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HomeMy WebLinkAboutReso 2017-2716RESOLUTION NO.2017- 211 � 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 THIS 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 Ramp. 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- Interlocal Agmt w NIDC for Skate Park at Haulover Page 1 of 2 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 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". Section 3. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon PASSED AND ADOPTED this 20th day of J /9 Mauricio BetAncur, Acting City Clerk APPROVED AS TO FORM AN A S FICIENCY: H s ttinot, City Attorney Vote: Mayor Scholl Vice Mayor Goldman Commissioner Aelion-A%W Commissioner Gatto Commissioner Svechin George Fy Scholl, Mayor Moved by: COMA- G krM Seconded by: Viet Mv-6abro*j (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) -(Yes) (No) 2017- Interlocal Agmt w DDC for Skate Park at Haulover Page 2 of 2 o, Nrlffl•. . L'n Y 2 • 'AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 0• IaM • AND AMERICAN RAMP COMPANY CONTRACT NO.030-6178 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 11 r-day of CL0A i 017, 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 State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. 4 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/pumptrack at Haulover Park, located at 10800 Collins Avenue ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the National Joint Powers Alliance ("NJPA") 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, for a 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 mutual covenants herein name, the parties agree as follows: ARTICLE 1. DEFINITIONS Agreement means this Agreement together with the Contract Documents. Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in accordance with the provisions of the Contract Documents. 818 Commencement Date 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 complete 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 RFP No. 030117. Contractor Project Manager means the person designated by Contractor as its lead representative to the City. The Contractor Project Manager shall have the authority to obligate and bind the Contractor 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 other 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. Cure 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 030.6178 - AMERICAN RAMP COMPANY 2 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 his 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 Skatepark/Pumptrack Initiative at 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 the response 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 030-6178-AMERICAN RAMP COMPANY 3 services in connection with the "Regional Hybrid Skatepark/Pumptrack 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", attached hereto and made a part hereof, pursuant to the terms 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 Skatepark/PumptrackInitiative 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 Skatepark 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 - AMERICAN RAMP COMPANY have conducted an inspection of the Project; shall have reasonably Approved of same; and shall have reasonably determined that all Work has been completed substantially in compliance with the Contract Documents, subject only to completion of punch=list items. ARTICLE 4. CONTRACT TIME, TIME FOR COMPLETION AND LYQUIDATED.OAMAGES 4.1 The Commencement Date shall be no later than five (5) days -after City's issuance of the. Notice to Proceed. Contractor shall perform the Work in accordance with the Contract Docurnents- and shall achieve Substantial Completion of.the Project no later than Onc Hundred and Fifty (150) calendai days from the issuance of the Notice to Proceed ("Substanthil Complellon" ). Thereafter, Contractor shall be required to obtain Final Completion of the Project no later -than One Hundred Eighty (180) calendar days from the'issuance-of the_Notice to Proceed ("Finnl Completion"). 4.2 Contractor shall complete -all applications for1ltc Permits, and submit all required documents,including but not limited, to the Bonds and the Insurance Certificate, within ten._(10) calendar -days'after issuance of a Notice'to Proceed b. the City. In the event Contractor fails to deliver to the City the required documents within tail (10) days sifter issuance. of a Notice to Proceed, or fails to apply for the Permits within ten (10). days after issuance of a Notice to Proceed, or fails to commence the Work .within five (5) days tiger issuance ofa Notice to Proceed, then Contractor shall be in default. In such event the.City; in addition to all remedies provided for an event of Contnictor's default hereunder, shall have the right to collect from Contractor:ell expenses incurred by the City in the procurement of the Work in connection with the Regional Hybrid Skatepark/Pumpirack Initiative of HauloverPark. 4.3 Upon failure of Contractor to achieve -Final Completion of the Work- no later than. One. Hundr"ed El 911 ty (180).calendar days.from the Commencement Date specified in the.Notice to Proceed, or Substantial Completion within One Hundred and Fifty (150) calendar days from American the Commencement, Date specified in ilia Notice to P bdecd, plus any, approved. time extensio Ramps(ifapplicable),Contractorshttll,payto'theCttythesum;of ;_ . Dollar $500 for .each calendar day date beyond these deadlines These. amounts are not intials penalties but are liquidated damages to the City 'for its- inability to obtain beneficial occupancy and/or use of the Project. Liquidated 'damages are hereby fixed and 'agreed Subject to upon between the. parties, recognizing the impossibility of precisely ascertaining the City amount of damages that will be sustained by the City -as a consequence,of such delay, aiid'both Manager's parties desiring to obviate any question of dispute conccrningthe amount of said damages and signed the cost and .'effector the failure of Contractor to complete the Work- on time. approval. 4.4 Construction of the Work. shall.,be deemed tohave been completed once all of the work upon the occurrence of all of the following: (i) the architect of record 'has signed and delivered to City a certificate of Finial Completion in accordance with the Plans and Specifications; (ii)_punch list items for -the -Work have been completed;.and (iii):Contractor has achieved Final Completion of the Work. 030.6178-AMERICAN RAMP COMPANY '5 S 1 no ARTICLE 5 CONTRACT AMOUNT, PROGPSS PAYMENTS AND FINAL PAYMENT 5.1 The City -shall pay to the Contractor, fqF the;faithful performance of. -all Work in connection ; with this Agreement, an amount not .to exceed.,Two Hundred Sixty -Seven Thousand Three Hundred Seventy -Rive. Dollars ($267,375.OQ). Payment shall be.-ma.de a pursuant to pproved applications for payment approved by the City and accompanied by sufficient supporting documentation, and.contain_ ing sufficient detail, to allow a proper :audit of expenditures, should the City require one to be performed. Contractor shall be. entitled ;to no other compensation for the Work to be performed hereunder, and Contractor expressly covenants and _agrees that all expenses incurred by Contractor in the conduct of its activities and 'the performance of its obligations and services hereunder shall be borne exclusively by Contractor and Contractor "shall be solely responsible -for the payment of same. Contractor understands and agrees that Contractor shall -not be entitled to any benefits not expressly specified in this Agreement. 5.2 Contractor may make Application for Payment for Work completed during the Project at intervals of not more than once a month. Contractor's Application foi: Payment shall include partial release(s) of liens or consent of Surety relative -to the portion of the Work; `which is the subject of the Application for Payment and ariy otherinformation required by the .City..Each Application for Payment. shall be�'submittedin triplicate to the City for approval.- 5.2.1. All payments to Contractor hereunder• shall be made on a work in -place basis following inspection and approval by the City. Every ti#y-(38}da3�s-eFle`ss during the progcess� of construction, Contractor will submit to the City an application for payment (referred to herein as an `.`Application for P_ ayment') covering the portion of the Work performed (and materials used) for which payment has not been previously made. Each such Application for Payment shall be in City form and 'substance reasonably satisfactory.toahe City and shall include, with limitation;. (a) -the Manager's amount due for the Work performed for which Contractor is -requesting payment, (b)-8 reasonably intials: detailed breakdown and itemization of such Work and the amount -due, (e) the percentage of completion of .the Work performed, (d) the sum of all iprior payments made from the :City to Contractor hereunder; and (e) such other information] and attachments as shall be reasonably 4 required by the City for purposes of evaluating the Work performed for which. Contractor is requestin g payment. At the time Contractor submiis.an,Application for Payment to the City, if requested by the City, Contractor will also provide'to the:City tnie, correct and legible copies of all invoices and bills for labor and materials incorporated in the Work and which are to be -paid om the proceeds of the payment to be�nade by the City. at such time Trzr�rks•.1S°lo a# Con}fa, 25°!o µcb�6'td�bn, aba a} �a 25°/, u0� Corac► S.2.2. Each Application for Payment made from Contractor- to the City hereunder shall be deemed a representation and warranty' by.Contractor to the Cityahat, as of the date:of such Application forPayment, (a) there exists no Event of Default.(as hereinafter defined) and no event LMa or-Condit on'that, with notice or lapse -of tiine, or both,;would constitute an Event of Default,-(b) ger'sthere has, been no material variance from. the ContractD.ocunlents with respect to the_ Work: performed through the date of -such Application for Payment. and {c) all Work .performed in furt}lerance-of :the construction of the Improvements at the then.eurrent state of,construction, has 'been.done in a good arid. workmanlike manner, and all materials, equipment, furnishings and fixtures usually furnished and installed at such time have,been so furnished and installed in a good and workmanlike manner. 0304178-AMERiCAN RAMP COMPANY scent. (10%) of all monies earned by Contractor shall be retained by the City until Final Completion, closeout documents, and acceptance by the City. Any reduction in retainage shall be in accordance wit .078 Florida Statutes. Any interest earned on retainag e shall accrue to the benefit of the City. All reque tainage reduction shall be in writing in a separate stand alone document. 0 o Re.. ; V) 5.4 The City may witlihold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: City Manager's 5.4.1 Defective Work not remedied by Contractor. intials: 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 (lie Work is ready for final inspection and acceptance, the City will make an inspection tliereof. 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 arising out of this Agreement, or receipts in full in lieu thereof, an _affidavit certifying that all suppliers and Sub -Contractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a 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 prior to issuance of the Final Certificate for Payment. 5.7 If, after 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 and accepted. Such payment shall be made under the terms and conditions governing 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 made in strict accordance with the provisions of the Agreement and identified by Contractor as unsettled at the time of the application for final payment. 030.6178 - AMERICAN RAMP COMPANY 5.9 All invoices submitted by Contractor to the City shall include sufficient details for a 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 Prior to the commencement of any Work by the Contractor or the purchase of any materials 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. 6.4 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. ARTICLE 7. 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. 030.6178 - AMERICAN RAMP COMPANY 7.2 15% Plans. When 15% of the overall design of the Skatepark has been completed (i.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 and/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/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 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 and obtain written approval from City prior to submitting the Final Plans to the regulatory agencies for permitting. 7.5 Mobilization. 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. 03"178 - AMERICAN RAMP COMPANY 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 or disruptions to Miami -Dade 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) 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 thru 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 Miami -Dade County and the following documents must be attached to the Document Closeout: 1. Completed Punch List(s) 2. Electronic copy in pdf format of final approved Operation and Maintenance (0&M) Manuals. 3. As -Built drawings converted to accurate Record Drawings. 4. Written certification signed by the City 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 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. 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 030-6178--AMERICAN RAMP COMPANY to 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. PUNCH 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 and/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. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. 9.2 When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the City inspect the Work to determine if Substantial 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 shall 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 City 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. 030.6178-AMERICAN RAMP COMPANY I 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 employees, from any and all claims, liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys 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 that any 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 -Dade 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 all'Sub-Contractor agreements to include a provision that said sub- contractor(s) shall indemnify, defend and hold harmless the City and 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. ARTICLE 11. INSURANCE REQUIREMENTS 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: O 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 ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 030.6178 - AMERICAN RAMP COMPANY 114 o Primary and Non -Contributory, Waiver of Subrogation on behalf of 'the City of Sunny Isles Beach; o Premises and Operation; o Independent Contractors; o Products and/or Completed Operations Hazard; o Broad Form Property Damage; o Explosion, Collapse, and Underground ("}CCU") Liability Coverage o Broad Form Contractual Coverage applicable to this specific Contn3ct, including any hold harmless and/or indemnification agreement; anti o Personal Injury Coverage with Employee and Contractual ExclusiaDris removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Usability. C] Worker's Compensation and employer's liabilily coverage, as required pursuartt to Florida law. q Professional Liability Insurance with minimum limits of not less than f4w Mill ion Dollars (ShOG4;$fi8.A) per occurrence and aggregate. JW ++00. °0 i� Business Au otnat�tle Liability with minimum limits of not less than Five Minion Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injl,uy Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Insurance polii cy, without restrictive 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 file and make sure that all certificates of insurance required by this Agreement are in the City's possession. Thiese certificates shall contain a provision that the coverage afforded under the policies 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-DaAe County shall be named as additional insureds an the above -referenced polici es. Contractor agrees that if any part of the Work under is subcontracted, they v,dp require the Sub -contractors) to carry insurance as required, and that they vdtl require the Sub- contractor(s) to furnish 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 shoi,dd any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage 0346119 - AM E MCAN RAMP COMPANY 13 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 tv 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 -renewal 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 Insurance Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. ARTICLE 12. PERFORMANCE AND PAYMENT BOND Contractor is required to furnish 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 Miami -Dade County. Contractor shall not have the right to bind the City or Miami -Dade County to any 030.6178 - AMERICAN RAMP COMPANY 14 obligations whatsoever, and this 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. ARTICLE 14. COMPLIANCE WITH LAWS, NONDISCUMNATION, EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT, AND PAYMENT OF TAXES 14.1 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 Hours 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 ordinances and with those of any other governmental or quasi- governmental body having jurisdiction over the Project, or any portion thereof. Contractor has reviewed the Plans and Specifications and is satisfied that they do not call for construction 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. 14.3 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 withal ' I applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing anservices funded by 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. 14.5 Contractor affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, regarding the discriminatory vendor list. Contractor understands that an entity or affiliate 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 RAMP COMPANY 15 with any public entity. Contractor further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, 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 for seven (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; (c) The insolvency of Contractor; (d) The appointment of a receiver of Contractor, or of all or any substantial part 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; (0 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 a bankrupt, 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 a party 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 after 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. 030-6178-AMERICAN RAMPCOMPANY 16 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 the 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 of one 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 WITH 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 this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services 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 030.6178-AMERICAN RAMP COMPANY 17 the purposes of sct-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 the event 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-Ts, 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 030.6179 - AMERICAN RAMP COMPANY Is 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 be 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 MAJEURE Should any party fail to perform its obligations under this Agreement due to a condition of force majeure, as that term 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. 030.6178 - AMERICAN RAMP COMPANY 19 ARTICLE 23. PERMITS AND LICENSES ("PERMITS") Except as otherwise provided within the 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. It .is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. ARTICLE 24. 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, Contractor shall promptly either correct all defective work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 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 accordance with 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 the 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 WORK All Work not conforming to the requirements of the Contract Documents, or which is rejected by any governmental authority, will be considered defective. Contractor shall 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 030.6179-AMERICAN RAMP COMPANY 20 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 the 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 thereof] 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 the 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 warranty. 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 030.6178 - AMMUCAN RAMP COMPANY 21 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, delivery and 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 at all 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 clean and orderly condition as the circumstances will permit. All materials, equipment, furnishings and fixtures incorporated in the Work will be new unless 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 safety 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. 030.6179 - AMERICAN RAMP COMPANY 22 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 Florida, 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 shall 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 Contractor of 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 cdInferences 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. 030•6178-AMERICAN RAMP COMPANY 23 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 has 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. 33.2 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 shall have provided the City with the Claim Notice. Any amounts so withheld shall 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 DOCUMENTS 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 the property 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. 030-6179-AMERICAN RAMP COMPANY 24 (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, 4" 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 030.6178-AMERICAN RAMP COMPANY 25 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 farther 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 the provisions 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: 0304178 - AMERICAN RAMP COMPANY 26 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. 0 Floor 18070 Collins Ave. 41h Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1701 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 ARTICLE 45. SEVERABILITY In the event the any provision of this Agreement is determined by a Court of competent jurisdiction 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 take priority. (remainder of this page intentionally left blank) 030-6178 - AMERICAN RAMP COMPANY 28 'IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: �oha�ton �un%r, U � Print Name ATTESWio CITY Or SUNNY ISLES BEACH BY, BY: _ �Itanc r, CMC Christop er Russo, City Manager a diy Cle APPROV AS TO CORM AND • C,• a �_,., �.` `s -� B. 0 Knot, City Attorney 030.6178-AMERICAN RAMP COMPANY 29 601 McKinsey Japan, MO 64801 T&free 877-RAMP-778 Local 417.20M16 Fax 417-20"888 sa%sCMamedcanram2mmoa nv.com WWW.AMLRICANRAM PCOMPANY.COti Project Description: Haulover Park, Velosolutions Pumptrack Quote #Q21057 NJPA Contract # 030117-ARC Onr1A2 Cnntrartnrc I franca @ CAM1910 Category Item Total Planning/Design Velosolutions Design Puble $ 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, ConsumaWes, Etc. Fill, Subbase, Asphalt, etc Materials Drainage, Misc. Construction $ 86,250.00 Materials Landscaping $ 17,250.00 Fencing Sub Total $ 287,500.00 NJPA Discount - 7% (20,125.00) Grand Total $ 267,375.00 Notes: • This qucte includes payment and performance bonds as required by project • Payment Terms areas follows: 26% Upon Contract Signing, 25% Upon Mobilization, 250/0 Upon completion of earthwork, 26% Balance Upon Project Completion WE LOOK FORWARD TO BUILDING YOU A GREAT PARKI WJPA' "NJPA Awarded Contract" # 030117-ARC ATTACHMENT "A" rl 0J E t _ ,, �:Jjt •1lY� 44 V+ - Rot "A f ° • fv t )ram .. t. •fir. a s- t.;. r•,r,.t ::t�ii ! � ••. — `•� ,�(4[r�i'.J;t s�.l lltr,•t�+''�t�y�•°r <. • pp . rr- f i ;; S slh 'R MIN w 3 ) 4'� `JI, ` + . ���t, � trey' i::. ,[• t,13�,yl�,,Sf�jY i• t .3� ).{cl�/jJi��71%{I � t{i!#r541i:i, �ri�:). •: r t t y ': . .. t,5`� tS� ` r ' tr•l•� '•v��Tt" t +'J}rji 11. d�l� is sj75 1 v 1� yy ....tr r a. 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City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (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. 148