tos
of Insurance required by this Agreement are in the City's possession. Thiele
certificates shall contain a provision that the coverage afforded under the polio les
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City by certified mail, The City and Miami -Dade
County shall be named as additional insureds on the above-rafereaced policl,es.
Contractor agrees that if any part of the Work under is subcontracted, they vhE
require the Sub.00ntractor(s) to carry insurance as required, and that they vdil
require the Sub• contractors) to famish to them insurance certificates similar -to
those required by the City in this section.
Cancellation and Re -insurance:
if any insurance should be canceled or changed by the insurance company or shohnid
any insurance expire during the period of this contract, the Contractor shall be
responsible for securing other acceptable insurance to provide the coventge
0704119 -AMERICAN RAMPCOMPANY 13
Page 33 of/ 62 r
specified in this section to maintain coverage during the life of this Agreement. All
deductibles must be declared by the Contractor and must be approved by the
City. At the option of the City, either the Contractor shall eliminate or reduce such
deductible or the Contractor shall procure a Bond, in a form satisfactory to the City,
covering the same.
11.2 Contractor shall maintain coverage with equal or better rating as required herein for the
term of this Agreement. Contractor shall provide written notice to the City of any material change,
cancellation and/or notice of non-rcnewai of the insurance at least 30 (thirty) days prior to the
anticipated change or event. Contractor shall furnish a copy of the insurance policy or policies
upon request of the City.
11.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the
City within ten (10) days of written request, If the initial insurance expires prior to the completion
of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date
of their expiration.
11.4 The City reserves the right to require modifications, increases, or changes in the lnsuranee
Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor.
ARTICLE 12 PERFORMANCE AND PAYMENT BOND
Contractor is required to famish a Performance and Payment Bond in the amount of 100% of the
total Contract Amount, with the City of Sunny Isles Beach and Miami -Dade County named as
Obligees, as security for the faithful performance of the Contract and for the payment of all persons
performing labor or furnishing of materials with connection herewith. The Performance and
Payment Bond shall continue in effect throughout the contract term. The bonds shall be with a
surety company authorized to do business in the State of Florida and having been in business with
a record of successful and continuous operation for at least five (5) years.
ARTICLE 13 INDEPENDENT CONTRACTOR
13.1 Contractor is an independent contractor under this Agreement, Services provided by
Contractor or on Contractor's behalf pursuant to this Agreement 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 'or Miami -Dade County. Contractor further
understands that Florida Workers' Compensation benefits available to employees of the City or
Miami -Dade County are not available to Contractor, and agrees to provide workers' compensation
Insurance for any employee, or entity working for the Contractor rendering services to the City
under this Agreement. This Agreement shall not constitute or make the parties a partnership or
joint venture.
12,2 It is understood and agreed that the relationship of Contractor to the City shall be that of an
independent contractor, Nothing contained herein shall be deemed or construed to (a) make
Contractor the agent, servant or employee of the City or Miami -Dade County, or (b) create any
partnership, joint -venture or other association between Contractor -and the City or Miand-Dade
County. Contractor shall not have the right to bind the City or Miami -Dade County to any
030-6118 -AMERICAN (LAMP COMPANY
Page 34 of163
14
obligations whatsoever, and dtis Agreement shall not be construed to make the City or Miami -
Dade County liable to any person or party for debts or claims of any character accruing to them
against Contractor.
143 Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations
and resolutions and all applicable guidelines and standards in performing its duties,
responsibilities, and obligations related to this Agreement, including specifically, but without
limitation, where applicable, the Contract Work Flours and Safety -Standards Act, the Lead -
Based Paint Poisoning Prevention Act and any other laws, ordinances and regulations made
applicable to this Agreement by the Contract Documents or the source of funds.
14,2 Contractor warrants and represents to the City that the Project and all Work to be performed
in connection therewith and in furtherance thereof shall conform to all applicable federal, state
and/or local or municipal laws, rules, regulations, codes and ordinancesand with those ofany other
governmental or quasi- goyernmental body having jurisdiction over the Project, or any portion
thereof. Contractor has reviewed the Plans and Specificaiions and is satisfied that they do not call
forconstruction that would violate such laws, rules, etc. Contractor will pay all employment, social
security and other taxes imposed'upon it as an employer in connection with its performance
of this Agreement and will furnish evidence, when requested by the City, showing that payment
of all such taxes has been made. Contractor shall pay timely when due all local, state and federal
taxes in connection with the Work to be performed hereunder and Contractor's business operations
generally.
143 Contractor warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination .in connection with Contractors performance
under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. Contractor further covenants that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
14.4 Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services fundedby the City, including Titles
I and Ii of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
14Z Contractor affirms that it is aware of the provisions of Section 257.134(2)(a), Florida
Statutes, regarding the discriminatory vendor list. Contractor understands that an entity oraffiliate
who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids 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
030.6178 -AMERICAN ttAMP COMPANY
Page 35 ofX 63
is
with any public entity. Contractor further agrees that it shall not violate Section 287.134(2)(8),
Florida Stamtes, and acknowledges and agrees that placement on this list during the term of this .
Agreement may result in termination of this Agreement.
ARTICLE 15, DEFAULT BY CONTRACTOR
Default by Contractor. Any one or more of the following shall constitute an event of default
("Event of Default") by Contractor hereunder:
(a) The breach by Contractor of any warranty or representation contained herein;
(b) The failure of Contractor to perform or observe any term, provision, covenant,
agreement or condition contained herein or in any of the other Contract Documents
and the continuance of such failure forseven (7) days following written notice thereof
from the City to Contractor, except that if the nature of the particular failure on the
part of Contractor is such that, by its nature, cannot be cured, the City shall not be
required to give Contractor notice of such failure, and such failure shall constitute an
Event of Default immediately upon its occurrence;
(e) The insolvency of Contractor;
(d) The appointment of a receiver of Contractor, or of all or any substantial pari of its
property, and the failure of such receiver to be discharged within thirty (30) days
thereafter;
(e) The admission by Contractor in writing of its inability to pay its debts generally as
they become due;
(f) The execution by Contractor of an assignment for the benefit of its creditors;
(g) The filing by or against Contractor of a petition to be adjudged abankrupt, or a petition
or answer seeking reorganization or admitting the material allegations of a petition
filed against it in any bankruptcy or reorganization proceeding, or the act of
Contractor in instituting or voluntarily being or becoming aparty to any other judicial
proceeding intended to effect a discharge of the debts of Contractor, in whole or in
part, or a postponement of the maturity or the collection thereof, or a suspension of
any other rights or powers granted to the City herein or in any other documents
executed in connection herewith;
(h) The failure of Contractor to pay any money judgment against it before the expiration
of thirty (30) days anter such judgment becomes final and no longer appealable; or
(i) The failure of any attachment, sequestration or similar proceeding against any of
Contractor's property to remain undischarged or unbonded by Contractor, or
undismissed, for a period of thirty (30) days after the commencement thereof.
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ARTICLE 16. THE CITY'S REMEDIES
Without limitation of the right of the City to all remedies available to the City as otherwise
provided herein, at law and/or in equity, upon (tie occurrence of an Event of Default, the City, at
its option, without any further notice or demand whatsoever, which are hereby waived, may
perform such acts or expend such sums as shall be reasonably necessary to remedy any such Event
of Default and may deduct the cost thereof from payments then or thereafter due Contractor
hereunder.
Upon the occurrence of an Event of Default, at the City's option, and without prejudice to any
other remedy the City may have, the City may terminate this Agreement and may finish the Work
by whatever method the City may deem expedient, and to the extent the costs thereof shall
reasonably exceed those which would have otherwise become due to Contractor hereunder had
Contractor timely and properly performed its obligations under this Agreement, Contractor shall
pay and reimburse the City on demand for such costs, together with interest thereon calculated at
the maximum rate of interest allowed by applicable federal or state law. All rights and remedies
of the City hereunder are cumulative of each other and of every other right or remedy which the
City may otherwise have at law or in equity, and the exercise ofone or more rights or remedies by
the City shall not prejudice or impair the concurrent or subsequent exercise of other rights or
remedies. No waiver by the City of any of its rights or remedies hereunder shall be considered a
waiver of any other or subsequent right or remedy of the City, and no delay or omission in the
exercise or enforcement by the City of any rights or remedies shall ever be construed as a waiver
of any right or remedy of the City.
ARTICLE 17. TERMINATION WIT14 OR WITHOUT CAUSE
A. Termination with Cause. If the Contractor shall fail to fulfill in a timely manner or
otherwise violate any of the covenants, agreements or stipulations material to this
Agreement, including but not limited to an Event of Default, the City shall have the
right to terminate the Work 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 seven (7)
days to cure such default. If the default remains uncured after seven (7) days the
City may terminate Ibis 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 satisfactorily performed as of the date of termination.
(i.) 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 Work satisfactorily performed
prior to the date of termination.
(ii.) 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
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the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination without Cause. The City may, for its convenience and without cause
terminate the Work then remaining to be performed by Contractor at any time by
giving Contractor seven (7) days written notice. The terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder,
C. Termination for Insolvency, The City also reserves the right to terminate the
remaining Work 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.
ARTICLE 18. GOVERNING LAW VENUE; AND ATTORNEY'S FEES
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida, Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami -Dade County, Florida, In theevent
it becomes necessary for either party to file a lawsuit to enforce any term or provision under this
Agreement, the prevailing party shall be entitled to recover from the non -prevailing party its costs
and reasonable attorney's fees at the pretrial, trial and appellate levels.
ARTICLE 19, AUDIT RIGHTS
19,1 Contractor's records which shall include but not be limited to accounting records, payroll
time sheets, cancelled payroll checks, W -2's, 1099's, written policies and procedures, computer
records, electronic records, disks and software, videos, photographs,_ subcontract files,
originals estimates, estimating worksheets, correspondence, change order files (including
documentation covering negotiated settlements), and any other supporting evidence necessary
to substantiate charges related to, or Work performed under, this Agreement (all the
foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit
and/or reproduction, during normal working hours; by the City to the extent necessary to
adequately permit evaluation and verification of any invoices, payments or claims submitted by
the Contractor or any of his payees pursuant to the execution of the Agreement. Such records
subject to examination shall also include, but not be limited to, those records necessary to evaluate
and verify direct and indirect costs (including overhead allocations) as they may apply to costs
associated with this Agreement.
19,2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
shall be kept in accordance with such statute. Otherwise, for the purpose of such audits,
inspections, examinations and evaluations, the City shall have access to said records from the
effective date of this Agreement, for the duration of the Work, and until 5 years after the date of
final payment by the City to Contractor pursuant to this Agreement,
19,3 The City's agent or its authorized representative shall have access to the Contractor's
facilities, shall have access to all necessary records, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with this provision. The City
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or its authorized representative shall give auditees reasonable advance notice of intended
audits.
19.4 If an -audit inspection or examination in accordance with this Article discloses
overcharges in excess of 1% except negotiated fees by the Contractor to the City, the actual cost
of the City's audit shall W paid by the Contractor. If the audit discloses contract billing or charges
to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum
within 20 days of receipt of a written demand unless otherwise agreed to by both parties in
writing.
ARTICLE 20. CONTRACTOR DELAY
Contractor shall be excused for the period of any delay in performance of any obligations
hereunder when it is prevented from doing so by the wrongful or negligent acts or omissions of
the City or by causes beyond either party's control, which shall include all labor disputes, civil
disturbance, war, warlike operations, invasions, rebellion, hostilities, military or usurped power,
sabotage, governmental regulations or controls, fires or other casualties, adverse weather
conditions, or acts of God.
ARTICLE 21. FORCE MABURE
Should any party fail to perform its obligations under this Agreement duo to a condition of force
majeure, as that tern is interpreted under Florida law, and specifically including but not limited
to Acts of God, hurricanes, Tropical Storms, fire, flood, earthquakes and the unavailability of
materials, equipment or labor resulting from said events, then the time for performance of said
obligation hereunder will be extended by a period reasonably commensurate with the cause of
such failure to perform or cure. If the Contractor is delayed in performing any obligation under
this Agreement due to a force majeure condition; the Contractor shall request a time extension
from the City within three (3) working days of said force majeure occurrence. Any time
extension shall be subject to mutual agreement and shall not be cause for any claim by the
Contractor for extra compensation unless additional services are required. Events of Force
Majeure do not include acts or omissions of Sub- Contractors.
ARTICLE 22. SITE INVESTIGATION AND REPRESENTATION
22.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, and roads, the conformation and conditions at the ground and all other matters which can
in any way affect the Work or the Contract Amount,
22.2 The Contractor further acknowledges that it has satisfied itself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from evaluating
information included in the Contract Documents. Any failure by the Contractor to acquaint itself
With all the provided information will not relieve Contractor From responsibility for properly
estimating the difficulty or cost thereof under the Contract Documents.
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ARTICLE 23, PERMITS AND LICENSES ("PERMITS")
Except as otherwise provided within tate Agreement, 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 Agreement shall be secured and paid for by Contractor,
Itis 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,
ARTICLE24. DEFECTIVE WORK
24.1. The City Manager or his designee shall have the authority to reject or disapprove Work
which is found to be defective. If defective work is found, Contractorshall 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.
24.2 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 the City, the City Manager or his designee 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, or may
be charged against the Contractor's Payment and performance Bond. 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 Manager or his designee may declare Contractor in default.
24.3 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(s) of the Contract Documents, any of the Work
Is found to be defective or not in accordancewith the Contract Documents, Contractor, after receipt of
written notice from the City Manager or his designee shall promptly correct such defective or
nonconforming Work within die time specified by the City Manager or his designee 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 the Contract Documents
including but not limited to any claim regarding latent defects,
24.4 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.
ARTICLE 25, CORRECTION OF WORT(
All Work not conforming to the requirements of the Contract Documents, or which is rejected by
any governmental authority, will be considered defective. Contractor shalt promptly correct
defects in the Work, whether observed before or after final completion of the Project and whether
or not fabricated, installed or completed. Contractor shall bear all costs and expenses of correcting
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defective Work. The City may correct any defective Work (a) which Contractor does not undertake
to correct within seven (7) days following written notice from the City to Contractor of the need
for such correction or which Contractor thereafter fails to continue to correct with due diligence,
or (b) without notice, in the case of an emergency. in the event the City undertakes to correct -
defects in the Work as aforesaid, Contractor shall reimburse the City for all costs and expenses
reasonably incurred In connection therewith promptly on demand, supported by reasonable
documentation of such costs and expenses. The provisions of this paragraph will apply to Work
done or furnished by Contractor or its employees.
ARTICLE 26 WARRANTY OF CONSTRUCTION
26.1 The Contractor shall warrant that tate Work conforms to the Agreement and is free of any
patent and/or latent defects of the workmanship from the date of Final Completion in addition to
all applicable manufacturer warranties. This warranty shall be in addition to whatever rights the
City may have under applicable 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 thoreof) which proves defective or fails to comply
with the Agreement within the warranty period such that it complies with the Agreement.
26.2 Contractor warrants and represents to the City that the Work performed in'connection with
the construction of the Improvements shall be done in a timely, good and workmanlike manner
and substantially in accordance with the Contract Documents. Contractor covenants and warrants
that title to all work, materials and equipment incorporated in the Work will pass to die City free
and clear of all liens, claims, security interests or encumbrances. In addition, Contractor will obtain
and provide, for the benefit of the City and its assigns, all customary warranties and guarantees in
regard to any materials, equipment, furnishings and fixtures incorporated in the Work, said
guarantees expressly being covered by the industry standard or better waftnty.
ARTICLE 27. CHANGES IN WORK
No change, modification, addition, deletion or other revision to the Work and/or the Contract
Documents in furtherance of the Project shall be valid, binding or effective unless a written change
order approved by the City and signed by the City and Contractor shall authorize the same. In the
event of any such written change order approved by the City and signed by the City and Contractor,
the value of the labor or materials, or -both, added or omitted from the Work to be performed in
furtherance of the Project shall be computed and determined by Contractor, subject to the written
approval and acceptance by the City, and the amount so determined shall be added to or deducted
from the Contract amount. Contractor shall have no claim for additional work performed by
Contractor unless such work has been done pursuant to a written change order approved by and
signed by the City. and Contractor.
If, as the result of any valid change order, the applicable changes in the Work may reasonably be
expected to delay Contractor in achieving Completion of the Project, the City and Contractor may
agree and stipulate In the written change order itself that the Scheduled Substantial and Final
Completion Dates will be extended by the appropriate number of days corresponding to the
anticipated delay. However, absent any such stipulation in the change order serving to extend the
Scheduled Substantial and Final Completion Dates, the Scheduled Substantial and Final
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Completion Dates shall not be deemed to.be.extended and Contractor will be expected to achieve
Completion of the Project on or prior to the Scheduled Substantial and Final Completion Dates.
ARTICLE 28.' CONSTRUCTION OF WORK
28.1 Contractor shall, in a good and workmanlike manner and in accordance with this
Agreement, prosecute and perform the Work described in and reflected on the Plans and
Specifications. Contractor understands and acknowledges that the City is entering into this
Agreement in reliance upon Contractor's special skill and abilities in performing the Work
hereunder. Contractor shall supervise and direct the Work to be performed in connection with the
Project using Contractor's best efforts, skill, judgment, abilities and attention, and Contractor
shall be solely responsible for all fabrication, shipment, deliveryand installation means, methods,
techniques, sequences and procedures, and for coordinating and implementing all portions of the
Work to be performed under this Agreement. Contractor shall provide and pay for all labor,
materials, equipment, tools, machinery, transportation, storage 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 Project.
28.2 Contractor shall atoll times enforce strict discipline and good order among Contractor's
employees and shall not employ on the Project any unfit person or anyone not skilled in the task
assigned them. Contractor will clean up and haul away all debris resulting from the performance
of the Work hereunder and will at all times keep and leave the Project in as elm and orderly
condition as the circumstances will permit. All materials, equipment, furnishings and fixtures
incorporated in the Work will be new tmless'otherwise specified, and all Work to be performed
hereunder will be of a good quality, free from faults and defects, and in conformance with the
provisions of this Agreement, the Plans and Specifications and any other written instrument or
document approved by the City and Contractor in writing and relating to the performance and
prosecution of the Work in connection with the Project.
ARTICLE 29. ADEQUATE SAFETY PRECAUTIONS
29.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of its obligations pursuant to this
Agreement. Contractor shall take reasonable precautions for the safely of, and shall provide
reasonable protection to prevent damage, injury or loss to, (a) employees at the Project and other
persons who may be affected thereby, (b) the Work and all materials and equipment to be
incorporated therein, whether in storage on or off the Project site, and (c) all other property at the
Project site or adjacent thereto, such as trees, shrubs, walkways, pavement, driveways, streets and
utilities not designated for removal, relocation or replacement during the course of construction.
Contractor shall erect and maintain, as may be dictated by the conditions surrounding the
performance of the Work, reasonable safeguards for the safety and protection of all persons and
property, including, without limitation, posting danger signs and warnings against potential
hazards, promulgating safety regulations, and installing and maintaining safety and silt fencing
around the perimeter of the Project site, if necessary, if and to the extent any hazardous materials
or equipment or other unusual methods become necessary for the execution of the Work,
Contractor shall exercise. utmost care and carry on such activities under the supervision of properly
qualified personnel.
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29.2 The Contractor warrants that it will comply with all safety precautions as required by
federal, state or local laws, rules, regulations and ordinance.
- 29.3 Contractor warrants that it will adhere to the applicable environmental protection
guidelines for the duration of the Project, If hazardous waste materials are used, detected or
generated at any time, the City Manager or his designee must be immediately notified by
Contractor of each and every occurrence. The Contractor shall comply with all codes,
ordinances, rules, orders and other legal requirements of public authorities (including, without
limitation, OSHA, EPA, DERM, the City of Sunny Isles Beach, Miami -Dade County, State of
Plorida, and Florida Building Code) which bear on the performance of the Work.
ARTICLE 30, SUBCONTRACTORS
All portions of the Work not performed directly by Contractor or Contractor's employees shall
be performed under subcontracts that shall be subject to, and will conform to the requirements
of this Agreement and the other Contract Documents. Promptly after acceptance and approval
of the Plans and Specifications by the City, Contractor shall furnish to the City a written list
identifying all subcontractors Contractor proposes to use for the Work to be performed
hereunder, if any. The Contractor shalt assume the obligation to pay for and control the work
performed by subcontractors, if any.
ARTICLE 31. INSPECTION BY THE CITY
The City shall, at any time and from time to time, Inspect the progress of the Work and to ensure
that the same is being prosecuted and performed fully in accordance with the Contract Documents;
provided, however, no inspection made by the City shall relieve Contractorof any of its obligations
hereunder, including, without limitation, Contractor's obligations to correct defects in the Work
and to provide the warranties set forth in this Agreement. Contractor shall be responsible for
scheduling inspections with the City. In addition, the City shall, observe, inspect, monitor and test
the Work performed hereunder and the progress of construction at the Project. Contractor shall be
responsible for scheduling materials testing with the City. Contractor covenants and agrees that
the City shall be permitted to visit and be on the Project from time to time for such purposes and
Contractor shall use its best efforts to cooperate fully with the City in the performance of its duties
and to supply the City with such materials and information as the City may reasonably request for
such purposes.
ARTICLE 32. COMMUNICATIONS WITH THE CITY
As to any matter on which the City's input shall be required hereunder, Contractor shall provide
the City with all necessary materials and information from which the City may formulate its input
and thereafter provide the City with a reasonable opportunity to respond. Upon request by the City,
Contractor shall prepare and distribute minutes of all meetings and cdnferences held with the.City
to the participants of such meetings and conferences indicating Contractor's interpretation of the
decisions reached and actions to be taken resulting therefrom.
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ARTICLE 33, NO LIENS
33.1 So long as the City makes payments in accordance with the terms hereof, Contractor shall
not voluntarily file, permit to be filed or otherwise impose any mechanic's, materialman's,
laborer's or other similar lien or encumbrance on any portion of the Project. If any such lien,
encumbrance or claim thereof is filed or otherwise Imposed, Contractor shall, immediately on
request, and at no cost, charge or expense to the City, cause the same to be released, canceled and
discharged of record. If any such lien, encumbrance or claim thereof is filed or otherwise imposed,
and if Contractor shall not cause such lien, encumbrance or claim to be released, canceled and
discharged promptly (and in no event later than thirty (30) days following written notice from the
City requesting Contractor to do so), and the existence of such lien, encumbrance or claim hes
resulted in or will soon result in a material adverse effect on the City or the City.'s business, the
City shall have the right to pay all sums reasonably necessary to obtain such release, cancellation
and discharge and the cost thereof shall be reimbursed to the City from Contractor on demand.
332 Contractor shall defend, indemnify and hold harmless the City and Miami -Dade County
from and against any and all claims, losses, demands, causes of action or suits of whatever nature
arising out of any such lien, encumbrance or claim thereof. Notwithstanding any provision
contained herein which could be construed to the contrary, the City shall in no event be required
to make payments to Contractor hereunder at any time when any such lien, encumbrance or claim
thereof shall be outstanding. Additionally, the City may withhold from any payment due to
Contractor hereunder such amounts as are necessary to pay any and all claims for which the City
has received notice (for convenience, a "Claim Notice") from any person or party providing labor
and/or materials, including, without limitation, specially fabricated materials, used in the
construction of the • Project, and the City may pay such claims directly to such persons or parties
as shah have provided the City with the Claim Notice. Any amounts so withheld shalt be in
addition to any Retainage withheld from any payment due Contractor hereunder and may be
retained by the City until such time as a release of such claim described in the Claim Notice is
received by the City from the claimant in form and substance acceptable to the City.
ARTICLE 34. OWNERSHIP OF DOCOMENTS AND DRAWINGS
All drawings, models, renderings, together with any other documents or information prepared by
Contractor specifically for the City in connection with the Project, shall be theproperty of the City.
They shall not be used by Contractor on any project other than the Project unless expressly so
authorized in writing by the City. In the event of a termination of this Agreement for any reason,
Contractor will promptly deliver to the City the originals of all drawings, models and renderings
prepared to the date of termination. The City shall have the right to use such materials solely for
completion of the Project.
ARTICLE 35. PUBLIC RECORDS
The Contractor shall be required to comply with the following requirements under Florida's Public
Records Law:
(i,) Contractor shall keep and maintain public records required by the City to perform
the service.
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(ii.) 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 time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) 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.
(iv.) 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, 4th
Floor, Sunny Isles Beach, Florida 33160.
ARTICLE 36, COMPLIANCE WITH COUNTY RULES
Contractor and any subcontractor working on their behalf -shall comply with Miami -Dade County
Ordinance No. 08.07, Chapter 26, "Miami -Dade County Park and Recreation Department Rules
and Regulations, Article Ill, The Shannon Melendi Act." Contractor shall ensure that all its
management, employees, volunteers, and subcontractors performing services at Haulover Park on.
behalf of Contractor in connection with this Agreement:
a. Have had nationwide criminal background checks conducted by a Professional
Background Screener;
b. Have been screened through the Florida Department of Law Enforcement Sexual
Predator/Offender Database, and a check of the National Sex Offender Public Registry;
c. Have been verified as being United States Citizens or having legal immigrant status
employment;
d. Wear picture identification at all times while on City or Miami -Dade County property
and when in direct contact with patrons and the general public; and
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e. Retain all records demonstrating compliance with the background screening required
herein for not less than three years beyond the end of the contract term. Contractor shall
provide the City and Miami -Dade County with access to these records annually, or at the .
request of the City or Miami -Dade County.
ARTICLE 37. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto
and their respective heirs, legal representatives, successors and permitted assigns,
ARTICLE 38, SINGULAR AND PLURAL; GENDER
Where required for proper interpretation, words in the singular shall mean the plural, and vice
versa; the masculine gender shall include the neuter and the feminine, and vice versa.
,ARTICLE 39. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will for all
purposes be deemed to be an original, and all of which are identical.
ARTICLE 40. CONSTRUCTION
The parties hereto each acknowledge and agree that this Agreement shall be construed without
presumption of any rule requiring construction to be made against the party causing same to be
drafted.
ARTICLE 41. AUTHORITY
Each person executing this Agreement, by their execution hereof, represents and warrants that they
are fully authorized to do so, and that no further action or consent on the part of the party for whom
they are acting is required to the effectiveness and enforceability of this Agreement against such
party following such execution,
ARTICLE 42. NOTICES
Whenever either party desires to give written notice to the other, such must be addressed to the party
for whom it is intended at the place last specified; and the place for giving of notice shall remain
such until It shall have been changed by written notice given in accordance with theprovisions of
this Article, Notice shall be deemed given on the date received or within 3 days of mailing, if
mailed through the United States Postal Service. Notice shall be deemed given on the date sent
via e-mail or facsimile, Notice shall be deemed given via courier/delivery service upon the initial
delivery date by the courier/delivery service, For the present, the parties designate the following
as the respective places for giving of notice:
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If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot, City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach .
18070 Collins Ave. 40 Floor -
18070 Collins Ave. 4`h Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
'fel: (305) 792-170L
Tel: (305) 792.1702
If to the
Heather L. Ogden,
Contractor:
Senior Project Manager
American Ramp Company
601 McKinley Ave
Joplin, MO 64801
Tel: (417)206.6816
Fax: (417) 206-6888
Email: heather@americanrampcompany.com
ARTICLE 43. SUCCESSORS, ASSIGNS AND THIRD PARTY BENEFICIARY
43.1 The Contractor's services are unique in nature and any transference without City
approval shall be cause for the City to nullify this Agreement. Any assignment without the
City's consent shall be null and void. The Contractor shall have no recourse from such
cancellation, The City may require bonding, other security, certified financial statements and tax
returns from any proposed assignee and the execution of an assignment/assumption
agreement in a form satisfactory to the City as a condition precedent to considering approval of an
assignment.
43.2 Without the prior written consent of the City, Contractor shall not assign any of its rights
or delegate any of its duties hereunder. Any such attempted assignment or delegation, without the
prior written consent of the City as aforesaid, shall be null and void.
43.3 Miami -Dade County shall be considered an express third party beneficiary of this
Agreement and shall be entitled to assert all rights and remedies hereunder, provided they a) pertain
to the scope of Work described in this Agreement, and b) do not involve any alteration of the Final
Plans described in this Agreement, or result in any Change Orders resulting in an increased
Contract Amount, without the express written approval of the City. Prior written approval from
the City must be obtained by Miami -Dade County before Miami -Dade County asserts any rights
under this Agreement.
ARTICLE 44. 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.Agreement and executed by the City and Contractor.
030-6178 -AMERICAN RAMP COMPANY
27
-L
Page/ ofX 67J �'
ARTICLE 4S. SEVERABILITY
In the event the any provision of this Agreement is determined by a Court of competentjurisdiction
to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from
this Agreement, and the remainder of this Agreement shall continue in full force and effect.
ARTICLE 46, ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding, and supersedes all prior
agreements and understandings, if any, whether written or oral, between the City and Contractor
concerning the subject matter hereof, and there are no other covenants, agreements, promises,
terms, provisions, conditions, undertakings or understandings, either oral or written, between them
concerning the subject matter of this Agreement other than those expressly set forth herein. No
subsequent alteration, amendment, change, deletion or addition to this Agreement shall be binding
upon the City or Contractor unless in writing and signed by both parties to this Agreement.
ARTICLE 47. CONFLICTING PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document
incorporated herein by reference, and any term, statement, requirement or provision of this
Agreement, the terms and conditions in this Agreement shall supersede and lake priority,
(remainder of this page intentionally left blank)
070 -6178 -AMERICAN MMP COMPANY
28
Page 48 of.162 r;t
'IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
130 0:na�6rl
II
"V +efr U P
Print Name
V
CITY Or SUNNY ISLES BEACH
BY:
Christop er Russo, City Manager
APPROVED AS TO FORM AND
LEGA SB 1 V
iI.:.
0 mot, Cit Attorney
070-6179 -AMERICAN RAMP COMPANY 29
Page 49 oft 672
601 McKinley
Joplin, MO 64801
Toll-free 877 -RAMP -778
Local 417-206-6816
Fax 417-206-6888
saleg(&americanramocomnanv com
aoac=e
WWW.AMEAICANR AMPCOMPANY.COM
Project Description: Haulover Park, Velosolutions Pumptrack
Quote #Q21057
NJPA Contract # 030117 -ARC
tl.. •:dw r...,+ve rtnvel iror,cn it Efdf1 K1 R7 S7
Category
Item
Total
Planning/Design
velosolutions Design Package
$ 34,500.00
Mobilization
Accommodations
Housing, Per Diem, and Misc.
$ 28,750.00
Accommodations
Labor
Superintendent/Machine operators
$ 109,250.00
Machines
Equipment
Tools
$ 11,500.00
Gas/Fuel, Grease, Consumables,
Etc.
Fill, subbase, Asphalt, etc.
Materials
Drainage, Misc, Construction
$ 86,250.00
Materials
Aesthetics
Landscaping
$ 17,250.00
Fencing
Sub -Total
$ 287,500.00
NJPADiscount-7%
$ (20,225.00)
Grand Total
$ 267,375.00
Notes:
• This quote includes payment and performance bonds as required by project.
• Payment Terms are as follows: 25% Upon Contract Signing, 25% Upon Mobilization; 25°! Upon
completion of earthwork, 26% Balance Upon Project Completion
WE LOOK FORWARD TO BUILDING YOU A GREAT PARK!
REA
Nalionai Joinl Provers All(ance'
"N)I'A Awarded Contract"
# 0307.1.7 -ARC
ATTACHMENT "A"
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Exhibit 5
SURETY PERFORMANCE AND PAYMENT BOND
By this Bond, We as Principal, whose principal business address is as
Contractor under the contract dated 2017, between Principal and Miami -Dade County for the
construction of Project No (herein after
referred to as "Contract") the terns of which Contract are incorporated by reference in its entirety into this
Bond and , a corporation,
whose principal business address is as Surety, are
bound to Miami -Dade County (hereinafter referred to as "Comity") in the sum of
(U.S. dollars) $ , for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
TEE CONDITION OF THIS BOND is that if Principal:
1. Performs all the work under the Contract, including but not limited to guarantees,
warranties and the curing of latent defects, said Contract being made a part of this bond by
reference, and in the times and in the manner prescribed in the Contract, including any and all
damages for delay; and
2. Promptly makes payments to all claimants, as defined in Section 255.05 0), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the contract; and
3. Pays County all losses, damages, including damages for delay, expenses, costs and
attorney's fees, including appellate proceedings, that County sustains because of a default by
Principal under the Contract, including but not limited to a failure to honor all guarantees and
warranties or to cure latent defects in its work or materials within 5 years after completion of
the work under the Contract; and
4. Performs the guarantee of all work and materials famished under the contract for the time
specified in the Contract, including all warranties and curing all latent defects within 5 years
after completion of the work under the Contract; then this bond is void; otherwise it remains in
full force.
If no specific periods of warranty are stated in the Contract for any particular item or work, material
or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final
acceptance by the County. This Bond does not limit the County's ability to pursue suits directly with the
Principal seeking damages for latent defects in materials or workmanship, such actions being subject to
the limitations found in Section 95.11(3)(c), Florida Statutes.
Any changes in or under the Contract Documents and compliance or noncompliance with any
formalities connected with the Contract or the changes does not affect Surety's obligation under this
Bond.
RPQ No. 320802-12-001
PageXof,$4 3
W
SURETY PERFORMANCE BOND (Cont'd)
IN WITNESS WHEREOF, the above bounden pities have caused this Bond to be
executed by their appropriate officials as of the day of 20
CONTRACTOR:
(Contractor Name)
1m
(President) (Managing Partner or Joint Venturer)
COUNTERSIGNED BY RESIDENT
FLORIDA AGENT OF SURETY: SURETY:
(Copy of Agent's current
Identification Card as issued by
State of Florida Insurance Commissioner must be attached) By:
(CORPORATE SEAL)
RPQ No. 320802-12-001
(SEAL)
Attorney -in -Fact
(Power of Attorney must be attached)
Page,�*fot�e (3
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