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Exhibit I GMP Amendment No. 1 attachments EXHIBIT I:• GMP AMENDMENT NO. 1 ATTACHMENT I CONTRACT DOCUMENTS: .: . THE;CONSTRUCTION DOCUMENTS DATED June-20,.2012 ' ATTACHMENT II CONTRACT DOCUMENTS: - . THE SPECIFICATIONS DATED June 20, 2012 ATTACHMENT III CONTRACT DOCUMENTS: GENERAL AND SUPPLEMENTARY CONDITIONS EXECUTED:PRE.-CONSTRUCTION SERVICES AGREEMENT DATED May 14, 2012 ATTACHMENT IV CONTRACT:DOCUMENTS: GMP BOOKI CONSTRUCTION MANAGER'S PROPOSAL; QUALIFICATIONS AND ASSUMPTIONS DATED September 12, 2012 ATTACHMENT V - .-CONTRACT DOCUMENTS: 'CONSTRUCTION MANAGER'S SALARY AND WAGE.SCHEDULE COMPLIANCE WITH-DAVIS.BACO.N ACT ATTACHMENT VI CONTRACT DOCUMENTS: PROJECT SCHEDULE DATED September 6, 2012- ATTACHMENT VII CONTRACT DOCUMENTS: 'ONSITE SITE MANAGEMENT-AND.SUPERVISORY`PERSONNEL ATTACHMENT VIII .: CONTRACT:DOCUMENTS: :SCHEDULE OF VALUES DATED August 31, 2012:.- U) J z Q Z ❑ ❑ Z z w Z > Q J o a z a a ❑❑ W ¢ L Z W❑ O O w Z U Q a a❑a a W� 5 w❑ ai z❑w rii wW ZQw J O J 5❑N Z F O w z f >N W 'au: J O ? 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N'�Y J N{'r T a N Cl q N{Q n Z w cn N w w m w w w w w m Q Q Q Q a a a d a a a W W W W W 6!d W 0 z d 0 0 rz w z r 661 U 00 00 a aW'-' i _ Q z z v a z w m m H m z z �Z g N m m m m m w z a O a a z V U O O❑❑❑ J W 7 7 w op:>¢a a¢a z a a❑ ox z z_ 5a G a¢a 5ww �W ❑ ZZ zzz Sa0Zm �a wZ� a V rwLLI mQ W W 00000 W m`_'oo (ri Z . . �z Jz z d wp¢Oaacr�cri z0 Jr(ricri�cricri z�>❑❑ ❑ zzzz ZQ.Z (L a-® =O.5 r W Z Q 0 LL_Z W w w w w .�W w r r F- 92 0 0 J J O 0 U' ❑ cn Er z 5 O=O L r r V =O w w w w w a N w W w w F H C H ¢ F z Z Z wOaaNwww xa> wUQaivN Vwiww www�� z 0000 J w j- >ywwx�zz m > r00000 zrr❑❑ o �� ga zz -� o w r N w O o Q O y a W a a W W F w W w w 7 W W.w.i w a w m U❑w w w a U U W U N❑O U U U O 0 3 3 w w J ❑❑❑❑ V (7 c7 w w W p> J O m W O N t7 v Y)m A 0 m N t?er N t4 n m �I r N t�q'� W —N m Q N l7 q Yf W n v (7 C7(7 U' U' U' (7(7(7 r N >>>>>>>j U U U U U U 0 0 0 0❑ w v1 U)w w(0 w z P-� m LU LU� R C--4 4m p ® T N ci LJL a] Lu / z cT �9 IH �r7[1I}� rA ;} LLI LJL co O IL 0 &O f ® Q z N c;)w LL z pr Lo Q C', vU^ w m � ire � 4Y L) a� U LU z ® � V� ��' m L) r` LL >= ® U) R,L Y 0 N . w 0 Z Z c1r) r w w N ( M Cl) w o o z z z w Q J O — zm U- m< 0 2:0 F- � o < o 0 O � E c� < (D L) w CO wwO ¢X g I— ZU LLJ H O � o � WOO F" o Ulm Contract Documents TWC, Prolog Exhibit B THE WEITZ COMPANY-FLORIDA Project# F112300 SOUTH POINTE PARK PIER :1 Washington Avenue Miami Beach,FL 33139 Tel: 561-686-5511 Fax: 561-686-7774 Number Title Issue r Title,__ -. -- - - - -- -• CS Cover Sheet 10/24/11 6/20/12 0 Civil _ - C-1 General Notes 8/26/11 12/1/11 1 C-2 Water Service Plan 8/26111 12/1/11 1 C-3 Water Service Details 8/26/11 8/26/11 0 C-4 Sediment Control Plan 8/26/11 8/26/11 0 C-5 Sediment Control Details 8/26/11 8/26/11 0 D-1 Demolition Notes 8/26/11 8/26/11 0 D-2 Demolition-Pier Photographs 8/26/11 8/26/11 0 D-3 Demolition-Existing Pier Plan 8/26/11 12/1/11 1 D-4 Demolition-Existing Pier Sections 8/26/11 8/26/11 0 FWC-1 Site Plan(Aerial) 7/1/11 7/1/11 0 FWC-2 Pier Plan 7/1/11 7/1/11 0 FWC-3 Pier Plaza Plan 7/1/11 7/1/11 0 FWC-4 Schedule and Details 7/1/11 7/1/11 0 V-1 Topographic Cover 8/1/12 8/1/12 0 V-2 Sketch of Legal Description 8/l/12 8/1/12 0 V-3 Data Point Elevations and Contours 8/1/12 8/1/12 0 V-4 Cross Sections 8/l/12 8/l/12 0 V-5 Cross Sections 8/1/12 8/1/12 0 V-6 Cross Sections 8/1/12 8/1/12 0 V-7 Cross Sections 8/1/12 8/1/12 0 V-8 Cross Sections 8/1/12 8/1/12 0 Landscape L-1 Landscape Demolition 8/26/11 8/26/11 0 L-2 Pier Plaza Plan 8/26/11 8/26/11 0 L-3 Plaza Grading Plan 8/26/11 12/1/11 1 L-4 Pavement Sections 8/26/11 8/26/11 0 L-5 Details 8/26/11 8/26/11 0 L-6 Plant Installations 8/26/11 8/26/11 0 L-7 Notes and Details 8/26/11 8/26/11 0 Architectural, A-1 Pier Plan 8/26111 12/1/11 1 A-2 Enlarged Plans-Shade Canopy 8/26111 12/1/11 1 A-3 Elevations/Sections-Shade Canopy 8/26/11 12/1/11 1 Initials Prolog Manager Printed on: 9/5/2012 Weitz Florida Pagel Contract Documents TWC, Prolog Exhibit B Number Title Issue Date Latest Rev. Rev A-4 Details-Guardrail 8/26/11 12/1/11 1 A-5 Fish Cleaning Station Details 8/26/11 8/26/11 0 Structural S-1 Structural General Notes 8/26/11 12/1/11 1 S-10 Structural Pile Cap Details 8/26/11 12/1/11 1 S-11 Structural Beam Details 8/26/11 8/26/11 0 S-12 Structural Deck Details 8/26/11 8/26/11 0 S-13 Structural Deck Details 8/26/11 8/26/11 0 S-14 Structural Canopy Details 8/26/11 8/26/11 0 S-15 Structural Canopy Plan,Elevation and Sections 8/26/11 8/26/11 0 S-16 Structural Guardrail Details 8/26/11 8/26/11 0 S-17 Structural Miscellaneous Details 8/26/11 8/26/11 0 S-18 Structural Pile Details 8/26/11 8/26/11 0 S-19 Structural 24"Pile Details 8/26/11 8/26/11 0 S-2 Structural General Plan 8/26/11 12/1/11 1 S-3 Structural Elevations 8/26/11 8/26/11 0 S-4 Sturctural Sections 8/26/11 8/26/11 0 S-5 Structural Pile and Pile Cap Plan 8/26/11 8/26/11 0 S-6 Structural Framing Plan 8/26/11 8/26/11 0 S-7 Structural Bollard Plan 8/26/11 8/26/11 0 S-8 Retaining Wall Details 8/26/11 8/26/11 0 S-9 Structural Pile Cap Details 8/26/11 8/26/11 0 Plumbing P-1 Plumbing General Notes Legend and Details 8/26/11 12/1111 1 P-2 Plumbing Plan 8/26/11 12/1/11 1 P-3 Plumbing Sections 8/26/11 8/26/11 0 P-4 Details 8/26/11 8/26/11 0 Electrical E-1 Electrical Pier Plan 8/26/11 12/1/11 1 E-2 Site Power Distribution Plan 8/26/11 8/26/11 0 E-3 Electrical Riser Diagram,Schedule and Notes 8/26/11 2/1/12 2 E-4 Schedule,Symbol Legend and Details 8/26/11 6/1/12 2 E-4 Schedule,Symbol Legend and Details 8126/11 6/1/12 3 General G-1 Design Codes and Resources 8/26/11 8/26/11 0 G-2 Site Plan(Aerial) 8/26/11 8/26/11 0 G-3 Site Photographs 8/26/11 8/26/11 0 G-4 Fishing Zone Plan 8/26/11 12/1/11 1 G-5 Pier Signage Plan 8/26/11 4/1/12 1 G-6 Construction Sequencing Restrictions-Waterside 8/26111 12/1/11 1 G-7 Construction Sequencing Restrictions-Landside 8/26/11 4/1/12 1 Initials Prolog Manager Printed on: 9/5/2012 Weitz Florida Page 2 SOUTH POINTE PARK PIER PROJECT MANUAL FOR 100% Submittal Package Invitation to Bid (ITB) Technical Specifications Prepared for m MIAMIBEACH Prepared by ATKINS 2001 NW 107 Avenue Miami,Florida 33172 August 26, 2011 TABLE OF CONTENTS PAGE 4 m NOTICE FOR BEDS ... . . ............................................ ................. ..6 ..MINIMUM REQUIREMENT-COMPLIANCE ........ .<:.. ... ..•••••••••:•„••• :6 NO IBID_NOTLFICATION FORM .... .9 ,;00100 f GENERAL:�INSTRUCTIONS TO BIDDERS .... . ... ::10 0°0200 DEFINITIONS.. .......... .......... ........ ....12 00300..: INSTRUCTIONS TO BIDDERS . 16 .. ....................... .... = Examination of Contract Documents and Site. 2 Pre Bi`d Infer retations ............................r ... . 16 - 3 Submitting=B ds: ... ... •• .... 16 4 Y .16 Printed Form of=Bid 5. . :Bid Guaranty 17 ., D- 6. or Refection.of i ds .:... :... . 7. D.eter'mination of Award .......................... .. ..17 -• ........ 8. . Evaluation{ •. ...............17 9. Contract Price 18 .. 10 ' Post onerrientof Date for Pre p, and Openit Of-Bids ..................18 senting 11 =Qualifications°of Bidders. .1 g 12 -Add Modifications .1 g 13 Prevailing Wag`e'Rates .... •..... .:. ..........18 •• 14 Occupational Health and Safety ................................ ....,•.,1 g 15 Envrronrnental.Regulations .... ...`... . ... .:.........19 6 "Or'Equal.. Clause ......... .19 -17 'Protested Solicitation and Award.... . ....•..• .•••.•.20 -18 - Financial Stability and Strength...... yf :20 19. : Equ Be efits°;Ordinance.............: �. . • . .. .20 _ -. 003, .. . .. � _ _ - 05 ADMINISTRATIVE-EVALUATION PROCESS ....32 ............ '.0031.0 CITY-•COMMI-sSION' AUTHORITY . .34_ 00315 BID SUBMISSIONfREQUIREM"ENTS: = - .35 00400 BID/TENDER FORM ..:. .. ...... ...:.: ....:.... ... .45 00405"CITY, MIAMI:BEACH LICENSES, PERMITS-AND FEES............... 48 ..... 50 00407 SCHEDULE OF PRICES;BID.......... BID NO 39-10/11`t CITY OF MIA ~ DATE:,Aua�ust i 2,f2011 ,'2 MI BEACH TABLE OF CONTENTS (Continued) 00408. LUMP SUM AND UNIT PRICE BID BREAKDOWN FORM.............................................51 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT..........................56 00500. SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE.................................58 00520. SUPPLEMENT TO BID/TENDER FORM - NON-COLLUSION CERTIFICATE..........65 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION.........................................................................66 00540. SUPPLEMENT TO BID/TENDER FORM-TRENCH SAFETY ACT.............................68 00550. RECYCLED CONTENT INFORMATION.......................................................................70 00600. CONTRACT..................................................................................................................71 00708. FORM CERTIFICATE OF INSURANCE........................................................................79 00710. FORM OF PERFORMANCE BOND..............................................................................80 00720. FORM OF PAYMENT BOND ........................................................................................82 00721.CERTIFICATE AS TO CORPORATE PRINCIPAL...... ...............................:.................. 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT...........................................................85 00800. GENERAL CONDITIONS ..................................................................................87 1. Project Manual .......................................................................................87 2. Intention of City ......................................................................................87 3. Preliminary Matters ................................................................................87 4. Performance Bond/Payment Bond .........................................................90 5. Qualification of Surety............................................................................90 6. Indemnification.......................................................................................92 7. Insurance Requirements ........................................................................92 8.. Labor and Materials................................................................................95 9. Royalties and Patents.............................................................................95 10. Weather..................................................................................................95 11. Permits, Licenses and Impact Fees........................................................95 12. Resolution of Disputes............................................................................96 13. Inspection of Work..................................................................................96 14. Superintendence and Supervision..........................................................97 15. City's Right to Terminate Contract..........................................................98 16. Contractor's Right to Stop Work or Terminate Contract..........................99 17. Assignment ............................................................................................99 18. Rights of Various Interests ...................................................................100 19. Differing Site Conditions.......................................................................100 BID NO:39-10/11 CITY OF MIAMI BEACH DATE:August 12,2011 3 TABLE OF CONTENTS (Continued) 20. Plans and Working Drawings................................................................100 21. Contractor to Check Plans, Specifications, and Data............................101 22. Contractor's Responsibility for Damages and Accidents.......................101 23. Warranty...............................................................................................101 24. Supplementary Drawings .....................................................................101 25. Defective Work.....................................................................................101 26. Taxes...................................................................................................102 27. Subcontracts........................................................................................102 28. Separate Contracts ..............................................................................103 29. Use of Completed Portions...................................................................103 30. Lands for Work.....................................................................................104 31. Legal Restrictions and Traffic Provisions..............................................105 32. Location and Damage to Existing Facilities, Equipment or Utilities.......105 33. Value Engineering................................................................................105 34. Continuing the Work.............................................................................106 35. Changes in the Work or Terms of Contract Documents........................106 36. Field Orders and Supplemental Instructions.........................................106 37. Change Orders.....................................................................................107 38. Value of Change Order Work...............................................................107 39. Notification and Claim for Change of Contract Time or Contract Price...........................................................111 40. No Damages for Delay.........................................................................112 41. Excusable Delay; Compensable; Non-Compensable............................112 42. Substantial Completion.........................................................................113 43. No Interest............................................................................................113 44. Shop Drawings.....................................................................................114 45. Field Layout of the Work and Record Drawings....................................115 46. Safety and Protection...........................................................................115 47. Final Bill of Materials ............................................................................116 48. Payment by City for Tests ....................................................................116 49. Project Sign..........................................................................................116 50. Hurricane Precautions...................................: .....:.................................117 51. Cleaning Up; City's Right to Clean Up..................................................117 52. Removal of Equipment.........................................................................117 53. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act......................................................117 54. Project Records....................................................................................118 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS..........................................119 00920. ADDITIONAL ARTICLES.................................................................................122 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ...................................123 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT...................................124 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION..........................................125 BID NO:39-10/11 CITY OF MIAMI BEACH DATE:August 12,2011 4 .TABLE OF CONTENTS (Continuedy, FINAL CERTIFIORTE.'O.F PAYMENT .. ... • .1.27 00930 FORM OF FINAL�RECEIFT.......... .128 01000 ADDENDA AND MOD'IFICATIONS....... .: j. ...... .... . 129 - 0200 TECH� NICAL SPECIFICATIONS- of Contenr t-s)....: �., .130..:.:..:..... 03000 .LIST OF'.DRAWlNGS- 133 _. - _ - 135 000 . A NOWLED EM ENT_OF ADDSND A . ...... .............. r 050;00. CUSTOMER-REFERENCE LISTING.. - . . . . - � � 060,00. SUB.CONTRACT R LI T ING INFORMATION'........... ATTACH n E,T. T'ECHfVICAL:SPECIFICATIONS PACKAGE f I j fr . =SID NO 39 10/11 CITY OF MIAMI�BEACFI LL DATE:Audpst 12,2011 5 ATTACH MENTII- .� TECHNICAL SPECIFICATIONS CITY OF MIAMI BEACH SOUTH POINTS PARK PIER G1VIP Contract Documents - June- 20, 12012 PREPARED BY: ATKINS North America, Inc. 2001-NW 107th Ave MIAMI, FLORIDA 33317 (305) 592-7275 (Voice) (305) 599-0448 (Fax) Aj Ti I N S' FBPR Certificate of Authorization NO:24 4 02000. TECHNICAL SPECIFICATIONS: CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER SECTION TECHNICAL SPECIFICATION PAGES DIVISION 1 —GENERAL REQUIREMENTS 01010 Summary of Work 01010-1 —01010-12 01012 N.I.C. Items 01012-1 —01012-1 01025 Measurement and Payment (Lump Sum and Unit Price) 01025-1 —01025-3 01045 Cutting and Patching 01045-1 —01045-3 01050 Field Engineering 01050-1 —01050-2 01060 Regulatory Requirements and Permits 01060-1 —01060-1 01070 Abbreviations 01070-1 —01070-3 01090 Reference Standards 01090-1 —01090-2 01152 Applications for Payment 01152-1 —01152-2 01200 Project Meetings 01200-1 —01200-4 01311 Schedules and Reports 01311-1 —01311-11 01340 Shop Drawings, Product Data and Samples 01340-1 —01340-5 01380 Construction Photography 01380-1 —01380-2 01400 Quality Control 01400-1 —01400-3 01410 Testing Laboratory Services 01410-1 —01410-4 01505 Mobilization, Site-Preparation and Demobilization 01505-1 —01505-2 01510 Temporary Utilities 01510-1 —01510-2 01520 Construction Aids 01520-1 —01520-2 01530 Protection of Existing Facilities 01530-1 —01530-4 01540 Emergency/Terrorism Response Plan 01540-1 —01540-1 01545 Hurricane Plan 01545-1 —01545-1 01550 Site Access and Storage 01550-1 —01550-2 01560 Temporary Controls 01560-1 —01560-4 01570 Traffic Regulations 01570-1 —01570-2 01580 Project Identification Signs 01580-1 —01580-3 01600 Material and Equipment 01600-1 —01600-4 01700 Contract Closeout 01700-1 —01700-4 01710 Cleaning 01710-1 —01710-2 01720 Project Record Documents 01720-1 —01720-5 01730 Operating and Maintenance Data 01730-1 —01730-6 01740 Guarantees and Bonds 01740-1 —01740-2 DIVISION 2 - SITEWORK 020300 Subsurface Investigations 020300-1 —020300-1 ATTACHMENT: KACO Report 024000 Demolition and Structure Removal 024000-1 —024000-3 ATTACHMENT: Pier As-Builts 029990 Coral Relocation 029990-1 —029990-3 DIVISION 03—CONCRETE 031113 Concrete Formwork 031113-1 —031113-3 031513 Concrete Accessories 031513-1 —031513-1 032100 Concrete Reinforcement 032100-1 —032100-3 032540 Neoprene Bearing Pads 032540-1 —032540-2 032553 Exposed Shell Aggregate Concrete Finish 032553-1 —032553-3 033100 Cast-In-Place Concrete 033100-1 —033100-7 033150 GeFFesoen Inhibiting GenGrete Deleted 033150-1 —033150-3 034100 Precast Concrete Beams 034100-1 —034100-2 DIVISION 05—METALS 050000 Metal Fabrications 050000-1 —050000-3 055230 Stainless Steel Railings 055230-1 —055230-8 055240 Aluminum Railings 055240-1 —055240-7 058000 Molded Elastomeric Hinged Cover System 058000-1 —058000-4 DIVISION 06—WOOD, PLASTICS & COMPOSITES 061000 Rough Carpentry 061000-1 —061000-3 061500 Wood Decking and Hand Railing 061500-1 —061500-3 DIVISION 09— FINISHES 099000 Paint 099000-1 —099000-2 DIVISION 10—SPECIALTIES 101000 Signage 101000-1 — 101000-2 104413 Fire Extinguisher Cabinets 104413-1 — 104413-5 101000 Fire Extinguishers 104416-1 — 104416-3 DIVISION 13—SPECIAL CONSTRUCTION 133133 Shade Canopy Fabric 133133-1 — 133133-3 DIVISION 15—SPECIAL CONSTRUCTION 15060 Piping and Fitting 15060-1 —15060-7 DIVISION 22— PLUMBING 221005 Plumbing Piping 221005-1 —221005-3 224000 Plumbing Fixtures 224000-1 —224000-2 DIVISION 26— ELECTRICAL 260519 Low-Voltage Electrical Power Conductors 260519-1 —260519-4 260526 Grounding and Bonding for Electrical Systems 260526-1 —260526-3 260529 Hangers and Supports for Electrical Systems 260529-1 —260529-2 260534 Conduit 260534-1 —260534-5 260537 Boxes 260537-1 —260537-3 260553 Identification for Electrical Systems 260553-1 —260553-3 262200 I e w-Voltage T sfeF m Deleted 262200_1 —262200-8 262416 Panelboards 262416-1 —262416-3 262817 Enclosed Circuit Breakers 262817-1 —262817-3 262818 Enclosed Circuit Switches 262818-1 —262818-2 265600 Exterior Lighting 265600-1 —265600-3 DIVISION 31 — EARTHWORK 311000 Site Clearing 311000-1 —311000-5 312000 Earth Moving 312000-1 —312000-7 316200 Precast Prestressed Concrete Piles 316200-1 —031620-8 DIVISION 32— EXTERIOR IMPROVEMENTS 321413 Concrete Pavers 321413-1 —321413-3 1 _ 32.1440 Stone Paving 321440-1 321440=5 329300 Plants 329300=1 ;329300-10 : 329320 Site Furnishings 329320'. 329320 2' VIVISION-33—WATERWAY i MARINE CONSTRUCTION Q I., 330500 Common Work.Results for Utilities 330500=1 7 r33Q500 7 I _� '• tin, 1, r - - .. r v, r. } _ J, i - 913112- A01_2 - �8t3 AGREEMENT FOR PRE-CONSTRUCTION SERVICES BETWEEN CITY OF MIAMI BEACH,.FLORIDA, AND THE WEITZ COMPANY,FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE SOUTH POINTE PARK PIER PROJECT MG THIS AGREEMENT, made and entered into'this day of AWff, 2b12, by and between the CITY OF. MIAMI.BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, ' FL 33139(hereinafter*City),and THE WEITZ COMPANY, a Florida corporation whose address is 4000 Hollywood Boulevard, Suite 120N, Hollywood, Florida, 33021 (hereinafter Construction Manager or CM). WITNESSED: WHEREAS,the City intends to construct a replacement pier at South Pointe Park, and desires to engage -the services of CM; and; WHEREAS,the CM desires to act as Construction Manager At-Risk to the City to provide the services as set forth in this,Agreement. NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good. and valuable consideration,the sufficiency of which is hereby acknowledged,City and CM agree as follows: • ARTICLE DEFINITIONS The following terms shall. have the meanings specified below; any capitalized terms referred to herein and not defined shall-have the meanings set forth in the Agreement between City and Construction Manager: 1.1 Architect/Erigineer or A/E: The "Architect/Engineer" or "A/E" shall mean that person: or firm designated as-the architect/engineer for the Project, or any portion thereof. Also referred to as the Consultant, this entity has entered into a separate agreement with the.City for design services for-the Project;said Agreement attached and incorporated as Exhibit VII hereto (also referred to as the AIE Agreement). For purposes of this. Agreement, the Architect/Engineer of record for the Project is Atkins, North America, Inc. whose principal address is 2001 Northwest 107 Avenue, Miami Florida,33172. X1.2 Bonds: The"Bonds°.shall-mean the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond furnished by the CM.as required by this Agreement. 1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the Bond(s). 1.4 Budget: The minimum amount established by the City for this Project, also referred to herein'as the "Construction Estimate", and which has been initially established as $4,000,000. CM herein acknowledges that, prior to execution of this Agreement, it has received the City's written Budget for the Project. 1.5 City or Owner: The "City" or °Owner" shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and.may also•be referred to as the °Owner" in this Agreement. The City, as a governmental entity, is subject to the availability of funds and annual appropriation of funds by-its legislative.body and other governmental authorities or sources of.revenue, in an amount to allow continuation of its performance under this Agreement. In the event of I ack:of funding for this Agreement, or the Project subject to this Agreement,this Agreement may be terminated for convenience by the-City, pursuant to the procedures set forth in.Subsection 6.2. -1.6 City Commission: "City Commission"shall mean the governing and-legislative body of the City. The City.Commission shall be the final authority to do or to approve the following actions or conduct by passage of,an enabling,resolution or amendment to this Agreement. 1.6:1 The City Commission'shall be the body to consider, comment upon,or approve of.any amendments . or modifications to this Agreement. '. 1.6.2 The City-Commission shall be the body-to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein' or any.subcontracts made pursuant to this Agreement. 1.6.3 All City Commission approvals and authorizations shall'be expressed by passage of an appropriate enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate amendment to this-Agreement. t .1.6.4 The City Commission shall approve or consider all Contract Amendments which exceed the sum of Twenty=Five Thousand Dollars and 00/100($25;000.00),or such other amount as may be specified by the City of Miami Beach'-Code in-its Procurement Ordinance,as same may be amended from time to time. . :. 17 City Manager: The'"City Manager" shall mean the Chief Administrative Officer of the City. The City Manager shall.be construed to include any duly authorized designees, including a Program Coordinator, and shall serve as the City's representative to whom administrative requests for-approval shall be made and who shall issue authorizations to the CM, exclusive of those authorizations reserved to the City Commission. These authorizations .-shall include, without limitation, reviewing,. approving, or otherwise commenting upon the schedules, plans; reports, estimates, contracts and other documents submitted to the City by the CM pursuant to the Scope of Services set,forth in this Agreement, as same may be amended from time to time. 1.7.1 The City Manager shall decide, in his'professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and he shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the CM's work. 1.7.2 The City Manager shall additionally be authorized, but not-required, upon written request of the CM, to reallocate monies already .budgeted toward-payment of the CM;,provided, however, -that he-cannot + increase the CM's compensation or-other budgets established by this Agreement. .1.7.3 The City Manager, in his administrative discretion, may consult with the -City Commission concerning.disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. - 1.7.4.The City Manager or his designee shall be the representative, on behalf of the City authorized to issue a Notice to Proceed. 1.7.5-The City Manager may approve Contract Amendments which shall not exceed the sum of Twenty- Five Thousand Dollars and 00/100($25,000.00), or such other amount as may be specified by the City of Miami -Beach..Code,.'in its Procurement Ordinance,as same may be amended from time to time. 1.:7.6 The City-Manager may, in his sole discretion, form a committee or committees, or inquire of-or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers;duties and responsibilities under this Agreement. 1.8 CM Principal: The "CM Principal" shall be the person.designated' by the CM as its senior .representative to the City. The CM Principal shall perform those duties required in this Agreement and shall have the-authority to commit and obligate the CM,and to fully act for the CM in all maters. .1.9 Claim: A "Claire" is a demand, assertion, dispute or other such claim by one of the parties hereto arising out of or based upon the terms and conditions of the Contract Documents. 1.10 Contract Amendment or Change Orders:"A Contract Amendment" or "Change Order" shall mean a written order to the CM approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or. an adjustment in the fees or completion dates, as*applicable, -and executed. by the City, CM, and the A/E. Contract Amendments and/or Change Orders affecting.changes to the Work shall be countersigned,by the CM ,and the A/E. Contract Amendments and/or Change-Orders shall be approved by the City Commission if they exceed Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or by the City Manager if they.are Twenty-Five. Thousand Dollars and 00/1:00 ($25,000.00) or less in amount(or such other amount as may be specified by the. City of Miami Beach Code, in'its Procurement Ordinance, as same may be amended from time to-time). Even for. Contract Amendments .and/or. Change Orders for less than Twenty-Five Thousand Dollars. and 00/100 ($25,000.00) the City Manager.shall retain the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendments and/or Change Orders 1.11 Construction Change Directive: The term "Construction Change Directive" shall mean a written directive to effect changes to the Work,prepared by the A/E and executed by the City. • 1.12 Construction Estimate: The term. "Construction. Estimate" shall mean a cost estimate for the completion of the entire Scope of Work for the Project, which estimate shall include all components of the Cost of the Work, as well-as the Construction Fee for the Project.' This estimate is initially established as.$4,000,000 which.is the sum budgeted by the City for the construction cost for the Project(the Budget). 1.13' Construction Manager (CM): The firm THE-WEITZ COMPANY; a Florida corporation whose address is 4000 Hollywood Boulevard, Suite 120N,Hollywood, Florida, 33021, as selected by the City pursuant to- Resolution No.2012-27831 to provide Construction Management At-Risk services for this Project.Acceptance of the GMP by the City shall result in the CM functioning from that point forward as a General Contractor under the . terms-and conditions of the Contract Documents, as same maybe amended, which will go into effect at the time of GMP acceptance., 1.14.1 (Intentionally.Omitted) 1.14:2 The CM shall be liable for its services, responsibilities and liabilities under this Agreement, as well as the services, responsibilities and liabilities of any subconsultants, and' any other person or entity acting under the direction or control of the CM. When the term "CM"or"Construction Manager" is used in this Agreement, it shall be deemed to include.any subconsultants and any other person or entity acting under the direction or control of M. Any sub-consultants retained by CM pursuant to this Agreement and the Project, must receive the prior written approval of the City. 3 1.15(Intentionally Omitted) 1.16 Construction Phase Services: The term "Construction Phase Services" shall mean and anticipates, in a subsequent amendment to this Agreement, and further, in the event the City approves the GMP, the services to be pefformed by or through the CM- during the Construction Phase of the Project,. including, without, limitation, the Work for the.Project, and such other services as called for by this Agreement and any: amendments hereto,or reasonably inferred there from. 1.17 Construction Schedule:.The term "Construction Schedule" shall mean a critical path.schedule or other construction schedule, as defined and required by the Contract Documents. 1.18 Construction Team: The term "Construction Team" shall mean the construction team consisting of representatives of the City, CM, and the A/E. 1.19 Contingency: The term- Contingency"shall mean a line item contingency amount contained-in the Schedule of Values for the Project,which contingency amount, if accepted by the City, shall be included within the GMP for the Project, and-shall accordingly be referenced in the [GMPJ:Amendment to this Agreement. Pursuant to said Amendment, the Contingency shall be used as a source of funds for the costs reasonably and necessarily -incurred and paid.by the CM. The Contingency shall be in an amount which the CM believes,. in its best judgment, is reasonable to cover construction related costs which were not specifically foreseeable or quantifiable as of the date the Guaranteed .Maximum Price was established, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the CM's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment 'in the Guaranteed•Maximum Price or extension of the completion date and not inconsistent with the approved final plans and specifications. 1.19.1: Draws may be charged against the Contingency only with the City's written consent, which shall. not be unreasonably-withheld or delayed.-The-Contingency excludes, and shall not be used for, costs.incurred to demobilize and remobilize due to suspensions ordered by the Owner, or for the Owner requested Changes to the Work,all-of which are to be treated only by Change Order. I ASI:.Upon making a draw against the Contingency, the CM shall increase the relevant budgeted line •items by the amount of the draw,and decrease the respective contingency line item.accordingly. The CM shall .'maintain records satisfactory to the City to document each draw against each Contingency. 1:19.3: To the extent that any portion of the'Contingency remains unallocated on the date of Final' Completion and after the issuance of final: payment for the Project, which remaining portion of the Contingency shall accrue to the benefit of the City. 1.20 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including•this Agreement and any amendments hereto. '1.21 Contract Documents: The "Contract Documents" include Resolution No. 2012-27831; this Agreement,. and all attachments, exhibits, and amendments thereto including, without limitation, the A/E Agreement, attached as Exhibit VII hereto;. and such other documentation as may be listed as an attachment 4 and/or an exhibit to this Agreement. Upon execution of the GMP Amendment, the Contract Documents shall be expanded to include, in addition to those items listed above, those documents identified by the GMP Amendment and the attachments and exhibits thereto. 1.22 Contract Time:The time period defined within this Agreement for the CM to submit the GMP. 1.23 Drawings:The"Drawings"shall refer to the graphic and pictorial provisions of the Work identified as the Drawings in the GMP Amendment; Change Order, or Construction Change Directive issued.and executed in accordance with the Agreement, including without limitation, all notes schedule and legends on such Drawings.. 1.24 General: Except as defined-herein, or as otherwise defined in the Contract-Documents,words which have well-known-technical meanings or otherwise have accepted construction industry meanings are used.in the Contract Documents in accordance with such well-known or accepted meanings. 1.25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance by the y City of the GMP Amendment. The CM shall be duly licensed as a General Contractor pursuant to'Chapter 489, Florida Statutes. 1.26 Guaranteed Maximum Price:The term"Guaranteed Maximum Price".or"GMP"shall mean the sum. certain set forth in the GMP Amendment as the Project price that the CM guarantees not to exceed for the Project for all services within the Agreement, as same shall be amended.upon.acceptance of the GMP by the City, but which shall.not include the Preconstruction Services Fee. .. 1.27 GMP Amendment: The term "GMP Amendment" shall mean the GMP Proposal for the Project, if any, accepted by the City, in.its sole discretion, in substantially the same form as attached as Exhibit"1", hereto, which Amendment shall automatically become'a part hereof upon,the City's and-CM's execution*of the same and shall-establish, among other things, the GMP, the names of the CM's on site-management and supervisory personnel for the Project, and the Contract Time for the Project. 1.28.GMP Proposal: The term "GMP Proposal" shall mean a proposal for completing the Project, which proposal shall include the proposed Guaranteed Maximum Price for the construction of the Project, as provided by the CM and accepted by the City based-upon the Drawings and Specifications; the Contract Documents; and the"Memorandum of Changes. The City has no obligation to accept the GMP Proposal regardless of the amount or its relationship to estimates provided. 1.29-Laws: The term "Laws"shall include all Federal, State, County and local laws, statutes, regulations', ordinances, rules and building codes applicable to the Project, including, without limitation, orders of any public, authority having jurisdiction over the Project, building, labor, safety, licensing or.environmental laws and local . building codes, building standards and trade.practices affecting the Project, as same may be amended from time to time. 1.36.Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of the CM's recommended modifications to the Drawings and Specifications relating to the Project based on an evaluation'of the. Project requirements; on,and off-site development; survey requirements; and Project budget requirements; and a,review of the design documents;. and-the Drawings and Specifications; and the Contract . Documents. 1.31 (intentionally Omitted) • 1.32 Phase II—Final Environmental Permit Documents: The term "Phase .11 _ Environmental Permit 5 Documents" shall mean. the .1.00% Construction Documents and other documents which address all the requirements for compliance with the environmental permit conditions and monitoring requirements for the entire Project as to architectural, structural, mechanical and electrical systems, materials and such other elements, as may be appropriate, and as further defined by the A/E Agreement. CM's knowledge of and coordination with said Permit compliance is required as part of the delivery of CM's services.pursuant to this Agreement and the GMP ' -Amendment. -1.33-Phase III (100°!x)-Construction Documents: The term "Phase III (100%)-Construction Documents" shall mean the Drawings and Specifications setting forth in detail the requirements of the construction of the Project, and'as further defined by.the A/E-Agreement. CM's knowledge of and coordination with said Agreement is required as part of the delivery of CM's services pursuant to this Agreement and the GMP Amendment. 1.34 Preconstruction Services Fee: The term "Preconstruction Services Fee" shall mean the fixed fee for the CM's services contemplated in this Agreement, in the amount of$28,460, which fee includes all direct and indirect costs incurred by the CM in the proper performance of the Pre-Construction Phase .Services contemplated under this Agreement. 1.35 Preconstruction. Phase Services: The term "Preconstruction Phase.Services" shall mean the services which the CM shall perform.in reviewing the design and for the bid and award phases of the Agreement, and culminates with exercise by the City of one of the City's options regarding the GMP Proposal. 1.36 Project: The term. "Project", shall mean that certain City construction project referenced in Resolution No. 2012-27831 involving the construction of'the-new South Pointe Park Pier. The City anticipates ' that the Project will be phased.and that each phase, as set forth below,will require a separate GMP Amendment. The.-.final phasing of the Project will be mutually determined-by the CM, the A/E, and the City. The phasing plan outlined-below. may be different from the plan agreed upon by the A/E, CM and the -City. The total GMP Amendments will comprise the entire Project.The City anticipates the following Phases for the Project: a.Demolition Phase -b. New Construction Phase 1.37 Schedule of Values:The-term"Schedule of Values"shall mean the schedule of values,setting forth the detailed cost breakdown, including labor, materials and taxes, of the.GMP set forth in the applicable GMP Proposal, the-sum of which shall not exceed the GMP. 1.38 Scope of the Work: The term "Scope of the Work" shall mean all services; labor, materials u equipment,:operations and construction management services that are indicated in, or reasonably inferable from the Contract Documents. t 1.39 Specifications: The "Specifications"- consist of any and all written requirements for materials, equipment,. construction systems, standards and workmanship. -for :the Work which are identified as the Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change-Directive(s) issued and 4 executed in accordance with the Agreement. 1.40 Sub-consultants: 1.40.1 A "Sub-consultant" is a person or entity which has a direct contract with the CM.to perform or supply a portion of the Work and the term'includes such Subconsultant's authorized representatives. CM shall obtain-prior written.approval of the City.prior to changing*or modifying the subconsultants and other professional 6 obtain prior.written approval-of the City prior to changing-or modifying the subconsultants and other professional associates.' Any such services performed by any Subconsultants shall be passed through to City'without additional charge by the CM. All such work shall be itemized on invoices from such Subconsultants, showing work performed and charges incurred. 1.40.2 The CM represents to the City that it,has made and, will make reasonable investigation of all' Subconsultants to be utilized in the performance of work/services under this Agreement to.determine that they possess the skill, knowledge and experience necessary to enable them to perform the work/services required. Nothing in this Agreement shall relieve the CM of its prime and sole responsibility for the performance of any of the.work/services under this Agreement. 1.40.3 All rates, multipliers and any other fees charged by any Subconsultants shall be-not more than those.rates, multipliers and other fees�in any contracts that any such Subconsultants may have either-with the City directly or as a Subconsultant under some other City agreement or more than what is typically charged in the industry.. 1.40.4 CM shall bind each and every approved Subconsultant to the terms stated in this Section and shall require the proper licensing-of such Subconsultants. 1.40.5 If any of the services outlined in this Agreement are furnished by CM by obtaining the services of Sub-consultants, CM shall provide City with proposals and contracts between the Sub-consultants and CM outlining the services to'be performed and.the charges for same, together with any other documentation required by.City. ' 1.41 Substantial Completion:- The term "Substantial Completion° is as-defined in* the Contract Documents,as same may be amended. 1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the A/E certifies to the City by means of a certificate of Substantial Completion as the date when 'the CM has achieved completion of the Project (or any phase thereof) in accordance with the General Conditions of the Contract Documents and applicable laws and the City of Miami Beach Buildina Department.issues a Certificate of Occupancy. (CO) or (Certificate of Completion=) for the Protect. Notwithstanding the preceding, if a situation arises beyond the control of*the CM, and the issuance of a Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at its sole and reasonable discretion that the Project(or-any phase thereof)has been Substantially Completed. ' 1.43 Substitutions: If a certain brand-of materials, products, equipment or system, is specified in the Construction- Documents, it is- .required for the purpose of establishing a level of quality desired or purpose designated. Should W find it necessary or desirable to use a materials, products, equipment or system other than-that specified, the CM shall secure from the City, through A/E, written approval for the use of the alternate materials, products,. equipment or system. The CM shall make such request, in writing, not later than forty-five (45) days after. the award of the Contract and before'ordering any materials, products, equipment or-system -requiring approval:The City is not obligated to consider Requests for Substitution or re-submittal of previously- rejected,substitutions after forty-five (45) days of Contract award. The City is not obligated to approve Requests . for'Substitutions and has the discretion to require CM to provide the materials, products, equipment or systems.as specified in.the Construction Documents. In no case shall the CM be entitled to additional time and/or money arising out.of City's failure to approve Requests for Substitutions. 1.43.9 Requests for Substitutions shall be submitted as follows: a): Submit five(5)copies of the Request to AIE. • b):Describe in detail(complete with test reports,catalogs, brochures and black or blue line prints -of drawings)the material,equipment, product or system and changes or adjustments to other Work affected.Submit samples when requested.CM is responsible for denoting all instances wherein the proposed substitution differs from the item specified. c): Include-"cost breakdown"of item specified and of proposed substitute for which request is made. Include costs of adjustments to other Work affected. Include any variation in operating, maintenance or replacement costs, and length of time product has been available on the domestic market. d):State amount deducted or added to Contract amount or state"no change"in Contract amount. The City's decision on-approval or rejection of a Request for Substitution will be final. Approval or ` rejection -of a request will be based in part on AIE's opinion as to adaptability, durability, quality, aesthetics, contract amount change, life cycle functions or other considerations the City determines appropriate as compared to the specified or noted item(s). Should the City, during the course of the Work, find it necessary or desirable to use a material, equipment,..product or system other than specified, the City shall notify,CM; -in writing. Should CM accept the proposal without a change in Contract price or time, it shall be considered an approved substitute. If-A/E requests a sample of a specified material, product, element of work or approved substitute, CM shall provide same. If the sample is approved, all subsequent materials used in the Work shall be equal in every respect to the sample. If the sample is not approved,the CM shall provide an acceptable sample. 1.44 Taxes: The term "Taxes"shall-mean all taxes related to the performance of the Work or any portion thereof, including but not limited to, all sales,consumer, use, occupational, excise, social.security, unemployment 'compensation and similar taxes. 1.45.Work: The term. 'Work" means all supervision, labor.materials and equipment required by the Contract Documents to be provided by or through the CM for the entire Project and all other services necessary to ' fulfill'the CM's obligations hereunder to perform the Scope of the Work, including, as the context may require, any portion of the Work with.respect to the Project. The uncapitalized term work is used in its ordinary sense. .1.46 Proposal Documents: (Intentionally Omitted). 1.47 Force Majeure:"Force Majeure" shall mean,any delay occasioned by superior or irresistible force(s) occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood and loss caused by fire and other similar unavoidable casualties; changes in federal law, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the. Project; other causes beyond the parties control; or by any other such causes which the City and the CM decide in writing justify the delay. Provided, however,that market conditions,-labor conditions, construction industry price trends, and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.48 Value Engineering: Value Engineering is •a project evaluation technique used during the design phase which seeks to reduce costs and/or increase value by analyzing the functional requirements of a project's materials, methods, components and subsystems consistent with specified performance, reliability, maintainability, aesthetic, safety, and security criteria to ensure that it provides the best use of available project funds. ARTICLE 11 RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER 2.1 The CM accepts the relationship of trust and confidence'established between it and the City by 'this Agreement..The CM represents that it will furnish its best skill and judgment,in performing the CM's services and.the Work, and shall always act to further the interest of the City in the expeditious completion of the Project, -at the lowest responsible cost to the City; and in strict accordance with the Contract Documents and prudent and customary construction practices. 2.2 By signing this Agreement, the CM accepts a fiduciary duty with.the City and warrants and represents to the City that the CM: - a): has all licenses and certifications required by applicable law to perform the CM's services and the Work; t b): is experienced in all aspects of preconstruction and construction planning for projects similar to. the.Project; c): will act in the City's highest and best interest in performing the CM's services and the Work;and d): that no employee or affiliate of the CM,including all sub-consultants, subcontractors and suppliers, at any-tier,has been convicted of a.public entity crime, pursuant to Section 287.133, Florida Statutes, within the preceding thirty-six(36)months from the date of execution of this Agreement. • The CM acknowledges and agrees that the City is relying on these representations and covenants as a material- inducement to enter into this Agreement. ARTICLE III THE CONSTRUCTION MANAGER SERVICES - 3.1 GMP Amendment: The parties are entering into this Agreement before Contract Documents are sufficiently complete to establish the GMP; therefore,.it is anticipated that one or more GMP Amendments will be executed-to establish the GMP and-,incorporate subsequent documents that fully describe the scope of the Work included in the GMP. Each such Contract Amendment and additional Contract Documents shall become a part of this Agreement-as if fully set forth herein. Following the issuance of'the initial Notice to Proceed from the City, the GMP for the Project must be established no later than, June 01;2012, (see Attached Project Schedule in Exhibit -11);otherwise this Agreement shall terminate pursuant to Article VI herein. The City anticipates that -the Project will be phased and that each phase, as set forth below, will require a separate GMP Amendment.The total GMP Amendments will.comprise the entire Project. 3.2 The services of the CM shall include, but are not limited to, those described or specified herein. The services described herein shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. The CM's services shall include, without limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval by the City of the GMP,' and as' contemplated in the GMP Amendment (or.Amendments), and such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and.to deliver the-Project to the City at or below the GMP,when established,•and within the Contract time. 3.3 Pre-Construction Services 3.3.1 Generally: The CM shall review Project requirements, existing.on-site and off--site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CM shall prepare a preliminary Project Schedule in accordance with the Contract Documents and in coordination with the City and theA/E, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CM shall, at each remaining design phase,. review the plans and advise the City and the A/E regarding the constructability of the design,. and of any errors, omissions, or conflicts it discovers. The CM shall prepare an outline of' proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction. and labor markets that may affect the. price or schedule of the Project. The CM- shall attend all Project related meetings. The CM's Preconstruction Services shall'be provided, and the City shall compensate CM for such services, based upon a fixed fee, in the amount of$28,460, representing the CM's total fee for pre- construction- services. At the conclusion of the Preconstruction Services, the CM shall, without assuming the duties of the A/E,warrant to the City, that the plans, specifications, and other Contract Documents are consistent, practical,feasible and constructible, and that the Project is constructible within the Contract Time. ARTICLE IV DUTIES AND RESPONSIBILITIES The CM shall perform the following responsibilities and duties: 4A All CM procedures, recommendations, documentation, record retention, etc. must conform to the Project requirements including applicable sections of the City's procedures, AE's procedural manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes, regulations and procedures that may be required at the State,County, City or any agency, utility_or similar governmental entity. . .4.1.1 Develop, for City approval and for full compliance by CM, of a Project specific procedures manual detailing the entire Project process, including at minimum the following: a) Exhibit I (GMP Amendment); Exhibit II(Schedule); Exhibit III(Declaration); Exhibit IV (Sworn Statement F.S. 287.133(3)(a) on Public Entity Crimes; Exhibit V(Questionnaire); Exhibit VI (Insurance Checklist); Exhibit VII (AIE Agreement); Exhibit VIII(General Conditions of the Construction Contract); 10 Exhibit IX(Best Value Amendment); Exhibit X(Qualification Submittal Documents);and this Agreement. b) Construction coordination, scheduling, communication and documentation procedures among the CM, the A/E, subcontractor(s), sub-consultant(s), and other departments or organizations who require coordination with and/or-input into the Work. C) Project reports(monthly). : d) Request for Information. e) Contract Amendment(s)process. f) Shop Drawing submittal. g) Project closeout. Said procedures manual to be presented no later than with first application,for payment. 4.2 Coordination and Scheduling 4,11 Coordination with A/E: CM shall maintain an ongoing working relationship with the A/E. However, nothing in this Agreement shall be construed to mean that the CM assumes any of the responsibilities or duties of tfie A/E. The CM shall be solely responsible for construction means, methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations for performing in accordance with the CM's Agreement with the City. The A/E is responsible for the requirements of.ttie Project, as indicated in the Agreement between the City and the A/E. The CM's services shall be rendered compatibly and.in cooperation with the A/E's services to the.City.. It is not intended that the services of the A/E and the CM be competitive or duplicative, but rather be complimentary. 4.2.2 Scheduling: The CM shall meet immediately upon execution of this Agreement with the A/E and City representatives to review the A/E Agreement(final)and the Project, as referenced in Schedule D of the A/E Agreement.The CM shall ensure that the parties jointly review, modify as necessary,and agree-to a single design schedule, to be called the revised most current schedule to the A/E Agreement.This schedule shall,be submitted to the City within fourteen (14)days of execution of this Agreement. Should the parties not be able-to reach final agreement on-a-revised schedule for purposes of-the Project, which include(s) a schedule.for all CM services, which the CM believes to be fair, reasonable, and in the best interest of the Project.The City shall then determine what schedule is to be utilized, and,the City's decision with regard to same shall be final, and binding upon the parties. 4.3 Design Phase 4.3:1- Review of Design Documents: The CM shall review the design. documents and make recommendations to the City and to the A/E as to-constructability, cost, sequencing, scheduling, and the time of. construction, as to clarity, consistency and coordination of documentation. The recommendations resulting from such review will be provided to the City and A/E in writing and as notations on the design documents. This review and the accompanying writing notations shall be submitted with the documents for review by the City at each Phase of design review as noted in the A/E Agreement(Exhibit VII). 4.3.2 Responsibility: The CM, as a result of the above-noted review-of the design documents and recommendations provided to the City, shall utilize its best efforts to assure the coordination of drawings with the . 11 written specifications. This includes but is not limited to, the CM's review of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CM shall, during this phase, be responsible for,the proper identification and location of all utilities, services, and other underground facilities which may impact..the Project. The CM specifically agrees that no Contract Amendments shall. be requested by the CM or considered by the City for reasons involving conflicts in the.documents, questions of clarity with regard to documents, incompatibility, or conflicts between the documents and laws, the existing conditions, utilities, and unforeseen underground conditions. 4.3.3 Preliminary Scheduling: The CM will submit to the A/E for comment, and to. the City for approval, a proposed schedule for the Project at the time the Phase III-100% Construction Documents are to be submitted to the City for review. That schedule shall include such bid and construction activities as well as .reasonably outline the approach the CM intends to take for the Project. This requirement is in addition to any other scheduling requirements which may be contained in the contract documents and shall be compatible with, same. The CM shall include in the above-noted schedule a proposed construction sequencing plan for the Work. 4.3.4 'Estimating and Cost Control: The CM shall prepare detailed cost estimates and updates throughout the design phase leading up to-the bidding phase of the Project. The CM shall submit same with the submittal of each phase of design review in accordance with the most current Schedule D.of the A/E Agreement and at such other times as-it may be requested-by the City. The estimates by the CM shall show the estimated amount of the GMP. They shall be in such detail.as the City may require, and shall not exceed the Budget of $4,000,000. 'a) Should-the CM's estimated GMP exceed the Budget, the CM shall include with said estimate written suggestions for bringing the Project within Budget. The City, at its sole option, may adjust the Budget or it may direct the CM to coordinate with the A/E to reduce the estimated cost of the Project through Value Engineering, re=design by the A/E, re-estimating, obtaining additional pricing, scope reduction.and/or other at no cost to the City; or It may choose to continue under subparagraph(b)below. b) The City shall determine, after receipt and review of each estimate, whether the CM shall continue to perform the services of the Agreement without requiring adjustment of the most current CM-estimated GMP. The City may, at its sole option, determine to proceed with the Project without Budget adjustment or any r other change to the Project. This shall in no way obligate the City to accept the CM's GMP Proposal whether or not it is within the estimate or whether or not it is within the Budget. The City in this and all cases may reject the GMP at its sole discretion, and proceed to exercise its options as identified in this Agreement. C) The CM and A/E shall advise the City immediately when the A/E or CM estimate exceeds the Budget. 4.3:5 General Coordination: The CM shall coordinate with and include activities in both the schedule referred to.in this Section and other schedules required in the Contract Documents the work of consultants, 12 testing labs, and-other consultants employed by the City as well as the reviews required by the City and other -agencies and the A/E. 4.3.6 Permits and Fees: The CM.will be responsible for coordinating with the A/E the submittal of all required documents for permits including without limitation, any required revisions and re-submittals:necessary' to obtain a permit from the City of Miami Beach Building Department. CM shall be responsible for obtaining any and all permits and paying any and all related fees for the Work. The City shall not pay the CM any additional sums beyond the Preconstruction Services Fee and'the GMP for these services. Fees for building permits issued by the City of Miami'Beach shall be waived. Fees for other permits shall be the responsibility of the CM. 4.3.7 (Intentionally Omitted) 4.3.8 Memorandum of Changes:The CM shall submit to the City the CM's Memorandum of Changes in sufficient time and as scheduled so it may be reviewed by the A/E and the City against the Contract Documents and any corrections, modifications, additions, or changes be incorporated prior to commencing the Bid and Award Phase. The Memorandum of Changes shall include a summary of all recommendations made by the CM in fulfilling the CM's duties with regard to the Contract Documents. The CM-shall identify any recommendations-not incorporated into the documents. The City shall either direct that same be incorporated or explain in writing why the recommendation is rejected. 4.4 Bid and Award Phase 4.4.1 Prequalification: The CM shall prepare a subcontractor's prequalification plan in compliance with the requirements.currently determined by the City. The CM shall submit to the City the CM's list of pre-approved subcontractors for each element of the Work to be subcontracted by the CM. This list shall be developed by the execution by the CM of the subcontractor's prequalification plan noted above. The City reserves the right to reject any subcontractor proposed for any bid to be considered by the CM. Any claims, objections or disputes arising out of the prequalification'plan or list are the responsibility of the CM. The CM shall hold.harmless, indemnify, and defend the City, its officers, employees, and agents, in any matter arising out of the prequalification plan and/or the subcontractor's list,except where the sole cause of the matter is a City directed decision. 4.4.2 Scope of Work-The CM shall receive subcontract proposals which,when combined with the work the CM intends to do with.its own forces, shall represent the entirety of the Scope of Work required of this Agreement. 4.4.3 Pre-Bid Conferences: The CM shall schedule and conduct pre-bid conferences for subcontractors and'the City to,ensure the availability of such subcontractors, material suppliers, etc. for this pre-bid conference. The CM shall be solely responsible for the content of the pre-bid conference. 4.4.4 Subcontract Bidding: The CM shall schedule, in coordination with the A/E and the City, the acceptance, review and award of the bids to qualified responsive and responsible subcontractors. Said bids from subcontractors shall:be in writing and shall be opened and reviewed with the A/E and the City prior to award by the CM-. 4.5 The Guaranteed Maximum Price 4.5.1 Calculation/Negotiation of the Guaranteed Maximum Price: After taking, reviewing and identifying the lowest acceptable bids from responsive and responsible subcontractors, the CM shall .propose to the City, a Guaranteed Maximum Price, which. shall be the sum of the proposed subcontracts and the CM's 13 : General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency. The Guaranteed Maximum Price shall be the full and complete amount for which the CM agrees to go forward from the receipt of subcontract bids to the full completion of the.Project. 4.5.2 Acceptance of GMP: Upon acceptance and execution of the GMP Proposal by the City, the CM shall enter.into subcontract agreements with the subcontractors selected for the amounts included in the GMP Proposal for that subcontract work, and shall function as a General. Contractor 'and comply with the Contract Documents accordingly with regard to the Project as well as=a CM with regard to other services required by the Contract Documents. 4.6-Time of Performance 4.6.1 Conformance with Approved Schedule: The CM shall perform all the duties required by this. Agreement in such a way and time-as to conform to the most current Schedule°D"of the A/E Agreement. 4.6.2 Review and Acceptance of Schedule: In executing the Agreement, the CM acknowledges specifically that the CM has reviewed the most current Schedule "D" of the A/E Agreement, has given any necessary input to the City regarding any need to modify that schedule to accommodate the CM at Risk process, • and shall not-be entitled to additional time•or money in order to conform the CM services to that schedule. 4.6.3 Preparation and Delivery of the CM at Risk Schedule: Within fourteen (14)days of the effective date of this Agreement, the CM shall present to the City a schedule for the CM's duties, deliverables, and requirements showing the start and completion of design phase activities to be performed by.the CM. This schedule shall be in conformance with the most current Schedule"D"of the A/E Agreement. 4.7 PAYMENT BREAKDOWN PRE-CONSTRUCTION SERVICES 1. Design Review, Constructability&Value Engineering $10,750 2. Review of'On-site&Off-site Conditions $ 1,320 3..Cost Estimating&Cost Controls $8,320 i 4. Scheduling $ 3,600 5. Bidding(GMP Submittal&Negotiations) $4,47.0 6. e-Builder License $0 7. Contingency $0 8. TOTAL PRE-CONSTRUCTION SERVICES FEE $28,460 14 4.7.1 Application for Payment Submittal: The CM-shall submit monthly an application for payment for -the proportional amount of the Preconstructiori Services Fee-which shall be determined *by dividing the Preconstruction Services Fee by the number of months from the effective date of this Agreement until the scheduled submittal of the GMP proposal by the CM. vDelays to.the schedule shall result in re-calculation of the monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of months currently remaining until the first submittal of GMP Proposal. - 4.7.2 Time-Extensions: In the event the performance of the CM is delayed by reasons outside the CM's control, the CM shall request in writing an extension of time for the contract requirements of this Agreement. Said .request for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. Tfhe CM's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension. No damages for delay shall accrue to the-benefit of the CM. as a result of any delays to the . performance of this Agreement. Specifically, the CM agrees that the failure-of the A/E to maintain the design schedule shall be non-compensable to the CM and CM's sole remedy shall.be an.extension of time. 4.7.3 Extra Services: Should the CM be requested or required by the City to provide services which the CM believes are outside and/or in'addition to the scope of this Agreement, the CM shall within.five (5) days of being requested to perform such services, notify the City in writing of the.CM's opinion that they a.a extra services to this.Agreement, the reason the CM believes they are outside the scope of this Agreement, and the proposed costs, and time impact, if any, for the performance of same- The City may direct the CM to proceed with such services pending a'final determination-as to the compensation. In such case,the CM's right to consideration shall not be waived by'proceeding as directed. 4.8 City's Right.to Require Documentation and Audit, The City-may, as deemed necessary, require from the CM support and/or documentation for any submission. Upon execution of the Agreement, the CM,agrees that the City shall have unrestricted access during normal Working hours to all CM's records relating to this Project including hard copy as well.as electronic records for a period of-three years after final completion. ARTICLE V GMP PROPOSAL AND ACCEPTANCE/REJECTION -.I 5.1 Subcontract Bids: The CM shall open subcontract bids from the pre-approved list of potential subcontractors at a time and place scheduled with the City's Project Coordinator and such other City Representatives in attendance. The CM shall provide a summation and analysis of the apparent low subcontract bids including Ithe identity of any apparent low•subcontract bidders which the CM does not wish to employ. Such identification and proposal of non-utilization by the CM shall require specific written reason for same: 5.2 CM Fee, Profit,'General Conditions, Contingency:'The CM shall propose the amount to be included in the GMP for its General Conditions costs and the Contingency, as defined herein. The CM's General Conditions shall be a line item included in the Project's schedule of values and is to be 15 • 1 paid on:a.monthly basis according to the percentage complete of the Project. .5.3 GMP Proposal: The sum of Section 5.1 and 5.2 shall comprise the proposed:GMP for the Project and shall form the basis of negotiations between the CM and the City. a) The City shall have the option of accepting or rejecting the GMP as presented by the CM. Should the GMP be accepted, the GMP Amendment reflecting that acceptance will be executed, and the Contract Price increased 'by the GMP amount. Should the GMP not be accepted, the City may at its option: b) Reject the GMP and direct the A/E and CM to investigate, redesign, develop for City approval value engineering possibilities, and other cost savings and to re-submit a new, lesser, proposed GMP. This may at the City's option, include reduction in scope. All to be done at no additional cost to be City. c) 'Reject the•GMP, take possession of the plans and specifications, and bid the work to a General Contractor or otherwise complete with other forces or take such.action, if any, that the City may determine is in its best, interest. In this event, the CM shall not perform nor be compensated for, any services on the Project beyond the agreed Pre-Construction Services Fee herein. In the event any option under this subparagraph is chosen by the City, the CM -is obligated to immediately turnover to the City all plans, specifications and. other project related documentation. d) If and when accepted by the City, the GMP shall be formalized by the execution of the GMP Amendment(Exhibit 1). e) The City shall determine, after each negotiation session, unless agreement is reached; if further-negotiations are warranted. If not, the negotiations shall be declared not to be successful and the City-shall take possession and ownership of all documents produced for the design and bid Phases, pay the CM any remaining undisputed fee, and proceed under the requirements noted under this-paragraph, and the City and CM .shall be mutually released from any further obligation each to the.other. f) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that Proposals' relationship to the Budget or the most current estimate or for any other reason. g) Should the CM realize any savings fr6m the negotiated Schedule 6f Values, the City shall receive 75% of said savings with no line item integrity. The City reserves.the right to audit all contract related documents at any time during the Project and at the end of the Project. ARTICLE VI TERMINATION 6A.Termination for Cause The City may terminate.this Agreement for cause in the event that the CM (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the work/services contemplated under this Agreement (hereinafter referred to in this Article VI as the Services"), and CM fails to 16 cure same within thirty (30) days following written notice to CM. In that event, such termination shall become -effective upon-seven (7)days written notice to CM. 6.1.1-In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may takeover the Services and complete them by contracting with another CM or otherwise. In such event, the CM shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost"Js defined as the difference between the actual cost of completion of such incomplete services; and the cost of completion of such Services which would have resulted from payments to the CM.hereunder had the.Agreement not been terminated 6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to • receipt of a Notice of Termination for Cause, shall.be made in accordance with this Article VI herein and the City shall have no-further liability for compensation, expenses or fees to the CM. .6.1.3 Upon receipt of a written Notice of Termination, the CM shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications,correspondence,and all other relevant materials affected by such termination. 6.1.4 In the event of a termination for cause, no payments to the CM shall be made (1)for Services.not =satisfactorily performed, as same shall be determined at the City's option and discretion; and (2)for assembly of submittal of documents,as provided above. 6.2 Termination for Convenience The City, in addition to the rights and options to'Terminate for Cause, as set forth above, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement at-its sole option, at any time, for convenience., without cause and without penalty, when in its sole discretion it deems such termination is in the best'interest of the City, upon notice to CM, in writing,fourteen(14)days prior to termination. 6.2.1 In the event the City terminates the CM's Services for its convenience, as provided herein, the CM shall be.compensated for all Services rendered up to the time of receipt of said written termination notice,'and for the'assembiy and submittal to the City of documents for the Services performed, in accordance with Article VI herein, and the City shall have no further liability for compensation, expenses or fees to the CM, except as set forth in this Article VI. 6.3 Termination by CM The CM.may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, and has failed to cure same within thirty (30) day's following written notice from the CM. In that event, CM may terminate this Agreement upon written notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that event,' payment for Services satisfactorily performed prior to the date of termination shall be made in accordance with this Article VI. 6.3.1 The CM shall have no right to terminate this Agreement for convenience of the CM. 17 6.4 Implementation of Termination: In the event of.termination, either for cause or for convenience, the CM, upon receipt of the notice of termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified- in the Notice of Termination; (2) place no further orders or subcontracts except for any-that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, 'as. provided herein, all 'documents for the services performed, including drawings., calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination and as specifically set forth therein. 6:5 Non-solicitation: . The CM warrants that it has not employed or retained any company or person, other than an employee working solely for the CM, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the CM for any,reason whatsoever. ARTICLE VII INDEMNIFICATION 7.1 CM shall, at all times hereafter, indemnify, hold harmless and defend the City, its officers, employees, contractors and/or agents from and against any claim, demand or cause of action of any kind or nature arising out of-the negligent act, error, or omission of CM, its officers, employees, contractors (including, without limitation, Subconsultants), and/or agents, in the performance of any work and/or services under this Agreement. 7.2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall indemnify, hold harmless and defend the City, its officers, employees, contractors and/or agents against any loss pertaining to such termination. 7J CM hereby affirms that it shall be responsible for the acts,-errors and omissions of its Subconsultants and it shall indemnify, defend and save harmless the City, officers, employees, contractors and agents from any and.all claims by third.parties which may arise-on account of services rendered by Subconsultants. 7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. ARTICLE VIII MISCELLANEOUS 8.1 Ownership of Documents: All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared or provided by CM in connection with this Agreement shall become the property of the City, and shall be. delivered by CM within ten (10) days after receipt of written notice. Any re-use of documents by City without written verification or adaptation by CM for the specific purpose intended will be without liability to CM. 18 8.2 Records: CM shall keep such records and accounts and require any and all CM and Subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which CM expects to be reimbursed. All books and records relative to the Project will be available at all reasonable.times for examination and audit by City and shall be kept for a period of -three (3) years after the completion. of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by CM in accordance with such statutes. 8.3 Equal Opportunity Employment 8.3.1. CM agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability, or sexual orientation and will' take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or' transfer; recruitment advertising, layoff or compensation;and selection for training, including apprenticeships. CM agrees to furnish City with a copy of its Affirmative Action Policy. 8:4 Public Entity Crimes Act In accordance with the Public Entity Crimes Act(Section 287.133, Florida Statutes), a person or affiliate who is a CM, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on.a-contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City,may-not.be awarded or perform work as a CM,supplier, subcontractor, or subcontractor under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of.36 months from the date of.being placed on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's debarment. 8.5(Intentionally Omitted) 8.S.Assignment This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM, under any circumstances,without the prior written consent of City. 8.7 Insurance The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of the following insurance coverage has been furnished to the City. The CM will maintain in effect the following insurance coverage: (a)Comprehensive.General Liability Insurance in the amount of$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be .named 'as an ' 19 additional insured on this policy. (b) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. (c) Business Automobile Liability Insurance with minimum limits of one million dollars- ($1,000,000) per occurrence combined single limit for bodily injury liability and one million dollars ($1,000,000)per occurrence for property damage liability. Coverage must include owned vehicles and hired-non-owned vehicles.The City.must be named an additional insured in this policy. 8.7.1 The CM must give thirty(30)days prior written notice of cancellation or of substantial modifications j in the insurance coverage to the Project Coordinator. 8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this Section. City reserves the*right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that City shall be given thirty(30)days written notice prior to expiration or cancellation of the policy. Should CM fail to obtain, maintain, or renew the policies of insurance referred to herein; in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be repaid by CM to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If CM does not repay City's expenditures.within fifteen (15)days of demand, the total sum owed shall accrue interest at the rate of twelve percent(12%) per year until paid-and such failure shall be deemed an event of default hereunder. 8.8 All Prior Agreements Superseded/Amendments This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein;and the parties agree that there are no commitments,.. agreements -or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.9 Notices Whenever either party desires to give notice unto the other; such notice must be in writing, sent by . registered United States mail, return receipt.requested, 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 in compliance.with the provisions of.this paragraph. For the present,the parties designate the following as the respective places for giving of notice:. FOR CITY OF MIAMI BEACH: ' Fernando Vazquez P.E. Director,Capital.Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 20 FOR CONSTRUCTION MANAGER: Jon Tori,Vice-President The Weitz Company. :4000 Hollywood Boulevard, Suite 12ON Hollywood,.Florida 33021 With.Copy To: • Jim.Wells,Vice President The Weitz Company 4000 Hollywood Boulevard, Suite 120N Hollywood, Florida 33021 8.10 Interpretation The language'of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either.party hereto. The headings contained in this Agreement are for -reference purposes only and shall not affect in any way the meaning or interpretation of this-Agreement. All personal pronouns used in this Agreement.shall include the plural, and vice versa, unless the context otherwise requires. Terms such as"herein," "hereof,""hereunder,"and "hereinafter"refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a.Section or Article of this Agreement, such reference is to the Section or Article as. a whole, including all :of the subsections of such Section, unless the reference is made to a particular, subsection or'subparagraph of such Section or Article. 8.11 Protection of Records CM shall.protect from harm and damage all data, drawings, specifications, designs, models, photographs, reports, surveys and other data created or provided in connection with this Agreement (collectively, City Property), while such data and materials are in CM's possession. Such duty may include, but is not limited to, making back-up. copies of all data stored by electronic device on any media, taking reasonable actions to prevent damage by impending flood or storm '(including, but not limited to, removing the City Property to.a safe location), and establishing and enforcing such security measures as are reasonably available, considering the customary practice within CM's trade or possession. 8.12 Exhibits and-Attachments In the event of conflict between the terms contained in this Agreement and the terms contained in any of the documents attached or incorporated-herein, the terms of this Agreement shall control and shall be given full .- effect. 8.13 Observance of Laws Throughout the term of this.Agreement, the CM shall keep fully informed of-all federal, state and local laws, ordinances, codes, rules, and regulations, and.all orders and decrees of bodies or tribunals having jurisdiction or 21 authority which, in any manner, affect-work authorized under the terms of this Agreement, and shall further take into account all known pending changes to the foregoing of which it should be reasonably aware.. The CM shall at all times observe and comply with all.such laws, ordinances, regulations, orders, and decrees. 8.14-Agreement Severable: No Waiver In the event any provisions bf this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 8.15 City's Own Forces. The City reserves the right to perform construction and- operations related to the Project with the Cites-own forces, and to award contracts in connection with the Project which are not part of the CM's responsibilities under this Agreement. 8.16 Governing Law and Exclusive Venue This Agreement shall be.governed by, and construed in accordance with, the laws of the State of Florida, both substantive and. remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state.court, and the U.S. District Court, Southern .District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 8.17 Limitation of Liability 8.17.1 The City desires to.enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement; so that its.liability for any such breach never exceeds the fee paid to CM herein, less any sums.paid by the City. CM hereby expresses its willingness to enter into this Agreement with CM's recovery from the City for any damage action for breach of contract to be limited to a maximum the fee paid to CM herein, less any sums paid by the City. , .8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby agrees that the City shall not be liable to CM for damages in an amount in.excess the fee paid,to the CM herein, less any sums paid by the City, for any action or claim for .breach of contract arising out of the performance or -non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this-Agreement is in any way intended to-be a waiver of the limitation placed upon City's liability as'set-forth in Section 768.28, Florida Statutes. 8.17.3- In no event shall either party*be liable for any indirect, incidental, special, or consequential • damages, including, without limitation, loss of profits, revenue,or use incurred by either party or any third party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility-of such damages. 22 IN WITNESS WHEREOF,the parties have set their hands and seals the day and year first above written_ ATTEST: THE CITY OF MIAMI BEACH F.jab .nab Clerk Matt' Herrera Bower, Mayor ORATED- .......... ATTEST: CONSTRUCTION MANAGER The Weitz Company CGC1509819 By: -- • John S .Vice President APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION I*Aftomay Date 23 'WE ITZ r -`",: ■ mar . City/ of_,Miam Beach 7700 -C •nve:ntoln Center Drive Miami Baoh FL 331.39: BUILD IN TABLE OF GOOD COMPANY_ CONTENTS A. PROJECT SPECIFIC EXHIBITS Exhibit I. GMP Cost Estimate Exhibit II. Schedule Exhibit III. Declaration Exhibit IV. Sworn Statement Section 287133(3)(a)FS Exhibit V. Questionnaire Exhibit VI. Insurance Checklist Exhibit VI I. A/E Agreement Exhibit VIII. General Conditions of the Construction Contract Exhibit IX. Best Value Amendment Exhibit X. Qualification Submittal Documents Exhibit XI. The Agreement B. CONSTRUCTION COORDINATION C. PROJECT REPORTS D. REQUEST FOR INFORMATION E. CONTRACT AMENDMENT(S) PROCESS E SHOP DRAWING SUBMITTALS G. PROJECT CLOSEOUT CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT i BUILD IN PROJECT SPECIFIC GOOD COMPANY_ EXHIBITS CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT \_ � � City of Miami Beach —South Pointe Park Pier Initial GMP Closure Document April 23, 2012 Our Initial GMP Estimate is based on the 100% submittal package prepared by Atkins dated October 24, 2011. A complete document listing is contained in this closure document. Division 1 —General Requirements Inclusions: 1. Permit Fee Allowance 2. Payment and Performance Bond 3. General Liability Insurance 4. Builder's Risk Insurance 5. Project Subguard (The Weitz Company's subcontractor bonding program) 6. Our budget includes full-time Weitz Company supervision on the project site. 7. We've included a 2.5% Contractor's Contingency in our budget amount. 8. We have included materials testing as required for our scope of work. 9. Temporary fencing, gates as well as maintenance of traffic and barricades. 10. Our project schedule is based upon our ability to maintain unlimited access to the project site. We assume the work can be performed in a single continuous mobilization 11. Coral relocation, monitoring and remediation as per FDEP permit#13-0263037-004 dated 4/2/12. 12. Off-site staging area for materials and daily transport to jobsite. 13. Sales Tax savings allowance. 14. Labor rates based upon General Wage Decision #FL120168 dated 2/17/12. Exclusions: 1. Professional Fees (Architect, Engineers, etc.) 2. Specialty/Threshold inspections City of Miami Beach South Pointe Park Pier Section 2 Page 1 cm v� Division 2 — Existing Conditions Inclusions: 1. Complete demolition and proper, off-site disposal of existing pier structure. 2. All existing piling will be removed in their entirety unless existing damage is so great the structural integrity does not allow full removal. If the latter is the case the piling will be removed 2'-0" below existing grade. 3. Misc. selective demolition and removal of existing landscaping and walks as required by the work. Exclusions: 1. Hazardous materials investigation or removal. Division 3 - Concrete Inclusions: 1. New concrete pier structure, piling, pile caps, beams superstructure and light bollards. 2. Exposed superstructure concrete, Diaphragms, Beams and Pile Cap C1A to receive exposed shell aggregate finish. 3. All structural concrete to contain DCI (calcium nitrate) admixture 4. Fish Cleaning Station / Light Bollards — precast or CIP (TBD) 5. Land-side pier abutment. 6. Concrete cap at shade structures. 7. Repairs of concrete walks and drives removed or damaged during the performance of the work. Exclusions: 1. Epoxy coated or MMFX reinforcing steel. City of Miami Beach South Pointe Park Pier Section 2 Page 2 c3m N*\S Division 5 - Metals Inclusions: 1. Alum. / S.S. Entry Gate & Frame. 2. Alum. / S.S. Guardrail panels with anchor posts. 3. Aluminum / S.S. bar grating. 4. 6" painted steel pipe columns @ shade structures. Exclusions: 1. Special finishes on metals Division 6—Wood and Plastics Inclusions: 1. Ipe wood cap for guardrail type 1 (2x10) and type 2 (3" diameter). 2. 5/4 x 6" Ipe wood decking at pier deck Exclusions: 1. none Division 10 - Specialties Inclusions: 1. Fire extinguishers and cabinets 2. Beach Plaza, Pier and monument signage 3. Awnings /shade structures. 4. Bicycle racks 5. Trash receptacles at Pier and Beach Plaza 6. Benches at Pier and Beach Plaza Exclusions: 1. None City of Miami Beach South Pointe Park Pier Section 2 Page 3 CMM `'.S.yjffi4 Division 22 - Plumbing Inclusions: 1. PVC water piping /valves on pier structure including hose bibs / cover plates as shown. Exclusions: 1. None Division 26- Electrical Inclusions: 1. Our budget includes electrical service, panelboards, transformers,-stainless steel panel rack, power distribution and lighting as per plans. 2. Light fixtures, including the USCG obstruction warning light requirement noted in the 4/16 e- mail 3. Electrical service tie-in at existing Maintenance Facility with allowances for potential patch and repairs within the facility. 4. Empty conduit system and pull boxes for future Telephone / CCTV systems. Exclusions: 1. Telephone/ Data Systems 2. CCTV Systems 3. Security Systems Division 31 - Earthwork Inclusions: 1. Land side erosion control measures as required for the proper execution of the work. 2. Furnishing, installation, maintenance and removal of floating turbidity barriers. Work includes daily monitoring as required by the FDEP permit. Exclusions: 1. None. City of Miami Beach South Pointe Park Pier Section 2 Page 4 CEO Division 32— Exterior Improvements Inclusions: 1. New pavers, concrete header curb and coral veneer edging at Beach Plaza. 2. We included an allowance for saw-cutting and replacements of sections of the existing site concrete sidewalks and concrete service drive as required for site utility (plumbing /electrical) connections. 3. New landscaping as per plans. We've included allowances for new sodding and potential sea oat replacement as required by the work. Exclusions: 1. Landscape watering and/or maintenance after project completion and turnover. 2. Irrigation system. Division 33— Site Utilities Inclusions: 1. Domestic water service from the existing Maintenance Facility to the new pier including meter assembly and RPZ backflow preventor. 2. We are basing our estimate on the use of minimal directional drilling for the site utility work (domestic water and electrical service) as per plans. We believe directional drilling the entire utility length will be the least disruptive to the ongoing operation of the park and existing facilities. Exclusions: 1. None City of Miami Beach South Pointe Park Pier Section 2 Page 5 t BUILD '" EXHIBIT 11 - SCHEDULE { GOOD COMPANY_<wl I CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT Act Description Orig Rem Early Early % i APR MAY JUN JUL Au ID • . PRE-CONSTRUCTION - 1000 Review GMP estimate 7d 7d 13APR12 23APR12 0 Review GMP estimate 1020 Permitting 80d 80d 13APR12 03AUG12 0 Pern 1010 GMP amendment complete 29d 29d 24APR12 01JUN12 0 GMP amendment complete 1300 Sealed bids due 1d 1d 23MAY12 23MAY12 0 I Sealed bids due 1190 Board approval of GMP 32d 32d 04JUN12 18JUL12 0 ► Board app 1180 NTP 0 0 03SEP12* 0 1200 FDEP 30d notice prior to relocating corol 22d 22d 03SEP12 020CT12 0 1210 USCG 30 day notice&work plan 22d 22d 03SEP12 020CT12 0 1220 Procure modules for corol relocation 15d 15d 10SEP12 28SEP12 0 1230 Set modules 5d 5d 030CT12 090CT12 0 1040 Coral relocation 20d 20d 100CT12 06NOV12 0 CONSTRUCTION 1070 Shop drawing development&review 30d 30d 03SEP12 120CT12 0 1110 Mobilization&erosion control 10d 10d 07NOV12 20NOV12 0 1100 Demo existing pier 50d 50d 21NOV12 31JAN13 0 T050 Test pile program` 15d 15d 28NOV12 18DEC12- 0 - 1060 Procure piles 45d 45d 19DEC12 21 FEB13 0 1080 Drive piles 100d 100d 01FEB13 20JUN13 0 1090 Set pile caps 100d 100d 15FEB13 05JUL13 0 1240 Beams 100d 100d 01MAR13 19JUL13 0 1370 Waterproofing 55d 55d 10MAY13 126JUL13 0 1250 Bar grating panels 45d 45d 24MAY13 26JUL13 0 1290 Ipe wood deck and rail 40d 40d 121JUN1 3 16AUG13 0 1260 Railings 25d 25d 22JUL13' 23AUG13 0 1270 Shade structure 15d 15d 129JULl 3 16AUG13 0 1310 Water line 20d 20d 129JULl 3 23AUG13 0 1320 Electric 25d 25d 129JULl 3 30AUG13 0 1280 Cleaning station 10d 10d 05AUG13 16AUG13 0 1030 Entry gate 5d 5d 19AUG13 23AUG13 0 1330 Benches 5d 5d 19AUG13 23AUG13 0 1340 Signage 2d 2d. 19AUG13 20AUG13 0 1380 Sealer 5d 5d 19AUG13 23AUG13 0 1360 Final inspections 5d 5d 02SEP13 06SEP13 0 1350 TCO 1 0 0 06SEP13 0 1390 Utilities 40d 40d 15FEB13 11APR13 0 1410 Hardscape 30d 30d 12APR13 23MAY13 0 1400 Pavers 15d 15d 24MAY13 13JUN13 0 1420 Landscaping 15d 15d 14JUN13 05JUL13 0 Start date 13APR12 Finish date 06SEP13 Data date 13APR12 Run date 23APR12 Page number 1A Bu�L®eae GOOD COMPANY Sf ©Primavera Systems,Inc. s""° '" OOD COMPANY. EXHIBIT III - DECLARATION F CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT EXHIBIT III - DECLARATION Question 2 Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? ✓Yes No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? ✓Yes No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Documentation of Employees with Domestic Benefit is Not this Benefit is with Spouses Partners Offered Submitted with this Form Health ® ® o ❑ Dental ® ® ❑ ❑ Vision ® ® ❑ ❑ Retirement ® ® ❑ ❑ (Pension, 401(k), etc. Bereavement ® ® ❑ ❑ Family Leave ® ® ❑ ❑ Parental Leave ® ® ❑ ❑ Employee ® ® ❑ ❑ Assistance Program Relocation & Travel ® ® ❑ o Company Discount, ® ® ❑ ❑ :acilities & Events Credit Union ❑ ❑ ® ❑ Child Care ❑ ❑ ® ❑ Other. ❑ ❑ ® ❑ CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT BUILD IN EXHIBIT IV - SWORN GOOD COMPANY. STATEMENT t CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT EXHIBIT IV - SWORN STATEMENT of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based 'on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or,an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORM TION CONTAINED IN THIS FORM. [Signs ure] Sworn to and subscribed before me this 18th day of January ,2012 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) CITY OF MIAMI BEACH-SOUTH POIN T E PARK PIER PROJECT BUILD IN EXHIBIT V - QUESTIONNAIRE GOOD COMPANY_ CITY OF NIIAIVII BEACH-SOUTH POINTE PARK PIER PROJECT Name and Address of Each Partner: EXH I B IT V - QUESTIONNAIRE NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 156 years 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No ( X ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: No. 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( X ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( ) have not ( X ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten ercent 10% p ( ) interest:- CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT 9. Is the business entity a Miami-based Vendor? EXH I B IT V - QUESTIONNAIRE Yes ( ) No (X) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City -of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 10. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No (X) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed contract, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT BUILD ,N CONSTRUCTION GOOD COMPANY. COORDINATION Construction coordination will be managed by having a bi-weekly Owner/A-E/Contactor (OAC) meeting where the updated Project sched- ule, Quality, Safety, RFI's, Submittals, Budget & field coordination issues will be discussed. A coordination meeting will be held with the sub con- tractors weekly that'-will review all of the same items. The day-to-day activities will be coordinated by our on-site superin- tendent with the parks staff and subcontractors. Our superintendent will have a 10 minute daily meeting to discuss the day's activities and coordi- nation needed with the park. All activities will be documented in the daily construction field reports. Examples of meeting minutes and forms that will be used to docu- ment and coordinate the construction activities are attached. CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT Meeting Minutes TWC, Detailed, Grouped by Item Number THE WEITZ COMPANY-FLORIDA Project# F112300 SOUTH POINTE PARK PIER 'I Washington Avenue Miami Beach,FL 33139 Tel: 561-686-5511 Fax: 561-686-7774 Preconstruction Meeting Date Staft 4 ld Next Meeting Next Time Prepared By Company 4/5/2012 10:00 AM 01:00 AM FRANK D'ASCANIO THE WEITZ COMPANY-FLORIDA Purpose Location General Notes Coordination and value engineering 3230 West Commercial (Atkins) ,Attended By Non-Attendees THE WEITZ COMPANY-FLORIDA-FRANK D'ASCANIO iCc: Company Name Contact Name Copies - Notes - Item Meeting Item Description Resp Due Date Cls'd 001-0 Victor gave an update on all permits and will send an updated schedule No 01 tracking all. The critical path runs through getting to the docket Matty would like to see us on the May docket, victor feels that June would be more realistic. All permit fees are accounted for we will carry a $2,000 allowance in the GMP estimate for any additional costs 001-0 Coral relocation was discussed. Must be done prior to any construction No 02 starting. Matty ask for us to carry an allowance if additional coral need to be removed. We will carry relocation and monitoring in the GMP estimate. 001-0 Directional drilling was discussed as an option for the on site utilities, No 03 We will price the utility work with and without directional drilling. The concern is that existing utilities in the area are not clear and we do not have access to good as-builts. Directional drilling if possible will be much less intrusive than an open cut. 001-0 It was asked if we had to purchase meters/backflow from the city or No Q4 use there spec.to purchase. Victor believed we would use there spec but will check into it. 001-0 Martin asked if precasting the caps was an option Bill was ok with it but No 05 all design changes would have to be handled as delegated design Matty is concerned about the affects that design changes of the structure will have on other elements of the pier. If we propose a change we need to analyze the plans and identify all impacts All design changes will be submitted as a revision after the permit is in hand. 001-0 Martin asked if we could use the new structure to build off of Bill notified No 06 us it was not designed as top down This would not be a problem but we would have to design it to support the crane Bill agreed to share there calculations. Prolog Manager Printed on: 4/17/2012 Weitz Florida Pagel Meeting Minutes TWC, Detailed,Grouped by Item Number THE WEITZ COMPANY-FLORIDA Project# F110700 LOXAHATCHEE CLUB RENOVATION 1350 Echo Drive Jupiter,FL 33458 Tel: Fax: 1 Contractor e Meeting 1C Date Start End Next Meeting Next Time Prepared By Company 10/21/201 02:00 PM 03:00 PM 10/28/2011 02:00 PM FRANK D'ASCANIO THE WEITZ COMPANY-FLORIDA Purpose Location General Notes Coordination and progress update Loxahatchee Club HOA Office Attended By Non-Attendees LOXAHATCHEE CLUB RENOVATION-CHRIS GRIFFITH LOXAHATCHEE CLUB RENOVATION-KEVIN CARROLL _ LOXAHATCHEE CLUB RENOVATION-KEVIN DUNNIGAN LOXAHATCHEE CLUB RENOVATION-RICHARD STRAUSS LOXAHATCHEE CLUB RENOVATION-RON STERN LOXAHATCHEE CLUB RENOVATION-STEVE BELANGER PEACOCK¢LEWIS ARCHITECTS-JON OLSON THE WEITZ COMPANY-FLORIDA-DON PRIEM THE WEITZ COMPANY-FLORIDA-FRANK D'ASCANIO Cc: Company Name Contact Name Copies Notes Item Meeding Item Description Resp Due Date Cls'd 01-0 Meetings will be held on Fridays at 2:00 PM in the HOA office if you are Weitz No 9 joining over the phone please let Frank know in advance so he can send you the documents.The call in number will remain the same.7/8 update: Every other week will be a jobsite walk through rather then formal meeting The phone number to call in is:(800)566-2245,pass code:867963. Next Friday,August 5,will be a meeting.in the HOA office. 02-0 Quality-to insure 0 defects,a walk though will take place every other Weitz No 1 Friday and there will be multiple mock ups to get approved before major items are put in place. Don P.will do 1 st inspection reviews.A running list of any current defects needs to be established 8-5-11 -Ron witnessed a subcontractor driving over some landsacaping in a old van-Don to address in sub meeting. 8-12-11 -Only 1 issue to date,trusses were reworked 9-23-11 -Stucco bands reworked at Turtle cafe 04-0 Kevin will circulate an updated budget to committee 6/24 update: Kevin Loxahatchee No 10 is waiting for buy out to be complete before sending out Club 009-0 We are planning to turn over the main kitchen by 10-7 and the Turtle FRANK No F3 cafe kitchen by 10-17 for testing by the club. Building dept approval is D'ASCANIO ProYog Manager Printed on: 4/17/2012 Weitz Florida Page 1 Meeting Minutes TWG, Detailed, Grouped by Item Number THE WEITZ COMPANY-FLORIDA Project# F110700 LOXAHATCHEE CLUB RENOVATION 1350 Echo Drive Jupiter,FL 33458 Tel: Fax: Subcontractor Meet • Meeting 1i Date Start' End Next Meeting Next Time Prepared By Company 8/23/2011 09:00 AM 10:00 AM 8/30/2011 09:00 AM FRANK D'ASCANIO THE WEITZ COMPANY-FLORIDA Purpose Location General Notes Subcontractor Coordination Clubhouse Library Attended By Non-Attendees BRADFORD ELECTRIC, INC.-JESSIE ROGUE LOTSPEICH CO.OF FLORIDA, INC-CARLOS YEPES COASTAL MILLWORKS, INC..- N/A TALBOT PAINTING CORPORATION-KEITH FARMER&IRWIN CORPORATION-N/A SCHOENROCK METRO FIRE PROTECTION SERVICES INC-DOUG CRAWFORD PINNACLE PLUMBING, INC.-BRET SOBERING THE WEITZ COMPANY-FLORIDA-DON PRIEM THE WEITZ COMPANY-FLORIDA-FRANK D'ASCANIO Cc: Company Name Contact Name Copies Notes Item Meeting Itern Description Resp Due Date.Cls'd S001- Safety-Will touch on safety at the beginning of every meeting If you Weitz No 001 need to take caution tape down for any reason be sure to put it back up There is wiring in the ceiling left from previous renovations; Ask Jesse if those wires are hot before doing anything with themEveryone should be using ground fault interrupters;these must be tested weekly Make sure running cords are not pinched.The inspector is looking out for these items and the job will be fined with no further inspections until fine is paid. The offender will be responsible for paying the fine Crews need to be wearing safety glasses and hard hats at all times Don will have to start kicking people off the jobsite. 7/26 update:You all should be attending the weekly safety meeting Tuesday mornings at7am. Tools, ladders and materials have been left out The club is still open and crews must continue to pick up after themselves everyday. 7/29 update: If Emily looks like it will effect us preparations need to be made.All loose material must be secured; place materials and tools in connex Don will need help taking down the wind shield on the fence 8-16- Fines will be assesed if workers are violating safety policy. 5001- Quality-There will be a running deficiency list Deficiencies are to be Weitz No 002 taken care of when they come up.The goal is to have zero punchlist items. There is a quality control checklist to go through before any walls are closed. Need to be double checking your own work You all should be finding issues before the inspectors have to 7/26 update: The inspector is requiring that any penetrations in the walls be foamed in 7/29 update: Touch up a few areas of staining in Gray Library. Lighten stain sample on bar. Prolog Manager Printed on: 4/17/2012 Weitz Florida Page 1 Daily Construction Report TWC, Detailed, Grouped by Date THE WEITZ COMPANY-FLORIDA Project# F112300 SOUTH POINTE PARK PIER 1 Washington Avenue Miami Beach,FL 33139 Tel: 561-686-5511 Fax: 561-686-7774 ). - Tuesday 1 Day of Temp @ N/A Temp @ N/A Temp @ N/A Precip Cumul Precip Wind Velocity 0 0 Conditions: Notes: General Safety Notes: Visitors: Events: THE MURPHY CONSTRUCTION CO Div.009 Manpower Trade CLASSIFICATION Quantity UOM Crew Total Today: 0 Crew Total to Date: 0 Company Total: 0 Company Total To Date: .0 Project Total: 0 Signature Prolog Manager Printed on: 4/17/2012 Weitz Florida Page 1 m m d 4m- p� • tiV O s N C C CO U m v 0 U- C%4 O N O N • C 'C a i c m 0 o T a� rn CL O O O � � N ca T E � U �O CL . CD s . cD O LL N O Nd � E ti m W ~ O Cfl 'O O CO N �- W O d 0 N LO ti CU Cr)� LL T N C7 T ® O t co (0 �. Q? a) CO C O 0 Lo ca'� 2 a) rn cu jZ a L_ Q .L 0 E Z3 U T �ymQj� 'L 1� Y 0 N C O N C 'C a a� �a C O Q 1 Transmittal TWC, Cover Sheet s Transmitted To Transmitted B Package Transmitted For Delivered Via 'Item# Qty Item Description Remarks CC_ Signature Signed Date Prolog Manager Printed on: 4/17/2012 Weitz Florida Page 1 I GOOD COMPANY. PROJECT REPORTS GOOD COMPANY. I Project reports will be done monthly and submitted with the application for payment.The report will include an executive summary that will list the project details, the GMP project duration, project summary. It will close with a project summary narrative giving an update of what has - been completed and what i8-'expected to be completed in the near future along with any areas of concern. The report will include a cost narrative that will identify the % com- plete along with remaining funds in the GMP. Supporting documents that will be attached are, the updated sched- ule, the most recent OAC meeting minutes, the up to date drawing log, progress photos and any other document required or requested. Example of monthly project report attached. CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT BUILD IN GOOD C®MPANV. 1720 CENTREPARK DRIVE EAST WEST PALM BEACH FL 33401 PH: 561,686.5511 FX: 561.686.7774 WWW.WEITZ COM Wellington High School Auditorium Executive Summary Executive Summary Status Report Cost Review Cost Narrative Meeting Minutes September 16th Meeting Minutes Document Logs RFI Log(No Outstanding Items) Submittal Log(No Outstanding Items) N WBE Participation Drawing Log Progress Photos Job Photos Schedule 9/30/08 Accounting Review Sales Tax Savings Log HONESTY AND INTEGRITY•RESPECT FOR PEOPLE•PERFORMANCE WITH ABSOLUTE RELIABILITY•LONG-TERM PERSPECTIVE•NURTURING PERSONAL GROWTH Executive Summary: Monthly Status Report—September 2008 Project: Wellington High School Auditorium Project#: 2191-8272 Owner: The School Board of Palm Beach County Architect: MPA Architects, Inc. 1.0 Guaranteed Maximum Price Proposal (GMP): Original GMT: $ 11,529,022.42 2.0 Proiect Duration: a. Notice to proceed was issued on August 15, 2007 b. Substantial Completion is November 5, 2008 c. Final Completion is February 5, 2009 3.0 Proiect Status: a. Design phase/Pre-construction Services: Completed b. Construction phase: 93% Complete 4.0 Proiect summary narrative: a. Building The Auditorium is nearing completion with flooring 95% complete and acoustical ceiling tile scheduled to be dropped next week. The covered walkways are 99% complete and scheduled to finish this week. The curtains are currently being installed with lighting scheduled to follow next week. Painting is now 100% complete and all railings are scheduled to come in and install the first week of October. Life safety inspections are scheduled to start next week and finals will begin in mid. October. b. Site work Site irrigation is 75% complete with landscaping scheduled to start mid October. The 2nd lift of asphalt/striping/signage will follow after landscaping and will complete site work 100%. The construction trailer is scheduled to be removed the l"of November. Cost Narrative Summary: Monthly Status Report—September 2008 Project: Wellington High School Auditorium Proiect#: 2191-8272 Owner: The School Board of Palm Beach County Architect: MPA Architects, Inc. The total original GMP is $ 11,529,022.42 Current P.O amount$9,075,642.82 The Notice to proceed was 8/15/07 with a final completion date of 2/5/09. Presently the overall project completion is 93% with a total completed and stored to date of$8,515,901 as per the September pay application. The MIWBE/SBE participation is at 23%, with a total project amount of $2,129,817.00 and-a total paid to date of $1,678,416. Total processed DPOs are $2,012,809.60 with a current savings of $121,848, this amount will be adjusted and finalized upon close out with the subcontractors. Attached with this report is an updated detailed copy of the work schedule. The said schedule is updated once a month and placed on file. As shown herein, all activities are proceeding and the overall project is on schedule. The contingency balance stands presently at $125,246.00. THE SCHOOL DISTRICT OF PALM BEACH COUNTY Wellington HIGH SCHOOL AUDITORIUM PROGRESS MEETING MINUTES #24 Contract No. 2191-8272 The Weitz Company Tuesday September 16, 2008 Location: On-site Next Job Meeting: Tuesday, 10/7108, 1:30 pm Location: On-site Attendees Company Telephone E-mail Address Frank D'Ascanio Weitz 561-719-1549 frank.d'Ascanio(-_)weitz.com Hugh Gutierrez Sebasta Blomberg 561-719-6699 hgutierresCD_sebasta,.com Nicola Givans-James Weitz 561-722-0279 givansjames(cDgmail.com Jerry Flum - MPA 561-683-7000 i-flum(a_mpa-Pb.com Mario Crocetti WHS 561-795-4905 crocett(aD-palm beach.k12.fl.us Dave Hader PBCSD 561-722-0844 haderC@-palmbeach.k12.fl.us Chuck Maclin PBCSD 561-662-0331 maclin(aD-palm beach.k12.fl.us Steve Knapp Weitz 561-723-6310 Stephen.knapp(,�_)weitz.com Job Progress: NTP: 8115/07 Contract Time Expended to Date: 85% Work Complete to Date: 87% Original Substantial Completion: 11/05/08 Original Contract Completion: 02/05/09 Current Substantial Completion: 11/05/08 Current Contract Completion: 02/05/09 Original Contingency: $150,000 Contingency remaining: $125,246 CCA Possible future costs issues: Liquidated Damages (Substantial Completion): $2500/ccd Liquidated Damages(Contract Completion): 625/ccd M/WBE Participation to date: 22% Logs and Review Items: 1.01 Status of Submittals: Re-submittal for signage 1.02 Status of RFls: No open items 1.03 Plan review comment: All comments are being addressed/corrected: • American Walkway Covers to provide letter to satisfy last comment • Davco to provide 5-yr warranty for generator&transfer switch • Propane gas tank detail resubmitted • Received as-built submittal for fire sprinkler • Plans to indicate compliance with accessibility to all levels-MPA 1.04 List/Status of ASls: Security& DX Unit(most recent)—Condenser is going on the roof. Details needed • Architect's Plan Review Comments 1.05 Status of Changes to the Scope of Work: I Fxhi it B To THE WEIlrZ COWS IFLORSA Standard Form Agreement WELLINGTON EIGH SCHOOL AUDITORIUM IF1052009 Contract Documents 6/24/2008 The Contract Documents for the Project are as follows: Dumber Title Issue Date Latest Rev. Rev Title as prepared by CIVIL DESIGN INC cover Cover Sheet 2128/07 6129/07 3 index Building and Lighting Drawing Index 2128107 3f7108 3 sheet 1 of 1 Specific Purpose Survey 7127106 7127/06 0 Clvil as prepared by CIVIL DESIGN.INC . C-1.1 Site Demolition and Erosion Control Plans 2/28/07 2128/07 0 C-2.1 Signing and Striping Plan and Details 2128/07 4/30107 1 C-2.2 Signing and Striping Plan and Details 2/28/07 4/30107 1 C-2.3 Signing and Striping Plan and Details 2/28/07 4/30107 1 C-3.1 Paving,Grading and Drainage Plans 2128/07 4/30107 1 C-3.2 Paving,Grading and Drainage Plans 2/28/07 4/30107 1 C-3.3 Paving,Grading and Drainage Plans 2128/07 2/28107 0 C3A Paving,Grading and Drainage Plans 3/7/08 412108 1 C-4.1 Paving,Grading and Drainage Details 2128107 2/28/07 0 C-4.2 Paving,Grading and Drainage Details 2/28107 4130107 1 C-5.1 Potable Water and Sanitary Sevier Plans 2/28/07 6/8/07 2 C-52 Potable Water and Sanitary Sewer Plans 2128/07 4/30/07 1 C-6.1 Potable Water and Sanitary Sewer Detalls 2128107 2/28107 0 C-6.2 Potable Water and Sanitary Sewer Details 2/28/07 2128/07 J 0 Landscape&Irrigation as prepared by NEAL,SMITH&ASSOCIATES I-1 Auditorium Irrigation Plan 2/15/08 2/15/08 0 1-2 Parking Area Irrigation Plan 2115108 2115108 0 1-3 Irrigation System Specifications 2/15/08 2/15/08 0 L-1 Auditorium Planting Plan 2115/08 2/15108 0 L-2 Parking Area Planting Plan 2115/08 2/15108 0 L-3 Planting and Sodding Specifications 2/15108 2/15/08 0 Architectural as prepared by MPA ARCHITECTS,INC A-8.1 Building-f=irst.Second and Third Floor Plans 2/28/07 4/30/07 1 A-8.10 Building-Sections and Details 2128/07 6/8/07 2 A-8.11 Building-Toilet Plans 2/28107 2/28/07 0 A-8.12 Building-ADA and Toilet Accessories 2128/07 2/28107 0 A-8.13 Building-Wall Sections 2128107 2128107 0 A-8.14 Building-Interior Elevations 2/28107 2/28107 0 A-8.15 Building-Reflected Ceiling Plans 2128107 2/28/07 0 A-8.16 Building-Roof Plan 2128/07 4/30/07 1 A-6.17 Building-Door and Room Finish Schedules 2128107 2115108 2 Initials Prolog Manager Printed on: 6/24/2008 Weitz Florida Page 1 CMM Exhibit B To THE WEII'Z COMPANY-FLORIDA Standard Form Agreement WELLINGTON HIGH SCHOOL AUDITORIUM F105200,Contract Documents 6/24/2005 Number Title Issue Date Latest Rev. Rev T-2.6 Stage Video System-Details 2128107 2128107 0 T-2.7 Stage Video System-Control Loft 2/28/07 2128107 0 T-3.1 Stage Rigging System-Plan View 2/28/07 2128107 0 T-3.2 Stage Rigging System-Section and Schedule 2/28107 2128/07 0 T-3.3 Stage Rigging System-General Purpose Line Set Qevations 2128/07 2128/07 0 T-3.4 Stage Rigging System-Electric Elevations 2/28/07 2128107 0 T-3-5 Stage Rigging System-Fire Curtain 2128/07 2128/07 0 T-4.1 Orchestra Pit Filler-Portable Platforms 2/28/07 2/28/07 0 Structural as prepared by ONM&JACKSON,INC. S-1 Foundation Plan 2/28/07 4130/07 1 S-2 Second Floor Framing/Chiller Enclosure Foundation Plan 2128107 2128107 0 S-3 Roof Framing 2128/07 4/30107 1 S-4 Notes,Schedules and Details 2128/07 4130107 1 8-5 Sections 2128107 4/30107 1 S-6 Sections 2/28/07 4/30/07 1 S-7 Sections 2/28/07 2/28/07 0 Mechanical as prepared by JOHNSON,LEVINSON,RAGAN,DAVILA,INC. M-1 Mechanical-Site Plan 2/28/07 2/28107 0 M-10 Dust Collector Details 2/28/07 2128/07 0 M-11 Mechanical-Details 2/28/07 2/28/07 0 M-12 Mechanical-Details 2/28/07 2128/07 0 M-13 Mechanical-Details 2/28/07 2128/07 0 M-14 Mechanical-Details 2128/07 2128/07 0 M-15 Mechanical-Details 2/28/07 2/28107 0 M-16 Mechanical-Details 2128107 2128/07 0 M-17 Mechanical-Control Diagrams 2128 107 2128107 0 M-18 Mechanical-Control Diagrams 2128107 2/28/07 0 M-19 Mechanical-Notes and Schedules 2128107 2128/07 0 M-2 Mechanical-First Floor Plan 2/28107 4130/07 1 M-20 Mechanical-Schedules 2128107 2128/07 0 M-21 Mechanical-Schedules 2/28/07 2128107 0 M-22 Mechanical-Schedules 2128107 2128/07 0 M-3 Mechanical-Second and Third Floor Plan 2/28/07 6/8/07 1 M-4 Mechanical Room-192 Plan and Section 2/28107 2128107 0 M-5 Mechanical Room-191 Plan and Section 2/28107 2128/07 0 M-6 Mechanical-Building Section 2/28/07 4130/07 1 M-7 Dust Collector Plan-Technical Workshop 2128/07 4130107 1 Initials Prolog Manager Printed on: 6/24/2008 Weitz Florida Page 3 _ _ ti :: . -. - �. ! 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E c `m E Q C7'c'c c•° d o y `a):- E w U c m u Lo m E c m r o ° .`❑ o m m o (o c m>= o u o o❑o u E u d > N o m - - °m o Q to o ° o m o m-CzU1-SaaaUhwUSi�U LLazu_ QQQa05 a.n_O2QmH►=SLY Sa5U O U� a r N M tt7 CO OD m 0 N M '7 tt) O ti O m N 4 N N N N N N N N M M M M M m m M M M a' tt V IT BUILD I N. . REQUEST FOR GOOD COMPANY_ INFORMATION RR"S.will be generated from drawing revi;ew.or field coordination.The designer will be,contacted to discuss the issue prior to sending the RFI. t The-questions will then be drafted in Prolog and submitted electronically to,theldesi.gner, copying the owner. Options and'a recommendation will be- resented with the�RFL The outstandiTn,g RFI's will be-reviewed at each OAC meeting. Example R,FI form and l.og:attached: . r ' 1.•L_; _ .~i .. .. .. - - ' CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT Request for Information TWC, Detailed, Grouped by Number THE WEITZ COMPANY-FLORIDA Project# F112300 SOUTH POINTE PARK PIER 1 Washington Avenue Miami Beach, FL 33139 Tel: 561-686-5511 Fax: 561-686-7774 RFI 1: 001 D. • 1 Subj ct: Date Required: 4/24/2012 To Company Attention Requesting Company Y� Requested By I Fax: Discipline Co-HLrthor 'CC: THE WEITZ COMPANY-FLORIDA Cost Impact Satiedule Impact.._ _ Dwg Update Required . Category TBD ITBD ITBD I Question [knswer Signature Date Prolog Manager Printed on: 4/17/2012 Weitz Florida Page 1 m � rn m cn a LL - ry 70 C c � o J ® i E E U a m c rn •N Q c ca a E 0 U o Z m -o 0 N O N ti r C O a O C d L t0 C O . 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L U')N r O r r r r T s O z O Z O Z O Z O z Z Z Z J Z J Z J qf Z 06 Z > > _ J _ V W J _ J > J > > (7 (D W > >- > Q w w Q J J J J Z Q Z Z J z¢ F- —J Q Q Q Q Q O ❑ O O � U ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ O U) U) U) U) Z Q Q Z Q Z Q w 0 Q ¢. Q Q w 0 Q Q ¢ Z Q Q ¢ Q z Q = O O 2 0 = O J U) 0 0 0 0 _J U) O 0 0 = C7 O O O = 0 O Q w O Q O Q m w w w w v) w w w O Q w w w O Q Q J J J J Q J J J -� Q' J J J Of U O F- N U o LLI N O G. Ur C � O 0 O- d cn J � � N c d c J y y N c c m f0 O a d O (D Z C` y m 0 M > - m N N O E X a) N LL .a N tD 7 .Q. J X > > r f0 c0 m O U — U 7 N N O p -cD m O m �c n 6 c ❑ O > O O 1 oJ d N LL w � F- ❑ w Y Y Q U J -� U U LL of ❑ ❑ c/) V U- ] X N C O C 0 LL U J O 0) M I t') O r- M O O N M CO r- w O O LU O O O O O r r r r r r r N C N F- O O O O O O O O O O O o O O O O O ol O 1 O a T CONTRACT ------ — - BUILD 1111 GOOD COMPANY_ AMEN M E NT( S ) / i n PROCESS j If a contract amendment is needed, the City and AE will be notified in writing and it will be documented in the OAC meeting. At that time all supporting documentation for the amendment will be compiled and a Construction Change.Directive (CCD) will be generated. Supporting docu- ments will be attached and the package will be presented to the City, Ar- chitect/Engineer for approval. After approval, the CCD will be incorporated into a Prime Contract Change Order. Example forms are attached. When necessary to use contingency, the City will be notified in writ- ing and documented in the OAC meeting. All supporting documents will be gathered and a CCD will be generated noting contingency usage.The CCD will be presented to the City for approval. After approval the con- tingency will be reduced by the approved amount and dispersed per the CCD. Example forms are attached. CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT co d. • ® o O LL • 4- � O cu U • r O .� M CN � P Q P r0 V � V U •® ca v_ 0 b N O N ti • O ® Cfl • � pp N ® W C° C LL UL LO d MU M :3 r cn LU (D N 0 _ > `o LL Lo 14 N ® 0-=, O, 9 rz ®. rnm( rz w CD ro `o ° W p I— col _2�- a it Construction Change Directive TVVC, Detailed,Grouped by Number Page 1 of 1 SOUTH P®1NTE PARK PIER Directive Number: 001 Project# F112300 Date Created:4117120112 1 Washington Avenue Miami Beach,FL 33139 Tel: 561-686-5511 Fax: 561-686-7774 r • ac ® ° ® • 0 ® S • ® ® 0 0 ® 0 Itemized Details: Budget Code D escription QTY UOM Unit.Price Est Arnt Total: TBD Proposed Adjustment 1. The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: [ ]Lump Sure(increase/decrease)of [ ]Unit Price of per [ ]As provided in Subparagraph 7.3.6 of AIA Document A201,1997 Edition. [ ] Time and Material not to exceed [ ]as follows: If no box is checked,the manner and amount of the adjustment to the contract sum and!or GMP shall be determined at a later date.Contractor reserves its rights under the contract documents. 2. The Contract Time as a result of this work will be unchanged. 3. Approval Required by in order to minimize the delay to the project. Upon execution by the Owner and Architect,if required,this directive shall be effective immediately. ARCHITECT OWNER Address: Address: By: By: Date: Date: Printed on: 4/17/2012 Prime Contract Change Order Date: Page 1 of 1 To: Architect's Project No: Contract Date: The Contract is changed as follows: CCD Description Amount Sum of changes by prior Prime Contract Change Orders................................................................................ The revised Substantial Completion Date as of this Change Order is................................ NOTE: This summary may not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been previously authorized by Construction Change Directive. ARCHITECT CONTRACTOR OWNER By By By SIGNATURE SIGNATURE SIGNATURE DATE DATE DATE ' I I BUILD IN S GOOD COMPANY_ SV BMITTAL d` I I I A submittal register will be generated and distributed for submittals that are expected throughout the project. Submittal Packages will then be reviewed and checked to comply with the contract documents. At that point they will be stamped and transmitted to the designer for review. All submittals will be tracked-with the submittal package Log. Outstanding, submittals will be reviewed at the OAC meetings. After approval from the designer, materials will be released for procurement. Example formsl and logs attached. „ I CITY OF VIIA(VII BEACH-SOUTH POINTE PARK PIER PROJECT CD 0) co CL r o +d O N N M N Q� aa)) m a) a) aa)) m ° (te) ° ate) a (D m m aD a) a) y (D (D '0 0 0 0 0 0 0 '0 0 Ix af a W Of az az CL a i `o Z � i i i O O O m ^ _ O 3l C0 (n� O v/ o_ O_ O (D m ca C r N r N N N N N N N N CC �� co co � V Q V L n r— n Cl) C � � ca Lo co It co -L. F— a O O O O a w w < o: �? OQ OQ OQ OQU C7 U U >¢ om0m0m0Ww w J_ D M CIC > } J< U U U- U� Q } } } W O J J Q Y Q Y Q Y Q Y Q Z J J J W W o < O a a a a z Q Q Q z z U Z O O O O a O D O Q Q Z Q }ccnn >-U }(cn }U) v) Q Q Q U) ai UW UW 0 Q =! J> J? JS 2 W Uw W 5U =U M 2 M S J J J (n Z Cl)Z r O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Z Z Z z O O O O (n w LU cu o" 0� 0� 0� z o a o ~ '_ Z aQ a¢ D.Q aQ - U J o �z 0m am 0m 0m C7 O O O a LL W OU UO OU� OU 2 O LL LL LL LL .. W °aQ YQ YQ `LQ YQ WO N} N} N} W Z an. a'a as �a F-0 Fz Hz Fz z J w 0 0 F- O F- O F- O F- Q Q �F Q w Q = w g a >-cn >-u) }cn > cn F-a a a a co F- a' J J J J U)W � U uj ' UiOU 2 M 2 1: QLL F-L) I=UO HOU Cf)? U H U W _N ® °0 V) w O co M CL �, N _ N ' C 'o � a ` .� d U Q1 Z _ .o a) m a x a) - v .� Q O N at C p Q d O LL 0 0 a o o C °) c o c a) Q 0 w CL jS w c a>) c c o m Fo (i S z o > m > m E 0 = 0 c J 7 U U IL 2 U` LL (,� F- co LL ci w _ U co M t- T Cl) C) (D h L (D CO o (D N c) I- O M O IL)O O O O O O O O Z V O O O O O O O O O O O O O O O d O 1 O > a► d 0 0 0 0 0 0 0 0 o 0 o .9 0 d O � a Z - ` 0 0 0 0 0 Cl) 0 0 jp o 0 o V 0,2 J o 0 0 0 0 0 0 0 0 0 0 Z o O o N F- ;) LL- X O U) U > W Z o ti 00 0 0 00 0 00 9 N O 04 00 9 L1 04 O C? U J p 0 0 0 0 0 0 0 00 O o 0 0 0 C p) W J p _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 o G 00 O W Cl) - O ' O O O ' O ' O ' O ' co O ' O_ ' O_ ' o ' O ' `p H N Ia O N N N N M M M M r� r CD CO (D O M Co O Cl)N r• r O r 0 N O N(A N to N(t) N to 0 0 O to O W O W O V O O Q Submittal Transmittal TWC, Detailed, Grouped Number F308200 PBC#03209 o ,Uue Date j ransrhitted-To: r Transmitted By: yT' nsrnitted For Delivered Via Qty Submittal Package No Description' -- _ Package Action Items —ON Description ,K @rQarks CC: -- - Signature Signed Date Drawing Packages TWC,Detailed,Grouped by Drawing Package Number Revision Rev.®ate Title I Prolog Converge Printed on: 4/13/2012 Weitz Florida Page 1 PROJECT BUILD ero GOOD COMPANY. -- C LOSIEOUT i F I At project closeout a list will be generated per the contract documents of all required closeout items including the certificate-of occupancy, warran- ties, as-builts, operation and maintenance manuals, training completed and attic stock. All.items will be gathered and the closeout manuals will - be generated. All documents will be scanned and the-City will receive thel required amount of hard copies and CD's per the contract. = A final pay application will be submitted with.the final, report and close 7 out manuals to close the project. Example forms are attached. CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT 04 C-4 �6 .;a za �a �6 ;a ;G ;6 Z6 �6 . . . . . . . . . . . . . . . . . . . . . . . a.. . . . . . . . . . . . . . . . . . . . . ar ID LV zz zz 00' W' Em - - - -- - - - - Q Q Q Q Q N a 4 - -0-—— — — — — O— ,Z3 Q Q Q Q Q��!Q Q Q 0 Q Z3 6 E; — — —— — — — — — — — — — — —— — 00 0 CL o > > C) m 4 LU uj 0 m m 0 E m C) o c 10 o 0 0 0 0 w w z >, I colf < C U)(f co w 10, < - - --I ;I< L)0121 M m > m O 0 ❑ 0 (n 0 0 0 > (D ID CO. 2 y 1. 2 an EL CD 2 LO En U)ee-j6 - . . 1. - m: T E w &1. uj o 0 2f E 0 0 c w cL C) >0 5, 0 r 'o 0 E t: n o -9 c o n j Z 9 r (S 0 U3 > w mo j 0 C3 103 M w E CD m E E o -6 m E R c E E 0 E ' S E q E = u q 0 E 0 N E " q E co o Li En 2 L) < 0 ul = 2 @ T a L) 0 0 0 0 M c ❑ E Y m UJ L) ❑ 0 10 7 m C! c7! . .. m 13 O IV 1. 0 Lq -9 cq 16 CL . . . 11 1p t7 Of N 10 T 11: 0 -2 0 0 0 o O. > 0 E E 0 E A? L) 0 z z Z 75 0 c 0 L. ❑ 0 C3 L) z L) m E ❑ ,1113 Q.In m t 7 F- m 22RRoi! P p 0 L) 6 6 C 6 J O a �L . 0 . . Z m CL 16 0 E Li . . E E w a:a:a: L -6 0 e —3: 3: . . . C) -2-2 -2 -2 2 P -2 -2 -2 2 o o 0 o CL 6 li i E u M W M cn M W 10 -0 en w u) u)w 'o 'o 0 S a o o E .0 'L L L :3 c c c c c ul 91 EL .2 2 T C,F T m w o 2.9 M —m —m -6'b-6 Z Z E a (D 0 L) vi 0 o o o 2 2 o o o o o 6 6 6 6 6 L)L)L)L) L)L) o C) A C3 U 6 rn o o U m . . . co m ED m m C, ED . a E E E E E E �2 o . . . . 63 Uf 0 u m c,C� 'IMI'Mm -6 -6 u u u io 0 a C)0 0 0 0 Lu w 0 . . 9 .-F, u u . c u u .2 L f f o n Lo y ;cE 0 L)L)IL)�0.0 u U L9 C) 0 << <<< 0 Z. a. cL cL cn 0 o' U):b u) �a I- 0 6 > B 0- WEITZ +a � ; WEITZ _ . City of Miami Beach 1700 Convention Center Drive Miami B ea ch,, FL 331-39 AMENDMENT GMP CLOSURE DOCUMENT CITY OF MIAMI BEACH SOUTH POINTE PARK PIER PROJECT September 12, •. City of Miami Beach —South Pointe Park Pier GMP Closure Document August 31, 2012 Our GMP Estimate is based on the 100% submittal package prepared by Atkins dated October 24, 2011 and comments contained in the Atkins letter dated 4/19/12 subsequently updated 5/21/12. This GMP proposal is valid for 60 days. If the GMP is not finalized within this time period we will need to review subcontractor,_vendor and material pricing for possible cost escalation. We have also incorporated comments from subsequent conference calls and meetings as required. A complete GMP document listing is contained in this closure document. Division 1 —General Requirements Inclusions: 1. Permit Fee Allowance of$152,000 2. Payment and Performance Bond 3. General Liability Insurance 4. Builder's Risk Insurance (deductibles not included) 5. Project Subguard (The Weitz Company's subcontractor bonding program) 6. Our budget includes full-time Weitz Company supervision on the project site. 7. We've included a 5% Contractor's Contingency in our GMP amount. 8. We have included concrete materials testing for plant manufactured items such as piling and precast beams per spec. sections 034100 and 316200. 9. Temporary fencing, gates as well as maintenance of traffic and barricades. 10. Our project schedule is based upon our ability to maintain access to the project site during daylight hours and as allowed by applicable City of Miami Beach ordinances regarding construction activity and noise. 11. Coral relocation, monitoring and remediation as per FDEP permit#13-0263037-004 dated 4/2/12. 12. Off-site staging area for materials and daily transport to jobsite. 13. Labor rates based upon General Wage Decision #FL120168 dated 2/17/12. City of Miami Beach South Pointe Park Pier Section 2 Page 1 CM &C. t10 J y�••. ' Division 1 —General Requirements (continued) Exclusions: 1. Professional Fees (Architect, Engineers, etc.) 2. Specialty/Threshold inspections 3. Permit Expediting 4. Sales Tax Savings program 5. After hours security allowance. See Add Alternates. Division 2—Existing Conditions Inclusions: 1. Complete demolition and proper, off-site disposal, to an approved landfill, of existing pier structure. Our scope includes removal of existing, visible debris lying on the bay bottom within the area of the work. (See spec section 024000 Section 1.01 C). The subsurface investigation work described in the second paragraph of Section 1.01C is not included in the GMP amount nor is the removal of any items such investigation may find. The underwater investigation work , if required, could be performed at a cost of$3,500 per day for a three man SCUBA team. 2. All existing piling will be removed in their entirety unless existing damage is so great the structural integrity does not allow full removal. If the latter is the case the piling will be removed 2'-0" below existing grade. 3. Misc. selective demolition-and removal of existing landscaping and walks as required by the work. Exclusions: 1. Hazardous materials investigation or removal. 2. Subsurface debris investigation or removal Division 3 -Concrete Inclusions: 1. New concrete pier structure, piling, pile caps, beams superstructure and light bollards. We have included three test piles as per the specifications (plans call for two). 2. Exposed superstructure concrete, Diaphragms, Beams and Pile Cap C1A to receive exposed shell aggregate finish. City of Miami Beach South Pointe Park Pier Section 2 Page 2 cm Division 3—Concrete (continued) 3. All structural ready mix concrete for the pier structure is to be based on the FDOT aggressive environment mix design. All requirements for DCI (calcium nitrate) admixture have been deleted as part of the accepted value engineering per Atkins letter dated 5/21/12. 4. All reinforcing steel to be standard, grade 60 steel. 5. Fish Cleaning Station / Light Bollards—precast or CIP (TBD) 6. Land-side pier abutment. 7. Concrete cap at shade structures. 8. Repairs of concrete walks and drives removed or damaged during the performance of the work. 9. Penetrant sealer. At the request of the City and Engineer this requirement will be maintained. q Y 9 q Exclusions: 1. DCI Admixtures.. 2. Integral colored or stained.concrete. 3. MMFX reinforcing steel. See Add.Alternates. Division 5 - Metals Inclusions: 1. Aluminum Entry Gate & Frame with a anodized finish. 2. Aluminum Guardrail panels with a anodized finish complete with anchor posts. 3. Aluminum bar grating with a mill finish. 4. 6" steel pipe columns @ shade structures, concrete filled, galvanized with a marine grade powder coated finish. Exclusions: 1. Special finishes on metals except as noted above. 2. Banding of grating panels. City of Miami Beach South Pointe Park Pier Section 2 Page 3 cmpm oaaao as y t Division 6 —Wood and Plastics Inclusions: 1. Ipe wood cap for guardrail type 1 (2x10) and type 2 (3" diameter). 2. 5/4 x 6" Ipe wood decking at pier deck and fish cleaning station access panels. Exclusions: 1. none Division 10 -Specialties Inclusions: 1. Fire extinguishers and cabinets 2. Beach Plaza, Pier and monument signage 3. Awnings/shade structures by which will match the appearance and attachment methods (grommet method) of the existing awnings within the South Pointe Park. 4. Bicycle racks based on RB Wagner model #SR5SS as per GMP documents 5. Trash receptacles at Pier and Beach Plaza based on Landscape Forms model "Chase Park" as p P requested by the City of Miami Beach. 6. Benches at Pier and Beach Plaza based on Escofet"Barana" in order to match existing park . benches. Please note that our bench pricing includes a $2,500 allowance for US Customs and Port of Miami charges, tariffs and other misc. port costs which cannot be determined at this time. Shipping from Spain, local freight charges and Florida sales tax are included in our pricing. Exclusions: 1. None Division 22 - Plumbing Inclusions: 1. PVC water piping /valves on pier structure including hose bibs/cover plates as indicated on GMP documents. Further review and analysis amongst the team is required to determine the best long term solution for water piping in this environment. Exclusions: 1. None City of Miami Beach South Pointe Park Pier Section 2 Page 4 CDODME) 00 Division 26 - Electrical Inclusions: 1. Our budget includes electrical service, panelboards, transformers, stainless steel panel rack, power distribution and lighting as per plans. 2. Light fixtures_, including the USCG obstruction warning light requirement noted in the 4/16 e- mail. We have.included a $6,800 labor and material allowance for these two additional fixtures. 3. Electrical service tie-in at existing Maintenance Facility with allowances for potential patch and repairs within the facility. 4. Empty conduit system and pull boxes for future Telephone/CC. TV systems. Exclusions: 1. Telephone / Data Systems (wiring, devices or hardware) 2. CCTV Systems (wiring, devices or hardware) 3. Security Systems (wiring, devices or hardware) Division 31 - Earthwork Inclusions: 1. Land side erosion control measures as required for the proper execution of the work. 2. Daily water quality/turbidity monitoring and reporting as required by the FDEP permit. 3. Piling concrete design mix to be based on FDOT aggressive environment mix design as per accepted value engineering. Exclusions: 1. Installation and maintenance of weighted turbidity curtains. Division 32— Exterior Improvements Inclusions: 1. New pavers, concrete header curb and coral veneer edging at Beach Plaza. 2. We included an.allowance for saw-cutting and replacements of sections of the existing site concrete sidewalks and concrete service drive as required for site utility (plumbing/electrical) connections. City of Miami Beach South Pointe Park Pier Section 2 Page 5 GdLwlO OLD] �. C.30.MODZ2�OW. 'r�l , Division 32— Exterior Improvements (continued) 3. New landscaping as per plans. We've included allowances for new sodding and potential sea oat replacement as required by the work. 4. The GMP includes 120 days of post-turnover landscape watering and maintenance as per spec. section 329300. Exclusions: 1. Irrigation system. . Division 33—Site Utilities Inclusions: 1. Domestic water service from the existing Maintenance Facility to the new pier including meter assembly and RPZ backflow preventor. 2. The GMP amount includes a $12,500 allowance to furnish and install a City of Miami Beach water meter and,FRP box/cover. 3. We are basing our estimate on the use of directional drilling for the site utility work (domestic water and electrical service) as per plans. See Atkins letter dated 5/21/12. Work will be coordinated with the appropriate departments of the City of Miami Beach and under a field permit issued by the FDEP Bureau of Beaches. Exclusions: 1. None City of Miami Beach South Pointe Park Pier Section 2 Page 6 WEITZ-FLORIDA CHARGING RATE SUMMARY LIT(Labor Insurance and Taxes)Rate 45% Hourly Labor Benefit Burden $5.63/man hour General Liability Insurance $15.00/$1,000 CV Data Processing $2.50 per$1,000 CV Subguard/Sub Bonds $15.00/$1,000 CV Normal,$25.00/$1,000 High Risk Warranty Reserve $2.50/$1,000 CV Builder's Risk Insurance $15.00/$1,000 CV Payment and Performance Bonds 1.00%of CV Electronic Closeout Conversion(ECC) $2,000 EPCS-Electronic Project Control System $95.00 per month per user Prolog License for non-Weitz personnel $1,700/user plus$47.50 per user per month CV=Contract Value UNAvQ1rAda Staff Description Charging Rate Hourly Weekly Sr VP/Construction Manager $ 155 $ 6,200 Project Manager $ 100 $ 4,000 General Superintendent $ 120 $ 4,800 Project Superintendent $ 100 $ 4,000 Project Coordinator $ 45 $ 1,800 Project Accountant $ 45 $ 1,800 Senior Estimator $ 100 $ 4,000 Model Manager $ 70 $ 2,800 Project Engineer $ 65 $ 2,600 AFFIDAVIT NAMING PERSON AUTHORIZED TO SIGN PAYROLL / INVOICES / RELEASES State of ) ) SS County of ) do, until further notice, appoint (Name of Owner, Partner or Corporate Officer and Title) as paymaster and appoint (Name of Person being appointed) as designated officer to invoices/ (Name of Person being appointed) releases on the construction work of (Project) do'further appoint and..authorize him/her (Name of Person being appointed) to execute the combination Copeland, Davis-Bacon, Work Hours Act Compliance Statements required to be filed with the payrolls and hereby certify that he/she is in a position to have full knowledge of the facts set forth in this_statement. (Company Name) (Signature of:Owner, Partner,Corporate Officer) (Name,Title) This authorization affidavit naming person.authorized to sign payroll/invoices/releases is required if any individual other than the Owner, Partner or Corporate Officer(President,Vice President, Secretary,Treasurer,Comptroller)is to execute the combination (Copeland, Davis-Bacon, Work Hours Act) Compliance Statement required to be filed with each payroll report and/or unless a change is made in person authorized to supervise the payroll,in which case a new affidavit is required covering that person. Page 1 of 5 General Decision Number: FL120168 02/17/2012 FL168 Superseded General Decision Number: FL20100267 State: Florida Construction Type: Heavy County: Miami-Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number Publication Date 0 01/06/2012 1 02/17/2012 ELEC0349-007 09/05/2011 Rates Fringes ELECTRICIAN Electrical contracts including materials that are over $2,000,000. . . . . . . . .$ 30.11 8.96 Electrical contracts including materials that are under $2,000,000. . . . . . . .$ 27.15 8.64 ---------------------------------------------------------------- ENGI0487-017 01/16/2010 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) . . . . . . . . . . . . . . . . . . . .$ 27.57 8.78 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators) ; Cranes with 3 Drums (When 3rd drum is rigged for work) ; Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice) ; Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck. . . . . . . . . . . . . . . . . .$ 28.30 8.78 Cranes with Boom Length Less than 150 Feet (With or without jib) ; Hydro http://www.wdol.gov/wdol/scafiles/davisbacon/FL168.dvb 5/15/2012 Page 2 of 5:` Cranes '25 Tons &. Under, & Over-50 Tons (With Oi,l'er/Apprentice) ; Boom. Truck. . . . . . . . .$ 27.57 8 78 OPERATOR:. Drill. . . . . .'. . .$ 25.05 8.78 ; OPERATOR.: - Loader: . . . . : . . ..$ 24 .89 8` 78, OPERATOR: Oiler. . . . . . . . . :$,. 22.24 8.78 IRON0272 ' 005.:-10/01/2011 ' Rates Fringes IRONWORKER, ,STRUCTURAL. . . ... ... . . . .$ 23.94 5.93 ------------------ ----------------- - ----------------- -- --- ------ - - LAB01652-0,04 05/01/-2009 : Rates , Fringes LABORER: Grade Checker: . . . . . .$ 14.50 4.67 ---- -_j----- --- ----------------.---- ------------ ------------- PAIN0365-007 '07/0.1/,2008 Rates Fringes PAINTER: Brush, Roller arid, Spray. . . . .. $ 16.00 6.15. - * SUFL2'009=164 06/24/2.009, Rates Fringes CARPENTER, Includes 'For '%Work .:$ 17.00 CEMENT MASON/CONCRETE ,FINISHER. $ -16,.61 5:52. LABORER: Common-or ,General ..$ 13.09 1.26 . LABORER: Landscape. . . $ 7.°25 0:00 LABORER: Power Tool' Operator; (Hand Held Drills/Saws,. Jackhammer and'Power Saws Only) . : . . .$ 10' 63 2.20*. OPERATOR: Asphalt. Paver. . . ;$ 11:59 0:00 OPERATOR: Backhoe: Loader - Combo. . . . . . . ! : . .$.:16'.10. 2:.44.. OPERATOR. Bull-dozer,. . . . . . : . :$ 14:95 0.81 . _ OPERATOR-:': Excavator . . . $ 21.16 1.67 OPERATOR -Grader/Blade: $ 16.00 2.:84 _ OPERATOR: Mechanic . . . . . . . . .$ 14.32 ,T.00 OPERATOR: Roller. . $ '10.95 0.00' __OPERATOR: Scraper. . . $--11.00 1.•74 hU-//w*w:wdol.gov/WdoVscafi1es/davisbaconJFL168.dvb 5/15/2012 Page 3 of 5 OPERATOR: Trackhoe. . . . . . . . . . . . . .$ 20.92 5.50 OPERATOR: Tractor. . . . . . . . . . . . . . .$ 10.54 0.00 TRUCK DRIVER, Includes Dump Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.60 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 12.73 0.00 TRUCK DRIVER: Off the Road Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.21 1.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union hq://www.wdol.gov/wdol/scafiles/davisbacon/FL168.dvb 5/15/2012 Page 4 of 5' rates; however, the data used in�computing these rates may include both union and non=union data. Example: SULA2004-007 _. 5/13/2010. SU indicates. the rates. are not union rates, LA indicates the State of Louisiana; 20.04 is the year of the survey; and 007 is -an`internal number used in producing the wage determination. A 1993 or later date, '5/13/201-0, indicates - the classifications and rates under that•identif.ier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is .conducted. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a.wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in. 2..) and 3.) should be followed. With regard to any other matter not yet ripe for the formal . process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.'S. -Department of Labor 200- Constitution Avenue, N.W. Washington, DC*20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator , (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should'be:accompanied by a full statement of the, interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. .f 3. ) If the decision of the Administrator is not favorable, an http://www.wdol.go'v/wdol/scafiles/davisbacon/FL16g.dvb 5/15/2012 Page 5,of 57 .- inter_ested`P artY may a PP eal .directl Y: to, the Administrative F - ReV ew .Board"'(formerly the Wage Appeals Board) Write to Administrative,-,.Review Board U S Department`-of ;Tabor 200,:Constitution Avenue; N.W. Washington, DC`20210 _ r_ 4.-) All--,decisions by tile' inistrative Review Board.ar_ e-final. , . .-... - OF GENERAL: DEC3S.ION, END �Y - http://www.wdol.gov%wdd/s—files/davisbacon/FL168.dvb 5/15/2012 C CO CO O n O. O m m C N E C O O_o Co !JI O ,°•, C W N (a E ° LL n d @ E E L c m ro t m E t m m m cc a'c j m o.E m�n c Y ° c waU(nu)LL U m YO m N Oil N m ` C U O N a N - N 01 m C im m O c m m C Z U m m � OO O. p ; m (0 N w C m C N c m ¢ r m co W m Lm Ul (a a U U O- N m m u ca U al m m m m CL 'a m A v n C m -J L L p m o m m LL _ N m N m m n °• m m S U in O, m LL p O c m E V C O o a o m o m a`) a o > ; v d m c o ,a o F- ' `7 iY N a i0 ° °& . a 3 0 > ---------- M = ' -- a m y U 3'•i p = ; c o -0 o Q m0 E E o' 2W Cl) LLc7m y� Vd LL w 0 Q Y LL W CC - a o QW m: CL cts z U.0 LL m Q a _I- _ m V E U c m E a m c � m o m E m m � E a _ � a _ �J 3 m - m 0 0 0 0 0 0 0 0 70 0 0 0 0 0 0 cii 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N_ N _N N_ N N_ N_ N_ N_ N N_ Cl) Cl) �j _M M M M M M M _M M M M _M M_M _M _M _M M M M M M Q LL Z > LL > > > > U > Z ¢ m Q C7 LL LL F- F- F- F- > > F- F- F-F- F- > > C..) 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Z) aag2 O aLL 2 ¢ am OOO ml ( m o OOOz , n cli ¢ N o O O O O r m 0 y m m M ( ( (o m CD N N N Cl) N O O N 0 O N N a a a a a o a a a a a a a a a a v a a a a a a a a a a a a a a o o a a a a CA a0 N n O O n 0 Ti v 0 Cl) O N N N w (n O M N n n N n n w N V •f O) Cl) Cl) N M n N (D f0 (fl M N N Cl) (o V N N a a a a a o a a a a a a a a a a a a a a a a a a a a a a a a a 0 0 a a a a m V N [{ 0 0 n 0 N V O M O N N to O l0 D) M N n n N n n O N N r V M co N Cl) r n N (O T V •t co (n co N N M r V) V N N - • E O U c 3 m o m c c - > al _m U m O d O CD m L m m o 3 p m Cp m E o oe (°� a c m o c Z E U (.� = U O m N N '- N M N N y n' > o m c m Q U¢LL N C O m O 0) m a E m m m C N Cl C a w LL w E m E -a' > o a ° o Z m ed m m m I ° •°- o o ° Q O Q(n �' ¢ LL N o c v o m m 0 c c o ai a ° m v c u m m M v M o T N N C�7 m m -° a a S o m a N CO m a 2 m N m m m c-, m C (n _ (Eo a s 0 Co E ° c 0 m m x m a m U 5 a N c m m N m y a E , m � as Z m M m o , -O N m m 0_m N O N o ` C m O N U O a3) LL m a LL (7 E m¢ o - ° n m n E m °3 v m m cLi m a� S N U °� m ao m a m U > € m m LL w U F p 'n E y > of - m c c ro m o - E > c m m m E m m m o H p m m o y L o m m ° m m `m m 'm r m m a' c m m m c ° c al m m m a m °E uJ ¢ LL C7 (n m Z LL LL m U Z In U F- LL D (n m m ¢ m W (� W m in (n LL fn LL 7 2 LL J a t a c CL a U �c�cm0 _o as¢m _ V)ll- LL WE11TZ s contact t THE WEITZ COMPANY i Jonathan Sharon; Project Manager 1214 S. Andrews.Ave. Suite 302 Fort Lauderdale,, FL 33316 jonat.han.sharon @weitz..com j Mobile: 786.236.7789 I II • � i I i I C= BuILD Iro FOOD CC)MP^PJV. GMP Estimate Summary Project: South Pointe Park Pier Gross Area(GSF): 10,200 Job#: Estimate status: Final GMP Date: August 31,2012 Addenda: C Trade Description Base Bid Recommended SubNendor Name 'm 1 01A General Conditions $ 502,776 TWC 2 01B Mobilization $ 81,011 TWC 3 01C Site Security Allowance $ - See Alternate below 4 0113 Environmental/Coral Relocation $ 144,800 Industrial 5 Allow for supplemental services during coral relocation $ 5,000 Allowance 6 02A Demolition $ 192,162 Murphy Const. 7 03A Concrete Work $ 23,177 TWC 8 03C Architectural Precast Concrete $ 24,792 TWC 9 05C Misc Metals(based on Alum.materials) $ 444,100 Bostic 10 06A Rough Carpentry $ 235,999 Coastal. 11 10A General Specialties $ 2,254 Triangle Fire 12 10D Signage $ 21,418 Baron 13 10G Awnings $ 25,000 No Equal Design 14 22A Plumbing $ 36,500 Scholz Plumbing 15 26A Electrical $ 176,883 Edd Helms 16 Allow for patch/repair @ Maint. Bldg due to electrical tie-ins $ 3,500 Allowance 17 31A Earthwork $ 15,328 Murphy Const. 18 31D Prestressed Concrete Piling $ 521,740 Murphy Const. 19 32B Pavers&Walks $ 28,790 TWC 20 Allow for repair/replacement of site sidewalks $ 7,500 Allowance 21 Allow for repair/replacement of exist.pavers and coral veneer $ 7,000 Allowance 22 32C Site Improvements&Furnishings $ 67,431 Best Combo •23 32D Landscape&Irrigation $ 17,682 Arazoza 24 JAllow for sea oat replacement $ 3,500 Allowance 25 Allow for landscape replacement lat Maint.Bldg.due to utility tie-ins $ 5,000 Allowance 26 Allow for new sodding as req'd $ 6,375 Allowance 27 33A Site Utilities $ 66,220 Best Combo 28 Allow for new 4"water meter&box $ 12,500 Allowance 29 36A Marine Work(Primary Pier Structure) $ 1,372,106 Murphy Const. Allow for adding'detail"to Allowance deleted 30 portions of pier concrete per 8/24 conference superstructure $ - call 31 SUBTOTAL IT 4,050,544 32 Sub Bonds or Subguard Total $ 54,720 33 Permits(Per Atkins 5/21 letter) $ 152,000 34 General Liability Insurance 1.500% $ 72,135 35 Performance Bond 1.000% $ 48,090 36 Tax Savings(Deleted per 6/19 e-mail) $ - 37 Contractor Contingency 5.000% $ 202,527 38 Construction Fee 5.000% $ 229,001 39 GMP Amount $ 4,809,017 GMP Alternates Add for after hours site security guard $ 50,000 Allowance Add for MMFX reinforcing steel in primary $ 163,248 Includes GC pier structure markups h 7''• ..:.T 'S' 1 , i I EXHIBIT II r z _ , j 1. _ u 1.- r _ ;.; '; . PROJECT SCHEDULE- t • } r �; r —_ . ' -4.. . _ -R-r, +i. __" J 1 : '. ' - . _, - - 1 _ f _ - - r. 1 4i -i _ _ - - -( - , it - — - s' t- ;e� _.y`'— . - _ - - . . - .. - - c �_ 1 . ,41 °t °. J:~ 1 y - _ - - ;.- . 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I I I . , - �-- - ,�. . : -� ,I .1 !� ,� � .. .. . - - i- ,... ,�.I-I .,-�.',.r,.-,..�, -. j�,..,.,,- _ ,�I - I...I ,:, .. - .�I - � ,, - . --.I.� . ..- -,,,.,�,,,",-,,.::.1�,- I�, . - . . - , :-'. I I . r: - . .1 - 1. -i� � t,. -.- -. .I - . -�.- �,-�T--", j-�-"�-:,-- . � . - . .. . ..?,,�� -L .-I,�, - .1.:'- ., . - .,I ..� , - I . - • 1.. 1� �-'..., . - _. ". - - - 4,,I.� ,-, - ~ i " . - I, �4 - �, .- I -- - I I - I I -I� - . I I � � EXHIBIT III - DECLARATION MIAMIBEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: The Weitz Company Name of Company Contact Person: Jim Wells Phone Number: (561) 687-4801 Fax Number: (561) 681-3301 E-mail: jim.wells @weitz.com Vendor Number (if known): Federal ID or Social Security Number: 42-1512625 Approximate Number of Employees in the U.S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes X No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race v/Yes— No El Sex VYes— No El Color v/Yes— No El Sexual orientation 3(Yes— No El Creed VYes— No El Gender identity (transgender status) VYes_ No ❑ Religion Yes— No ❑ Domestic partner status VYes— No ❑ National origin ✓_Yes No ❑ Marital status es No _ ✓Y ❑ Ancestry ees — No El Disability vYes — No El Age VYes— No El AIDS/HIV status VYes— No El Height (Yes— No ❑ Weight „ Yes— No B. Does your company agree to insert a similar nondiscrimination provision in any subcontr� you enter into for the performance of a substantial portion of the contract you have with the City'? Please note: you must answer this question even if you do not intend to enter into any subcontracts../Yes No CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT EXHIBIT III - DECLARATION Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? ✓Yes No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? ✓Yes No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Documentation of Employees With Domestic Benefit is Not this Benefit is with Spouses Partners Offered Submitted with this Form Health ® ® ❑ ❑ Dental ® ® ❑ ❑ Vision ® ® ❑ ❑ Retirement ® ® ❑ ❑ (Pension, 401(k), etc. Bereavement ® ® ❑ ❑ Family Leave ® ® ❑ ❑ Parental Leave ® ® ❑ ❑ Employee ® ® ❑ ❑ Assistance Program Relocation &Travel ® ® ❑ ❑ Company Discount, ® ® ❑ ❑ :acilities & Events Credit Union, ❑ ❑ ® ❑ Child Care ❑ ❑ ® ❑ Other: ❑ ❑ ® ❑ CITY OF MIAMI BEACH-SOUTH POIN T E PARK PIER PROJECT BUILD IN EXHIBIT III - DECLARATION GOOD COMPANY. Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? XYes_ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 18th day of January , in the year 2012 , at , (City) (State) iJ 4000 Hollywood Blvd., Suite 120N Si 9 n�ture Mailing Address Jim Wells Hollywood, FL 33021 Name of Signatory (please print) City, State, Zip Code Vice President Title CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT ,. _ . - f. -- _ - - 2? - ,:,.. �. _ �I - ., � - r- - -" . — - .I. { - -; EXHIBIT IV - _ f - . SWORN STATEMENT,SECTION'287.18 1(3)(A),FS=;ON..PUBLIG ENTITY�,CRIMES _ • a . . 7 .._ - s _.. .1. . • .. . :; _ r' - l •` - .. - - _ _ _j� ' f . I,_ _- .- 5 :1 - . ..j 'i S _ - J 1. ,1. - - C {I f, µ ` C _ 'r - - ; 1• - _ - - - - _ _ - .r-1. 4. . — f - . ,, F, t i+ F i'' 4 - �' .% - i r . ' " h I._ ! ! _ - - If i _ _ - I _ _ - - 1 7 1.:, ;, .� - 1 _; ., .11�M y I L _ f - I.-r _ -_,Y _2 ; ' _ fir, •� 11f._ - r; - . - r 'a, - 1 - I - .tiS 1 r :t , -r-, - r . . - _ 1r.,. . - \ _ i - - _ �`I 3 r I' - E! � !, t 1 - i '.t - .y . I, .1--, •r ', r i �' ', -. t . K '� a- -♦ ` ..I .y. ,,4.., •} ` *Yr Y, P , , - - .1' - r _ - �r^ I t , {, L r+Q,i - 4 ..� p^ 1 I' _ rr -1, rl- - -. - - - ',. II.. - . , - - .- _ - - . . I I %- - '. ,1 ' ,,i. _. - - - - e 1. . -� g j - , - BUILD IN . EXHIBIT IV - SWORN STATEMENT GOOD COMPANY. SWORN STATEMENT UNDER SECTION . 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED,TO.ADMINISTER OATHS. This sworn statement is submitted to The City of Miami Beach [print name of public entity] By Jim Wells, Vice President [print individual's name and title] For The Weitz Company [print name of entity submitting sworn statement] . Whose business address is -4000 Hollywood Blvd. Suite 120N,."Hollywood, FL 33021 And (if applicable) its.Federal Employer Identification Number (FEIN) is 42-1512625(If the Entity has no FEIN, include the,Social Security Number of the individual signing this sworn statement:-, ). I understand that a' "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for-goods or services to be provided to any public entity or an agency or political subdivision :of any other state or of the United States and involving antitrust, fraud_ , theft, bribery; collusion_, racketeering, ,conspiracy, or material misrepresentation. I understand that "convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989; as a result of a jury verdict,- nonjury trial, or entry of a plea of guilty or nolo,contendere. understand that. an" :"affiliate as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under. the control of any natural person who is active in the managementof the entity and who has been convicted of a public entity crime. The term '.'affiliate," .includes those officers, directors, executives, partners, -shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a- controlling interest -in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted CITY OF MIAMI BEACH-SOUTH-POINTE PARK PIER PROJECT EXHIBIT IV - SWORN STATEMENT of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORM TION CONTAINED IN THIS FORM. �7 [SignaL�ure] Sworn to and subscribed before me this 1811 day of January ,2012 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT r _, 1, t . - - _ }; _ - f-t' _ .. 1. _ __ , 4 . _ . _I <__ _ . . t, : _ { . . , 1._ E`XHIBIT=V . - - QUESTIONNAIRE , _ - . . - - � --- .� .. _ _ . I' - - I r 11.1 { ' - - - y' 'I - -. --(� r 4 1' . ,. _ - i - . .,a ?- - - - - - �. ` n. 1, - \ _ - _, - , . ,, _�_. - I- - - _ - 7 t c - "10. ,ll 'y` 11 _ y h 5- - - , r _ - _ _ _ _ 1 x - _ YI -A 1 4.. 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MIAMIBEACH EXHIBITV - QUESTIONNAIRE CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: The Weitz Company Principal Office Address: 4000 Hollywood Blvd. Suite 120N, Hollywood, FL 33021 Official Representative: Jim Wells Individual P (Circle One) Corporation If a Corporation: When Incorporated. 1929 In what State: Iowa If a Foreign Corporation: Date of Registration with Florida Secretary of State: N/A Name of Resident Agent: N/A Address of Resident Agent: N/A President's Name: Dennis Gallagher, President Vice-President's Name: Jon Tori, Sr. VP; Jim Wells, VP; Clayton Garrison, VP Treasurer's Name: N/A Members of Board of Directors: Glenn H. De Stiater, Leonard Martling, Dennis Gallagher, Michael Tousley, Scott Boxer, Jerry Chicoine, Sid Banwart, Kathryn Mikells If a Partnership: N/A - Date of organization: N/A General ortimited Partnership*: N/A CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT Name and Address of Each Partner: EXH I B IT V- QUESTIONNAIRE NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 156 years 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No ( X ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made failed to complete a contract during the past five 5 ears or p 9 p ( ) Y been declared to be in default in any contract in the last 5 years? If yes, please explain: No. 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( X ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( ) have not ( X ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten p ercent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: CITY OF MIAN/11 BEACH-SOUTH POINTE PARK PIER PROJECT A. List all pending lawsuits:- EXHIBIT V - QUESTIONNAIRE See page following this document. B. List all judgments from lawsuits in the last five (5) years: See page following this document. C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: None. 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) None. 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. None. CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT 9. Is the business entity a Miami-based Vendor? EXHIRITV - QUESTIONNAIRE Yes ( ) No (Xj If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate .that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 10. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No (X) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed contract, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name CITY OF MIAMI BEACH-SOUTH POINTE PARK PIER PROJECT . _ l .. _f. 1 'I,,ti A°-TEST - IF CORPORATION w . - The Weitz Co'r�impany r y�. �eCreta ry Print Name of Corporation , ,. - .4000 Ho)Iy ood.Blvd. Suite 12ON = ,:;- .. 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Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Professional Liability $ 00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid open" g. I The Weitz Company Bidder SI'gn ture of Bidder December 19,2011 RFQ No. 18-11/12 City of Miami Beach 25 of 44 CITY OF MIAMI BEACH—SOUTH POINTE PARK PIER PROJECT „G. i- ' • ' — �' ` i d . n4', -t - l '{ , {' - ,,-- - ,.1 ,. 1 }.- - - : _ _ .- 11 :_�i EXHIBIT VII. _ . . . ' -- ,,f AUE.�?►►GFtEEMEIVT -Gr , ,j - ul ' ` _' �'1. r 7, - _ - b - G - ay { i1F -11 7 - - _ L. r 'J._ - ` L. f - - 1 _ . y-. .. } 7'y _ r = F F -” - - .11 J 1 •J I -4 - . .�I t ;- i. I r 1: f f Spy -.. - - - ' - r: .. -. , -- - - - - { ] _ { -1 t ( - 1 -rte - -r J., ' - l y `; :` .,, t y 1 ; ,._, ,, , f L - - " - j..: L IJ r �- _ -.-.. 1-_G t-r 3 1. r- - - , . r , _.. _ �L. ' .._ - ' 4 _+ -x_. i� y_ 11,E - - ?a _ f. < •,( - •+y 1 l4 ~ -Al. . - _ -, - .. k J _ _ 1 n - ..-.- 1 s f , -,y._ f - - - _ _II ,1,.. - - [, -1 ' - _ - _ -__ s'.. F �. - _ - < i I' :_i t ': . M1 1, r ` - - f Ip -_ - ti ,1. I-,,LI�,:, 7 .'+ 7"-,,,.1 I. -1 — _I "" -i. ..G ,-r , 11 J, .4. _ ,_- 1 1tJ, _ - - i 12 , 1. ;. ....1 : _ r . y i AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE + SOUTH POINTE PARK PIER PROJECT Resolution No. 2011 -27628 MAY 2011 ATKINS NORTH AMERICA,INC TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 ARTICLE 2. BASIC SERVICES 6 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 17 j ARTICLE 6. REIMBURSABLE EXPENSES 18 I ARTICLE 7. COMPENSATION FOR SERVICES 19 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 25 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 27 SCHEDULES: i - SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION L SCHEDULE C HOURLY BILLING RATE l SCHEDULE D CONSTRUCTION COST BUDGET SCHEDULE E PROJECT SCHEDULE SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SCHEDULE G INSURANCE AND SWORN AFFIDAVITS SCHEDULE H BEST VALUE AMENDMENT ATKINS NORTH AMERICA,INC. ii MAY 2011 i i TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES FOR THE SOUTH POINTE PARK PIER PROJECT This Agreement made and entered into this 09th day of May, 2011, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter referred to as Consultant). I WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, A/E services, for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the aforestated I professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: i ATKINS NORTH AMERICA,INC. j MAY 2011 i i i i ARTICLE 1. DEFINITIONS 1.1 CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal -corporation having-its-principal-offices-at-1700-Convention--Center-Drive;-Miami Beach;-Florida i-331-39; - - 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). i 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the Request for Qualification 04- 10111 , entitled "Request for Qualification for Design, Bid, Award, and Construction Administration Services for the South Pointe Park Pier Project",together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. I 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction or control of Consultant. An sub-consultants retained by Consultant i u p Y for the Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any Sub-' consultant's. Any such contracts shall contain provisions that preserve and protect the rights of the i City under this Agreement. Nothing contained in this Agreement shall create any contractual i relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the -- --- -- - ---responsibility--of--the-Consultant.;-.and--shall--not.-be._caus.e_for__any.jncre.as_e_in- com.pensation_to the.__.__._ i Consultant for payment of the Basic Services. The quality of services and acceptability to the City of ATKINS NORTH AMERICA,INC. 2 MAY 2011 i the services performed by such sub-consultants shall be the sole responsibility of Consultant. j The following sub-consultants are hereby approved by the City Manager for the Project: Morgan & Eklund, Inc.; Kaderabek Company. 1.6 PROJECT COORDINATOR:The."Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City)all matters related to the Project during the design and construction of the Project(unless expressly provided otherwise in this Agreement or the Contract Documents). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT:The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in Schedule"A" hereto. 1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. i The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in Schedule "A" hereto. i 1 1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total i cost to the City of the Work (as established in the Contract Documents, as they may be amended from I time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%)of the construction cost for new construction, or twenty percent (20%) of the construction cost for - .__..--,--._..-.-rehabilitation-of historic-buildings-: I ATKINS NORTH AMERICA,INC. 3 MAY 2011 I i For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible bidder or proposer for such Work. 1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto. 1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by Consultant to the City, in a format approved by the Project Coordinator. For Work which bids or proposals have not been let, the Statement of Probable Construction Cost .� shall be the same as the Construction Cost. �I 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub- consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, Y P 9 the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract ATKINS NORTH AMERICA,INC. 4 MAY 2011 i 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the - ---.- ....... --- --- -- _._... --- - -- -------- ----— basis for which the City can receive bids for the Work Inc(utled "the documents).-..T-he-Contract - - Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary,,and other Conditions], Divisions 0-17, Construction Documents, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s)for a minor change in the Work. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and with Contractor for performance of the Work covered in the Contract Documents. "Construction Documents" shall mean the final plans, 1.15 CONSTRUCTION DOCUMENTS: technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to this Agreement, which show the locations, characters, dimensions and details of the Work to be done, and which are part of the Contract Documents. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. � Contract Amendments shall be approved by the City Commission if they exceed twenty-five thousand I dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as i amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. i 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which --!-..-.--..--.—.--- --have_-been_dul_y_.-authorized.,---.in writing, by__the City'Manager or his authorized designee, prior to commencement of same. i i MAY 2011 ATKINS NORTH AMERICA,INC. 5 I 1.18 WORK: "World' shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations proposed by the Contract Documents. 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, and permitting fees, etc. 1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates. 1 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services. Schedule B— Consultant Compensation. Schedule C— Consultant Hourly Billing Rate Schedule. Schedule D— Construction Cost Budget. Schedule E— Project Schedule. Schedule F— General Conditions of the Contract for Construction Schedule G— Insurance Requirements and Sworn Affidavits Schedule H— Best Value Amendment ARTICLE 2. BASIC SERVICES i 2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents and as set forth in Schedule"A" hereto. 2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be jMAY 2011 ATKINS NORTH AMERICA,INC. 6 I issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed shall also be issued by the Project Coordinator. - - - --- A separate--Notice-to-Proceed-shall-be--required-prior-to�-commencement--of--each Task-(as--same----- - are set forth in Schedule "A" hereto). 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that It is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants, including, without limitation, City provided consultants(if any). I 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the I Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services (including, without limitation, the .Design Documents contemplated in Schedule "A" hereto). 2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design, i bidding/award, construction administration, and Additional Services [as may be approved]), all as further described in Schedule "A" hereto; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the -=--. - -----. -----..-.-Contract.for.-Construction.-(attached_as-Schedule."-F".her-eto)— i ATKINS NORTH AMERICA,INC. 7 MAY 2011 2-5.1 Planning Services: Consultant ahoU provide planning services for the Project, as required by the Contract Documents and oa set forth in Task 1of Schedule"A" hereto (entitled "Planning 8on/oea^). 2.5.2 Design Services: Consultant shall prepare Design Documents for the Project, as required by the Contract � Documents and as set forth in Task 2 of Schedule 'A" hereto (entitled "Design Services") ' 2.5.3 Bidding And Award Services: Consultant shall provide bidding and award services for the Project, oanaqu|redbytheCon[nyct ' Documents and as set forth in Task 3 of Schedule "A" hereto (entitle "Bidding and Award � - Services"). � 2.5.4 Construction Administration Services: Consultant shall provide construction administration services for the Project, as required by the � ' Contract Documents and an set forth in Took 4 of Schedule "A" hereto "Construction \ Administration Services"). 2.5.5 Additional Services: If required (and so approved) by the City Consultant shall provide Additional Services, as set forth |n Task 5of Schedule"A" hereto. � 2.8 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued � | by the City shall not constitute nor be deemed a release of the responsibility and liability of the � Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of its/their deoigno, working dnavv|nga' plans, technical specifications, or � other technical documents, nor shall such approval and/or decisions be deemed to be an assumption | of such responsibility by the City for m defect, error or omission in doaignm, working drovvn0a` p|ono' technical specifications, or other technical documents; provided, however, that the Consultant shall be | entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant bzthis Agreement. 2.7 TIME: It is understood that time is of the gaaonoo in the completion of the Project and, in this | respect, the parties agree oofollows: � 2.7.1 ; The term of this Agreement shall commence upon execution by the parties � (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Ooto)` ATm|wawomTH AMERICA,INC. 8 MAY 2011 � � ! ^ and nhoU be in effect until all @anvioao are completed or until the work and/or services under the � Notices to Proceed in force at the end of the stated period of time have been completed and the .| Services accepted, whichever may be later. � ! 2.7.2 The Consultant mhoU perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Aonsament, and the orderly progress of ' the Work. .2.7.3 The 8amjooe shall be padbnned in a manner that shall conform with the approved Project 8ohedu|e, attached to as Schedule "E" hereto. The Consultant may submit naquoota for on ocUuobnant to the Project Schedule, if made naoonnory because of undue delays resulting from untimely naviavv token by the C|h/ (or other governmental authorities having jurisdiction over the project) to approve the Consultant's oubnmimoiona, or any other portion of the Garv|oea � requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall \nnnnediebs|y provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project � Schedule; and a revised anticipated schedule of completion. Upon receipt and review of ! Consultant's request (and such other documentation as the Project Coordinator may require), the \ ` | Project Coordinator may grant a reasonable extension of time for completion of the particular i work involved, and authorize that the appropriate adjustment be made to the Project Schedule. ! The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its right s to terminate / the Agreement, as provided o\aovvhane herein. 2.8 Consultant shall use its best efforts to maintain o conatruotive, professional, cooperative working � ! relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that � | | have been contracted, or otherwise rato|nad, to perform work on the Project. 2.8 The Consultant shall perform its duties under this Agreement in a connpotent, timely and ! professional rnonnor' and shall be responsible to the C|h/ for any failure in its perfomnonma, except to i the extent that oota or omissions by the City make such performance impossible. The Consultant is nanpono|b|a for the professional quality, technical 000unscy. oonnp|ateneaa. -'p6YfjFffiaI1ce'affd'tO0—rd1natiorrofaU-work'required-ondartha`4greennentfino|ud|ng{he-vvo;k'perferrned - -- ! by sub-consultants), within the specified time period and specified cost. The Consultant shall perform | *Tmwa NORTH mmsmo�INC. 9 MAY 2011 i the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's - - -- -- - requirements,a--set forth--in the Agreement:,-Th-e Consultant sh-ail--be-and-remain liable to-the City--for-- all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re-performance of any non-conforming construction services resulting from such deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12) months :following final acceptance of the Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of work by sub-consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub-consultant's work. 2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting deficient, defective construction services re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. i 2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for MAY 2011 ATKINS NORTH AMERICA,INC. 10 i review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any work performed by Consultant (including, without limitation, contractors, other design --professionals;-and�o�of lamer consuftanfs-refaine�-by the CityFthe-intenf of such---requirement Is--to- - - enable the Consultant to receive input. from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and' consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. i 2.11 [Intentionally Omitted] i I 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after.issuance of the I first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project I . Coordinator). I 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (which notice shall state the cause therefore), to promptly -;-- -- - - - - -----remove--and-replace-a-Project-Manager-,-or-any-other-personnel-employed-or otherwise retained,--------- by Consultant for the Project ( including, without limitation, any sub-consultants). ATKINS NORTH AMERICA,INC. 11 MAY 2011 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to - - --th-e-prop-er---performance-of-thee-Services;--or-the- disclosure--is--required--pursuant--to-Florida-Public - Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performing of the Services, Consultant determines that work should be performed to complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall { obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without obtaining the prior written consent of the Project i Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere notice b Consultant to the Project Coordinator shall not constitute authorization or approval b the Y J PP Y City to perform such work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. i i 2.17 The City's participation in the design and construction of the Project shall in no way be deemed I to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from P tY Y time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. I j ATKINS NORTH AMERICA,INC. 12 MAY 2011 r 2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriafe written agreements-betWe—en--the Consultant and-the sub=consultants;-which-shall--contain-- - provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub- consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. i ARTICLE 3. THE CITY'S RESPONSIBILITIES i 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not i authorized t� issue any verbal or written orders or instructions to Consultant that would have the affect � i (or be interpreted as having the effect of modifying or changing, in an wa the following: P 9 ) fY� 9 (� Y Y) 9: a) the Scope of Services; b) the time within which Consultant is obligated to commence and complete the Services; or c) the amount of compensation the City is obligated or committed to pay Consultant. i 3.2 The City shall make available to Consultant all information that the City has in its possession lpertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, -� - - - ----and/or--representation--as--to--the-accuracy-or-_.completeness_ of--such_-information.- The__Consultant_ understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems i ATKINS NORTH AMERICA,INC. i3 MAY 2011 necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where -_- -- "such examination can-be made without using des#ructive-measures(i:e:excavafion or demolition Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] 3.4 At any time, in his/her sole discretion,the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. i k 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned,withheld, or delayed; provided, however, that the City shall at all times have i the right to approve or reject any such requests for any reasonable basis. II 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, i the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. i ATKINS NORTH AMERICA,INC. 14 MAY 2011 i � � � 3.7.3 Upon written request from Consultant, the City Commission ahnU hear appeals from � administrative decisions of the City Manager or the Project Coordinator. In such oasoa. the � Commission's decision shall be final and binding upon all parties. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, onornended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to vvhorn administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be noodo. Except where otherwise axpnaoo|y noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary naviovv, opprova|, or comment upon the schedules, � plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements)andofanynub-monoultanto (andanyrep\aoernenta). 3.8.2 The City Manager shall deoido, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her d|ooro1|on. the City Manager may also consult with the City � Commission on such matters. 3.8.3 At the request ofConsultant, the City Manager shall be authohred, but not required, � to reallocate monies already budgeted toward payment ofthe Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the Qty Commission, which approval (if granted at ` � aU) shall bein its sole and reasonable discretion. � . 3.8'4 [Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum ! of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City ofMiami Beach Purchasing Drdinance, as amended); provided that no such amendments increase any of the budgets-established-by this/\gnaarnen�- ------- '---- ''--'—' - --' ArK|wamoRTH AMERICA,INC. 15 MAY 2011 3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers, duties, and responsibilities under this Agreement ---- - - . - - ---- ----or-the C-ontract-Documents.----- -- ---- - -- - --_ _ ------ ------- — ------- . _. --- 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "D", attached hereto. 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of the Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. --- --- ----------------------- - -------- i i 1 ATKINS NORTH AMERICA,INC. 16 MAY 2011 4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission may, at its sole option and discretion, elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget; or (5)work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within five percent (5%)of the Construction Cost Budget. i ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration ATKINS NORTH AMERICA,INC. 17 MAY 2011 proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. [Intention a fly GMitted]-__--_.__- 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City (i.e. I unused portions will not be paid to Consultant). I Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator(along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." i i i 6.2 Reimbursable Expenses may include, but not be limited to, the following: i . 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, I i specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub-consultants, and courier, postage and handling costs between the I Consultant and its sub-consultants). I I 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction --over the-Project-(i:e-.--City-permit fees-).---------- - - - ------ -- --- ----------- -- -- -- -- -- i ATKINS NORTH AMERICA,INC. 18 MAY 2011 ARTICLE 7. COMPENSATION FOR SERVICES - - --- ---. -------7:1-----.Consultant's-"Not to-. Exceed"fee_.for__pr-ovision_of--the--Services_shall_be_$330,.0.0.0,.with_-a___._-._- Reimbursable Expenses allowance of$ 39,000. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark- up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 1 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of jReimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive i approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule"C" hereto, to reflect the change in the Consumer Price Index (CPI)on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent (3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by City on the Ci payments to Contractor. p Y 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the _ respective hourly billing rate associated therewith. In the event sub-consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional i iATKINS NORTH AMERICA,INC. 19 MAY 2011 I Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s)or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past an f-invoices-that-- records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith i ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS i 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents-to the Project Co-ordinator within--thirty-(30)-days--of-completion of the Services-(or within - -- thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, MAY 2011 ATKINS NORTH AMERICA,INC. 20 F the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing i copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the-Cify -that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to j the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. I 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the-Services or any portion thereof,or-(3) does not perform-the Services or any portion- - thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the ATKINS NORTH AMERICA,INC. 21 MAY 2011 i I Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). the event fhis Agreement is terminated for cause-by-fhe Cir the City,-at s S016 -- - option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost' is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for -cause, upon thirty (30) days prior written notice to the-City,-in-the-event that the City-willfully violates ` any provisions of this Agreement or unreasonably delays payment of the Services or any portion i ATKINS NORTH AMERICA,INC. 22 MAY 2011 thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. i 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other ! subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project idocuments (for delivery to the Project Coordinator). 1 i ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required I insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been fumished to the Project Coordinator: ! (a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. i (b) Comprehensive General Liability Insurance, in the amount of one million dollars i ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. i ` 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. ATKINS NORTH AMERICA,INC. 23 MAY 2011 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless i the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. i I The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any Insurance protection required i by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and ' instrumentalities as herein provided. I 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for j any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals i (architects and/or engineers) under this Agreement). f ATKINS NORTH AMERICA,INC. 24 MAY 2011 ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes `---- — _--categorized-bythe City as caused-by an error,,—an omission,—or any combination thereof-in the Conrad— --- Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital Improvement Projects Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Director, the Consultant shall present any such objections, in writing, to the City Manager. The i Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. i ARTICLE 14. LIMITATION OF LIABILITY i I The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant I hereunder. I I i � Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees -- - - --under this Agreement, which amount shall be reduced- by any amount(s)-actually-paid by-the City-to - - Consultant hereunder. ATKINS NORTH AMERICA,INC. 25 MAY 2011 Nothing contained in this oubseotion, or elsovvhana in this Agreement, is in any way intended to be o waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City bv Consultant shall be addressed to: City Manager's Office City ofMiami Beach 17OO Convention Center Drive Miami Beach, Florida 33139 Attn: Jorge yW. Gonzalez, City Manager With a copy to: Capital Improvement Projects Office City ofMiami Beach 17OO Convention Center Drive i Miami Beach, Florida 33130 } Attn: Fernando Vazquez, PE, C|PDirector � All written notices given to the Consultant from the City shall be addressed to: | . Atkins North America, Inc 4O3O West Boy Scout Boulevard, Suite 700 | Tampa, FL. 33807 ' Attn: Ken Jones, Vice President Atkins North America, Inc i 323O West Commercial 8ou|ovard, Suite 100 ! Fort Lauderdale, Florida 33300-3400 Attn: VViUiomPitoh�r. PE, Vice Po�and Coastal EngineehngPractice ' . | All notices mailed to either party shall bo deemed hobasufficiently transmitted if sent bv certified mail, _—Ieturnrec�Ptrpg,u@ste,dL' ATxma NORTH AMERICA,INC. 26 MAY 2011 ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE:This Agreement shall be governed by, and construed in accordance with, the laws of theState of Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant i under a contract with the City, and may not transact business with the City in excess of the threshold i i amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and i pursue debarment of Consultant. 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained an Y i company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, i percentage, gift, or other consideration contingent upon or resulting from the award or making of this -- - - - Agreement:- For the breach or-violation of this subsection-;-City shall-have-the right to terminate the ! ATKINS NORTH AMERICA,INC. 27 MAY 2011 i i i Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover)the full amount of such fee, commission, percentage, gift, or consideration. 16.5.1 The Consultant shall,.during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. E 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized i by the City Manager, in writing. 16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the i whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, - - - -- time; and-name-of the-individual(s)that work-on-or view the-documents.-- -- - - ATKINS NORTH AMERICA,INC. 28 MAY 2011 i 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State i of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding an provision of this non-exclusive Agreement, the City � 9 YP 9 Y is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of i the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, -� - --- - wages, materials,-equipment, sub=consultants,-and--other purchased services,etc., as necessary to i complete said Services. I ATKINS NORTH AMERICA,INC. 29 MAY 2011 16.12 INTENT OF AGREEMENT: ^- ------ - - ---- -- 16:12:1---T-he-intent--of the Agreement-is-forth-e-Conisultant-to provide-design services,andfo - - include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. i t 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any I provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, j agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject i matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless I fmemorialized in written document approval and executed with the same formality and of equal dignity herewith. r i I I i ATKINS NORTH AMERICA,INC. 30 MAY 2011 r IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective ------ ---------witnesses-and-City Clerk-on-the-day-and-year--fir-st-her-einabove-written:----------------- ----- ------ - - --- Attest CITY OF MIAMI BEACH: r\ C I AYOR r , INCORP ORATED f 'q. 0' CONSULTANT: ATKI S NORTH AMERICA, INC Attest i i Signature/Secretary Authorized Slgna I Rene de los Rios David J. Carter Assistant Secretary Senior Vice President Print Name Print Name ��s•�C0;•a�P®R;�r:A�� IF SEAL z 1980 0 s • 7► • 'sue •'•••fZOMON.••' t i APPROVED AS TO FORM &LANGUAGE i &FnR EXECUTION City n Date i - I I � f ATKINS NORTH AMERICA,INC. 31 MAY 2011 EXHIBIT VIII GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 13 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00100 GENERAL CONDITIONS: 1. Project Manual: r 1.1. The Project Manual includes any general or special Contract conditions o sp ecifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 1.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 2. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 3.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: ( ) Bar Chart ( ) Modified CPM (*) CPM (X) Computerized CPM using the latest edition Primavera P3 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") THE WEITZ COMPANY Februa 2012 1 ry CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P3 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR assign a seasoned professional, in the use of Primavera P3, to develop and update the Primavera P3 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make- Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 3.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.1.3. A preliminary schedule of Shop Drawing submissions; and 3.1.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into THE WEITZ COMPANY 2 February 2012 component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work, which will be confirmed in writing by Contractor at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.5. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor , Consultant and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.O5(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. THE WEITZ COMPANY 3 February 2012 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 5.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for the Policy-Financial holder's bonds: Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if THE WEITZ COMPANY 4 February 2012 it the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 6.2 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 option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of Contractor , Contractor shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 7.1.1.1. Employers Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [X] 7.1.2.1.Premises and/or Operations. THE WEITZ COMPANY 5 February 2012 [X] 7.1.2.2.Independent Contractors. [X] 7.1.2.3.Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [X] 7.1.2.4.Explosion, Collapse and Underground Coverages. [X] 7.1.2.5.Broad Form Property Damage. [X] 7.1.2.6.Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X] 7.1.2.8.City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) [X] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by City. [ ] 7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, THE WEITZ COMPANY 6 February 2012 the maximum amount of flood insurance coverage available under the National Flood Program. [ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 7.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. 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. 7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. 7.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: THE WEITZ COMPANY 7 February 2012 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non-technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and Ci ty shall act in good faith to mitigate an y p otential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the THE WEITZ COMPANY g February 2012 i objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work: 13.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 13.1.2. Re-examination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress THE WEITZ COMPANY 9 February 2012 of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 14.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 14.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. City's Right to Terminate Contract: 15.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. 15.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the THE WEITZ COMPANY 10 February 2012 same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor(delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 17. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 18. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) THE WEITZ COMPANY 11 February 2012 hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 20. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 22. Contractor's Responsibility for Damages and Accidents: 22.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 23. Warranty: THE WEITZ COMPANY 12 February 2012 Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24. Supplementary Drawings: 24.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 24.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 26. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: THE WEITZ COMPANY 13 February 2012 27.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 27.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 27.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. [ ] 27.4. Contractor shall perform the Work with its own organization, amounting to not less than 75% percent of the Contract Price. 28. Separate Contracts: 28.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 28.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in lace and shall at once report to Consultant an discrepancy between the executed work P P Y P Y and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 29.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: THE WEITZ COMPANY 14 February 2012 29.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 29.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 29.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 29.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 30.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities. Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all 'underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. THE WEITZ COMPANY 15 February 2012 i 32.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 33. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or THE WEITZ COMPANY 16 February 2012 additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 38. Value of Change Order Work: THE WEITZ COMPANY 17 February 2012 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the THE WEITZ COMPANY 18 February 2012 same manner as Contractor'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 38.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by Contractor's fee. 38.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 38.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. THE WEITZ COMPANY 19 February 2012 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 38.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2.A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. THE WEITZ COMPANY 20 February 2012 38.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty(20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay, Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. THE WEITZ COMPANY 21 February 2012 Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be eight hundred dollars ($800) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: THE WEITZ COMPANY 22 February 2012 Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 44.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 44.6. Consultant shall review and approve Shop Drawings within fourteen (14) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. THE WEITZ COMPANY 23 February 2012 44.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 45.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 46. Safety and Protection: 46.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs In connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials orequipment to be incorporated therein whether in P storage on or off the Project site, and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. THE WEITZ COMPANY 24 February 2012 46.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. [ ] 47.Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 48. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 49. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up: City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. THE WEITZ COMPANY 25 February 2012 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by 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. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. THE WEITZ COMPANY 26 February 2012 EXHIBIT IX RISK ASSESSMENT PLAN The Construction Manager agrees to abide by the attached Risk Assessment Plan dated January 12, 2012, pursuant to the CM's proposal submitted in response to RFQ# 18-11/12. 14 SECTION : RISK ASSESSMENT PLAN (RAP) O i + (n a) ? a) O Q) U) C — U to c 0 L -0 U c 400 i Q N ) N +E ca a-a+ .o o ,O LL U)L 0 aa > U c Ca co a) } -0 (1) te c: c: 0 a) a) E ca co U cn � — L- o o Q a cc a) cu L c E p O O c E _ ca E � N C U U) ca a) a-+ _ ca cn .0 a) 0 � o �, m a � �) mC- ai a- o z L i n E 4- cn b o a) ° � a �- 0 0 a) U) y �_ p .O_ Q p p p '" cv L- L- U a= - O a) to Q 0- cn O O U cn p X � 0- oO > v c-0 -0 -0 -0 a c v_) ca a� cn o Q o x a) +- c o co ?� L c c a pOp � na) � c a) � a) �. ao � � � � � � ca �-' � coca O � L � � c� oo ca -o � c O Ca O -a U L O U ca Q) D c0 Q cn •— cn c Q +' U 0 E -0 E O ca Q +, N cn �- cn c .- -0 ca a) — +-� Q ° 0 0) c � oU �- a) � o � T (D E � ■� - c) cc - c0 ago c -0 ca +-� Q w 0 0 0 +� O ai ' L - � c cn o o -0 ca o .� Z _ 0 0 � +, c to + +, 0 — U cn C c ca L L U L p +� I— c U N -0 ++ c E U O 02! n u' a) ca � oU — o p (D 0- v ' ICU O Q� -0 +, � 'Q N c O v �� O O cn co p co co co {_' O ' ON-N O cn D D n n O Q Q.v- U O U W ^, ^^,, L � W Q > pp 1 W �. U c O Q 0 4.4 _ ca G1 C O 5 3 O O O O a3 V U > U) U C v C co) U > (D �+ v O ca = O U O v ca O C C O o Q! = R i = v (3) O N � R V r'� N L f+ _ •i R '� O O >, > E O co 3 O = v O O p '� W U U ca o 0 0 o O N U O L +, N E O +� +O+ N L (n > 4.8 O y O 0 .� U) C v c 0 0 Lu N O C N i 4. +., co co c 0O O > O }, a) C >0 O U a) `' '+� > C C 4- O 0 C > a� O >- E o E o cn � .� C � v ++- Q +, O aa)) � � -� c � � +� Ca) •- + � � co .Vc cn p, 0) c�v Q � — L Co CO CO +� a) C a) -O a c) L + C U Z C +' U a) CO O � O co O cu E C -c o) C M U (D F• >.Q Co a) 4- C — C N N N � O U +O-+ O N m Q C U co E cv U) Q a) U O C O cu E D ca O a) U v -p � Q 8 N O> U) - + O > + > Q c0 0 C -0 � a - - - _ . -A C � O a) :3 Q W s E O Q co C E L +- (D X-- a) a) 0 + a a) O C � CU C: .a= O ; a) N Co a) -0 � C -p O U E C cn a N co E X — E > co + Q-O O a) >> •Q a _0 O +� cn a Q NN co O W a. O - N Cl) LAJ O cc L E O O CL v O as +� O c�a 4J o � 42 EXHIBIT X PROPOSAL DOCUMENTS PURSUANT TO RFQ# 18-11/12 15 WEITZ s a VVI. z ;P � 1 n T t RFQ# 15-11 /12 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 . _ , _ , . � _ MR BUILD IN GOOD COMPANY. TABLE OF CONTENTS A. LETTER OF INTRODUCTION 3-4 B. TEAM'S EXPERIENCE 5-18 C. PROJECT MANAGER'S EXPERIENCE 19-20 D. PREVIOUS SIMILAR PROJECTS 21-32 E. QUALIFICATIONS OF PROJECTTEAM 33-40 F RISK-ASSESSMENT PLAN (RAP) 41-42 G. REFERENCES 43-48 H. PERFORMANCE EVALUATION REQUESTS 49-50 I. REQUIRED FORMS / DOCUMENTS 51-71 1. Insurance Checklist 2. Proposer Information 2. Acknowledgement of Addenda 3. Declaration 4. Public Entity Crimes Statement 5. Questionnaire 6. Declaration: Nondiscrimination 7. Claims Statement 8. Surety Letter 9. Insurance Certificate 1 r SE TION CD CD r# O : r of Introduction 0 0 w. M d _ Jell City of Miami Beach, South Pointe Park Pier Project z _ Y v � -.fir. r,.....> M..i;•.�, ---..� _ ... -. yy. v' r}' � 1 f SECTION A: LETTER OF INTRODUCTION <N>x January 18, 2012 Pamela J. Leja-Katsaris, CPPO, CPPB Senior Procurement Specialist, Miami Beach City Hall Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 REFERENCE: CM @ Risk project to Provide Pre-Construction and Construction Phase Services via a GMP for the South Pointe Park Pier Project for the City of Miami Beach, RFQ #18-11/12 Mrs. Leja, Thank you for the opportunity to present our qualifications.The Weitz Company is a 156 year old Construction Management (CM) Firm that has been building in WE/TZ South Florida since 1978.Almost immediately we began partnering with Murphy CM @RISK Construction when our clients had difficult marine work at hand. Established in PAST 5 YEARS 1925 Murphy Construction is a firm with proven experience in marine construction. IN FLORIDA For that reason,Weitz and Murphy have joined forces to offer the City of Miami Beach a team with un-equaled CM at Risk experience together with unmatched $595 pier construction experience. MILLION After your review of the similar projects section you will see that The Weitz 58 Company has successfully constructed some of the most challenging marine ` PROJECTS J structures possible. In doing this, we have gained experience that will allow us to hit the ground running from day one as CM for the City of Miami Beach's Pier project.You will also find that our teammate Murphy Construction has built the majority of Pier projects in South r. Florida.The Weitz-Murphy team has the experience required to deliver the maximum value afforded via the CM fy at Risk delivery model. We understand your Pier will be constructed utilizing grant money. OurTeam has recently constructed several projects that were funded via grants including FEMA Grants as well as other Federal Grants.We understand the requirements that come with these Grants including schedule deadlines, absolute budgets, wage rate constraints and reporting requirements. We have met these constraints for our clients and delivered very successful projects. Please refer to the Palm Beach County Judicial Center Hardening project as an example. Our team is made up of experienced professionals that understand the challenges this project presents. Jonathan Sharon is our proposed Project Manager. Jonathan has built several projects with similar challenges as the City's Pier project.These projects range from work at the Port of Miami to work inside the Nuclear Plant at Turkey Point. He is currently managing the pump station one and two replacement projects at Sunshine Water Control District. Built in the main drainage canal, this project presents many of the same risks the Pier project will encounter. 3 HONESTY AND INTEGRITY•RESPECT FOR PEOPLE•PERFORMANCE WITH ABSOLUTE RELIABILITY•LONG-TERM PERSPECTIVE•NURTURING PERSONAL GROWTH I BUILD IN GOOD COMPANY. We are excited about the opportunity to work for the City of Miami Beach and as such we have assembled a team with qualifications that are second to none.You have my personal commitment that we will deliver on your expectations. More importantly we will utilize our experience to exceed your expectations and deliver a top quality project for the City. Sincerely, THE WEITZ-MURPHY TEAM Jim Wells Vice President III i a way RN't, NOR �' { - dt� �v«�n�T-� � f SECTION B: t 's Experience CD m x C. 4-1 zw iw AV a w Urle. SECTION B:TEAM'S EXPERIENCE The City of Miami Beach adds marine construction expertise by selecting theWeitz-Murphy team,a builder with an established record constructing under the CM @ Risk Delivery Method. The Florida division of The Weitz Company was established in 1978 in West Palm Beach and has grown to become one of the largest and most reputable builders in the state. More specifically to the City of Miami Beach,we offer a wealth of experience from projects built under the CM @ Risk Delivery Method and invite you to explore these projects further in this section. In the past 5 years in the State of Florida alone, The Weitz Company has completed over $595 Million worth of work utilizing the CM @ Risk Delivery Method. This encompasses over 50 projects for clients that include: Palm Beach County Facilities and Development, Florida Power & Light, South Florida Water Management District, City of Miramar, City of Sunny Isles Beach, The School Board of Broward County, Kravis Center for the Performing Arts, Palm Beach Atlantic University, and The Scripps Research Institute, and Broward County just to name a few. The Murphy Construction Company was established in West Palm Beach in 1925. Since that time the company has maintained a solid reputation in the marine construction industry working on countless piers, bridges, and water control structures. Over the years,The Murphy Construction Company has performed work in both the public and private sectors throughout the State of Florida, including projects for the Florida Department of Transportation, Bellsouth, Florida Power & Light, South Florida Water Management District, the Port of Palm Beach, and numerous other county and municipal government agencies. Private work has been accomplished for developers ranging from Huizenga Holdings to Nationwide Realty on countless commercial marinas and private residences. With the many similarities between the two firms, the Weitz-Murphy partnership has been seamless. Having shared clients and similar project approach, the Weitz-Murphy team brings the perfect combination of CM at Risk management experience and marine work experience. SUBMARINE DRIVE-IN MAGNETIC SILENCING FACILITY BECKOPOINT IJ6 Peari Harbor, HI It 5 SECTION B:TEAM'S EXPERIENCE Facility Assessment & Area of Scope Definition and Validation FACILITY ASSESSMENT Our team has built and/or worked on many of the major piers in South Florida and we are very familiar with failure modes and the signs associated with that.This enables us to inspect the existing South Pointe Park Pier structure and determine its current condition.We then document each condition with a photo and a detailed description of the location, the current condition and a recommended fix and cost associated with that. In this project's case, we will also inspect the exiting environmental conditions, particularly that of the coral, and work with the design team and the local authorities having jurisdiction to determine the best and most efficient method of relocation. 000 Pf0x 0 oW SCOPE VALIDATION SkeUt11kles I 33A Using our vast project history we are able to write thorough scope worksheets (pictured at left) which will allow us to - compare all bidders on an even playing ... ..1 %A; . L .f L.. %A* .! .r- f.1 r M � a» %0 rpm M field. This will help eliminate any ,M.M ltu2�Ma 'y.aVw iQ."M r�!.K7P ,14Mi� 11,.Y'4l+bi 1M-iMMy M�lN7 potential change orders due to scope .� gaps, as well as, include unit prices for i. am=ciaW us cae �» ►� any future change orders directed by the team. Each bid will be fully scoped and go 9. 7-W— documented in an open book process " which will include all members of the * team including members from the City "° 'e0" "' of Miami Beach Staff. What this means to the City of Miami Beach is a thorough ie transparent process that will guarantee Do the most complete and competitive .� bidding process ensuring that the PM no no contractor presenting the best value is used. 4.AW.a. R A � A i0 WAWA �M WAD iwMIY*$M A Bonn Wei r s r44 Y" VP dkmkom wa Bid matrices with thorough scopes are developed to ensure the contract is awarded to the right subcontractor at the right price. '"n* We have found that this eliminates potential future change orders as scope is compared between subcontractors prior to contract = y� .w.....,....d........�. .»,,. ,..,,..� award. . ' �;� - _. -. .- ±,➢_-` .......� .. - _ � r .s.itiiL'�i6�sU'}Ik� _a .. a"i`S'x^.�"�t%. .4a u . _", Planning & Scheduling MEETING THE CITY OF Our Project Pre-Planning allows the City of Miami Beach MIAMI B EACH'S TI M ELI N E to maximize its use of grant monies by completing the project ON TIME. We know how important your schedule is in relation to the funding for your project. Our schedule is not something created and then put in a drawer like most contractors. We work closely with the subcontractors and create buy-in up front. This leads to the subcontractors actually pulling as opposed to us driving the schedule. 1.PLANNING 2.COMMUNICATING 3.DOING TIME IS OFTHE ESSENCE "GC" Schedule Weitz-Murphy uses Primavera Suretrak OWNER ARCHITECT g; 1�hat wcte4►ay software to create a master schedule. What mss_ tlninkir►o��. sets our scheduling apart is our innovative CONTRACTOR systems in place that create and manage a } more effective schedule. Weitz uses the LEAN CONTRACTOR SUB PROJECT Last Planner System and involves FOREMEN each team member (from the foreman level COMMUNICATING 1.PLANNING& ' and up) in planning sessions. Those who perform the work are engaged in planning the OWNER ARCHITECT phis L1�1,. work. Process Creates r "Our" Schedule IMPLEMENTING LEAN WITH LAST WEITZ , SUB FOREMEN PLANNER SYSTEM Prior to using LPS like most construction managers,we created the master schedule and The diagram above compares the typical planning and schedule managed the milestones. Now, your project approach to Weitz' method of planning and scheduling. By including team facilitates scheduling with subcontractors the subcontractor foremen in the planning, we eliminate time, build and effectively creates schedule buy-in, setting accountability and create buy-in. ourselves apart from the competition. The schedule is now owned by the subcontractors, resulting in"knowing versus guessing" Involving the subcontractors eliminates "excess" and creates a fluid hand-off of work between the subcontractors. This is especially important in marine work as work needs to progress seamlessly from one activity to the next. Also, in dealing with fragile live ecosystems, such as during coral relocation, work must be planned ahead and completed quickly and efficiently. Once all the planners are pulled into the process, the questions begin: • What do you need to start and finish your work? • Who do we need for this work? • What equipment do we need? • How are we going to complete it safely? • How much time does it take? • What have we learned in the past that applies to this project? After many questions, a realistic construction plan is created with everyone's input.This planning approach creates buy- in and increases accountability. The schedule is now owned by all team members—not just Weitz-Murphy—allowing for timely resolution of issues and minimizing unforeseen events. 8 =<N> SECTION B:TEAM'S EXPERIENCE 6-WEEK LOOK AHEAD PLAN LEAN APPROACH LOOKS SIX WEEKS ta■oeaE OaRAVINV MS - AHEAD & EVALUATES WEEKLY PLANNING ,14■t■■11■e Proaa. Looking two weeks ahead is common practice RFOtOO Advertisement lbBidders 0 15JUL09 Advertisement to Bidders to schedule field work, but does not necessarily RF Prepare RFC 17 15JULOE UGOf Prepare RFO Shorlisfing overcome unforeseen issues in construction. RF 40C DCP Transrtiltec 28A000f A 1 DCP Traramilted Bids By looking ahead six weeks at minimum our ------ ---- ------- RFOBOO Recommendation of Award 11 30SEP09 140CT09 Recommendation of Award r RFO700 School Board Approval of Recommendation 9 15OCT09 27OCT09 M School Board Approval of Recommendation oas4rrdwpatlsaraD.acaaplatc team uncovers potential problems earlier, giving the team necessary time to resolve the S, Scharrortic Desior PO SchematicDeeign problem with the right people-the planners of S -1' and Val Aral 10 09S PO1 S P01 Constructability and Value Analysis MS EPOS. POE 0 Budget Update the work. 1 Desim Develomm P01 TOE BBB Design Development D Coru—tuctibility and Value Analyt 101 070QTO--�20OCT Bill Constructability and Value Analysis OD" SOlor-12-i- 21 QCTOS SDIRC view The schedule then narrows down to daily U OCTOE TOF Budget Update n1tract ffe activities. With the Lean Approach, Daily C bi' ■ Value I 5 11NOVM 124NOM I IN Consbuctobility and Value Analysis Stand-up Meetings are held with each Perm" Dr Sitework and Foundations Permit zo z5No-- Ot DEC09 ■Issuance of Sitswork and Foundations Permit subcontractor and their Weekly Work Plans nee in r— Design Response to Commends IPsrmitSubmith 21.1AN1C I 11B Fins a Submittal facilitate an inclusive, problem-solving approach Awrd.. to subcontractor coordination. The entire team —AdvertimibrS,hoontract discusses each day's accomplishments and ID20C Hold Local WiprIk0npstDSbnjujatq In1en 1C 2SOCTOE 1 NOVC1 111111111 Hold Local VVorkshops b S' nterest P . �SuboorMactorBiddingPe touches on what's coming next. The Weekly Review Subs Bids d I ubs Work Plan is also used to improve the schedule and improve subcontractor planning. WEEKLY WORK PLAN ® BUILD Inn ONTRACTOR: P" — WEEKLY WORK PLAN GEN CONTRACTOR:THE WEITZ CO. 5: WEfTi USEONLY PROJE E:S,mpl,Project ABC WEER START DATE: ACIRky ACTIVfTY DESCRIPTION AREA MON TUE WED THU FRI SAT NUM C.,fwA..V--1 Rai— wa,,,.reer-ueKq �� YE a.%-D.emd-Swk-ftmsew -RIONSae-.nrb um Nj i '�O'10 /'YGr 6�.VT/�6s �jVTQ 'IL .Fy2O ur_cH — t� f�- 4L 47-014 rA j, ,. 3�0 �rT �,vT ix ragas /0 9 r « t I _ � t INN" Public Engagement PUBLIC ENGAGEMENT Over our project history we have found many ways to involve the community in our construction projects. The Weitz Company understands the sensitivity of public tax dollars at work and wants to ensure that all of our projects instill a sense of pride and success in the community. We invite the community to be involved in many facets of the project including: Volunteering — Community members volunteered to assemble park equipment as we managed and participated at Wellington Municipal Complex as well as creating a butterfly garden at the West Palm Beach Golf Course. Community news letters and information boards —These will - - provide up to-date information on the status, schedule and projected completion of the project Community Job Creation — Many times we are able to hire local individuals to fill the needs of our staff on our local projects, therefore returning their tax dollars back to them. Town Hall Meetings and Site Walks- Many community members will be curious about what is going on behind those gates and we are able to give them a safe guided tour of the site at a designated time and date. All of these methods of public engagement help promote a sense of accomplishment and satisfaction with the project. 10 1 ® w - SECTION B:TEAM'S EXPERIENCE Cost Estimating ATEAM APPROACH TO The Weitz-Murphy team's active input with the design GMP DEVELOPMENT team will ensure the best-scenario GMP for the City of Miami Beach. You receive collaborative,continuous planning throughout submittals and into construction ensuring there are no change orders or delays. Our approach is a steady back-and-forth collaboration, to assist in keeping the project on track and giving you time to make informed decisions throughout the project. During the submittal phase, our evaluation of building systems, construction techniques and materials aids designers and saves you money. TYPICAL APPROACH LEVERAGING OUR COST HISTORY SCHEMATIC DESIGN CONSTRUCTION To maintain your budget, our team challenges our subcontractors DEVELOPMENT DOCUMENTS throughout the project by continually looking for cost-saving opportunities. BUDGET �, ., ,, Using our extensive cost history, as well as our current knowledge of the various markets and emerging technologies, we act as your advocate ensuring no change orders. Estimate Estimate Estimate BUDGETING AND VALUE ANALYSIS Detailed budgets and interval updates will be completed with variances being easily tracked. At each budget milestone we will develop and update INTEGRATED APPROACH subcontractor scopes through the different design document phases. Our SCHEMATIC DESIGN CONSTRUCTION detailed variance budget tracking system allows you to see all the costs DEVELOPMENT DOCUMENTS for each trade and allows you to make the best design decisions as your project moves toward final construction documents. BUDGET VIRTUAL DESIGN & CONSTRUCTION (VDC) can assist with the planning and the construction of your project. Weitz has implemented this powerful technology in an effort to eliminate constructability issues throughout the design, fabrication and construction processes on many of our challenging projects. Several benefits include: • Phasing Plan. VDC can assist in creating a phasing plan and resolving schedule issues long before construction begins. A detailed site logistics plan also serves as a communication tool for safety and quality control measures. We know that marine work involves detailed logistics and coordination between the construction of the new structure and the surrounding environment—VDC allows , us to build the project on-screen first, work out the design / constructability issues, and then move forward in the field. • Constructability Reviews. We know how important it is to be involved as early on in the design process as possible, and we are excited that you share the same view. The Weitz-Murphy team is proficient in drawing review and has enough marine experience to carry forward onto the South Pointe Park Pier Project. • QuantityTracking/Estimating. The design, if completed in virtual construction, also tracks quantities of each material used on the project; therefore, a cross check can be made between the prime contractor's quantities and the designer's quantities at each stage of the design. 11 Cost Estimating & Cost Control _ COST ESTIMATING Analogous Preliminary Estimates: Our Estimating Department is proficient at preparing initial estimates from preliminary concept sketches. We will compare the specifics of your project with those of similar past projects. These comparisons will be made at various stages of design, most commonly at the schematic, design/development, and construction document phases. The information gathered will be organized and presented to the Project Team in a "Closure Document" that will contain all of the details relevant to the project's construction materials, methods, cost, and schedule for that milestone in the design phase. We, also, use the "Closure Document" as a communication tool for the benefit of the Project Team. The key to effective design review by the Construction Manager is to identify and eliminate conditions that may lead to future change-order claims. Scope of Work Checklists: Each "Closure Document" begins with a Scope of Work Checklist. This list contains all of the work and materials that would be needed if the facility were built at A ms s;N"18"0,50%..166 Hach ... c 1,bOR In6, ¢ tb 420000 _ a Slab-Other ' -x/3500 SF `86 --,3 575---_- _--.. that point in time...from sidewalks and curbs to windowsills and g10.:Tountlatlans Total 81,238.° SF 19.66 1,613299 - ,A95 Other..... -._.__- /.. SorveynlO and T"ing(slaag). - 1--8,:2380 :F - -� light fixtures. This list is what the remainder of the "Closure 485-Other Total 81,238.0 GSF 0.60 60.619 Substructure Total 865,024.0 GSF 1.01 1,653,818 B-Shell Document" is based on. It ensures that all the Project Team 610-Su structure C4ene Service 8 iloieti 12.0 mnth 30.000M 360,000 Wq° _ - 18-°°-. ,13,.5P- members are working with the same consistent information. - -- MiacStructurel 865,0210 cgfl 07U 605517 E pJanls,5yn panel mnnectxns_-. Con-ft H lk Ramps a Mile 57,670.0 s°it -40.00' 2 3oe.e0o 810-Superstructure Total 790,000.0 SF 20.84 16,186,317 B20-Exterior Enclowre Walls Mac E ml Roortc ind Stucco 15000.0 15.00 210 000 -' �t�Re _�°° 1=°° �° -- Digitized Take-offs: Our staff will begin each budget with a Ed farads area us. 3.50 861 500 Facade Fewum Hear 15.00 619000 Ahmi-m Stor&oal el ROW 05.00 digitized take-off utilizing a Windows based digitized software MNN Gras-D.-live 40.00 2 000E 50%exterior Exwdor Dogs 1 .00 57000 COMM oreelRetW z .00 ,2000 called "WinEst Pro Plus" We will also utilize quantity surveys cob Wall CAM 5006.00 16000 620•Ex,Mar E0i""Tatd 1»,000.0 BF 2343 4A27aoo of historical data and select Subcontractor input to complete the 830•Room, 1middion S Shell MW 2000.0 40.00 80000 VeHCVIr Deck -T Deck 60000.0 325 2B00o0 V.m 5-1--�-bD.� 17UWO.° ,.56 ,,.=�6 early stages of a budget estimate. at Deck err RAM 11,111M.01 430 19500 630-Roofkq ToW SF 1,511,600 Ba-011w S WT kern 790000.0 0.00 63 665.021.6 SF 15.°°° - Parameter/Budget Estimates: To provide accurate estimate s.6le s.r.tose M4.0 .6n e.n 2,6,=56 � ' 1196-Other Total 865,024.0 GSF 0.39 339,166 O kterlw: Shell Tour 865,024.0 OW 211.33 22,776,173 pricing and summarization, we will separate our estimates by 016_kMHlar CaReetrelbtl °� -0 .o �.2S 2»6.5 area of use and building section...structure, enclosure, interior Cable Rah. ,6000.0 Mn 21.00 192000 on 6 �° n5,02L° °'° 2� ' finishes, mechanical systems, electrical, etc. 1:10-Irrss,ler COnhoctlon Tehl M6,0?4.0 GSF ,.,. ,.006.606 c2o•Stair. 9Wrca.b,wlba 300.6 kit „50.00 315000 31ek R.b , 65.°0 04 O2D-3011115 TOM 300.0 VF ,,131.67 129,600 1W iMeres,ln*ms Comparison Reports: Once the initial detailed budget is w.9 Fin' InteriorF.a 666624.6 GSF 02 7730DS C30-IMerbr Flnlshes TOtel M,024.0 GSF 030 173,005 prepared, and after each budget update, we will compare the Digitized take-offs enable detailed bottom-up system component costs of the project to the actual cost of similar estimates to reduce cost, projects. These system costs are time and location adjusted to allow for a more accurate and meaningful comparison. Cost Models: We will plot the information gathered in the Comparison Report and produce a computer generated Cost Model. The Model will quickly help to identify any potential problem areas as they relate to cost. For example, if the price per square foot of the interior finishes in your facility is significantly higher than that of a similar project, this graph will identify this condition. The Team can then discuss the reasons for the difference in cost, and if required, take the proper steps to reduce those costs. 12 SECTION B:TEAM'S EXPERIENCE aUNLO IN Vari Report Estimate Summary Variance Reports: To ensure that your 0000 COMPANY. ance project remains within your budget as design ►mast Naar: City of Sunrise Safety Complex Omas Ar IGM: wsfw SAMPLE progresses and becomes more detailed, we Jet Kanter F109900 Oa4n.a.Shha: 50%Construction Documents will generate a Variance Report to illustrate the tytlnras Daft: 1-Nor-08 variances in each division of work. This Report ° will note any changes made from the initial Bid TiCl* Trade De-Ow Cumin Esti—is Prviou. VrYs.fian M.nar Saps Estini. a OasalWea e1 Cosh Par Subcorlbacw EarrMa last S:darl. h .W-ft Variance 01A CbrM ec /OSCOrt— $ 77 77 $ 000 ABC estimate and give a brief explanation as to why Ole T ' S 54 f 54 $ 000 015 01C 0-10-0— f 54 f 54 S 0.00 011, the cost increased or decreased. MA OenoOSm $ at s 81 S 0.00 ABC 025 AbeMmm f I's -3 108 S 000 075 03A CD—ft 9*1 P-Mg. 135 f 135 s 0.00 ABC 1103A1 Fem—k f 200 f 780 $ 0.00 0341 03A2 R.Womeinerd S 795 s M f 000 03A2 Develop Trade Contractor Interest: We 03A3 Pcet T.rrbn f 300 S 300 S 0.00 03A3 10 03A4 Pum/Plan/FneS f 305 S 305 $ 0.00 0344 1, 03AS CArlp.h M.hNl f 310 s 310 $ 0.0003A5 will prepare prequalification criteria or 12 036 Strew P—W Comae. s 787 $ 797 s 0.00 13 = lhasn1P—tC—aft $ 324 $ 374 3 0.00035 Subcontractors and Suppliers to establish bid 14 030 Tift-Up CanMft Prre s 351 1 3 351 s 0.00 03i 15 03e uee3 f 378 f 378 $ 000 9 03 lo 405 s 0.00 03k lists. A focused effort will be made to solicit an OM Imasonry 437 S 432 S 0.00 ABC 18 041 JCd SOn. S 459 s 459 f 000 045 use Indian River County subcontractors in order 19 05A SSucturd Shd S 486 S 498 S 0.00 ABC 0501 Mehl T—a Frami S 513 S 513 S 0.00 055 1 06C Me.M. 3 540 s 549 s 0.01 01. to keep as much work local as possible. a will hl. s 598 $. 5 f 0.01 ABC f 596 S 595% f 0.01 085 distribute and receive bids and compile the most Oil Dlulam 9trueluras 4 OSC MAw6 Tru.asa 3 872 S 822 S 001 06, �� 2 76 M $ � qualified prices and schedules. Using an "Open 7 010 Manufa rwl Catrrh $ 703 S 703 f 0.01 OBr PeaBC F.lr-b—&C— 3 730 s 730 s Book" approach, we will present, analyze, and 07A InWhlun 3 757 S 757 S 001 LQC make recommendations to the Owner prior to Variance reports,like the one pictured above, keeps the project budget procuring the work. intact throughout constructability reviews and final design revisions. Pre-award of key Subcontractors: We will identify key Subcontractors to be pre-awarded, and determine the minimum amount of documentation needed to initiate pricing of critical long-lead items. We will then solicit, receive,and analyze bids from vendors, and work together with the Project Team to award these key trades. The purpose of the pre-award phase is to ensure on-time delivery for field installation. VALUE ENGINEERING Throughout the duration of the budgeting phase, we will continually offer value added suggestions that could potentially reduce the cost and schedule durations without jeopardizing the facility's unique design features. This Value Analysis Report will be prepared and presented according to the area of use. This procedure will give the Owner and Project Team an opportunity to make informed cost versus benefit decisions. We will then revise the estimate and schedule to reflect any changes chosen at that time. CHANGE ORDER NEGOTIATION Requests for Information and Change Orders: Our goal is to always try to eliminate change orders by getting involved early in the project and work through the design process. There are, however,times when changes do occur. Prolog Project Manager allows us to develop and track any changes that may occur. Our staff will scrutinize all information to ensure no unnecessary changes are passed on to the Owner. We will recommend necessary or essential changes, review requests for changes, submit recommendations to the Owner and Architect, and monitor the revisions. TRANSPARENT PROCESS Throughout the construction of the new pier and improvements, your project team will maintain an open-book cost control/accounting process. We pride ourselves in taking a personal approach to handling your funds, and it is with this understanding that we provide a transparent accounting process. From our extensive history of performing on public / governmental projects, we know that auditing is part of the process, and our open-book approach ensures a smooth audit for the project and team. ..a :.>: �� ,`d''.i� .��. n,'%-.'"' 1 t�v :�a„ v� �' ' .� � ::• _ ^n tr »'�r,,l�-,�'.,s 1 P*r ,*fi, �'�"'�;:.;k.:;. ....'�'' .. '3:i:�s'.`t"-�tF� s*�:,#.,tip�'.la.�� tr,.� e#'as^l.r :' »s �- ... `� ._.r�.- � 7.. .^ _. ... , ,. ,t.s<�F:� �.^wti'4�Ss.��.A..,•�T-�te�u-a..5: . t� u wtie�1"r Quality Control & Safety QUALITY CONTROL& QUALITY ASSURANCE PLAN Design Phase: Scope of Work Checklists will be prepared at each phase of design. This list contains all of the work .li d►ti► 11Rt� and materials that would be needed if the facility were built �. Fa% G�ae� at that point in time...from sidewalks to light fixtures. This om- �••• "•°••°••~�� list is what the remainder of our earlier described "Closure loon&FramesCheddW Document" is based on. It ensures that all the Project .DIM or Task CYeel"d D"- �,d DMr!Fnae Cede Team members are working with the same consistent He,e1I NNIF information. .4 sarrdvd seed 2 ss,ace 2 Vauy Construction Phase: We will assure that mock-ups, lab + n. �. �• testing, and checklists are completed prior to ordering and 2 °` ;•+rT�. .� �. .. . m�� installing materials. We will facilitate a punch-list for each °�" vor" -' +-►� Verily. .Swean 1aq aaI w•+�+N fra trade immediately following the installation of work at each n. ; t�.,wa�.,�wta...,13.. nk phase of the project. We are committed to seeing the ;►�► � "w - d• 4m"to *11MM.n jdifrOrA�r .n'II �/�Ik iii 10 alan Ghawi pir!al 1"!i"1sY it ridd project through. gall 100,am ..0 i. ....� ut i Y„(t d•+•►tiYR oM b►��n*1 i V_* 'a.rwr..wwkv Our Quality Assurance and Quality Control procedures 2 estop - Md kubw crrw.�r�d.r.a. are an industry leading system. Quality Control Field o-Eft'"40A"MAW VWA Workbooks (pictured at right)are started during the design `°`"""'"" 1.2 000eemll�ed �r"dAI Mdw.�P 'A1 hq+r./111 `M�r1 •• •• phase of your project and seamlessly guide the Team and , Subcontractors from pre-planning and mock-ups through 2 At z > c« F%� e�lw.a•�. 2 r,etael• 's�e..e++i*,�NIdlbtereiwr F the installation of the work, ensuring consistent quality . .�• throughout the project. In addition to the workbook,Weitz I Murphy's in-house QC team provides an extra set of eyes on your project to ensure that quality is "built-in" to the vaA raft aNVOI 4%Pa completion of work. The City of Miami Beach will know ` l'V, d"Vwbisw a" that the pier and surrounding improvements will be of the highest level of quality and perform as expected, including high quality marine and hardscape work. Quality Control Field Manuals ensure quality is"built-in" HARDSCAPE WORK& ENTRANCE FEATURES We know your project is more than just pier work, and we have the hardscape and entrance feature experience to give the South Pointe Pier Park the beautiful upgrades you have planned, at the highest quality level. Pictured at right are the entrance feature ° and hardscape work at the Watergarden and Metropolitan condominium projects, and we are excited to bring this experience and quality to your project. SECTION B:TEAM'S EXPERIENCE SAFETY FIRST The City of Miami Beach will enjoy a safe project that sets a precedent for safety in the local community. SAFETY PROGRAM Our team takes safety seriously and treats it as our +•• , ! { number one priority. It is not just the objective on the job site, but the common goal shared by everyone who works here. In 1996, we instituted ZIP, or "Zero Injury j I Process" to eliminate injuries and down time, as well as _ increase productivity. As a result of ZIP, our lost time i i�a +y ��►n«+s incidents are half the national average. By raising awareness among our employees and carefully . • ,....�... . , ._.w ,.. ,.. . managing our safety program, we have been able to I � I reduce our workers compensation costs from $1 million Th■ UOwn a year to less than $75,000 a year. For our Clients, i I this means lower overhead costs in terms of insurance , I `premiums and improved efficiency during construction. - - I In 2004, Weitz was one of the few builders to adopt i P � OSHA's CHASE program for safety prevention. Our firms are leaders in construction safety and our Experience Modification Rating (0.65) is consistently marked well '°°' 'o°° 200' A" We 2010 below the national average of 1.0 for accident occurrence rates per man-hours worked. What this means to you Experience Modifier Rate(EMR) is a safe environment in which the workers and the public are kept out of harms way. With extensive marine and pier construction experience, the Weitz-Murphy team understands the challenges of water-side work and is equipped to plan and execute the work while maintaining the safety of the park patrons as well as the marine life around the pier. WORKING ON ACTIVE PROJECT SITES The photo to the left is from our 45th Street Bridge over the Florida Turnpike project, where our team was tasked with replacing the bridge's beams, all while keeping the very busy highway functioning. Consequently, this - l' work required a very detailed site-specific safety plan to determine safe traffic phasing, road closures, and night work to ensure the safety of the local community and traffic. Building Code & Design Review OPTIONS ANALYSIS Consultation: Our first priority, through cooperative effort, is to assist with the establishment of common goals and milestones in order to arrive at mutually agreed upon requirements and expectations. During this initial consultation, and throughout the entire preconstruction and construction process, we will listen to your needs and recommend construction approach and requirements for various aspects of the project. Systems & Market Analysis: Prior to putting a pencil to the paper, we will identify and discuss options and alternates in conjunction with specific project requirements. We will assist with the evaluation of material and equipment life cycles, and submit recommendations for Team approval. We will also review the market trends to identify potential issues that may affect the cost and schedule.__ Our evaluations will speak to the benefits of the speed of = erection and early completion of the project. DESIGN REVIEW We work closely with your staff to Review of Plans and Specifications: As design progresses, we will work cost-effectively meet your needs, with the designers in their preparation of schematic, design development, and construction documents. By doing this, we will ensure the design is completed in such a way that it maximizes quality, minimizes cost, and optimizes the construction duration. As design progresses, we will review, in detail, the drawings and specifications for construction sequencing, detail feasibility, and schedule/cost effectiveness. Scope of work checklists will be prepared to monitor the process in a checks and balances format. CONSTRUCTABILITY ANALYSIS +: r FJ k Contract Document Coordination: We will provide , recommendations on the division and scope of work for �l purposes of awarding trade contracts. We will consider " such items as factors of labor availability, overlapping trades, time of performance, and temporary facilities. At the same time, we will review contract documents to eliminate areas of conflict or overlap in the work performed. Requirements of Regulatory Agencies: We will assist the Owner in working with various governing agencies as required during the project. If necessary,we will also assist with the selection of various consultants to be used during design development or actual construction. .x LIFE CYCLE COST ANALYSIS Concurrent with the value analysis process will be the study of applicable life cycle costs. In this review, the long- term effects of maintenance, power consumption, and replacement costs are considered allowing the Owner to Our extensive marine experience supplements the design make informed decisions regarding capital expenditures. development and improves constmctability. MM 16-W15,DNA' nxm SECTION B:TEAM'S EXPERIENCE Preconstruction, Construction, and Closeout / Warranty Services TEAM ORGANIZATION In order to maintain consistent communications, distribution of information and effective coordination of activities, your assigned Project Manager will ensure clear communication, especially during the construction stage. Your team members will focus on construction scheduling, quality control, cost control, change order negotiation, claims management, project closeout, transition planning, safety and security and site logistics. Aiding these communications are the latest in information systems technologies, which will provide the City of Miami Beach with up-to-the-minute, accurate status reports of the project at any time. PROLOG MANAGER Prolog is a project management and communication tool that provides project data that syncs with other Weitz accounting, electronic filing and reporting software. As data is entered at the job site level, team members collaborate with real- time data for cost control, project engineering, and site related issues. Your Weitz team will utilize Prolog to provide the following monthly project reports: RFI & submittal logs, change order logs, meeting minutes, drawings & document package logs, and Superintendent's daily reports.With Prolog WebFocus, all key project stakeholders are able to login and view project,documents as they are updated in the software, so the entire team is involved and has access to real-time project information. JD EDWARDS This program, in conjunction with Stellant electronic invoicing, is the accounting software that constantly syncs with data input through our project management software, Prolog Manager. This networked tracking software can generate instant up-to-the-minute snapshots of project cost. Monthly Executive Meetings: Held at the Owner's office between the Owner's Representative, project manager and senior management, this meeting's purpose is to track project success and discuss obstacles, so that everyone remains informed throughout the duration of the project.Also discussed is the financial status of the project. PROJECT CLOSE-OUT+ WARRANTY Punch-list: When each portion of the work is considered substantially complete, we will ask for a final punch-list from the Owner and Architect. This final list should be limited as we will continually provide Quality checks after each installation. We will prepare and distribute this final list of work items to the Subcontractors and Suppliers for correction. A full-time Superintendent will remain on site until the Owner and Architect accept the project as complete. Project Closeout: The Weitz-Murphy team understands the importance of "Au a thorough close-out process. Close-out prepares you and your staff for the mac^'°`° months ahead in learning about your new facility, and we are committed to being there every step of the way. The Weitz-Murphy team utilizes e-PCS—a web-based filing cabinet where documents are stored throughout the project,allowing for east access from any computer at anytime. One of the primary benefits of this proprietary system is realized at the closeout phase, when all of the project files including warranties and operation/maintenance manuals are converted to a navigable disc for you . t and your staff to access at your fingertips. Even though we will still provide e-PCS you with hard-copy manuals and any other documentation you require, we *"u►avmb-haaad know that many of our government clients are transitioning towards paperless filing Cabinet Tpa+n klofnhorr. AwufvvRueoti:r,r operations and are refreshed to have access to a system such as e-PCS. WeVotus Turnover & Training: When the project is complete, we will assemble all TArrfnM t"laws guarantees, warranties, and as-built drawings from the trade contractors. Final Hoomwe261wklalef"toriv turnover will include specific training for the City's maintenance staff in the care and maintenance of the new facilities. General Contractor's ACf 5 009968 STATE OF FLORIDA DEPARTMENT OF BtFSI SAAND PROFESSIONAL RRr3ULATION CtaNSTRUCTIO I USTRY LICENSING BOARD $ELlgp6aaQ778 Lit ttt � -- .-� 106/-22-/2010 1098178673 ICGCJLS09 8 ' The GENERAL CONTRACTQR •:, . Nataed b616W 2$ CERTIFIED Under the provisions of Chapte Expiration: date: AUG 31, 201a:;;,� _= HENNINt39. QARY LYNN THE WEITZ COMPANY-LLC 5901 THORNTON AVENUE t."'on ATTN. KAREN MOONEY DES MOINES IA 50321 CAARLX8 CRIST CEARLIE LI$M OOVERNOP. IN"AIM SECRETARY DISPLAY AS Rf-OUIRED BY LAW Broward County Business Tax Receipt BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S-Andrews Ave.,Rm.A-100.Ft.Lauderdale,FL 33301-18925-954-831-4000 VALID OCTOBER 1,2011 THROUGH SEPTEMBER 30,2012 DBA: Receipt M-180-6621 Business Name:148ITZ COMPANY LLC Business Type. 'COUTPACM10 R (GENE Owner Name:GARY LYNtt Hmnms BusinessOpened:01/25/2005 Business timtion:4000 HOLLYWOOD BLVD 12ON State/CountymertlReq=01509819 HOLLYWOOD Exemption Code:NONEXEMPT Business Phone:954-241-0241 ROOM sea* Employes Meebinee Prblrellatu e 5 ie+lhndlna aw•aevs 4nIT Number of Ilacldeees: Vending Type., Tax art TranOw Fee NSF Fee P .Wty Prw Yom 0080 ion com T"PW 27.00 0.00 0.00 0.00 1 0.00 0100 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the pdvdege of doing business within Broward County and is n0n409tdatory in nabim.You must meet all County andhx Municipality planning WHEN VALIDATED and A�•This Businem Tax Receipt must be wnsl�etred when the business is solkk business name has changed or you haw moved the buslnM loca0on,This receipt does not Indicate that the business is legal or tt+rat it is in compliance wAh Stile or local lawa and regtlfa or%- Mailing Addriss: GLARY LYNN Harms Receipt $CIA-10-0 0010751 1720 CSNTREPARK DR EAST Paid 07/22/2011 27.00 WEST PALM BEACH, FL 33401 2011 • 2012 18 � x x - a ana er's Experience ti C i 0 xr t cc CD t — CD CD �. xl CD �w e a a s' h _ ` i I4F SECTION C: PROJECT MANGER'S EXPERIENCE Jonathan Sharon - Project Manager RESPONSIBILITIES 4 As Project Manager for Weitz-Murphy,Jonathan works closely with Project Superintendents to ensure the overall success of a project during the construction phase. His duties include project �e pre-planning, scheduling, cost control, subcontractor management, contract negotiations and administration, staging and logistics planning and project reporting. Jonathan will be the project team leader assuring that all communication between the owner, architect/engineer and field staff is administered in a timely and orderly manner. EDUCATION/REGISTRATION Years Experience: 14 University of Florida, Bachelor of Science in Biology tM Years with Weitz: 09 OSHA 10-Hour Construction Safety Certified LEED • LEED Green Associate • GREEN State of Virginia Certified General Contractor ASSOCIATE PROJECT EXPERIENCE (PARTIAL) Jonathan has more than 14 years of construction industry experience and is very familiar with working under various contracting methods including general contractor and construction management. He has worked various project types including recreational, local government, commercial, and education. Project Project Delivery Project Amount Role •- Method Size Sunshine Water Control District Pump Government/ CM at Risk 4,600 SF $6.3 Million PM Stations 1 &2 Replacement Industrial Coral Springs, FL Walker Elementary Education CM at Risk 18,0000 SF $9.8 Million PM Fort Lauderdale, FL Dania Elementary School Education CM at Risk 18,000 SF $70 Million PM Sunrise, FL City of Miramar Regional Park Public Park/ CM at Risk 120-Acre Site $178 Million PM Miramar, FL Recreational 12,000 SF B it in Sunny Isles Beach Government CM at Risk 57,032 SF $15.5 Million APM Government Center Building Sunny Isles Beach, FL 57,206 SF Garage Jonathan Sharon - Project Manager PROJECT EXPERIENCE (PARTIAL) Continued: Project • Delivery Project • Role •- Method Size FPLTurkey Point Industrial General (36) 60' micro $1.2 Million PM Cask Crane Piles- in RCA Contractor piles South Homestead, FL FPLTurkey Point Industrial/ General 65,618 SF $75 Million PM Maintenance Facility Office Contractor 2 Story South Homestead FL Royal Caribbean Cruse Terminal 6 Transportation Design-Build 1,125 Spaces $70 Million PM Port of Miami, FL Royal Caribbean Cruise Terminal 3 Transportation/ Design-Build 10,000 SF $2.0 Million PM Port of Miami, FL Industrial 3 Story Royal Caribbean Cruise Terminals 3-6 Transportation/ Design-Build 1,000,000 SF $75.0 Million PE Port of Miami, FL Industrial 3 Story Royal Caribbean Cruise Studio Multi-Purpose Design-Build 60,000 SF $3.0 Million PM Hollywood, FL 2 Story Royal Caribbean Reservation Center Office CM at Risk 100,000 SF $9.0 Million PM Wichita, KS .A REGIONAL .A. Miramar, FL r 20 ®� SECTION iu Y Y "ig . s similar Experience ,r r' CD x � 0 CD Y a +�" SECTION D: PREVIOUS SIMILAR PROJECTS By selecting Weitz-Murphy, a builder with an established record constructing pier and marine projects,The City of Miami Beach adds a wealth of experience to your upcoming South Pointe Park Pier Project. eitz-Murphy has been providing quality construction services for our clients for over 156 years and 87 Y ears respectively. Specifically to Miami Beach, we offer a wealth of experience from past projects built, and invite you to explore these projects further in this section. In the past 10 years alone we have constructed 22 Pier and Marina projects, and countless other park and municipal facilities, many of which were completed under the CM at Risk delivery method. Highlights of these are shown on the pages following. This experience has provided us with extensive knowledge to service this scope-sensitive project. Project Name . Basic Members • Marine-side work - Juno Beach Fishing Pier Pier construction Martin Murphy • Fishing emphasis Eric Fox • Marine-side work Martin Murphy Dania Municipal Pier Pier construction Eric Fox • Marine-side work r Lake Worth Municipal . Pier construction Martin Murphy Ocean Pier Fishing emphasis Eric Fox Submarine Drive-In • Marine demolition Magnetic Silencing Facility New pier construction Ye Alpha Bravo Wharf • Marine-side work — Improvements • Park affiliation City of Miramar Regional • CM at Risk delivery method Gary Hennings Park & Community Center Public safety Jonathan Sharon requirements 21 JUM0 BEACH FISHIPJG PIER JUNO BEACH, FLORIDA BUILDING TYPE & DELIVERY METHOD SIZE Pier/Marine Construction, Hard Bid 1,000 linear feet CLIENT ESTIMATED/ FINAL COST John Chesher, Director $2.1 Million/$2.2 Million Palm Beach County Capital Improvement 2633 Vista Parkway START/COMPLETION DATE West Palm Beach FL 33411 10/1997 - 2/1999 (561) 233-0270 PROJECT DESCRIPTION CONSULTANT Murphy Construction completed the construction of the 1,000-ft Juno Ralph Hahn &Associates Beach Fishing Pier in March 1999. The pier was constructed from the Ralph Hahn, PE top down, meaning the crane walked out onto the structure as it was 2500 S. Dixie Highway being built. Concrete piles, concrete caps, and concrete beams make up West Palm Beach, FL 33401 the substructure, with an infill of-wood decking designed to break away in the event of a major storm. The pier also contains two shelters and a bait house. Murphy Construction worked closely with Bridge Design Associates on the design of the pier. s I 22 ® T SECTION D: PREVIOUS SIMILAR PROJECTS DANIA BEACH, FLORIDA BUILDING TYPE & DELIVERY METHOD SIZE Pier/Marine Construction, Hard Bid 1,000 linear feet CLIENT ESTIMATED/ FINAL COST Kristen Jones, Park Director $1.9 Million/$1.9 Million City of Dania 100W. Dania Beach Blvd. START/COMPLETION DATE Dania, FL 33004 1/1994 - 9/1995 (954) 924-6800 ext. 3730 PROJECT DESCRIPTION CONSULTANT Murphy Construction constructed the 20-ft by 1,000-ft Dania Bridge Design Associates Municipal Pier 1994. The structural design allowed the crane to Brian Rheault, PE walk out onto the pier as it was being constructed, resulting in 1402 Royal Palm Beach Blvd, Bldg 200 substantial savings in time and cost. The pier was built on one year, West Palm Beach, FL 33411 and utilizes concrete piles, concrete caps, concrete beams, and a Ph: (561) 791-1995 break-away wood deck. Murphy Construction worked closely with Fax: (561) 791-1995 Bridge Design Associates on the design of the pier. 23 LAKE • OCEAN LAKE WORTH, FLORIDA BUILDING TYPE & DELIVERY SIZE METHOD Demolition of existing pier and reconstruction of 700 linear feet Pier/Marine Construction, Hard Bid ESTIMATED/ FINAL COST CLIENT $2.8 Million/$3.7 Million* Karla White, Project Manager City of Lake Worth START/COMPLETION DATE 1900 2nd Avenue North 1/2007 - 10/2009 Lake Worth, FL 33461 (561) 586-1720 PROJECT DESCRIPTION In 2007, Murphy Construction won the competitive bid to rebuild the Lake CONSULTANT Worth Pier after 2004 hurricanes destroyed most of the structure. The project Bridge Design Associates involved the demolition and removal of the old pier—much of which was on the Brian Rheault, PE ocean floor—and the reconstruction of over 700 linear feet. The "top down" 1402 Royal Palm Beach Blvd, Bldg 200 construction was accomplished as the crane and support equipment advance West Palm Beach, FL 33411 span by span,walking on newly built spans to the end. Critical elements of the Ph: (561) 791-1995 project were safety controls and minimization of the construction footprint,as Fax: (561) 791-1995 the existing pier restaurant and adjacent beaches remained open. *MCC was issued several change orders for aesthetic upgrading as well as pile jackets on new and exiting piling. P •'i:i' � s 24 0M SECTION D: PREVIOUS SIMILAR PROJECTS BUILD IN GOOD COMPANY. SUBMARINE DRIVE-IN MAGNETIC SILENCING FACILITY PEARL HARBOR, HAWAII BUILDING TYPE & DELIVERY METHOD Pier/ Marine Construction, Design-Build CLIENT Dennis K. Djou NAVFAC Hawaii _ •� (808) 474-3220 x256 dennis.djou@navy.mil tit Wood Harbinger Bruce G. Alward, PE. 3009 112th Ave. NE, Suite 100 Bellevue,WA 98004 Ph: (425) 822-9499 Fax: (425) 822-4338 ESTIMATED / FINAL COST $86.1 Million/$878 Million START/ COMPLETION DATE 8/2008 - 12/2010 PROJECT DESCRIPTION The work consisted of the construction of ' a new magnetic silencing facility including a new non-magnetic concrete drive-in deperming pier for submarines and a new 4,405 sf rectifier building and a new 205 sf generator building. The scope of work included • Pile Supported Pier and Waterfront Berthing Structure `,- • Greater than 1,500 If of Berthing • 130,000 cy of Dredging including both Ocean Disposal and Upland Disposal • 100% Completed in 2010 • 8,000 sf of Marine Demolition • Included Design-Build Portion of Work • Fully complied with State of HI 401 Water Quality Certification Requirements • Received "Excellent" Past Performance Rating and Letter of Appreciation at the completion of the project. 25 BUILD IN GOOD COMPANY. SAN FRANCISCO, CALIFORNIA BUILDING TYPE & DELIVERY METHOD Pier/Marine Construction, Hard ` Bid _l CLIENT Brian Lippert US Department of the Interior a , National Park Service, Denver Service Center (303) 969-2234 brian_lippert@nps.gov CONSULTANT URS Corporation Contact Steve Brock 600 Montgomery Street, 26th Floor San Francisco, CA 94111-2728 USAPh: (561) 791-1995 The Weitz team designed under-deck work platforms to provide a safe Fax: (561)791-1995 and stable working environment during the pier upgrades. ESTIMATED/ FINAL COST $10.8 Million/$11.8 Million START/COMPLETION DATE 9/2002 - 9/2004 PROJECT DESCRIPTION The work consists of the Structural Upgrade of Pier 2, and incidental related work. Work includes, but is not limited to, the demolition and removal of existing wood fender piles and timberwork, removal of abandoned underdeck utility lines, steam lines, including hangers and other below deck hardware, and the staged removal of existing underdeck domestic water distribution lines and sanitary sewer lines.The project included extensive utility work, which was sequenced to maintain service to the facility. Dredging mud from around caisson to elevation-170 MLLW was required, as well as surface preparation of caisson jackets including fiber reinforced polymer on caissons, and concrete caisson haunch repair and fiber reinforced polymer application. Furthermore, the work involves the installation and injection of caisson jackets including fiber reinforced polymer on caissons, and installation of vertical fiber assembly, repair of the concrete perimeter girder, and concrete soffit deck repair including reinforcement and application of corrosion inhibiting compounds. Finally, the project consists of concrete seawall repair and replacement, temporary removal and/ or relocation of active underdeck utility lines during construction while maintaining the facility as operational, and the construction of new plastic pipe and timberwork fender system. SECTION D: PREVIOUS SIMILAR PROJECTS BUILD IN GOOD COMPANY. PEARL HARBOR, HAWAII BUILDING TYPE & DELIVERY METHOD Pier/Marine Construction, Hard Bid *_ CLIENT Calvin Lee, ARIECC US Department of Navy (808) 473-4585 calvin.g.lee@dla.mil CONSULTANT Architects Pacific Leslie Ono 938-C Kapahulu Ave. Honolulu, HI 96816 Ph: (808)737-8853 Fax: (808)735-8863 ESTIMATED/ FINAL COST START/COMPLETION DATE $28.3 Million/$30.0 Million 5/2004 - 2/2006 PROJECT DESCRIPTION The scope of work included practically every aspect of wharf construction including: wharf demolition (of approximately 240 feet of existing Supply Wharf K11), pile driving, reinforced concrete wharf pile caps and deck construction, sheet piles, bulkheads, fender pile systems, high voltage electrical system including power mounds on the wharf edge, high mast lighting system, fuel lines and risers, storm water system, sewer system,electrical duct banks with precast concrete manholes,fire hydrant system, asphalt paving, concrete paving, building demolition, hazardous waste abatement, building site civil work,as well as construction of a 48,000 SF warehouse and office space with ATFP provisions. The Waterfront Improvements for K10-K11 project consisted of the following distinct elements as described below in further detail: 1. A new reinforced concrete wharf on concrete piles with the capacity to support heavyweight supply container loading and unloading operations; 2. A wharf staging area, consisting of a pile-supported concrete relieving platform and concrete slab-on-grade; and 3. A new steel-framed Wharf Transit Shed. Other scope highlights include: • Pile Supported Pier and Waterfront Berthing Structure • 100% Completed in 2006 • 11,875 sf of Marine Demolition • Fully complied with State of HI 401 Water Quality Certification Requirements • Received "Outstanding" Final Performance Evaluation Rating and Marvin M. Black Partnering Award • Project Completed 7 Months Ahead of Schedule 27 i BUILD IN GOOD COMPANY. MIRAMAR, FL 7 - _ ,. BUILDING TYPE & DELIVERY METHOD Municipality/Park/Public facilities/Sitework, CM at Risk CLIENT CONSULTANT Luis Lopez Young Song City of Miramar Song +Associates 2200 Civic Center Place 400 Australian Avenue South Miramar, FL West Palm Beach FL 33401 (954) 967-1553 (561) 655-2423 SIZE 12,000 SF Community Center, 120-acre site development ESTIMATED/ FINAL COST $18.1 Million/$178 Million START/ COMPLETION DATE 7/2006 - 1/2008 PROJECT DESCRIPTION This project included the construction of an aquatic complex with an Olympic-sized pool and children's pool with slides and picnic pavilions. Sitework included hardscape and two large ball fields. The main building is a 12,000 square-foot, multi-purpose building featuring large public restrooms, 28 kitchen, ticket booths, lifeguard quarters and storage facilities. SECTION D: PREVIOUS SIMILAR PROJECTS BUILD IN GOOD COMPANY. WEST PALM BEACH, FL i 'fx BUILDING TYPE 8c DELIVERY METHOD PROJECT DESCRIPTION Govermental facility Weitz is the Construction Manager for this CLIENT project and self-performed various scopes of work for the hurricane hardening of Palm Beach County Facilities Development & Operations both the West Palm Beach Judicial Center John Chesher 561.233.0266 and the State Attorney/Public Defender's JChescher @pbcgov.org building located in the heart of downtown 2633 Vista Parkway West Palm Beach, FL. The project entailed West Palm Beach, FL 33411 the removal of the existing glazing and stops and replacing with hurricane impact CONSULTANT glass and new stops. The SAPID building MPA Architects, Inc. is 6-storys and the Courthouse is a an Richard Logan 11-story building. The majority of the 561-683-7000 work is took place during non-business rlogan @mpa-pb.com hours at the request of the client. Project 1801 East Centrepark Drive, Suite 175 duration was total 13 months for the West Palm Beach, FL 33401 completion of both buildings including START/COMPLETION DATE other minor scopes (door hardware, 12/2009 - 12/2010 minor roofing repairs/skylight repairs, caulking and waterproofing, overhead door SIZE replacement, etc). SAPD-80,000SF of Glass, JCC- 160,000SF of Glass This is one of several projects with Palm ESTIMATED/ FINAL COST Beach County Facilities. 29 $11.6 Million/$8.7 Million BUILD IN GOOD COMPANY. CORAL SPRINGS, FL I' n u, C ,k my 3ilr Pump Station#1 Pump Station#2 BUILDING TYPE 8c DELIVERY METHOD SIZE Water Management/Municipality, CM at Risk (2) 2,300 SF pump station facilities CLIENT ESTIMATED/ FINAL COST Craig Wrathell $6.6 Million/in progress Sunshine Water Control District 6131 Lyons Road, Suite 100 START/COMPLETION DATE Coconut Creek, FL 5/2011 - expected 6/2012 (954) 426-2105 CONSULTANT Rhon Ernest-Jones IBI Group 12500 West Atlantic Blvd. Coral Springs, FL 33071 (954) 344-9855 PROJECT DESCRIPTION The replacement of the Sunshine Water Control District's Pump Station 1 and 2, which includes the demolition and removal of existing buildings,headwalls,piping,equipment,and wiring.The construction of new buildings and structures, which includes the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap-gates, and all associated appurtenances. 30 9 BUILD IN GOOD COMPANY. TURKEY POINT, FLORIDA i g e Y, BUILDING TYPE & DELIVERY , METHOD Nuclear / Industrial, CM at Risk CLIENT Wyatt Jenkins Florida Power & Light t 700 Universe Blvd. Juno Beach, FL 33408 (561) 625-7119 CONSULTANT N/A START/ COMPLETION DATE SIZE - 12/2008 - 4/2009 36 micropiles ESTIMATED/ FINAL COST $1.1 Million/$1.2 Million FEATURES FPL Turkey Point spent fuel handling crane upgrade - this project increased the structural capacity of the spent fuel handling crane. Weitz installed (36) 60' micropiles that socketed into bed rock. The piles went in the cooling equipment area and required us to "thread" the piles between the open cooling lines, the emergency reactor cooling tanks and piping as well as extensive fire suppression and electrical equipment . This job was completed in the radiation controlled area of the plant. The job was being performed in the radiation control area of the operating nuclear power plant. 31 i SECTION E . 1 cations of ProjectTeam aIlk" ,M ,ar , a Y r� L+ W' II mTA 7._kA �tI(" '4,.��,. �' '� ., ...mss �•'�. _ ; wYI�I • I O T�1 V a'S O lV TT n r.} CD 3 SECTION E: QUALIFICATIONS OF PROJECTTEAM CONTINUITY AND EXPERIENCE Weitz-Murphy's marine project"know-how"and continuity BRING PREDICTABLE RESULTS of staff ensure a consistent approach to your project. 19 MIAMI BEACH Vice President x.' Project Executive _ Jim Wells, P.E. Martin Murphy Project Manager Jonathan Sharon LEER GREEN ASSOMTf ode Water Side Frj+ ct.Sutrdent Project Superintendent Eric Fox 33 SECTION E: QUALIFICATIONS OF PROJECTTEAM Jim Wells - Vice President RESPONSIBILITIES As Vice President for The Weitz Company, Jim Wells is responsible for ensuring clients receive the best possible value on their construction projects. Jim leads the team, his primary responsibility is to guarantee that client expectations are met. As an officer of the company, Jim is able to make a commitment on behalf of The Weitz Company and allocate resources to follow through on them. EDUCATION/REGISTRATION Years Experience: 20 • University of Florida, B.S. in Aerospace Engineering TM Years with Weitz: 05 • Duke University FUQUA School of Business, Program for Mgr. Dev. LEED • State of Florida Professional Engineer License No. 52818 • Certified Florida General Contractor License No. CGC059427 AP • LEED Accredited Professional PROJECT EXPERIENCE (PARTIAL) Jim has more than 20 years of construction industry experience and is very familiar with working under various contracting methods including design/build, construction management, hard bid and engineering-procurement-construction jobs. He has worked on various project types including education, commercial, government and industrial. Project Pr• Project Amount • •- Method Size Broward County New Family & Civil Government/ Program Courthouse LEED Silver Manager 675,000 SF $280 Million VP Sunshine Water Control District Pump Stations 1 Government/ CM at Risk 4,600 SF $6.3 Million VP &2 Replacement Industrial Coral Springs, FL Village of Wellington, Municipal Complex,Wel- Government/ Design 55,000 SF $10.5 Million VP lington, FL LEED Gold Build Embry Riddle Aeronautical University Education/ CM at Risk 113,000 SF $27 Million VP WWHQ Office/LEED Precon Da tona Beach FL Silver Only FPLTurkey Point Industrial General Installed 36 $1.2 Million VP Cask Crane Piles- in RCA Contractor 60' micro South Homestead, FL files FPL Putnam Plant Boiler Industrial Engineer N/A $49.0 Million PE Replacement Procure Palatka, FL Construc- 34 RON Martin Murphy - Project Executive RESPONSIBILITIES As Project Executive for Weitz-Murphy, Martin Murphy is responsible for ensuring the overall success of the project during the preconstruction and construction phase, as well as the satisfaction of the client. His duties include contract administration, monthly executive meetings with the client, and general project oversight. Martin will be the project team leader, assuring that all communication between the owner, architect/engineer and field staff is administered in a timely and orderly fashion. Years Experience: 30 EDUCATION/REGISTRATION Years with Weitz: 22 0 Florida Southern College, Bachelor of Arts • Board of Directors, East Coast Chapter of the Associated General Contractors • Secretary/Treasurer of the Florida Prestressed Concrete Association • ACI Level I & II Certified for concrete inspection • PCI Level III Certification The Weitz-Murphy Team, lead by Project Executive Martin Murphy, provides the unique expertise needed for your pier replacement project. Martin has more than 30 years of construction industry experience and is very familiar with working under various contracting methods including design/build, general contractor and construction management. Delivery Project Project Type Method Project Size Amount Role Lake Worth Municipal Pier Marine/ Pier Hard Bid 1,000 LF Pier $3.7 Million Proj. Lake Worth, FL Exec. Juno Beach Fishing Pier Marine/ Pier Hard Bid 1,000 LF Pier $2.2 Million Proj. Juno Beach, FL Exec. Dania Municipal Pier Marine/ Pier Hard Bid 1,000 LF Pier $1.9 Million Proj. Dania Beach, FL Exec. 45th Street Bridge over Florida Turnpike Roadway/ Hard Bid (4) 130-foot beam $4.7 Million Proj. Palm Beach County, FL Bridges spans Exec. Indiantown Road (SR 706)Tunnel Roadway/ Hard Bid 4,000 SF $1.6 Million Proj. Palm Beach County, FL Bridges Exec. Little Blue Heron Bridge Roadway/ Design-Build Demolition of $10.2 Million Proj. Singer Island, FL Bridges Existing & New Exec. Construction SECTION E: QUALIFICATIONS OF PROJECTTEAM . ` Jonathan Sharon - Project Manager RESPONSIBILITIES k : £ As Project Manager for Weitz-Murphy, Jonathan works closely with Project Superintendents to ensure the overall success of a project during the construction phase. His duties include project pre-planning, scheduling, cost control, subcontractor management, contract negotiations and administration, staging and logistics planning and project reporting. Jonathan will be the project team leader assuring that all communication between the owner, architect/engineer and field staff is administered in a timely and orderly manner. E D U CATI 0 N/R E I STRATI O N Years Experience: 14 • University of Florida, Bachelor of Science in Biology TPA Years with Weitz: 09 . OSHA 10-Hour Construction Safety Certified LEED • LEED Green Associate • State of Virginia Certified General Contractor ASSOCIATE ASSOCIATE PROJECT EXPERIENCE (PARTIAL) Jonathan has more than 14 years of construction industry experience and is very familiar with working under various contracting methods including general contractor and construction management. He has worked various project types including recreational, local government, commercial, and education. Project • Delivery Project • Role •- Method Size Sunshine Water Control District Pump Government/ CM at Risk 4,600 SF $6.3 Million PM Station 1&2 Replacement Industrial Coral Springs, FL Walker Elementary Education CM at Risk 18,0000 SF $9.8 Million PM Fort Lauderdale, FL Dania Elementary School Education CM at Risk 18,000 SF $70 Million PM Sunrise, FL City of Miramar Regional Park Public Park/ CM at Risk 120-Acre Site $17.8 Million PM Miramar, FL Recreational 12,000 SF Buildin Sunny Isles Beach Government CM at Risk 57,032 SF $15.5 Million APM Government Center Building Sunny Isles Beach, FL 57,206 SF Garage FPLTurkey Point Industrial General (36) 60' micro $1.2 Million PM Cask Crane Piles- in RCA Contractor piles South Homestead, FL 36 SAM Jonathan Sharon - Project Manager PROJECT EXPERIENCE (PARTIAL) Continued: Project Project Delivery Project Amount Role Type Method Size FPLTurkey Point Industrial/ General 65,618 SF $75 Million PM Maintenance Facility Office Contractor 2 Story South Homestead FL Royal Caribbean Cruse Terminal 6 Transportation Design-Build 1,125 Spaces $70 Million PM Port of Miami, FL Royal Caribbean Cruise Terminal 3 Transportation/ Design-Build 10,000 SF $2.0 Million PM Port of Miami, FL Industrial 3 Story Royal Caribbean Cruise Terminals 3-6 Transportation/ Design-Build 1,000,000 SF $75.0 Million PE Port of Miami, FL Industrial 3 Story Royal Caribbean Cruise Studio Multi-Purpose Design-Build 60,000 SF $3.0 Million PM Hollywood, FL 2 Story Royal Caribbean Reservation Center Office CM at Risk 100,000 SF $9.0 Million PM Wichita, KS . . PARK Miramar, FL Pc- 37 SECTION E: QUALIFICATIONS OF PROJECTTEAM Derek Bixby - Land-Side Project Superintendent RESPONSIBILITIES As Project Superintendent for The Weitz Company, Derek works closely with Project Manager to ensure the overall success of a project during the construction phase. His duties include project pre-planning, field supervision, subcontractor management, staging and logistics planning, quality control, and daily project reporting. Derek will work closely with Eric Fox, Water-Side Project Superintendent, to ensure that the work is well coordinated and expedited from both land and water. EDUCATION/REGISTRATION • University of Florida, Bachelor of Science in Biology Years Experience: 09 • OSHA 10-Hour Construction Safety Certified Years with Weitz: 02 • LEED Green Associate • State of Virginia Certified General Contractor PROJECT EXPERIENCE (PARTIAL) Derek has more than 9 years of construction industry experience and is very familiar with working under various contracting methods including general contractor and construction management. He has worked various project types including recreational, local government, commercial, healthcare, and education. Method Project Project Type Delivery Project Amount Role Size Sunshine Water Control District Pump Government/ CM at Risk 4,600 SF $6.3 Million PS Stations 1&2 Replacement Industrial Coral Springs, FL Broward Health Department Renovation Bid/ Build 18,000 SF $2.3 Million PS Fort Lauderdale, FL Florida International University Renovation Bid/ Build 24,000 SF $1.1 Million PM Miami, FL Miami-Dade Department of Renovation Bid/ Build 112,000 SF $1.8 Million PM Laboratories Miami, FL& Lantana, FL Tampa International Airport Parking Renovation Bid/ Build 100,000 SF $800,000 PM Garage / Parking Tampa, FL Structure Vista Verde at Coconut Creek Residential CM at Risk 325,000 SF $16.8 Million PE Coconut Creek, FL Lauderdale One Residential CM at Risk 185,000 SF $34.5 Million APS Fort Lauderdale, FL x 38 ® »- Project Project Type Delivery Project Amount Role Method Size ' Sonata Beach Club 310,000 SF , • • Pompano. White Oak Development 11 Beach,West Palm Wellington Green Mall •_ I: • Wellington, I vI' . A14 SO „n, +, ,Al. g.. r �JIce Yi : t SWCD PUMP STATION #2 ,. Coral Springs, FL SECTION E: QUALIFICATIONS OF PROJECTTEAM Eric Fox - Water-Side Project Superintendent RESPONSIBILITIES As Project Superintendent forWeitz-Murphy, Eric Fox is responsible for overseeing all water-side work from pier demolition and clearing through to completion of the new pier. His duties include project pre-planning, field supervision, subcontractor management, staging and logistics planning, quality control, and daily project reporting. Eric will work closely with Derek Bixby, Land-Side Project Superintendent, to ensure that the work is well coordinated and expedited from both land and water. Years Experience: 15 EDUCATION/REGISTRATION Years with Weitz: 9 Palm Beach Community College, Associate of Arts • Intermediate MOTTraffic Safety Certificate PROJECT EXPERIENCE (PARTIAL) Eric has more than 15 years of construction industry experience and is very familiar with working under various contracting methods including general contractor and construction management. He has worked various project types including recreational, local government, commercial, healthcare, and education. Delivery- .. 45th Street Bridge over Florida Turnpike Roadway/ Hard Bid (4) 130-foot beam $4.7 Million PS Palm Beach County, FL Bridges spans Indiantown Road (SR 706)Tunnel Roadway/ Hard Bid 4,000 SF $1.6 Million PS Palm Beach County, FL Bridges Lake Worth Municipal Pier Marine/ Pier Hard Bid 1,000 LF Pier $3.7 Million PS Lake Worth, FL Little Blue Heron Bridge Roadway/ Design-Build Demolition of $10.2 Million PS Singer Island, FL Bridges Existing & New Construction LAKE WORTH MUNICIPAL PIER JA Lake Worth, FL r F r, � Y E} !�I d 40 M in ECTIONQ N CD Cn CD w Ri k-A secs m e nt Plan ( RAP <w City of Miami Beach, South Pointe Park Pier Project D tI � .r.- kxr. ""�".� �•"� �'; .� ,fib ,. •t4 � _ w m SECTION F: RISK ASSESSMENT PLAN (RAP) U) c Q cn _0 c O L L -5 N � i ° Q,P E cn c = U cn c a) tj -0 cn c O p O c0 cn ) 4- N a) c -0 3 5 c •0 O a) co ° c Lco � _ O � a) NC .mac.) 4- cc � co E � + c O � o Q : .— N C c � Q co 73 c -0 co -c i ca c O E 'p c -c ca o co cv N rn a — � Cu'co Q co -o E U) a a) o o r � � E� ° o E +co o � E ° C � o-,a o 0) ooa o >.ca) U) ac Q ccL M � C� .oaO _0 ai � � 0 — `°Cn 0 : � +aV) E ° E0E c U) ° °o NU '� ° Q� o -0 -� � , Qm c cn N cn +' c cLv cv a o 0 -p cn C cn X E � a) � � of U a) U c° ai -r co COQ -0 0. y � � cv a) cncQ� � 'cn � � 0 ° � cc'a a�i = E Eoid _ o 4- L Q Q a) °- E ca. a) 2 o —_ mac ° a) E O L �. � CL (D cn o o � 3 `" a) > ..- tc° u�io -0 co Q'� o � oo c cn > c °c o - � v� co � U'n c �U E0o a) ° ° j W N _0 W L co c � O c v a) N pQ 0 N � p En N 0 C +O y- C cu . N OV , Q O O O L a) a) cv a) U 'a L L Z) � � � � � co � +-+ CO 0) 0) O) Q (n —>_ L C E C O 4 co_r G � LM N :3 0) :3� T L L v 0g — o -0 a) O '. o f a) c o) L c a) U Q) = O a _0 a) L a) O U) cp cn L C7 N O O O — cv O co E O E N 'L 0 0 .= U � 0- +-* u) E -o a) +- N N U) CO W a) N 0 O 0 O Q U cO E co a-°n c cu m a)_ Q _ . p cn E O Q p co C •�`� p +- a) � � a) a� 0 Q-+, a a)0) 0 +� a) t to _ C C N C p +- C cn E + a) N O a) +' C +1 N .N N L - cn � Q - > O (D cn c cn N O paa6i 0 co I W O ._ .� cc G. 'E E 0 a O v WmiL as � o ca d as � o c/� 42 W E I T Z XL NAVA r i w � a � 4 t:. r �. 4 f,s >� �..-: ,mob� � :: mss• `\ F K�'�.� ,y r - `. I i lei r, City of Miami Beach, South Pointe Park Pier Project SECTION G: REFERENCES WEITZ REFERENCES • • • • Mr. Paul Leone Phone: 561.659.8493 President Fax: 561.659.8403 The Breakers of Palm Beach e-mail: paul.leone @thebreakers.com ' Multiple projects One South County Road Palm Beach, FL 33480 TbeBrea,�ers Mr. Thomas Donahue Phone: 954.344.9855 Rhon Ernest-Jones/ Fax: 954.341.5961 B I Group Email: Tom.Donahue@ibl'group.com .r Project Architect r: SWCD Pump Stations 1&2 12500 W. Atlantic Blvd. Replacement Coral Springs, _FL 33071 SWCOPamo Statiows 1 c�1Reo/acement Mr. James Barnes Phone: 561.791.4000 - - Director of Operations Fax: 561.791.4045 City of Wellington email:jbarnes @wellingtonfl.gov Wellington City Hall 12300 Forest Hill Boulevard Wellington, FL 33414 RN11;7q1017 CtyHa// Mr. John Chesher Phone: 561.233.0266 Director Palm Beach County Fax: 561.233.0270 Facilities and Development e-mail: jchesher @pbcgov.org Juno Pier PBC Hardening 2633 Vista Parkway Multiple projects West Palm Beach, FL 33411 ./ano Prer `# Mr. Ellis Ross Phone: 561.684.4 180 Director of Construction Fax: 561.6874165 Coordination Email: eross @pbcgov.org Palm Beach County 45th Street Bridge Over 2300 North Jog Road, 3rd Floor Florida Turnpike West Palm Beach, FL 33411 O'SIMWgfidye,Pa/m 9&90'County Mr. John Danielson Phone: 954.7774300 District Structural Engineer Fax: 954.7774697 Florida Department of Email:john.danielson @dot.state.fl.us Transportation FDOT E4K36 Little Blue 3400 West Commercial Blvd. Heron Bridge & Little Lake Fort Lauderdale, FL 33309 Worth Bridge F/oiida Deot.ofTiansooiTation 43 4 L f r'L ti q L - s� PALM BEACH August 28,2006 W.Dennis Gallagher President,Florida Business Unit The Weitz Company 1720 Centrepark Drive East West Palm Beach,FL 33401 Dear Dennis. 'Compliments to you and your colleagues at Weitz for the"effort put forth on our Beachfront Redevelopment project. As you know,this project was riddled with numerous delays including a threat from Hurricane Katrina and then actually experiencing a work stoppage from Hurricane Wilma In addition,the unique situation of working east of the Coastal Construction Set-back Line,in an environmentally sensitive area,created new challenges. Despite these delays and challenges, Weitz pulled it offl! This project was very important to us as it completes one of the final phases of our overall property refinement. What is equally satisfying is that our guests are delighted with the improvements! On a personal note,I want you to know what a pleasure it has been working with you and the other talented,professional staff at your firm. We look forward to the next project! Sincerely, Paul Leone President Cc: Alex Gilmurray ONE SOUTH COUNTY ROAD PALM BFACII, FtoiuDA 33480 + TELEPHONE(561)655.6611 FACSIMILE(561)659-8403 wW4wwAxbmaken.com 44 SECTION G: REFERENCES LA GREAT HOMETOWN t'��uartl \tttas�rr I).1101 Wmen.Mav"I NoIfcbodeld Mall wdllnte.Fier%latlti-t Ik Cuminc A Ptic.rc.%la it 1w,i trm IIou;11d K CoAtc*..1.Comm Ihrkill %nra Gcmir.C-tutxtlommin August 16,2011 Pam Thompson,Procurement Manager City of Miami Gardens Procurement Department 1515 NW 167th Street,Building 7,Suite 440 Miami Gardens,FL 33169 Subject: The Weitz Company,LLC Dear Ms.Thompson: This correspondence may serve as our recommendation for The Weitz Company. In 2009, Wellington solicited proposals for design-build teams for its new city hall. Many firms submitted proposals and after a detailed and lengthy presentation and review process, The Weitz Company was ranked number one and awarded the contract for the 10.5 million dollar project. In the following months,the Weitz team brought all its resources to bear and in the end delivered the project under its original bid price and ahead of schedule. Wellington moved into its new city hall, the jewel in the crown of its new Town Center, at the end of 2010, and celebrated the new year in its new city hall. The Weitz team worked as an extension of our staff and always made project recommendations in the best interest of the project and Wellington. Our city hall project reflected a substantial investment in the community and reflected civic pride and community engagement. The Weitz team always delivered on its commitments and more importantly,always worked in partnership with Wellington. Proving its versatility and commitment to quality service, Weitz again is delivering on another project for Wellington. Ranked number one out of thirteen firms for an indefinite quantity-indefinite delivery construction manager at risk contract, Weitz was selected as the contractor for Wellington's Patriot Memorial project utilizing the construction manager at risk delivery method. The project will be delivered on time and under the contracted guaranteed maximum price of$485,000. While a small contract, the Weitz team demonstrated its flexibility, innovation,and customer service on this project which involved much media attention,political sensitivity, and a compressed schedule. Working in partnership with Wellington,the Weitz team played a critical role in the value analysis and constructability review that reduced project costs by almost 50%. The foregoing projects are representative of Weitz's experience with Wellington and demonstrate the scope and breadth of their expertise. Regardless of the project's size, value, or scope, the Weitz team understands the importance of every project for an owner. We wholeheartedly recommend them for your project. If you require any additional information please do not hesitate to contact me at561.753.2504 or at jbamesgwellin tg onfl. og_v. Sincerely, palll .Q/� James E.Barnes Director of Operations 12300 Forest Hill Boulevard•Wellington,Florida 33414•(561)791-4000•Fax(561)791-4045 www.wellingtonfl.gov AC$ � �GZ a November 23,2010 Mr.Len Martling The Weitz Company Facilities Development& 1720 Centerpark Drive East Operations Department West Palm Beach,FL 33401 Capital Improvements Division Re: Palm Beach County Hurricane Hardening Project 2633 Vista Parkway West Palm Beach,FL 33411 Dear Len: TELEPHONE:(561)233-0260 l understand that The Weitz Company is submitting this project for your FAX:(561)233-0270 company's most prestigious honor, the Charles H. Weitz Award. Palm www.Rbcggv.com/fdotcid Beach County supports your nomination. The Weitz team has been working at the State Attorney/Public Defender (SA/PD) and Main Courthouse Buildings under our annual CM contract. P21m Beach County The Weitz Company was chosen based on their past performance and Board of county ability to undertake this challenging project. Commissioners Karen T.Marcus,Chair As you know,following Hurricane Wilma in 2005,FEMA made available Shelly Vana,Vice Chair Hazard Mitigation Grant Program funds for projects designed to mitigate Paulette Burdick the hazards of disaster events relative to critical government facilities. Steven L.Abrams The SA/PD and Main Courthouse buildings were chosen due to their Burt Aaronson property value as well as being extremely critical from a service Jess R.Santamaria perspective to the citizens of Palm Beach County. The lack of comparable Priscilla A.Taylor space in the commercial market in the event of the destruction of these buildings makes hardening them extremely important. The hardening consists of replacement of the existing glazing, skylights, exterior doors and frames, and overhead coiling doors to comply with current code County Administrator requirements to withstand winds up to 140 mph. Robert Weisman,P.E. This project challenged the Weitz team with several logistic problems including: • Careful planning and execution of daily night time work without "An Equal Opportunity disruption of day time activities. Weitz provided a 4 week,2 week Affirmative Action Employer•° and 1 week look ahead schedules to building occupants. ® f � k ' r Ig I SECTION G: REFERENCES Mr.Len Mardling The Weitz Company November 23,2010 Page 2 • Daily delivery of new glass to areas of work; removal and proper disposal of removed glass. • Proper disassembly and timely assembly of work stations without interrupting any occupants'use of their work area activities the next day. • Spotless clean up after work completion and relocation • Proper removal and reinstallation of window treatment in many areas. • Maintaining a flawless safety record. Your fum has worked tirelessly in making the project a success for the Capital Improvements Division, and the Weitz team associated with this project has our endorsement, without reservation,for the Charles H.Weitz award. Sincerely, to A.Chestier,P.E.,Director Capital Improvements Division JAC:ckc cc: Anil Patel,Project Manager,CID Dennis Gallagher,The Weitz Company Gary Hennings,The Weitz Company Mark Huber,The Weitz Company File: 08204 F.2 ��i �r ,.1. e '�k�,rr°.t � .§?�.` .rte x�`'.•t. W+yc� .�?� ,�,,, � �k^ h ce evaluation Requests CD CD -0 n (D m 7 n t A ra, »ac 3 4 y SECTION H: PERFORMANCE EVALUATION REQUESTS Performance Evaluations Have Been Requested From: CONTACT INFORMATION Mr. Ken Wise Phone: 561.659.8493 The Breakers of Palm Beach e-mail: Ken.Wise @thebreakers.com Multiple projects One South County Road Palm Beach, FL 33480 Mr. Thomas Donahue Phone: 954.344.9855 Rhon Ernest-Jones/ IBI Group 12500 W. Atlantic Blvd. Project Architect Coral Springs, FL 33071 SWCD Pump Stations 1&2 Replacement Mr. James Barnes Phone: 561.791.4000 Director of Operations email:]barnes @wellingtonfl.gov City of Wellington Wellington City Hall 12300 Forest Hill Boulevard Wellington, FL 33414 Mr. John Chesher, Director Phone: 561.233.0266 Palm Beach County Facilities e-mail: jchesher @pbcgov.org and Development Multiple projects 2633 Vista Parkway West Palm Beach, FL 33411 SECTION I : A& do rm s / Documents CD ,Y�'• R • , a � x ! � e �'.� t• 1 M T iF F ,L "' O Cn CD cn C a .- SECTION I: REQUIRED FORMS / DOCUMENTS MIAMIBEACH CITY OF MIAMI BEACH REQUEST FOR PROPOSALS NO. 18-11112 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part Il, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP #18-11/12 Addendum No. 1, Dated 1/11/11 Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date The Weitz Company January 18, 2012 Proposer - Name Date Sign ure 51 MIAMIBEACH CITY OF MIAMI BEACH PROPOSER INFORMATION Submitted by: Jim Wells, Vice President Proposer (Entity): The Weitz Company Signature: Name (Printed): Address: 4000 Hollywood Boulevard Suite 120N City/State: Hollywood, FL 33021 Telephone: (561) 687-4801 Fax: (561) 681-3301 E-mail: jim.wells @weitz.com It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. ��• ' January 18, 2012 Aut orized Signature Date Jim Wells Printed Name 52 SECTION I: REQUIRED FORMS / DOCUMENTS RFQ NO. 18-11/12 FOR A CONSTRUCTION MANAGER AT RISK FIRM (CM) TO PROVIDE PRE- CONSTRUCTION SERVICES AND CONSTRUCTION PHASESERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE SOUTH POINTE PARK PIER PROJECT INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ 00 Employee Dishonesty Bond $ 00 Professional Liability $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid open' g. +/t ro �:, The Weitz Company / �,J 11 Bidder S(gn I ture of Bidder December 19,2011 RFQ No. 18-11/12 53 City of Miami Beach 25 of 44 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this 18th day of January , 2012. The undersigned, as propose, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following RFP/RFQ number: #18-11/12 SI N TURE Jim Wells PRINTED NAME Vice President TITLE (IF CORPORATION) 54 SECTION 1: REQUIRED FORMS / DOCUMENTS MIAMIBEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: The Weitz Company Name of Company Contact Person: Jim Wells Phone Number: (561) 687-4801 Fax Number: (561) 681-3301 E-mail: jim.wells @weitz.com Vendor Number (if known): Federal ID or Social Security Number: 42-1512625 Approximate Number of Employees in the U.S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes X No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race Yes _ No ❑ Sex y`Yes_ No ❑ Color VYes _ No ❑ Sexual orientation y(Yes_ No ❑ Creed VYes_ No ❑ Gender identity (transgender status) Yes _ No ❑ Religion Yes _ No ❑ Domestic partner status VYes _ No ❑ National origin /Yes _ [I No 11 Marital status `/Yes_ No El _ Ancestry Yes_ No Disability Yes_ No ❑ Age VYes _ No ❑ AIDS/HIV status VYes_ No ❑ Height VYes_ No ❑ Weight VYes_ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question even if you do not intend to enter into any subcontracts. VYes No 55 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? —Yes _No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? —Yes_ No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Documentation of Employees with Domestic Benefit is Not this Benefit is with Spouses Partners Offered Submitted with this Form Health ® ® ❑ ❑ Dental ® ® ❑ ❑ Vision ® ® ❑ ❑ Retirement ® ® ❑ ❑ (Pension, 401(k), etc. Bereavement ® ® ❑ ❑ Family Leave ® ® ❑ ❑ Parental Leave ® ® ❑ ❑ Employee ® ® ❑ ❑ Assistance Program Relocation & Travel ® ® ❑ ❑ Company Discount, ® ® ❑ ❑ Facilities & Events Credit Union ❑ ❑ ® ❑ Child Care ❑ ❑ ® ❑ Other: ❑ ❑ ® ❑ 56 SECTION I: REQUIRED FORMS / DOCUMENTS Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? XYes_ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 18th day of January , in the year 2012 , at , (City) (State) 4000 Hollywood Blvd., Suite 120N Sign ture Mailing Address Jim Wells Hollywood, FL 33021 Name of Signatory (please print) City, State, Zip Code Vice President Title 57 SECTION 1: REQUIRED FORMS / DOCUMENTS SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The City of Miami Beach [print name of public entity] By Jim Wells, Vice President [print individual's name and title] For The Weitz Company [print name of entity submitting sworn statement] Whose business address is 4000 Hollywood Blvd. Suite 120N, Hollywood, FL 33021 And (if applicable) its Federal Employer Identification Number (FEIN) is 42-1512625 (If the Entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, 58 shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors; executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE 1 THE I ORMATION CONTAINED IN THIS FORM. Signature] Sworn to and subscribed before me this 18th day of January ,2a 12 Personally known X OR Produced identification Notary Public - State of flag My commission expires 11c,h� (Type of Identification) DIANE M.CROOK Printed typed or stamped Commissioned of Notary Public NOTARY PUBLIC 59 ( p p STATE OF FLORIDA Comm#EE067833 �1_ E Expires 3115/2015 MIAMIBEACH SECTION I: REQUIRED FORMS / DOCUMENTS CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: The Weitz Company Principal Office Address: 4000 Hollywood Blvd. Suite 120N, Hollywood, FL 33021 Official Representative: Jim Wells Individual Partnar Circle One) Corporation If a Corporation: When Incorporated: 1929 In what State: Iowa If a Foreign Corporation: Date of Registration with Florida Secretary of State: N/A Name of Resident Agent: N/A Address of Resident Agent: N/A President's Name: Dennis Gallagher, President Vice-President's Name: Jon Tori, Sr. VP; Jim Wells, VP; Clayton Garrison, VP Treasurer's Name: N/A Members of Board of Directors: Glenn H. De Stigter, Leonard Martlinq, Dennis Gallagher, Michael Touslev Scott Boxer, Jerry Chicoine, Sid Banwart, Kathryn Mikells If a Partnership: N/A Date of organization: N/A General or Limited Partnership': N/A 60 Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 156 years 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No ( X ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: No. 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( X ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( ) have not ( X ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: 61 I A. List all pending lawsuits: SECTION 1: REQUIRED FORMS / DOCUMENTS See page following this document. B. List all judgments from lawsuits in the last five (5) years: See page following this document. C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: None. 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) None. 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. None. 62 I 9. Is the business entity a Miami-based Vendor? Yes ( ) No (X) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 10. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No (X) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed contract, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name 63 ATTEST: IF CORPORATION: �K The Weitz Company Secrets Print Name of Corporation 4000 Hollywood Blvd. Suite 120N Hnll4=nd, F1 22091 Print Name Address By: Vice President (CORPORATE SEAL) Jim V1/ells No Seal Print Name 64 SECTION I: REQUIRED FORMS / DOCUMENTS MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; and B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. ------------------------------- Name of Company (please print) Mailing Address of Company Signature City, State, Zip -------------------------------- Name of Signatory (please print) Telephone Number ---------- ----- ------ Title Date 65 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. 66 SECTION I: REQUIRED FORMS / DOCUMENTS MIAMIBEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM See attached "Supporting Documentation Declaration: Nondiscrimination in Contracts and Benefits for the information on this form: This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: ------------------------------------------------------------------- Date nondiscriminatory benefits will be available: ------------------------------------------------------------------- Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: 67 Claims Statement Open In the normal course of business,The Weitz Company's Florida operations are occasionally party to various matters of litigation. Our firm is involved in actions for the most part with claims arising out of condominium projects. In recent years, we have found condominium projects to be highly litigious, and as a result, we no longer pursue condominium project types. Beyond these limited actions we are closing claims with subcontractors for non-performance. Over our 33 year history in Florida we have NEVER bem kwowed In sedon A =1 MAW and Public/Governmental work has accounted for over 50%of our firm's volume. We are committed to deliver on and exceed our commitments to our Clients. Our bonding and financial capacity are unaffected by any litigation that we are party to regardless of the judgment to be conveyed. We are open to discuss the circumstances of any actions that we are currently involved in and address any concerns that you might have with those actions. (Condominium Projects are marked with an *) ,,,Pate Parties to Description 2009 "Lynn E.Szymoniak vs Metropolitan Development Group,LLC andThe Unit owner complaint regarding alleged damage to unit Pending Weitz Company,LLC 2009 Barenda Michelle Easley&Vincent Easley v.The Weitz Company,LLC Personal injury slip and fall claim Pending 2008 Maurice Wilde vs.The Weitz Company Personal Injury Slip and Fall Claim Pending 2008 *The Weitz Company,LLC and Gisondi&Co.v.D.R.Palm Beach,Inc., Contractor/Subcontractor payment dispute due to Owners refusal to Pending et al make payment.Subcontractor filed suit to protect rights while Owner payment is resolved. 2 Local Weitz Offices in South Florida 68 t ®` SECTION I: REQUIRED FORMS / DOCUMENTS Claims Statement Past 5Years: Defendant Date Pa rties to Claim Claim Description 2009 *Slade v.Weitz,et al Claim by the HOA against the Developer and Weitz Settlement 2009 *Lynn E.Szymoniak vs Metropolitan Development Group,LLC and The Unit owner complaint regarding alleged damage to unit Pending Weitz Company,LLC 2009 Barenda Michelle Easley&Vincent Easley v.The Weitz Company,LLC Personal injury slip and fall claim Pending 2009 *Multiline Building Specialties v.The Weitz Company,LLC Subcontractor payment dispute due to owner nonpayment Settlement 2008 Maurice Wilde vs.The Weitz Company Personal Injury Slip and Fall Claim Pending 2008 *The Weitz Company,LLC and Gisondi&Co.v.D.R.Palm Beach,Inc.,et Contractor/Subcontractor payment dispute due to owner nonpay- Pending al ment 2006 *Classic Residency by Hyatt v.Weitz et al Owner claim against Architect,Weitz and other project team mem- Settlement bers 2008 *A-1 Painting v.The Weitz Company,LLC Subcontractor/Contractor dispute Dismissed 2005 *Robert Saylor v.Flagler Landing,et al Property damage claim related to Hurricane Wilma in 2005 Settlement 2006 Debra Bronstein v.,Weitz,Mad Engineering Personal injury claim Settlement 2008 Grisel Lacerte Personal injury claim Settlement 2006 *Twosome Investments,Ltd.v.Flagler Landing&Weitz Property damage claim related to Hurricane Wilma in 2005 Settlement 2008 *Joseph Catino v.Watergarden Condo Association(Defendent/3rd Party Personal injury slip and fall claim Dismissed Plantiff)v.Minto Communities,LLC andThe Weitz Company,LLC 2006 *Allianz Global Risks US Insurance Co.v.Weitz,et.al. Subrogation suit brought by an insurance carrier Dismissed 2006 *Jerkins,Kenneth v.Weitz-Boat Damage Claim Property damage claim related to Hurricane Wilma in 2005 Settlement Plaintiff Date Parties to Claim Claim Description 2007 The Weitz Company,LLC v.Flagler Landing Owner nonpayment dispute Settlement t,q Surety Letter January 13,2012 Ms.Pamela J. Leja-Katsaris, CPPO CPPB Sr_Procurement Specialist Procurement Division,City Hall 1700 Convention Center Drive Miami Beach, FL 33139 RE: The Weitz Company,LLC Qualification for The South Pointe Park Pier Project Dear Ms.Leja-Katsaris: We are pleased to write to you at the request of our-client,The Weltz Company, LLC("Weitz). - Weitz is a highly regarded and valued client of Edgewood Partners Insurance Center and we are privileged to provide its bonding requirements. Weitz'financial strength and management capabilities have qualified it to bond any project it has chosen to undertake, We have received approval on bonds for Weitz on individual projects in excess of$170,000,000 with a total bonding capacity of$800,000,000. Weitz has surety credit established with Fidelity and Deposit Company of Maryland of Baltimore, MD which is A.M.Best rated At(Superior)FSC XV,Zurich American Insurance Company of Schaumburg,IL which is A.M.Best rated Af(Superior)FSG XV,and Liberty Mutual Insurance Company of Boston,MA which is A.M.Best rated A(Excellent)FSC XV,each of which is listed in the Federal Register. We understand that this project is valued at approximately$4,397,800.We anticipate no problem providing 100%Performance and Payment Bonds at the request of Weitz should it be awarded this contract. However, please be advised that the issuance of any final bonds will be subject to confirmation of appropriate project funding and the acceptable review of the construction contract and bond terms and conditions by Weitz and its sureties as well as normal underwriting considerations at the time the bonds are required. The consideration to issue bonds on these projects is solely a matter between Weitz and its sureties and neither Weitz,its sureties,nor we assume any liability to third parties or to you by issuance of this letter. Weitz has an excellent reputation in the construction industry and is ranked among the top builders in the United States with annual revenues that have exceeded$1.4 Billion. If you need further information concerning this fine contractor,please do not hesitate to contact me directly at(925)244-7723. Very Truly Yours, Lisa Lucas Assistant Vice President-Bond Division tel:925.244.7700 3000 executive parkway,suite 325,san ramon,ca 94583 ca license OB29370 edgewoodins.com 70 SECTION I: REQUIRED FORMS / DOCUMENTS Insurance Certificate A�" CERTIFICATE OF LIABILITY INSURANCE DAT SAMPLE SAMPLE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-515-698-4262 CONTACT NAME: Construction Surety & Insurance Services, LLC PHONE FAX A/C No Ext: A/C No): E-MAIL P.O. Box 65428 ADDRESS: PRODUCER West Des Moines, IA 50265 CUSTOMER ID : Maria Matamoros INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMERICAN CONTRACTORS INS CO RRG 12300 The Weitz Company, LLC INSURER B: ZURICH AMER INS CO 16535 5901 Thornton Avenue INSURERC: UNITED STATES FIRE INS CO 21113 Des Moines, IA 50321 INSURER D: ACIG INS CO 19984 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 22635687 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT;TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUER POLICY NUMBER MMDDY EFF MM DD EXP LIMITS LTR A GENERAL LIABILITY GL11P00006 06/01/1 06/01/14 EACH OCCURRENCE $ 5,000,000 B X GL04869020-00 Excess 06/01/14 DAMAGE TO RENTED 100,000 COMMERCIAL GENERAL LIABILITY 06/01/1 PREMISES Ea occurrence $ A CLAIMS-MADE �OCCUR GL11PX0006 Excess FF 06/01/1 06/01/14 MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GENERAL AGGREGATE $7,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $7,000,000 POLICY X PRO- LOC $ C AUTOMOBILE LIABILITY 138-730244-4 06/01/1 06/01/12 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION WC11000062 06/01/1 06/01/12 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC11000080 06/01/1 06/01/12 E.L.EACH ACCIDENT $1,000,000 OFFICv1BEREXCLUDED? N/A D (Mandatory in NH) WC11000108 06/01/1 06/01/12 E.L.DISEASE-EA EMPLOYE $ 1,000,000 D If yes,describe under WC11000063 06/01/1 06/01/12 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) (PA11) FOR BID/PROPOSAL ONLY. Weitz Florida Project RFQ #18-11/12. Additional insured and primary/non contributory coverage and notice of cancellation will be provided as required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Hall ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 USA1t philiphm ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 1 2263 7 71 F n BUILD IN GOOD COMPANY. Supporting Documentation a Supporting Do cum en to tion Declaration : Nondiscrimination in Contracts and Benefits Notice The official Plan Document that describes the benefits for which you are eligible under your group health plan is available,in print,in the department of your employer or group sponsor responsible for the administration of your health plan.A printed copy of the Coverage Manual further describing benefits for which you are eligible under your group health plan is also available,upon your request,from the department of your employer or group sponsor responsible for the administration of your health plan. This notice is attached to an electronic copy of the Coverage Manual for your group health plan. Wellmark Blue Cross and Blue Shield of Iowa is not responsible for any alterations or modifications that may be made to an electronic copy or other differences that may exist between the attached electronic copy of the Coverage Manual and the printed Coverage Manual. Any alterations,modifications,or differences contained in the electronic copy to which this Notice is attached that are not consistent with,or that conflict with,the printed Coverage Manual issued to your employer or group sponsor are not binding on Wellmark Blue Cross and Blue Shield of Iowa. In the event of any inconsistency or conflict between the printed Coverage Manual and an electronic copy,the terms of the printed Coverage Manual shall govern. Ii ��I I i i i I I 0` , WeRmarke �� go BlueCross 0 BlueShield of Iowa An Independent Licensee of the Blue Cross and Blue Shield Association C O V E R A G E M A N U A L AllianceSelectSM BlueRx Preferred Sm The Weitz Company, LLC Serviced By: Mercer NOTICE This group health plan is sponsored and funded by your employer or group sponsor.Your employer or group sponsor has a financial arrangement with Wellmark under which your employer or group sponsor is solely responsible for claim payment amounts for covered services provided to you.Wellmark provides administrative services and provider network access only and does not assume any financial risk or obligation for claim payment amounts. Group Effective Date:8/1/2010 Print Date:8/3/2010 Coverage Code:Z5S 38H Form Number: Wellmark 1A Grp Version:10/o9 www.wellmark.com Contents About This Coverage Manual....................................................................... 1. What You Pay......................................................................................3 PaymentSummary...........................................................................................................................3 PaymentDetails...............................................................................................................................4 2. At a Glance - Covered and Not Covered................................................9 AllianceSelect..................................................................................................................................9 BlueRx Preferred...........................................................................................................................12 3. Details - Covered and Not Covered..................................................... 15 AllianceSelect................................................................................................................................15 BlueRx Preferred...........................................................................................................................26 4. General Conditions of Coverage, Exclusions, and Limitations ........... 31 Conditionsof Coverage..................................................................................................................31 GeneralExclusions........................................................................................................................32 BenefitLimitations..........................................................................................................................33 S. Choosing a Provider..........................................................................35 AllianceSelect................................................................................................................................35 BlueRx Preferred...........................................................................................................................37 6. Notification Requirements and Care Coordination............................39 AllianceSelect................................................................................................................................39 BlueRx Preferred...........................................................................................................................42 7. Factors Affecting Ahat You Pay.........................................................45 AllianceSelect................................................................................................................................45 BlueRx Preferred...........................................................................................................................48 i S. Coverage Eligibility and Effective Date ..............................................53 EligibleMembers............................................................................................................................53 WhenCoverage Begins.................................................................................................................53 Preexisting Condition Exclusion Period.........................................................................................53 Prior Creditable Coverage..............................................................................................................54 Qualified Medical Child Support Order..........................................................................................55 9. Coverage Changes and Termination ................................:................. 57 Coverage Change Events..............................................................................................................57 Requirement to Notify Group Sponsor...........................................................................................57 CoverageTermination....................................................................................................................58 Certificate of Creditable Coverage.................................................................................................58 CoverageContinuation ..................................................................................................................58 10. Claims.............o 0....0 0......................oo..,..000.,..0000.......................o61 Whento File a Claim......................................................................................................................61 Howto File a Claim........................................................................................................................61 Notificationof Decision...................................................................................................................62 11. Coordination of Benefits ...................................................................65 OtherCoverage..............................................................................................................................65 ClaimFiling ....................................................................................................................................65 Rulesof Coordination.....................................................................................................................65 Coordinationwith Medicare ...........................................................................................................67 12. Appeals .............................................................................................69 Rightof Appeal...............................................................................................................................69 Howto Appeal................................................................................................................................69 Whereto Send Appeal...................................................................................................................69 Reviewof Appeal...........................................................................................................................69 Decisionon Appeal........................................................................................................................70 LegalAction ...................................................................................................................................70 13. Your Rights Under ERISA ..................................................................71 14. General Provisions............................................................................ 75 Contract..........................................................................................................................................75 Interpreting this Coverage Manual.................................................................................................75 Authority to Terminate,Amend, or Modify.....................................................................................75 Authorized Group Health Plan Changes........................................................................................75 AuthorizedRepresentative.............................................................................................................75 Releaseof Information...................................................................................................................76 Privacyof Information ....................................................................................................................76 MemberHealth Support Services..................................................................................................76 Value Added or Innovative Benefits...............................................................................................77 Nonassignment..............................................................................................................................77 GoverningLaw...............................................................................................................................77 LegalAction ...................................................................................................................................77 MedicaidEnrollment.......................................................................................................................77 Subrogation....................................................................................................................................77 Workers' Compensation.................................................................................................................79 Paymentin Error............................................................................................................................80 Notice.............................................................................................................................................80 Glossary.................................................................................................... 81 Index ........................................................................................................83 About This Coverage Manual Contract This coverage manual describes your rights and responsibilities under your group health plan. You and your covered dependents have the right to request a copy of this coverage manual, at no cost to you,by contacting your employer or group sponsor. Please note:Your employer or group sponsor has the authority to terminate,amend,or modify the coverage described in this coverage manual at any time.Any amendment or modification will be in writing and will be as binding as this coverage manual. If your contract is terminated,you may not receive benefits. You should familiarize yourself with the entire manual because it describes your benefits, payment obligations,provider networks,claim processes,and other rights and responsibilities. Charts Some sections have charts,which provide a quick reference or summary but are not a complete description of all details about a topic.A particular chart may not describe some significant factors that would help determine your coverage,payments,or other responsibilities. It is important for you to look up details and not to rely only upon a chart. It is also important to follow any references to other parts of the manual. (References tell you to"see"a section or subject heading,such as,"See Details—Covered and Not Covered."References may also include a page number.) Complete Information Very often,complete information on a subject requires you to consult more than one section of the manual. For instance,most information on coverage will be found in these sections: ■ At a Glance—Covered and Not Covered ■ Details—Covered and Not Covered ■ General Conditions of Coverage,Exclusions, and Limitations However,coverage might be affected also by your choice of provider(information in the Choosing a Provider section),certain notification requirements if applicable to your group health plan(the Notification Requirements and Care Coordination section), and considerations of eligibility or preexisting conditions(the Coverage Eligibility and Effective Date section). Even if a service is listed as covered,benefits might not be available in certain situations, and even if a service is not specifically described as being excluded,it might not be covered. Read Thoroughly You can use your group health plan to the best advantage by learning how this document is organized and how sections are related to each other.And whenever you look up a particular topic,follow any references,and read thoroughly. Your coverage includes many services,treatments,supplies, devices, and drugs.Throughout the coverage manual,the words services or supplies refer to any services,treatments,supplies, devices, or drugs, as applicable in the context,that may be used to diagnose or treat a condition. Form Number: Wellmark IA Grp/AM—1009 1 Z5S 38H About This Coverage Manual Questions If you have questions about your group health plan,or are unsure whether a particular service or supply is covered,call the Customer Service number on your ID card. Z5S 38H 2 Form Number:Wellmark IA Grp/AM—1009 1 . What You Pay This section is intended to provide you with an overview of your payment obligations under this group health plan.This section is not intended to be and does not constitute a complete description of your payment obligations.To understand your complete payment obligations you must become familiar with this entire coverage manual, especially the Factors Affecting What You Pay and Choosing a Provider sections. Payment Summary This chart summarizes your payment responsibilities. It is only intended to provide you with an overview of your payment obligations. It is important that you read this entire section and not just rely on this chart for your payment obligations. Alliance Select Category You Pay Deductible $400 per person $800(maximum)per family* Office Visit Copayment $20 for covered services received from primary care practitioners. $40 for covered services received from non-primary practitioners. P rY care p Coinsurance 10%for covered services received from PPO providers. 30%for covered services received from participating and nonparticipating providers.** Out-of-Pocket Maximum $1,750 per person $3,500(maximum)per family* *Family amounts are reached from amounts accumulated on behalf of any combination of family members. **Participating and nonparticipating providers are non-PPO.See Choosing a Provider,page 35. Blue Rx I Preferred Category You Pay Copayment $7 for Tier 1 medications(most generic drugs). $25 for Tier 2 medications(selected brand name and branded generic drugs). $50 for Tier 3 medications(other brand name drugs). For more information see Tiers,page 49. Please note: For Tier 2 or Tier 3 drugs,in addition to the copayment,you may also be responsible for any cost difference between the billed charge for the Tier 2 or Tier 3 drug and the billed charge for the Tier 1 drug.See Factors Affecting What You Pay, page 45. Form Number: Wellmark IA Grp/MP—1009 3 Z5S 38H What You Pay Quantity Limits and Multiple Copayments Generally,there is a maximum quantity of medication you may receive in a single prescription. Your payment obligations may be determined by the quantity of medication you purchase: Quantity Limit* Payment Retail Drugs 30-day supply 1 copayment(s) Retail Maintenance Drugs 30-day supply 1 copayment(s) Mail Order Drugs 30-day supply 1 copayment(s) Mail Order Maintenance Drugs 90-day supply 2 copayment(s) *Federal regulations limit the quantity that may be dispensed for certain medications. If your prescription is so regulated,it may not be available in the amount(s)indicated. Payment Details Alliance Select to the accident,only one deductible amount Deductible will be applied to the accident-related This is a fixed dollar amount you pay for services for all family members involved. covered services in a benefit year before However,you still need to satisfy the family medical benefits become available. (not the per person)out-of-pocket The family deductible amount is reached maximum. from amounts accumulated on behalf of any Deductible amounts are waived for some combination of family members. services. See Waived Payment Obligations Once you meet the deductible,then later in this section. coinsurance applies. Copayment Deductible amounts you pay during the last This is a fixed dollar amount that you pay three months of a benefit year carry over as each time you receive certain covered credits to meet your deductible for the next services. benefit year. Office Visit Copayment. If a family member is removed from your coverage during the benefit year and this The office visit copayment: changes your coverage type from family to ■ applies to covered office services single coverage,you will not be credited received from PPO practitioners. with deductible amounts that were paid ■ is taken once per date of service. during the benefit year on behalf of the removed family member.As of the date of Please note: For purposes of determining the coverage change,you will be responsible your copayment responsibility, PPO for any applicable deductible that remains providers are classified by Wellmark as unmet in the absence of amounts that were either primary care practitioners or non- paid on behalf of the removed family primary care practitioners.To determine member. See Coverage Changes and whether the primary care practitioner Termination,page 57. copayment or the non-primary care practitioner copayment applies,you should Common Accident Deductible.When call the Customer Service number on your two or more covered family members are ID card before receiving any services to involved in the same accident and they determine whether your provider is receive covered services for injuries related classified by Wellmark as a primary care Z5S 38H 4 Form Number:Wellmark IA Grp/WYP_1009 What You Pay practitioner or a non-primary care Coinsurance amounts are waived for some practitioner for purposes of your copayment services. See Waived Payment Obligations responsibility. later in this section. How providers are classified in the Out-of-Pocket Maximum Wellmark Provider Directory does not determine whether a provider is a primary The out-of-pocket maximum is the care practitioner or anon-primary care maximum amount you pay,out of your pocket,for most covered services in a practitioner for purposes of your copayment benefit year.Many amounts you pay for responsibility. For example,a provider might be listed under multiple specialties in covered services during a benefit year the provider directory,such as internal accumulate toward the out-of-pocket maximum.These amounts include: medicine and oncology,but would be classified by Wellmark as a primary care ■ Deductible. practitioner for purposes of your copayment ■ Certain coinsurance amounts. responsibility. The family out-of-pocket maximum is A primary care practitioner is a PPO: reached from applicable amounts paid on ■ advanced registered nurse practitioner behalf of any combination of family (ARNP) members. ■ family practitioner If a family member is removed from your ■ general practitioner coverage during the benefit year and this ■ internal medicine practitioner changes your coverage type from family to ■ obstetrician/gynecologist single coverage,you will not be credited ■ pediatrician with out-of-pocket maximum amounts that ■ physician assistant(PA) were paid during the benefit year on behalf of the removed family member.As of the All other PPO practitioners are non-primary date of the coverage change,you will be care practitioners. See Choosing a Provider, responsible for any applicable out-of-pocket page 35. maximum that remains unmet in the Related laboratory services received from a absence of amounts that were paid on behalf PPO independent lab are subject to of the removed family member. See coinsurance and not this copayment. Coverage Changes and Termination,page 57• Coinsurance However,certain amounts do not apply Coinsurance is an amount you pay for toward your out-of-pocket maximum. certain covered services. Coinsurance is ■ Amounts representing any general calculated by multiplying the fixed exclusions and conditions. See General percentage(s)shown earlier in this section Conditions of Coverage,Exclusions, and times Wellmark's payment arrangement Limitations,page 31. amount. Payment arrangements may differ ■ Office visit copayments. depending on the contracting status of the provider and/or the state where you receive ■ Coinsurance amounts you pay for the services. For details,see How Coinsurance treatment of infertility. is Calculated,page 45. Coinsurance These amounts continue even after you have amounts apply after you meet the met your out-of-pocket maximum. deductible. Form Number: Wellmark IA Grp/ WYP_1009 5 Z5S 38H What You Pay Lifetime Benefits Maximum Lifetime benefits maximum amounts are This is the maximum payment amount each accumulated from claim payment amounts member is eligible to receive for certain under this medical benefits plan and prior covered services in his or her lifetime. medical benefits plans sponsored by your employer or group sponsor and administered by Wellmark Blue Cross and Blue Shield of Iowa. Waived Payment Obligations Some payment obligations are waived for the following covered services. Covered Service Payment Obligation Waived Newborn's initial hospitalization,when considered normal newborn Deductible care—facility and practitioner services. Office services received from PPO practitioners. Some lab testing Deductible performed in the office may be sent to a provider that is not a PPO provider for processing.When this happens,your deductible and coinsurance may apply. Outpatient preventive care received from PPO providers. Deductible Postpartum home visit(one)when a mother and her baby are Deductible voluntarily discharged from the hospital within 48 hours of normal Coinsurance labor and delivery or within 96 hours of cesarean birth. Services subject to office visit copayment amounts. Deductible Coinsurance Well-child care. Deductible X-ray and lab services billed by PPO facilities in the Wellmark service Deductible area and interpretations by PPO practitioners in the Wellmark service area when your practitioner sends you to the outpatient department of a PPO facility. For a description of the Wellmark Service area,see Choosing a Provider,page 35.The deductible is not waived for the following services: CT(computerized tomography)scans,MRAs(magnetic resonance angiography),MRIs(magnetic resonance imaging),PET (positron emission tomography)scans,nuclear medicine,ultrasounds, and radiation therapy. Z5S 38H 6 Form Number:Wellmark IA Grp1WYP_1009 What You Pay Blue Rx Preferred Copayment Copayment is a fixed dollar amount you pay each time a covered prescription is filled or refilled. Please note: For Tier 2 or Tier 3 drugs,in addition to the copayment,you may also be responsible for any costs difference between the billed charge for the Tier 2 or Tier 3 drug and the billed charge for the Tier 1 drug. See Factors Affecting That You Pay, page 45• Form Number: Wellmark IA Grp/WYP_1009 7 Z5S 38H 2. At a Glance - Covered and Not Covered Your coverage provides benefits for many services and supplies.There are also services for which this coverage does not provide benefits.The following chart is provided for your convenience as a quick reference only.This chart is not intended to be and does not constitute a complete description of all coverage details and factors that determine whether a service is covered or not.All covered services are subject to the contract terms and conditions contained throughout this coverage manual.Many of these terms and conditions are contained in Details —Covered and Not Covered,page 15.To fully understand which services are covered and which are not,you must become familiar with this entire coverage manual. Please call us if you are unsure whether a particular service is covered or not. The headings in this chart provide the following information: Category. Service categories are listed alphabetically and are repeated,with additional detailed information,in Details—Covered and Not Covered. Covered.The listed category is generally covered,but some restrictions may apply. Not Covered.The listed category is generally not covered. See Page.This column lists the page number in Details—Covered and Not Covered where there is further information about the category. Service/Prescription Maximum.This column lists maximum benefit amounts that each member is eligible to receive per covered service,prescription,benefit year,or lifetime. Service maximums or prescription maximums that apply per benefit year or per lifetime are reached from claim payment amounts accumulated under this group health plan and any prior group health plans sponsored by your employer or group sponsor and administered by Wellmark Blue Cross and Blue Shield of Iowa. Please note: Service maximums accumulate for medical and prescription drug benefits separately. Alliance Select > L O W Category c c a Service Maximum U z co Acupuncture Treatment 15 Allergy Testing and Treatment • 15 Ambulance Services • 15 Anesthesia • 15 Blood and Blood Administration • 15 Chemical Dependency Treatment • 15 Chemotherapy and Radiation Therapy • 15 Cosmetic Services 15 Counseling Services 16 Form Number: Wellmark IA Grp/AGC_1009 9 Z5S 38H At A Glance—Covered and Not Covered -a > a� W o Category c o Service Maximum U Z to Dental Treatment for Accidental Injury • 16 Dialysis • 16 Education Services for Diabetes • 16 10 hours of outpatient diabetes self-management training provided within a 12-month period,plus follow-up training of up to two hours annually. Emergency Services • 17 Fertility and Infertility Services • 17 $15,000 per lifetime for covered services and supplies related to infertility treatment. Genetic Testing • 17 Hearing Services(related to an illness or • 17 injury) Home Health Services • 18 Home/Durable Medical Equipment • 19 Hospice Services • 19 15 days per lifetime for inpatient hospice respite care. 15 days per lifetime for outpatient hospice respite care. Please note: Hospice respite care must be used in increments of not more than five days at a time. Hospitals and Facilities • 19 90 days per benefit year of skilled nursing services in a hospital or nursing facility. Illness or Injury Services • 20 Inhalation Therapy • 20 Maternity Services • 20 Medical and Surgical Supplies • 21 Mental Health Services • 21 Morbid Obesity Treatment • 21 Motor Vehicles 22 Musculoskeletal Treatment • 22 Nonmedical Services 22 Occupational Therapy • 22 Orthotics 22 Physical Therapy • 22 Physicians and Practitioners 22 Advanced Registered Nurse • 22 Practitioners Audiologists • 22 Chiropractors • 22 Doctors of Osteopathy • 22 Licensed Independent Social Workers • 22 Z5S 38H 10 Form Number:Wellmark IA Grp/AGC_1009 i At A Glance—Covered and Not Covered > a� o ca Category o o Service Maximum v z cn Medical Doctors • 23 Occupational Therapists • 23 Optometrists • 23 Oral Surgeons • 23 Physical Therapists • 23 Physician Assistants 0 23 Podiatrists • 23 Psychologists • 23 Speech Pathologists • 23 Prescription Drugs • 23 Preventive Care • 24 Well-child care until the child reaches age seven. One routine physical examination per benefit year. One routine mammogram per benefit year. One routine gynecological examination per benefit year. Prosthetic Devices • 24 Reconstructive Surgery • 24 Self Help Programs B 25 Sleep Apnea Treatment • 25 Speech Therapy • 25 Surgery • 25 Temporomandibular Joint Disorder • 25 (TMD) See Details—Covered and Not Covered for specific limitations. Transplants • 25 $10,000 per operation for costs associated with a member's transportation in an ambulance to a transplant center. Travel or Lodging Costs 26 Vision Services(related to an illness or • 26 injury) Wigs or Hairpieces 26 X-ray and Laboratory Services • 26 Form Number: Wellmark IA Grp/AGC_1009 11 Z5S 38H At A Glance-Covered and Not Covered Blue Rx Preferred L N p cc w U °- Prescription Drug Category �0 0 Prescription Maximum Branded Generic Prescription Drugs • 26 Retail Non-Maintenance Prescriptions a 30-day supply. Retail Maintenance Prescriptions a 30-day supply. Mail Order Non-Maintenance Prescriptions a 30-day supply. Mail Order Maintenance Prescriptions a 90-day supply. Brand Name Prescription Drugs • 27 Retail Non-Maintenance Prescriptions a 30-day supply. Retail Maintenance Prescriptions a 30-day supply. Mail Order Non-Maintenance Prescriptions a 30-day supply. Mail Order Maintenance Prescriptions a 90-day supply. Chemical Dependency Drugs • 27 Contraceptives • 27 Convenience Packaging 27 Cosmetic Drugs 27 Drugs that are Lost Damaged,Stolen or � 27 g g , Used Inappropriately Drugs You Abuse 0 27 Generic Prescription Drugs • 27 Retail Non-Maintenance Prescriptions a 30-day supply. Retail Maintenance Prescriptions a 30-day supply. Mail Order Non-Maintenance Prescriptions a 30-day supply. Mail Order Maintenance Prescriptions a 90-day supply. Immunization Agents 27 Impotence Drugs • 28 Infertility Drugs 0 28 Insulin and Supplies • 28 Irrigation Solutions and Supplies B 28 Nutritional and Dietary Supplements 28 Over-the-Counter Products B 28 Injectable Drugs • 28 Self-Administered s� g Z5S 38H 12 Form Number:Wellmark IA Grp/AGC_1009 i At A Glance—Covered and Not Covered -a > a� CD o a u, v Prescription Drug Category 00 0 cn Prescription Maximum Self-Help Drugs 28 Specialty Self-Administered Drugs • 28 Therapeutic Devices or Medical 0 28 Appliances Tobacco Dependency Drugs • 28 FWeight Reduction Drugs 0 28 I Form Number: Wellmark IA Grp/AGC_1009 13 Z5S 38H 3. Details - Covered and Not Covered All covered services or supplies listed in this section are subject to the general contract provisions and limitations described in this coverage manual.Also see the section General Conditions of Coverage,Exclusions,and Limitations,page 31. If a service or supply is not specifically listed,do not assume it is covered. Alliance Select Acupuncture Treatment Blood and Blood Not Covered:Acupuncture and Administration acupressure treatment. Covered: Blood and blood administration, including blood derivatives,and blood Allergy Testing and components. Treatment Chemical Dependency Covered. Treatment Ambulance Services Covered:Treatment for a condition with Covered: Professional air and ground physical or psychological symptoms produced by the habitual use of certain ambulance transportation to a hospital or drugs as described in the most current nursing facility in the surrounding area Diagnostic and Statistical Manual of where our ambulance transportation Y P originates. Mental Disorders. All of the following are required to qualify Not Covered: for benefits: ■ Residential facility services. • No other method of transportation is See Also: appropriate. Hospitals and Facilities later in this section. • The services required to treat your illness or injury are not available in the facility where you are currently receiving Chemotherapy and Radiation 'Therapy care if you are an inpatient at a facility. • You are transported to the nearest Covered: Use of chemical agents or hospital or nursing facility with radiation to treat or control a serious illness. adequate facilities to treat your medical condition. Cosmetic Services Not Covered: Cosmetic services, supplies, See Also: or drugs unless provided primarily to Transplants later in this section. restore function lost or impaired as the result of an illness,accidental injury,or a Anesthesia birth defect including treatment for any Covered:Anesthesia and the complications resulting from a noncovered administration of anesthesia. cosmetic procedure. Not Covered: Local or topical anesthesia See Also: billed separately from related surgical or Reconstructive Surgery later in this section. medical procedures. Form Number: Wellmark IA Grp/DE—1009 15 Z5S 38H Details—Covered and Not Covered Counseling Services ■ Incisions of accessory sinus,mouth, Not Covered: Bereavement counseling or salivary glands, or ducts. services(including volunteers or clergy), ■ Jaw dislocation manipulation. family counseling or training services, and ■ Treatment of abnormal changes in the marriage counseling or training services. mouth due to injury or disease. See Also: Not Covered: Genetic Testing later in this section. ■ General dentistry including,but not Mental Health Services later in this section. limited to,diagnostic and preventive services, restorative services, endodontic Dental Services services,periodontal services,indirect fabrications,dentures and bridges, and Covered: orthodontic services. ■ Dental treatment for accidental injuries ■ Injuries associated with or resulting when all of the following requirements from the act of chewing. are met: ■ Maxillary or mandibular tooth implants — Initial treatment is received within (osseointegration). 72 hours of the injury. — Follow-up treatment is completed Dialysis within 3o days. Covered: Removal of toxic substances ■ Anesthesia(general)and hospital or from the blood when the kidneys are unable ambulatory surgical facility services to do so when provided as an inpatient in a related to covered dental services if: hospital setting or as an outpatient in a — You are under age 14 and,based on a Medicare-approved dialysis center. determination by a licensed dentist and your treating physician,you Education Services for have a dental or developmental Diabetes condition for which patient Covered: Inpatient and outpatient training management in the dental office has and education for the self-management of been ineffective and requires dental all types of diabetes mellitus. treatment in a hospital or ambulatory surgical facility; or All covered training or education must be — Based on a determination by a prescribed by a licensed physician. licensed dentist and your treating Outpatient training or education must be provided by astate-certified program. physician,you have one or more medical conditions that would create The state-certified diabetic education significant or undue medical risk in program helps any type of diabetic and his the course of delivery of any or her family understand the diabetes necessary dental treatment or disease process and the daily management surgery if not rendered in a hospital of diabetes. or ambulatory surgical facility. Service Maximum: ■ Impacted teeth removal(surgical) as an inpatient or outpatient of a facility only ■ io hours of outpatient diabetes self- inpatient training provided within a when you have a medical condition g gP o vded wth (such as hemophilia)that requires 12-month period,plus follow-up training of u to two hours annually. hospitalization. g p y ■ Facial bone fracture reduction. See Also: Blue Rx Preferred,page 26. Z5S 38H 16 Form Number:Wellmark IA Grp/DE-1009 Details—Covered and Not Covered Emergency Services Not Covered: Covered:When treatment is for a medical ■ Infertility treatment if the infertility is condition manifested by acute symptoms of the result of voluntary sterilization. sufficient severity,including pain,that a ■ Infertility treatment related to the prudent layperson,with an average collection or purchase of donor semen knowledge of health and medicine,could (sperm)or oocytes(eggs);freezing of reasonably expect absence of immediate sperm,oocytes,or embryos; surrogate medical attention to result in: parent services. • Placing the health of the individual or, ■ Reversal of a tubal ligation(or its with respect to a pregnant woman,the equivalent)or vasectomy. health of the woman and her unborn See Also: child,in serious jeopardy; or • Serious impairment to bodily function; Blue Rx Preferred,page 26. or Prior Approval,page 40. • Serious dysfunction of any bodily organ or part. Genetic Testing In an emergency situation,if you cannot Covered: Genetic molecular testing reasonably reach a PPO provider,covered (specific gene identification)and related services will be reimbursed as though they counseling are covered when both of the were received from a PPO provider. following requirements are met: However,because we do not have contracts ■ You are an appropriate candidate for a with nonparticipating providers and they test under medically recognized may not accept our payment arrangements, standards(for example,family you are responsible for any difference background,past diagnosis,etc.). between the amount charged and our ■ The outcome of the test is expected to amount paid for a covered service. determine a covered course of treatment See Also: or prevention and is not merely informational. Nonparticipating providers,page 46. See Also: Fertility and Infertility Prior Approval,page 40. Services Covered: Hearing Services • Fertility prevention,such as tubal Covered: ligation(or its equivalent)or vasectomy ■ Hearing examinations,but only to test (initial surgery only). or treat hearing loss related to an illness • Infertility testing and treatment or injury. including in vitro fertilization,gamete intrafallopian transfer(GIFT), and Not Covered: pronuclear stage transfer(PROST). ■ Hearing aids. Service Maximum: ■ Routine hearing examinations. ■ $15,000 per lifetime for covered services and supplies related to infertility treatment. Form Number: Wellmark IA Grp/DE-1009 17 Z5S 38H Details—Covered and Not Covered Home Health Services comparable level of care in a facility Covered.All of the following requirements setting. Home skilled nursing will be must be met in order for home health coordinated by a case manager. services to be covered: Custodial care is not included in this benefit. • You require a medically necessary Inhalation Therapy. skilled service such as skilled nursing, physical therapy,or speech therapy. Medical Equipment. • Services are received from an agency Medical Social Services. accredited by the Joint Commission for Accreditation of Health Care Medical Supplies. Organizations(JCAHO)and/or a Occupational Therapy—but only for Medicare-certified agency. services to treat the upper extremities, • Services are prescribed by a physician which means the arms from the and approved by our case manager for shoulders to the fingers.You are not the treatment of illness or injury. covered for occupational therapy • Services are not more costly than supplies. alternative services that would be Oxygen and Equipment for its effective for diagnosis and treatment of administration. your condition. • The care is prescribed by a physician Parenteral and Enteral Nutrition. and approved by a Wellmark case Physical Therapy. manager. Prescription Drugs and Medicines The following are covered services and administered in the vein or muscle. supplies: Prosthetic Devices and Braces. Home Health Aide Services—when Speech Therapy. provided in conjunction with a medically necessary skilled service also Not Covered: Custodial home care received in the home. services and supplies,which help you with your daily living activities.This type of care Home Skilled Nursing.Treatment does not require the continuing attention must be given by a registered nurse and assistance of licensed medical or (R.N.)or licensed practical nurse trained paramedical personnel. Some (L.P.N.)from an agency accredited by examples of custodial care are assistance in the Joint Commission for Accreditation walking and getting in and out of bed; aid in of Health Care Organizations(JCAHO) bathing,dressing,feeding,and other forms or a Medicare-certified agency. Home of assistance with normal bodily functions; skilled nursing is intended to provide a preparation of special diets; and supervision safe transition from other levels of care of medication that can usually be self- when medically necessary,to provide administered.You are also not covered for teaching to caregivers for ongoing care, sanitaria care or rest cures. or to provide short-term treatments that can be safely administered in the home See Also: setting.The daily benefit for home Case Management,page 41. skilled nursing services will not exceed Precertzfication,page 39• the daily rate for a comparable level of care in a facility setting, and annual benefits will not exceed the total amount we would pay in one year for a Z5S 38H 18 Form Number:Wellmark IA Grp/DE—1009 l Details—Covered and Not Covered Home/Durable Medical Service Maximum: Equipment ■ 15 days per lifetime for inpatient Covered: Equipment that meets all of the hospice respite care. following requirements: ■ 15 days per lifetime for outpatient • Durable enough to withstand repeated hospice respite care. use. ■ Not more than five days of hospice • Primarily and customarily respite care at a time. manufactured to serve a medical See Also: purpose. • Used to serve a medical purpose. Precertification,page 39• In addition,we determine whether to pay Hospitals and Facilities the rental amount or the purchase price Covered: Hospitals and other facilities that amount for an item,and we determine the meet standards of licensing,accreditation or length of any rental term. Benefits will never certification. Following are some recognized exceed the lesser of the amount charged or facilities: the maximum allowable fee. Ambulatory Surgical Facility.This See Also: type of facility provides surgical services Medical and Surgical Supplies later in this on an outpatient basis for patients who section. do not need to occupy an inpatient hospital bed. Orthotics later in this section. Chemical Dependency Treatment Personal Convenience Items in the section Facility.This type of facility provides General Conditions of Coverage, treatment of chemical dependency and Exclusions, and Limitations,page 33• must be licensed and approved by Prosthetic Devices later in this section. Wellmark. Prior Approval,page 40. Community Mental Health Center. This type of facility provides outpatient Hospice Services treatment of mental health conditions Covered: Care(generally in a home and must be licensed and approved by setting)for patients who are terminally ill Wellmark. and who have a life expectancy of six Hospital.This type of facility provides months or less.Hospice care covers the for the diagnosis,treatment,or care of same services as described under Home injured or sick persons on an inpatient Health Services, as well as hospice respite and outpatient basis.The facility must care from a facility approved by Medicare or be licensed as a hospital under by the Joint Commission for Accreditation applicable law. of Health Care Organizations(JCAHO). Nursing Facility.This type of facility Hospice respite care offers rest and relief provides continuous skilled nursing help for the family caring for a terminally ill services as ordered and certified by your patient.Inpatient respite care can take place attending physician on an inpatient in a nursing home, nursing facility, or basis.A registered nurse(R.N.)must hospital. Hospice care must be precertified. supervise services and supplies on a 24 hour basis.The facility must be licensed as a nursing facility under applicable law. Form Number: Wellmark IA Grp/DE-1009 19 Z5S 38H Details—Covered and Not Covered Service Maximum: Inhalation Therapy ■ go days per benefit year for skilled Covered: Respiratory or breathing nursing services in a hospital or nursing treatments to help restore or improve facility. breathing function. Not covered: Maternity Services • Residential Treatment Facility.This type Covered: Prenatal and postnatal care, of facility provides treatment for severe, delivery, including complications of persistent,or chronic mental health pregnancy.A complication of pregnancy conditions or chemical dependency that refers to a cesarean section that was not meets all of the following criteria: planned, an ectopic pregnancy that is — Treatment is provided in a 24-hour terminated, or a spontaneous termination of residential setting. pregnancy that occurs during a period of — Treatment involves therapeutic gestation in which a viable birth is not intervention and specialized possible. Complications of pregnancy also programming with a high degree of include conditions requiring inpatient structure and supervision. hospital admission(when pregnancy is not Treatment includes training in basic terminated)whose diagnoses are distinct skills such as social skills and from pregnancy but are adversely affected activities of daily living. by pregnancy or are caused by pregnancy. — Treatment does not require daily In accordance with federal or applicable supervision of a physician. state law, maternity services include a • Psychiatric Medical Institution for minimum of: Children. ■ 48 hours of inpatient care(in addition to the day of delivery care)following a Illness or Injury Services vaginal delivery,or Covered: Services or supplies used to treat ■ 96 hours of inpatient care(in addition to any bodily disorder,bodily injury,disease, the day of delivery)following a cesarean or mental health condition unless section. specifically addressed elsewhere in this section.This includes pregnancy and A practitioner is not required to seek complications of pregnancy. Wellmark's review in order to prescribe a Treatment may be received from an length of stay of less than 48 or 96 hours. approved provider in any of the following The attending practitioner,in consultation with the mother, may discharge the mother settings: or newborn prior to 48 or 96 hours, as • Home. applicable. • Inpatient(such as a hospital or nursing If the inpatient hospital stay is shorter, facility). coverage includes a follow-up postpartum • Office(such as a doctor's office). home visit by a registered nurse(R.N.).This • Outpatient. nurse must be from a home health agency See Also: under contract with Wellmark or employed by the delivering physician. Precertification,page 39. See Also: Coverage Change Events,page 57. Z5S 38H 20 Form Number:Wellmark IA Grp/DE-1009 Details—Covered and Not Covered Medical and Surgical To qualify for mental health treatment Supplies benefits,the following requirements must be met: Covered: Medical supplies and devices such as: ■ The disorder is listed only as a mental health condition in the most current • Dressings and casts. "International Classification of Diseases, • Oxygen and equipment needed to Ninth Revision,Clinical Modification" administer the oxygen. (ICD-9-CM) and not dually listed Not Covered: elsewhere in the ICD-9-CM. ■ The disorder is not a chemical • Elastic stockings or bandages including dependency condition. trusses,lumbar braces,garter belts, and similar items that can be purchased Not Covered: without a prescription. ■ Certain disorders related to early • Insulin syringes or supplies. childhood,such as academic See Also: underachievement disorder. ■ Communication disorders,such as Home/Durable Medical Equipment earlier stuttering and stammering. in this section. ■ Impulse control disorders,such as Orthotics later in this section. pathological gambling. Blue Rx Preferred,page 26. ■ Nonpervasive developmental and learning disorders. Personal Convenience Items in the section ■ Sensitivity,shyness,and social General Conditions of Coverage, withdrawal disorders. Exclusions, and Limitations,page 33. ■ Sexual identification or gender Prosthetic Devices later in this section. disorders. ■ Residential facility services. Mental Health Services Covered:Treatment for certain See Also: psychiatric,psychological,or emotional Hospitals and Facilities earlier in this conditions as an inpatient or outpatient. section. Recognized facilities for mental health services include licensed and accredited Morbid Obesity Treatment community mental health centers that Covered: Weight reduction surgery provide mental health services on an provided you meet eligibility criteria for age outpatient basis. and medical condition and history.Not all Coverage includes diagnosis and treatment procedures classified as weight reduction of these biologically based mental illnesses: surgery are covered. Prior approval for weight reduction surgery is strongly • Schizophrenia. recommended. For information on how to • Bipolar disorders. submit a prior approval request,refer to • Major depressive disorders. Prior Approval in the Notification • Schizo-affective disorders. Requirements and Care Coordination • Obsessive-compulsive disorders. section of this coverage manual,or call the • Pervasive developmental disorders. Customer Service number on your ID card. For the criteria we use to determine prior • Autistic disorders. approval,you may call the Customer Service Form Number: Wellmark IA Grp/DE—1009 21 Z5S 38H Details—Covered and Not Covered number on your ID card or visit our Web medical condition that requires site at www.wellmark.com. hospitalization. Not Covered: OrthOtics ■ Weight reduction programs or supplies Not Covered: Orthotic foot devices such as (including dietary supplements,foods, arch supports or in-shoe supports, equipment,lab testing,examinations, orthopedic shoes, elastic supports,or and prescription drugs),whether or not examinations to prescribe or fit such weight reduction is medically devices. appropriate. See Also: See Also: Home/Durable Medical Equipment earlier Prior Approval,page 40• in this section. Motor Vehicles Personal Convenience Items in the section General Conditions of Coverage, Not Covered: Purchase or rental of motor Exclusions, and Limitations,page 33• vehicles such as cars or vans.You are also not covered for equipment or costs Prosthetic Devices later in this section. associated with converting a motor vehicle to accommodate a disability. Physical Therapy Covered. Musculoskeletal Treatment Not Covered: Physical therapy provided as Covered: Outpatient nonsurgical an inpatient in the absence of a separate treatment of ailments related to the medical condition that requires musculoskeletal system,such as hospitalization. manipulations or related procedures to treat musculoskeletal injury or disease. Physicians and Practitioners Not Covered: Massage therapy. Covered: Most services provided by practitioners that are recognized by us and Nonmedical Services meet standards of licensing,accreditation or Not Covered: Such services as telephone certification. Following are some recognized consultations,charges for failure to keep physicians and practitioners: scheduled appointments,charges for Advanced Registered Nurse completion of any form,charges for medical Practitioners(ARNP).An ARNP is a information, and educational or recreational registered nurse with advanced training therapy or services or supplies that are in a specialty area who is registered with nonmedical. the Iowa Board of Nursing to practice in an advanced role with a specialty - Occupational Therapy designation of certified clinical nurse Covered: Services are covered,but only specialist,certified nurse midwife, those services to treat the upper extremities, certified nurse practitioner,or certified which means the arms from the shoulders to registered nurse anesthetist. the fingers. Audiologists. Not Covered: Chiropractors. • Occupational therapy supplies. Doctors of Osteopathy(D.O.). • Occupational therapy provided as an inpatient in the absence of a separate Licensed Independent Social Workers. Z5S 38H 22 Form Number:Wellmark IA Grp/DE-1009 Details—Covered and Not Covered Medical Doctors (M.D.). supplies as globulin,serum,vaccine, Occupational Therapists.This antitoxin, or antigen used in the provider is covered only when treating prevention or treatment of disease. the upper extremities,which means the Infertility Prescription Drugs. arms from the shoulders to the fingers. Intravenous Administration. Optometrists. Intravenous administration of nutrients, Oral Surgeons. antibiotics, and other drugs and fluids when provided in the home(home Physical Therapists. infusion therapy). Physician Assistants. Nicotine Dependence. Prescription Podiatrists. drugs and devices used to treat nicotine dependence are covered under your Blue Psychologists.Psychologists must Rx Preferred prescription drug plan and have a doctorate degree in psychology not under this medical benefits plan. with two years'clinical experience and However, related medical evaluations meet the standards of a national are covered under this medical benefits register. plan. Speech Pathologists. Self-Administered Injectable Not Covered: Drugs. Self-administered injectable drugs are generally covered under this ■ Athletic Trainers. medical benefits P lan. However,there See Also: are exceptions where self-administered injectable drugs may be covered under Choosing a Provider,page 35. Blue Rx Preferred,your prescription drug plan. For a list of these drugs,visit Prescription Drugs our Web site at www.wellmark.com or Covered: Most prescription drugs and check with your pharmacist or medicines that bear the legend, "Caution, physician. Federal Law prohibits dispensing without a Specialty Self-Administered prescription,"are generally covered under Drugs. Injectable specialty self- Blue Rx Preferred,your prescription drug administered drugs are covered under plan and not under this medical benefits this medical benefits plan. plan. However,there are exceptions when prescription drugs and medicines are Not Covered(some of these may be covered under this medical benefits plan. covered under Blue Rx Preferred,your Prescription drugs and medicines covered Prescription drug plan.See Blue Rx under this medical benefits plan include: Preferred,page 26.): Contraceptives.The following ■ Contraceptives absorbed through the skin. conception prevention, as approved by Insulin. the U.S. Food and Drug Administration: m Oral contraceptives. ■ Contraceptive devices. ■ Prescription drugs and devices used to ■ Implanted contraceptives. treat nicotine dependence.You are also ■ Injected contraceptives. not covered for psychotherapy, and x- Drugs and Biologicals. Drugs and ray and lab services related to nicotine biologicals approved by the Food and dependence. Drug Administration.This includes such Form Number: Wellmark IA Grp/DE—1009 23 Z5S 38H Details—Covered and Not Covered ■ Non-injectable specialty self- See Also: administered drugs. Hearing Services earlier in this section. See Also: Vision Services later in this section. Prior Authorization,page 42. Prosthetic Devices Preventive Care Covered: Devices used as artificial Covered: substitutes to replace a missing natural part of the body or to improve, aid,or increase • Physical examinations and related the performance of a natural function. preventive services such as: — Gynecological examinations. Also covered are braces,which are rigid or — Immunizations. semi-rigid devices commonly used to support a weak or deformed body part or to Mammograms. restrict or eliminate motion in a diseased or — Pap smears. injured part of the body. Braces do not • Well-child care including age- include elastic stockings,elastic bandages, appropriate pediatric preventive garter belts, arch supports,orthodontic services, as defined by current devices,or other similar items. recommendations for Preventive Not Covered: Pediatric Health Care of the American Academy of Pediatrics. Pediatric ■ Devices such as eyeglasses and air preventive services shall include, at conduction hearing aids or minimum, a history and complete examinations for their prescription or physical examination as well as fitting. developmental assessment, anticipatory ■ Elastic stockings or bandages including guidance,immunizations, and trusses,lumbar braces,garter belts,and laboratory services including,but not similar items that can be purchased limited to,screening for lead exposure without a prescription. as well as blood levels. See Also: Service Maximum: Home/Durable Medical Equipment earlier • Well-child care until the child reaches in this section. age seven. Medical and Surgical Supplies earlier in • One routine physical examination per this section. benefit year. • One routine mammogram per benefit Orthotics earlier in this section. year. Personal Convenience Items in the section • One routine gynecological examination General Conditions of Coverage, per benefit year. Exclusions, and Limitations,page 33• Not Covered: Reconstructive Surgery • Routine foot care,including related Covered: Reconstructive surgery primarily services or supplies. intended to restore function lost or • Periodic physicals or health impaired as the result of an illness,injury, examinations,screening procedures, or or a birth defect(even if there is an immunizations performed solely for incidental improvement in physical school,sports, employment,insurance, appearance)including breast reconstructive licensing,or travel. surgery following mastectomy. Breast Z5S 38H 24 Form Number:Wellmark IA Grp/DE—1009 Details—Covered and Not Covered reconstructive surgery includes the ■ Operative and cutting procedures. following: ■ Preoperative and postoperative care. • Reconstruction of the breast on which See Also: the mastectomy has been performed. • Surgery and reconstruction of the other Dental Services earlier in this section. breast to produce a symmetrical Reconstructive Surgery earlier in this appearance. section. • Prostheses. • Treatment of physical complications of Temporomandibular Joint the mastectomy,including Disorder (TMD) lymphedemas. Covered. See Also: Not Covered: Dental extractions,dental Prior Approval,page 40. restorations,or orthodontic treatment for temporomandibular joint disorders. Cosmetic Services earlier in this section. Transplants Self Help Programs Covered: Not Covered: Self-help and self-cure ■ Certain bone marrow/stem cell transfers products or drugs. from a living donor. Sleep Apnea Treatment ■ Heart. Covered: Obstructive sleep apnea ■ Heart and lung. diagnosis and treatments. ■ Kidney. ■ Liver. Not Covered:Treatment for snoring ■ Lung. without a diagnosis of obstructive sleep apnea. ■ Pancreas. ■ Simultaneous pancreas/kidney. Speech Thera ■ Small bowel. P Therapy Covered: Rehabilitative speech therapy treatment. Transplants are subject to Case Management. Not Covered: Charges related to the donation of an organ ■ Speech therapy services not coordinated are usually covered by the recipient's through home health services when the medical benefits plan. However,if donor services are received through a home char g es are excluded by the recipient's plan, health agency. and you are a donor,the charges will be ■ Speech therapy to treat certain covered by this medical benefits plan. developmental,learning,or Service Maximum: communication disorders such as stuttering and stammering. ■ $io,000 per operation for costs associated with a member's See Also: transportation in an ambulance to a Prior Approval,page 40. transplant center. Not Covered: Surgery Covered.This includes the following: ■ Expenses of transporting a living donor. ■ Major endoscopic procedures. Form Number: Wellmark IA Grp/DE—1009 25 Z5S 38H Details—Covered and Not Covered • Expenses related to the purchase of any ■ Eyeglasses or contact lenses,including organ. charges related to their fitting. • Services or supplies related to ■ Eye exercises. mechanical or non-human organs ■ Prescribing of corrective lenses. associated with transplants. ■ Eye examinations for the fitting of • Transplant services and supplies not eyewear. listed in this section including ■ Routine vision examinations. complications and ambulance services. See Also: Wigs or Hairpieces Prior Approval,page 40. Not Covered. Case Management,page 41. X-ray and Laboratory Services Travel or Lodging Costs Covered:Tests,screenings,imagings, and Not Covered. evaluation procedures as identified in the American Medical Association's Current Vision Services Procedural Terminology(CPT)manual, Covered:Vision examinations but only Standard Edition,under Radiology when related to an illness or injury. Guidelines and Pathology and Laboratory Not Covered: Guidelines. ■ Surgery to correct a refractive error(i.e., See Also: when the shape of your eye does not Preventive Care earlier in this section. bend light correctly resulting in blurred images). Blue Rx Preferred You are covered for most prescription drugs that bear the legend,"Caution,Federal Law Branded Generic prohibits dispensing without a prescription" Prescription Drugs and meet the following criteria: Covered: Branded generics that are • Prescribed by a practitioner who is substitute prescription drugs with the same legally authorized to prescribe. active chemical ingredients as brand name • Dispensed by a recognized licensed drugs. g ran A branded generic may retail pharmacy or through the mail Y be treated as a order drug program. brand name drug throughout the industry • Drugs that are medically necessary for for one of the following reasons: your condition. See Medically ■ It is not made under the original patent, Necessary,page 31• but the manufacturer traditionally Covered drugs are limited to those taken makes brand name drugs instead of orally, absorbed through the skin,and generics; or certain injected prescription drugs. Devices ■ The drug's price is not significantly and implants are never covered. lower than that of the brand name drug. Prescription Maximum: ■ Retail Non-Maintenance Prescriptions. A 3o-day supply. Z5S 38H 26 Form Number:Wellmark IA Grp/DE—1009 Details—Covered and Not Covered • Retail Maintenance Prescriptions.A 30- Cosmetic Drugs day supply. Not Covered: Prescription drugs that are • Mail Order Non-Maintenance primarily to improve your natural Prescriptions.A 3o-day supply. appearance. • Mail Order Maintenance Prescriptions. A go-day supply. Drugs that are Lost, See Also: Damaged, Stolen, or Used Prior Authorization,page 42. Inappropriately Not Covered. Brand Name Prescription Drugs You Abuse Drugs g Covered:A prescription drug patented by Not Covered: Drugs determined to be abused or otherwise misused by you. the original manufacturer. Prescription Maximum: Generic Prescription Drugs • Retail Non-Maintenance Prescriptions. Covered: Prescription drugs with active A 3o-day supply. therapeutic ingredients chemically identical • Retail Maintenance Prescriptions.A 30- to a brand name drug.These drugs are often day supply. available at a lower cost than their brand- • Mail Order Non-Maintenance name equivalent. Prescriptions.A 3o-day supply. Prescription Maximum: • Mail Order Maintenance Prescriptions. ■ Retail Non-Maintenance Prescriptions. A go-day supply. A 3o-day supply. See Also: ■ Retail Maintenance Prescriptions.A 30- day supply. Prior Authorization,page 42. ■ Mail Order Non-Maintenance Chemical Dependency Drugs Prescriptions.A 3o-day supply. Covered. ■ Mail Order Maintenance Prescriptions. A go-day supply. Contraceptives See Also: Covered: Oral contraceptives and Prior Authorization,page 42. contraceptives absorbed through the skin. Not Covered: Contraceptive devices and Immunization Agents implants. Not Covered: See Also: ■ Immunization agents. Prescription Drugs,page 23. ■ Biological products for allergy immunization,or biological serum, Convenience Packaging blood,blood plasma,and other blood Not Covered:When the cost exceeds the products or fractions. cost of the drug when purchased in its See Also: normal container. Prescription Drugs,page 23. Form Number: Wellmark IA Grp/DE-1009 27 Z5S 38H Details—Covered and Not Covered Impotence Drugs Self-Administered Injectable Covered: If the condition is the result of a Drugs physical illness or injury. Covered. Self-administered injectable drugs are generally covered under your Infertility Drugs medical benefits plan and not under this Not Covered: Prescription drugs prescription drug plan. However,there are necessary to treat male or female infertility. exceptions where self-administered See Also: injectable drugs may be covered under this prescription drug plan. For a list of these Prescription Drugs,page 23. drugs,visit our Web site at www.wellmark.com or check with your Insulin and Supplies pharmacist or physician. Covered: Insulin,needles,syringes,test strips,and lancets. Self-Help Drugs Not Covered: Self-help or self-cure Irrigation Solutions and products or drugs. Supplies Not Covered. Specialty Self-Administered Drugs Nutritional and Dietary Covered: Non-injectable specialty self- Supplements administered drugs. Not Covered: Nutritional or dietary Not Covered: Injectable specialty self- supplements including,but not limited to: administered drugs. Some of these may be • Special dietary formulas. covered under your medical benefits plan. • Herbal products. See Also: • Minerals. Prescription Drugs,page 23. • Supplementary vitamin preparations. • Multivitamins. Therapeutic Devices or • Prenatal vitamins. Medical Appliances Not Covered:Therapeutic devices or Over-the-Counter Products medical appliances including hypodermic Not Covered: Most over-the-counter needles or syringes and home/durable products,including nutritional dietary medical equipment.This exclusion does not supplements. However, certain over-the- apply to needles and syringes for insulin. counter products prescribed by a physician See Also: may be covered.To determine if a particular over-the-counter product is covered,call the Prescription Drugs,page 23. Customer Service number on your ID card. Tobacco Dependency Drugs Sales Tax Covered. Covered: If you purchase a covered prescription drug that is subject to a state Weight Reduction Drugs sales tax,the sales tax amount is covered. Not Covered: Regardless of whether weight reduction is medically appropriate. See Also: Prescription Drugs,page 23. Z5S 38H 28 Form Number:Wellmark IA Grp/DE-1009 Details—Covered and Not Covered Prescription Purchases ■ The refill is not to replace medications Outside the United States that have been lost,damaged,stolen,or used inappropriately. To qualify for benefits for prescription drugs . The refill is for use by the person for purchased outside the United States, all of whom the prescription is written(and the following requirements must be met: not someone else). • You are injured or become ill while in a ■ The refill does not exceed the amount foreign country. authorized by your practitioner. • The prescription drug is FDA-approved ■ The refill is not limited by state law. or an FDA equivalent and has the same name as the FDA-approved drug. You are allowed one early refill per • The prescription drug would require a medication per calendar year if you will be written prescription by a licensed away from home for an extended period of practitioner if prescribed in the U.S. time. • You provide acceptable documentation If traveling within the United States,the that you received a covered service from refill amount will be subject to any a practitioner or hospital and the applicable quantity limits under this practitioner or hospital prescribed the coverage. If traveling outside the United prescription drug. States,the refill amount will not exceed a go-day supply. Quantity Limitations To receive authorization for an early refill, Most prescription drugs are limited to a ask your pharmacist to call us. maximum quantity you may receive in a single prescription.In addition,benefits for certain drugs are limited by month,benefit year,or lifetime,based on Wellmark's medical necessity criteria. For a list of these limited drugs,visit our Web site at www.wellmark.com or check with your pharmacist or physician. However,exceptions may be made for certain prescriptions packaged in a dose exceeding the maximum quantity covered under this Blue Rx Preferred prescription drug plan.To determine if this exception applies to your prescription,call the Customer Service number on your ID card. Refills To qualify for refill benefits,all of the following requirements must be met: ■ Sufficient time has elapsed since the last prescription was written. Sufficient time means that at least 75 percent of the medication has been taken according to the instructions given by the practitioner. Form Number: Wellmark IA Grp/DE-1009 29 Z5S 38H 4. General Conditions of Coverage, Exclusions and Limitations The provisions in this section describe considered effective for the patient's general conditions of coverage and illness,injury or disease. important exclusions and limitations that ■ Not provided primarily for the apply generally to all types of services or convenience of the patient,physician,or supplies. other health care provider,and not more costly than an alternative service or Conditions of Coverage sequence of services at least as likely to Medically Necessary produce equivalent therapeutic or A key general condition in order for you to diagnostic results as to the diagnosis or receive benefits is that the service,supply, treatment of the illness,injury or device, or drug must be medically necessary. disease. Even a service,supply,device,or drug listed An alternative service,supply,device, or as otherwise covered in Details-Covered drug may meet the criteria of medical and Not Covered may be excluded if it is not necessity for a specific condition. If medically necessary in the circumstances. alternatives are substantially equal in Wellmark determines whether a service, clinical effectiveness and use similar supply,device,or drug is medically therapeutic agents or regimens,we reserve necessary, and that decision is final and the right to approve the least costly conclusive. Even though a provider may alternative. recommend a service or supply,it may not be medically necessary. If you receive services that are not medically necessary,you are responsible for the cost A medically necessary health care service is if: one that a provider,exercising prudent clinical judgment,provides to a patient for ■ You receive the services from a the purpose of preventing,evaluating, nonparticipating provider;or diagnosing or treating an illness,injury, ■ You receive the services from a PPO or disease or its symptoms, and is: participating provider in the Wellmark service area and: • Provided in accordance with generally accepted standards of medical practice. — The provider informs you in writing Generally accepted standards of medical before rendering the services that practice are based on: Wellmark determined the services to be not medically necessary; and — Credible scientific evidence — The provider gives you a written published in peer-reviewed medical estimate of the cost for such services literature generally recognized by t and you agree in writing,before he relevant medical community; receiving the services,to assume the — Physician Specialty Society payment responsibility. recommendations and the views of physicians practicing in the relevant If you do not receive such a written clinical area; and notice, and do not agree in writing to — Any other relevant factors. assume the payment responsibility for • Clinically appropriate in terms of type, services that Wellmark determined are frequency, extent,site and duration,and not medically necessary,the PPO or Form Number: Wellmark IA Grp/GC—1009 31 Z5S 38H General Conditions of Coverage,Exclusions,and Limitations participating provider is responsible for ■ The health improvement is attainable these amounts. outside the investigational settings. ■ You are also responsible for the cost if These criteria are considered by the Blue you receive services from a provider Cross and Blue Shield Association's Medical outside of the Wellmark service area Advisory Panel for consideration by all Blue that Wellmark determines to be not Cross and Blue Shield member medically necessary.This is true even if organizations.While we may rely on these the provider does not give you any criteria,the final decision remains at the written notice before the services are discretion of our Medical Director,whose rendered. decision may include reference to,but is not Member Eligibility controlled by,policies or decisions of other Another general condition of coverage is Blue Cross and Blue Shield member that the person who receives services must organizations.You may access our medical meet requirements for member eligibility. policies,with supporting information and selected medical references for a specific See Coverage Eligibility and Effective Date, service,supply,device, or drug through our page 53. Web site,www.wellmark.com. General Exclusions If you receive services that are Even if a service,supply,device,or drug is investigational or experimental,you are listed as otherwise covered in Details- responsible for the cost if: Covered and Not Covered, it is not eligible ■ You receive the services from a for benefits if any of the following general nonparticipating provider;or exclusions apply. ■ You receive the services from a PPO or Investigational or Experimental participating provider in the Wellmark You are not covered for a service,supply, service area and: device, or drug that is investigational or — The provider informs you in writing experimental.A treatment is considered before rendering the services that investigational or experimental when it has Wellmark determined the services to progressed to limited human application be investigational or experimental; but has not achieved recognition as being and proven effective in clinical medicine. — The provider gives you a written To determine investigational or estimate of the cost for such services experimental status,we may refer to the and you agree in writing,before technical criteria established by the Blue receiving the services,to assume the a ent responsibility. Cross and Blue Shield Association, p Ym p onsibili ty. including whether a service,supply,device, If you do not receive such a written or drug meets these criteria: notice, and do not agree in writing to • It has final approval from the assume the payment responsibility for appropriate governmental regulatory services that Wellmark determined to be bodies. investigational or experimental,the PPO • The scientific evidence must permit or participating provider is responsible conclusions concerning its effect on for these amounts. health outcomes. ■ You are also responsible for the cost if • It improves the net health outcome. you receive services from a provider • It is as beneficial as any established outside of the Wellmark service area alternatives. that Wellmark determines to be investigational or experimental.This is Z5S 38H 32 Form Number:Wellmark IA Grp/GC—1009 General Conditions of Coverage,Exclusions,and Limitations true even if the provider does not give ■ Someone else has the legal obligation to you any written notice before the pay for services and without this group services are rendered. health plan,you would not be charged. ■ Prescription drug claims are submitted Complications of a Noncovered Service to another insurance carrier.We will not You are not covered for a complication reimburse you for amounts that are resulting from a noncovered service, supply, unpaid by your other carrier,including deductible, coinsurance,or copayments. device,or drug. However,this exclusion does not apply to the treatment of ■ You require services or supplies for an complications resulting from smallpox illness or injury sustained while on vaccinations when payment for such active military status. treatment is not available through workers' Workers'Compensation compensation or government-sponsored You are not covered for services or supplies programs. that are compensated under workers' Nonmedical Services compensation laws,including services or You are not covered for telephone supplies applied toward satisfaction of any consultations,charges for missed deductible under your employer's workers' appointments,charges for completion of compensation coverage.You are also not any form,or charges for information. covered for any services or supplies that could have been compensated under Personal Convenience Items workers'compensation laws if you had You are not covered for items used for your complied with the legal requirements personal convenience,such as: relating to notice of injury,timely filing of • Items not primarily and customarily claims,and medical treatment manufactured to serve a medical authorization. purpose or which can be used in the For treatment of complications resulting absence of illness or injury(including, from smallpox vaccinations,see but not limited to, air conditioners, Complications of a Noncovered Service dehumidifiers,ramps,home earlier in this section. remodeling,hot tubs,swimming pools); or Benefit Limitations • Items that do not serve a medical Benefit limitations refer to amounts for purpose or are not needed to serve a which you are responsible under this group medical purpose. health plan.These amounts are not credited toward your out-of-pocket maximum. In Provider Is Family Member addition to the exclusions and conditions You are not covered for a service or supply described earlier,the following are received from a provider who is in your examples of benefit limitations under this immediate family(which includes yourself, group health plan: parent, child,or spouse or domestic partner). ■ A service or supply that is not covered under this group health plan is your Covered by Other Programs or Laws responsibility. You are not covered for a service,supply, ■ If a covered service or supply reaches a device, or drug if: service or prescription maximum,it is ■ You are entitled to claim benefits from a no longer eligible for benefits. (A governmental program(other than maximum may renew at the next benefit Medicaid). year.)See Details—Covered and Not Covered,page 15. Form Number: Wellmark IA Grp/GC—1009 33 Z5S 38H General Conditions of Coverage,Exclusions,and Limitations • If you receive total benefits in an amount that reaches a lifetime benefits maximum,you are no longer eligible for benefits under this group health plan. See Lifetime Benefits Maximum,page 6, and At a Glance—Covered and Not Covered,page 9. • If you do not obtain precertification for medical services,benefits can be reduced or denied.You are responsible for these benefit reductions only if you are responsible(not your provider)for notification.A PPO provider will handle notification requirements for you. See Notification Requirements and Care Coordination,page 39• • If you do not obtain prior authorization for prescription drugs,benefits can be reduced or denied. See Notification Requirements and Care Coordination, page 39 • The type of provider you choose can affect your benefits and what you pay. See Choosing a Provider,page 35, and Factors Affecting What You Pay,page 45• Examples of charges that depend on the type of provider include but are not limited to: — Any difference between the provider's amount charged and our amount paid is your responsibility if you receive services from a nonparticipating provider. Z5S 38H 34 Form Number:Wellmark IA Grp/GC_1009 S. Choosing a Provider Alliance Select This medical benefits plan is called Alliance provider,visit our Web site at Select. www.wellmark.com, or www.bcbs.com, It relies on a preferred provider refer to your provider directory(a separate organization(PPO) network,which consists document that's available,without charge), of providers that participate directly with or call 800-810-BLUE. Alliance Select and providers that For types of providers that may be covered participate with other Blue Cross and/or under this medical benefits plan,see Blue Shield preferred provider Hospitals and Facilities,page 19 and organizations(PPOs).These PPO providers Physicians and Practitioners,page 22. offer services to members of contracting Please note: Even though a facility may be medical benefits plans at a reduced cost, PPO or participating,particular providers which usually results in the least expense for within the facility may not be PPO or you. participating providers. Examples include Non-PPO providers are either participating nonparticipating physicians on the staff of a or nonparticipating. If you are unable to PPO or participating hospital,home medical utilize a PPO provider,it is usually to your equipment suppliers,and other advantage to visit what we call a independent providers.Therefore,when you participating provider. Participating are referred by a PPO or participating providers participate with a Blue Cross provider to another provider,or when you and/or Blue Shield Plan,but not with a are admitted into a facility, always ask if the PPO. providers contract with a Blue Cross and/or Other providers are considered Blue Shield Plan. nonparticipating, and you will usually pay Always carry your ID card and present it the most for services you receive from them. when you receive services. Information on See What You Pay, page 3 and Factors it,especially the ID number,is required to Affecting What You Pay,page 45. process your claims correctly. To determine if a provider participates with Pharmacies do not participate with Alliance this medical benefits plan,ask your Select. Form Number: Wellmark IA Grp/CP_1009 35 Z5S 38H Choosing a Provider Provider Comparison Chart Q. Q.. Q a o CL a z Accepts Blue Cross and/or Blue Shield payment arrangements. Yes Yes No Minimizes your payment obligations. See What You Pay,page 3. Yes No No Claims are filed for you. Yes Yes No Blue Cross and/or Blue Shield pays these providers directly. Yes Yes No Notification requirements are handled for you. Yes* No No *If you visit a PPO provider outside the Wellmark service area,you are responsible for notification requirements.See Services Outside the Wellmark Service Area later in this section. BlueCard PPO providers contract with the Services Outside the Blue Cross and/or Blue Shield preferred Wellmark Service Area provider organization(PPO)in their home Whenever possible,before receiving services state. outside the Wellmark service area,you When you receive covered services from should ask the provider if he or she BlueCard providers outside the Wellmark participates with a Blue Cross and/or Blue service area, all of the following statements Shield Plan in that state.To locate PPO are true: providers in any state,call 800-8lo- ■ Claims are filed for Y ou. BLUE,or visit www.bcbs.com. ■ These providers agree to accept payment Iowa and South Dakota comprise the arrangements or negotiated prices of the Wellmark service area. Blue Cross and/or Blue Shield Plan with BlueCard Program.We participate with which the provider contracts.These other Blue Cross and Blue Shield Plans in a payment arrangements may result in national program called the BlueCard savings. Program.This program ensures that ■ The health plan payment is sent directly members of any Blue Plan have access to the to the providers. advantages of PPO providers throughout the United States. When you receive covered services from BlueCard providers outside the Wellmark The BlueCard Program is one of the service area,you are responsible for advantages of your coverage with Wellmark notification requirements.See Notification Blue Cross and Blue Shield of Iowa. It Requirements and Care Coordination,page provides conveniences and benefits outside 39• the Wellmark service area similar to those you would have within our service area Care in a Foreign Country when you obtain covered medical services For covered services you receive in a from a BlueCard PPO provider.Always country other than the United States, carry your ID card(or BlueCard) and payment level assumes the provider present it to your provider when you receive category is nonparticipating except for care. Information on it,especially the ID services received from providers that number,is required to process your claims participate with BlueCard Worldwide. correctly. Z5S 38H 36 Form Number:Wellmark IA Grp/CP_1009 Choosing a Provider Blue Rx Preferred ■ The participating pharmacist can access Choosing a Pharmacy your benefit information,verify your This prescription drug plan is called Blue Rx eligibility,check whether the Preferred.Pharmacies that participate with prescription is a benefit under the Blue the network used by Blue Rx Preferred are Rx Preferred prescription drug plan,list called participating pharmacies. Pharmacies the amount you are expected to pay, and that do not participate with the network are suggest generic alternatives. called nonparticipating pharmacies. Always Present Your ID Card To determine if a pharmacy is participating, If you do not have your ID card with you ask the pharmacist, consult the Blue Rx when you fill a prescription at a Preferred directory of participating participating pharmacy,the pharmacist may pharmacies(a separate document available not be able to access your benefit without charge),visit our Web site at information. In this case: www.wellmark.com,or call us. ■ You must pay the full amount charged at Blue Rx Preferred allows you to purchase the time you receive your prescription, covered prescription drugs from almost any and the amount we reimburse you may pharmacy you choose. However,you will be less than what you paid.You are usually pay more for prescription drugs responsible for this difference. when you purchase them from ■ You must file your claim to be nonparticipating pharmacies.We reimbursed. See Claims,page 61. recommend you: • Fill your prescriptions at a participating Mail Order Drug Program retail pharmacy or through the mail You must register as a mail service user in order drug program. See Mail Order order to fill your prescription(s)through the Drug Program later in this section. mail order drug program. For information • Advise your physician that you are on how to register,visit our Web site, covered under Blue Rx Preferred. www.wellmark.com, or call the Customer • Always present your ID card when filling Service number on your ID card. prescriptions.Your ID card enables participating pharmacists to access your benefits information. Advantages of Visiting Participating Pharmacies When you fill your prescription at participating pharmacies: • You will usually pay less. If you use a nonparticipating pharmacy,you must pay the amount charged at the time of purchase, and the amount we reimburse you may be less than what you paid.You are responsible for this difference. • The participating pharmacist can check whether your prescription is subject to prior authorization or quantity limits. Form Number: Wellmark IA Grp/CP_1009 37 Z5S 38H 6. Notification Requirements and Care Coordination Alliance Select Many services require a notification to us or a review by us. If you do not follow notification requirements properly,you may have to pay for services yourself,so the information in this section is critical. More than one of the notification requirements and care coordination programs described in this section may apply to a service.Any notification or care coordination decision is based on the medical benefits plan in effect at the time of your request. If your coverage changes for any reason,you may be required to repeat the notification process. You or your authorized representative,if you have designated one,may appeal a denial or reduction of benefits resulting from these notification requirements and care coordination programs. See Appeals,page 69.Also see Authorized Representative,page 75. Precertification Purpose Precertification helps determine whether a service or admission to a facility is medically necessary.This notification requirement is mandatory;however,it does not apply to maternity or emergency services. Applies to Acute Rehabilitation Facility Services Home Health Services Home Infusion Therapy Hospice Services Nursing Facility Services Facilities Outside Iowa or South Dakota Person PPO providers in the states of Iowa and South Dakota obtain precertification for Responsible you. However,you or someone acting on your behalf are responsible for notifying us if: ■ You are admitted to a facility outside Iowa or South Dakota; • You receive any of the services listed above from a participating or nonparticipating provider. Process When you,instead of your PPO provider, are responsible for precertification, call the phone number on your ID card before receiving services. Wellmark will respond to a precertification request within: ■ 72 hours in a medically urgent situation; ■ 15 days in a non-medically urgent situation. Form Number:Wellmark IA Grp/NR—1009 39 Z5S 38H Notification Requirements and Care Coordination Importance If you choose to receive any service subject to precertification and we determine that the procedure was not medically necessary,you will be responsible for the charges. If we determine the procedure is medically necessary and otherwise covered, without precertification,benefits will be reduced by 50%of the maximum allowable fee,after which we subtract your applicable payment obligations.The maximum reduction will not exceed$500 per admission.See Maximum Allowable Fee,page 47.You are subject to this benefit reduction only if you (instead of your PPO provider)are responsible for notification. Reduced or denied benefits that result from failure to follow notification requirements are not credited toward your out-of-pocket maximum.See What You Pay,page 3. Prior Approval Purpose Prior approval helps determine whether a proposed treatment plan is medically necessary and a benefit under your medical benefits plan before you receive services.This notification is recommended. Applies to The most common services for which we recommend prior approval include,but are not limited to,the following list. For a complete list of services subject to prior approval,visit www.wellmark.com or call the Customer Service number on your ID card. Bone Growth Stimulation Devices Genetic Testing Infertility Procedures including all forms of in vitro fertilization Motorized Wheelchairs and Other Power-Operated Vehicles Reconstructive Surgery Speech Therapy Transplants Weight Reduction Surgery Person PPO providers request prior approval for you.You are responsible for prior Responsible approval if you receive the care from a participating or nonparticipating provider. Process When you,instead of your provider, are responsible for requesting prior approval, call the number on your ID card to obtain a prior approval form and ask the provider to help you complete the form. Wellmark will determine whether the requested service is medically necessary and eligible for benefits based on the written information submitted to us.We will respond to a prior approval request by mailing the decision to the most current address on record for both you and your provider within: ■ 72 hours in a medically urgent situation. ■ 15 days in a non-medically urgent situation. Z5S 38H 40 Form Number: Wellmark IA Grp/NR—1009 Notification Requirements and Care Coordination Importance If your request is approved,the service is covered provided other contractual requirements,such as member eligibility and service maximums, are observed. If your request is denied,the service is not covered, and you will receive a notice with the reasons for denial. If you do not request prior approval for a service,it may not be covered. Approved services are eligible for benefits for a limited time.Approval is based on the medical benefits plan in effect and the information we had as of the approval date. If your coverage changes for any reason(for example,because of a new job or a new medical benefits plan),an approval may not be valid. If your coverage changes before the approved service is performed,a new approval is recommended. Note:An admission to a facility outside Iowa or South Dakota to receive a service for which prior approval is recommended is also subject to precertification. See Precertification earlier in this section. Continued Stay Review Purpose Continued stay review helps determine whether ongoing care is medically necessary.This care coordination program occurs without any notification required from you. Applies to Acute Rehabilitation Facility Services Inpatient Skilled Nursing Services Home Health Services Home Infusion Therapy Hospice Services Nursing Facility Services Person Wellmark Responsible Process Wellmark may review your case to determine whether your current level of care is medically necessary. Importance Wellmark may require a change in the level or place of service in order to continue providing benefits. If we determine that your current level of care is no longer medically necessary, we will notify you,your attending physician,and the facility or agency at least 24 hours before your benefits for these services end. Case Management Purpose Case management is a process of considering alternative treatments for members with severe illnesses or injuries that require costly,long-term care. Depending on the individual circumstances,a hospital may not be the most appropriate setting for treatment. Form Number:Wellmark IA Grp/NR_1009 41 Z5S 38H Notification Requirements and Care Coordination Applies to Examples where case management might be appropriate include but are not limited to: Brain or Spinal Cord Injuries Cystic Fibrosis Degenerative Muscle Disorders Hemophilia Home Health Services Pregnancy(high risk) Transplants Person You,your physician, and the health care facility can work with Wellmark's case Responsible managers to identify and arrange alternative treatment plans to meet special needs.Wellmark may initiate a request for case management. Process Wellmark's case managers try to identify alternative settings or treatment plans, P rovided costs do not exceed those of an inpatient facility.A benefit program is tailored to the circumstances of the case. Even if a service is not covered or is subject to a specific limitation,Wellmark may waive exclusions or limitations with the agreement of its medical director. If your current level or setting of care is no longer medically necessary,you,your attending physician, and the facility or agency will be notified at least 24 hours before benefits end. Importance Case management provides an opportunity to receive alternative benefits to meet special needs.Wellmark may recommend a different treatment plan that preserves coverage. Blue Rx Preferred Prior Authorization of Drugs Purpose Prior authorization allows us to verify that a prescription drug is part of a specific treatment plan and is medically necessary. In some cases prior authorization may also allow a drug that is normally excluded to be covered if it is part of a specific treatment plan and medically necessary. Applies to Prior authorization is required for a number of particular drugs.Visit www.wellmark.com or check with your pharmacist or practitioner to determine whether prior authorization applies to a drug that has been prescribed for you. Z5S 38H 42 Form Number: Wellmark IA Grp/NR—1009 Notification Requirements and Care Coordination Process Ask your practitioner to call us with the necessary information. If your practitioner has not provided the prior authorization information,participating pharmacists usually ask for it,which may delay filling your prescription.To avoid delays,encourage your provider to complete the prior authorization process before filling your prescription.Nonparticipating pharmacists will fill a prescription without prior authorization but you will be responsible for paying the charge. Wellmark will respond to a prior authorization request within: ■ 72 hours in a medically urgent situation. ■ 15 days in a non-medically urgent situation. Calls received after P .:oo .m. are considered the next business day. Y Importance If you purchase a drug that requires prior authorization but do not request prior authorization,you are responsible for paying the entire amount charged. Form Number:Wellmark IA Grp/NR_1009 43 Z5S 38H 7. Factors Affecting What You Pay How much you pay for covered services is affected by many different factors discussed in this section. Alliance Select Benefit Year How Coinsurance is A benefit year is the same as a calendar Calculated year. It begins on the effective date of the The amount on which coinsurance is agreement between Wellmark Blue Cross calculated depends on the state where you and Blue Shield of Iowa and your employer receive a covered service and the or group sponsor and starts over each contracting status of the provider. January 1.Your benefit year continues even if: PPO Providers in the Wellmark Service Area and All Participating and • Your employer or group sponsor Nonparticipating Providers changes Wellmark group health plan Excluding PPO office and independent lab benefits during the year. services,coinsurance is calculated using the • A dependent child is removed from payment arrangement amount after the family coverage because of completion following amounts(if applicable) are of schooling. subtracted from it: • A member is removed from coverage ■ Deductible. and enrolls in COBRA. ■ Amounts representing any general If you change coverage and your Wellmark exclusions and conditions. See General identification number is changed, a new Conditions of Coverage,Exclusions, and benefit year will start under the new ID Limitations,page 31. number for the rest of the calendar year. In PPO Providers'Office and this case,the benefit year would be less than Independent Lab Services a full year. For covered independent lab services you If you are an inpatient in a covered facility receive from a PPO provider in the on the date your benefit year renews,your Wellmark service area,coinsurance is benefit limitations and payment obligations calculated using the amount charged after for facility services will also renew and will the following amounts(if applicable) are be based on the amounts in effect on the subtracted from it: date you were admitted. However,your ■ Amounts representing any general payment obligations for practitioner exclusions and conditions. See General services will be based on the amounts in Conditions of Coverage,Exclusions, and effect on the day you receive services. Limitations,page 31. The benefit year is important for B1ueCard PPO Providers Outside the calculating: Wellmark Service Area • Deductible. The coinsurance for covered services is • Coinsurance. calculated on the lower of: ■ Out-of-pocket maximum. ■ The amount charged for the covered • Service maximum. service,or Form Number: Wellmark IA GrpNP_1009 45 Z5S 38H Factors Affecting What You Pay ■ The payment arrangement or negotiated Statutes in a few states may require the local price that the local Blue Cross or Blue Blue Plan to use a basis for calculating your Shield Plan passes on to Wellmark after payment obligation for covered services that the following amounts(if applicable) are does not reflect the entire savings realized, subtracted from it: or expected to be realized,on a particular — Deductible. claim or to add a surcharge. In such a case, — Amounts representing any general Wellmark would calculate your payment exclusions and conditions. See obligation in accordance with the applicable General Conditions of Coverage, state statute in effect at the time you Exclusions, and Limitations,page received your care. For more information, 31. see BlueCard Program,page 36. Often,the payment arrangement or PPO Providers negotiated price consists of a simple Blue Cross and Blue Shield Plans have discount that reflects the actual price paid contracting relationships with PPO by the local Blue Plan.Sometimes,it is an providers.When you receive services from estimated price that factors in expected PPO providers: settlements,withholds,and other ■ The PPO amounts for the following are contingent payment arrangements and non- claims transactions with the health care waived for certain covered services. See provider or a specific group of providers. Waived Payment Obligations,page 6. The payment arrangement or negotiated — Deductible. price may also be charged amounts reduced — Coinsurance. to reflect an average expected savings with ■ The PPO amounts for the following are the provider or group of providers.A price less than the participating and that reflects average savings may result in nonparticipating amounts. greater variation from the actual price paid — Coinsurance. than will an estimated price.The payment ■ These providers agree to accept arrangement or negotiated price may also Wellmark's payment arrangements or be adjusted in the future to correct for over- payment arrangements or negotiated or under-estimates of past prices;however, prices of the Blue Cross and Blue Shield the amount you pay is considered a final Plan with which the provider contracts. price. These payment arrangements may result Occasionally,claims for services you receive in savings. from a provider that participates with a Blue ■ The health plan payment is sent directly Cross and/or Blue Shield Plan outside of to the provider. Iowa or South Dakota may need to be processed by Wellmark instead of by the Nonparticipating Providers BlueCard Program.In that case, Wellmark and Blue Cross and/or Blue coinsurance is calculated using the amount Shield Plans do not have contracting charged for covered services after the relationships with nonparticipating following amounts(if applicable) are providers, and they may not accept our subtracted from it: payment arrangements.Therefore,when • Deductible. you receive services from nonparticipating • Amounts representing any general providers: exclusions and conditions. See General ■ You are responsible for any difference Conditions of Coverage,Exclusions, and between the amount charged and our Limitations,page 31. payment for a covered service. In the case of services received outside Iowa or Z5S 38H 46 Form Number:Wellmark IA Grp/YP_1009 i Factors Affecting What You Pay South Dakota,our maximum payment The savings from payment arrangements for services by a nonparticipating and other important amounts will appear on provider may be the lesser of Wellmark's your Explanation of Benefits statement as maximum allowable fee or the amount follows: allowed by the Blue Cross or Blue Shield . Network Savings,which reflects the Plan in the state where the provider is amount you save on a claim by receiving located.See Services Outside the services from a participating or PPO Wellmark Service Area,page 36. provider. For the majority of services, • Wellmark does not make claim the savings reflects the actual amount payments directly to these providers. you save on a claim. However, You are responsible for ensuring that depending on many factors,the amount your provider is paid in full. we pay a facility could be different from • The health plan payment for the covered charge. Regardless of the nonparticipating hospitals,M.D.s, and amount we pay a facility,your payment D.O.s in Iowa is made payable to the responsibility will always be based on provider,but the check is sent to you. the lesser of the covered charge or the You are responsible for forwarding the maximum allowable fee. check to the provider(plus any billed ■ Amount Not Covered,which reflects the balance you may owe). portion of provider charges not covered Amount Charged and under this health plan and for which you are responsible.This amount may Maximum Allowable Fee include services or supplies not covered; Amount Charged amounts in excess of a service The amount charged is the amount a maximum,benefit year maximum,or provider charges for a service or supply, lifetime benefits maximum; reductions regardless of whether the services or for failure to follow a required supplies are covered under this medical precertification; and the difference benefits plan. between the amount charged and the maximum allowable fee for services Maximum Allowable Fee from a nonparticipating provider. For The maximum allowable fee is the amount, general exclusions and examples of established by Wellmark,using various benefit limitations,see General methodologies,for covered services and Conditions of Coverage,Exclusions, and supplies.Wellmark's amount paid may be Limitations,page 31. based on the lesser of the amount charged ■ Amount Paid by Health Plan,which for a covered service or supply or the reflects our payment responsibility to a maximum allowable fee. provider or to you.We determine this amount by subtracting the following Payment Arrangements amounts(if applicable)from the amount Payment Arrangement Savings charged: Wellmark has contracting relationships with — Deductible. PPO providers.We use different methods to — Coinsurance. determine payment arrangements, — Copayment. including negotiated fees.These payment — Amounts representing any general arrangements usually result in savings. exclusions and conditions. — Network savings. Form Number: Wellmark IA GrpNP_1009 47 Z5S 38H Factors Affecting What You Pay Payment Method for Services the list. Physicians may prescribe any Provider payment arrangements are medication, and that medication will be calculated using industry methods, covered unless it is specifically excluded including ut not limited to fee schedules, under this medical benefits plan,or other g P per diems,percentage of charge,per case,or limitations apply. negotiated fees. Some provider payment To determine if a drug is on the Wellmark arrangements may include an amount Drug List,ask your physician,pharmacist, payable to the provider based on the provider's performance. Performance-based or visit our Web site, www.wellmark.com. amounts that are not distributed are not The Wellmark Drug List is subject to allocated to your specific group or to your change. specific claims and are not considered when determining any amounts you may owe.We Pharmacy Benefits Manager reserve the right to change the methodology Fees and Drug Company we use to calculate payment arrangements Rebates based on industry practice or business need. Wellmark contracts with a pharmacy PPO and participating providers agree to benefits manager to provide pharmacy accept our payment arrangements as full benefits management services to its settlement for providing covered services, accounts,such as your group.Your group is except to the extent of any amounts you may to pay a monthly fee for such services. owe. Drug manufacturers offer rebates to Wellmark Dru g List pharmacy benefits managers.After your Most prescription drugs are covered under group has had Wellmark prescription drug Blue Rx Preferred,your prescription drug coverage for at least nine months,the plan. pharmacy benefits manager contracting Often there is more than one medication with Wellmark will calculate,on a quarterly basis,your group's use of drugs for which available to treat the same medical rebates have been paid.Wellmark receives condition.The Wellmark Drug List contains these rebates.Your group will be credited drugs physicians recognize as medically with rebate amounts forwarded to us by the effective for a wide range of health pharmacy benefits manager unless your conditions. group's arrangement with us requires us to The Wellmark Drug List was developed with reduce such rebated amounts by the amount the assistance of physicians,pharmacists, of any fees we paid to the pharmacy benefits and Wellmark's pharmacy benefits manager for the services rendered to your manager. It is not a required list of group.We will not distribute these rebate medications and physicians are not limited amounts to you,and rebates will not be to prescribing only the drugs that appear on considered when determining your payment obligations. Blue Rx Preferred Benefit Year Wellmark Drug List A benefit year is the same as a calendar Often there is more than one medication year. It begins on the effective date of the available to treat the same medical agreement between Wellmark Blue Cross condition. The Wellmark Drug List contains and Blue Shield of Iowa and your employer drugs physicians recognize as medically or group sponsor and starts over each effective for a wide,range of health January 1. conditions. Z5S 38H 48 Form Number:Wellmark IA GrpNP_1009 Factors Affecting What You Pay The Wellmark Drug List was developed with identical to its brand name drug the assistance of physicians,pharmacists, counterpart. and Wellmark's pharmacy benefits manager. It is not a required list of Brand Name Drug medications and physicians are not limited Brand name drug is a prescription drug to prescribing only the drugs that appear on patented by the original manufacturer. the list. Physicians may prescribe any Usually,after the patent expires,other medication, and that medication will be manufacturers may make FDA-approved covered unless it is specifically excluded generic copies. under this Blue Rx Preferred prescription Sometimes,a patent holder of a brand name drug plan,or other limitations apply. drug grants a license to another To determine if a drug is on the Wellmark manufacturer to produce the drug under a Drug List,ask your physician,pharmacist, generic name,though it remains subject to or visit our Web site, www.wellmark.com. patent protection and has a nearly identical price. In these cases,Wellmark's pharmacy The Wellmark Drug List is subject to benefits manager may treat the licensed change. product as a brand name drug,rather than Tiers generic,and will calculate your payment The Wellmark Drug List also identifies obligation accordingly. which tier a drug is on: Branded Generic Drug Tier 1.Most generic drugs.Tier 1 drugs Branded generic drug is a substitute have the lowest payment obligation. prescription drug with the same active chemical ingredients as a brand name drug. Tier 2. Selected brand name drugs and This category of drug is treated as a brand branded generic drugs.Many drugs appear name drug throughout the industry for one on this tier because they have no generic or both of the following reasons: equivalent.Tier 2 drugs have an intermediate payment obligation. ■ It is not made under the original patent, but the manufacturer traditionally Tier 3.Other brand name drugs.Many makes brand name drugs instead of drugs appear on this tier because they have generics. reasonable alternatives on Tier 1 or Tier 2. ■ The drugs price is not significantly Tier 3 drugs have the highest payment lower than that of the brand name drug. obligation. Upon introduction of an FDA-approved"A"- What You Pay rated generic equivalent,the generic drug's When you purchase Tier 2 or Tier 3 drugs, Tier 2 counterpart may be moved to Tier 3. you may be responsible for any cost difference between the amount charged for Generic and Brand Name the Tier 2 or Tier 3 drug and the amount Drugs charged for the Tier 1 drug.This amount will be in addition to your copayment. See Generic Drug the following chart. Generic drug refers to an FDA-approved "A"-rated generic drug.This is a drug with active therapeutic ingredients chemically i Form Number: Wellmark IA GrpNP_1009 49 Z5S 38H Factors Affecting What You Pay Situation Applicable Cost Copayment Difference Owed Your prescription is for a generic and you purchase a generic. Tier 1 No copayment Your prescription is for a drug that has an FDA-approved"A'- Tier 1 Yes rated generic equivalent and your physician has not specified copayment that you must take the brand name drug,but you choose to purchase the brand name drug. Your prescription is for a brand name drug and your Tier 2 or 3 No practitioner has specified that a generic is not allowed, and the copayment prescription must be dispensed as written. Your prescription is for a narrow therapeutic index brand Tier 2 or 3 No name drug.This means that a very small change in the dosage copayment level could cause toxic results. Your prescription is for a brand name drug and the FDA does Tier 2 or 3 No not rate an available generic substitute for the brand name copayment drug as"A"-equivalent. Maximum Allowable Fee Quantity Limitations The amount,established by Wellmark using The drug quantity you purchase may affect various methodologies and data(such as the the total number of copayments that apply average wholesale price),payable for per prescription. covered drugs. Most prescription drugs are limited to a The maximum allowable fee may be less maximum quantity you may receive in a than the amount charged for the drug. single prescription. However,exceptions may be made for certain prescriptions Participating vs. packaged in a dose exceeding the maximum Nonparticipating Pharmacies quantity covered under this Blue Rx If you purchase a covered prescription drug Preferred prescription drug plan.To at a nonparticipating pharmacy,you are determine if this exception applies to your responsible for the amount charged for the prescription,call the Customer Service drug at the time you fill your prescription, number on your ID card. and then you must file a claim. In addition,coverage for certain drugs are Once you submit a claim,you will be limited by month,benefit year,or lifetime. reimbursed up to the maximum allowable For a list of limited drugs,check with your fee of the drug,less your copayment.The pharmacist or physician or visit our Web maximum allowable fee may be less than site, www.wellmark.com. the amount you paid. In other words,you Amount Charged and are responsible for any difference in cost between what the pharmacy charges you for Maximum Allowable Fee the drug and our reimbursement amount. Amount Charged Your payment obligation for the purchase of The retail price charged by a pharmacy for a a covered prescription drug at a covered prescription drug. participating pharmacy is the lesser of your Z5S 38H 50 Form Number:Wellmark IA Grp/YP_1009 Factors Affecting What You Pay copayment or the amount charged for the considered when determining your payment drug. obligations. Special Programs We evaluate and monitor changes in the pharmaceutical industry in order to determine clinically effective and cost effective coverage options.These evaluations may prompt us to offer programs that encourage the use of reasonable alternatives. For example,we may, at our discretion,temporarily waive your payment obligation on a qualifying generic prescription drug purchase. Visit our Web site at www.wellmark.com or call us to determine whether your prescription qualifies. Savings and Rebates Payment Arrangements The benefits manager of this prescription drug program has established payment arrangements with participating pharmacies that may result in savings. Pharmacy Benefits Manager Fees and Drug Company Rebates Wellmark contracts with a pharmacy benefits manager to provide pharmacy benefits management services to its accounts,such as your group.Your group is to pay a monthly fee for such services. Drug manufacturers offer rebates to pharmacy benefits managers.After your group has had Wellmark prescription drug coverage for at least nine months,the pharmacy benefits manager contracting with Wellmark will calculate,on a quarterly basis,your group's use of drugs for which rebates have been paid.Wellmark receives these rebates.Your group will be credited with rebate amounts forwarded to us by the pharmacy benefits manager unless your group's arrangement with us requires us to reduce such rebated amounts by the amount of any fees we paid to the pharmacy benefits manager for the services rendered to your group.We will not distribute these rebate amounts to you, and rebates will not be Form Number: Wellmark IA GrpNP_1009 51 Z5S 38H 8. Coverage Eligibility and Effective Date ■ Totally and permanently disabled, Eligible Members physically or mentally.The disability You are eligible for coverage if you meet must have existed before the child your employer's or group sponsor's turned age 25,or while the child was a eligibility requirements.Also eligible for full-time student under age 25. In coverage is an eligible member's spouse or addition,the child must have had domestic partner. creditable coverage without a break of A dependent child is eligible under the plan 63 days or more since turning age 25 or member's coverage if the child has any of since becoming a full-time student the following relationships to the plan under age 25. member or an enrolled spouse or domestic Please note: In addition to the preceding partner: requirements,eligibility is affected by • A natural child. coverage enrollment events and coverage • Legally adopted or placed for adoption termination events. See Coverage Change (that is,you assume a legal obligation to Events,page 57. provide full or partial support and When Coverage Begins intend to adopt the child). Coverage begins on the member's effective • A child for whom you have legal date,subject to any exclusion period guardianship. described below. If you have just started a • A stepchild. new job,or if a coverage enrollment event • A foster child. allows you to add a new member, ask your • A natural child a court orders to be employer or group sponsor about your covered. effective date. Services received before the A dependent child who has been placed in effective date of coverage are not eligible for your home for the purpose of adoption or benefits. whom you have adopted is eligible for Preexisting Condition coverage on the date of placement for Exclusion Period adoption or the date of actual adoption, whichever occurs first. You maybe required to wait a specified time before benefits are available for any medical In addition, a dependent child must be services you receive for a preexisting unmarried and must be one of the condition.See Duration of Exclusion Period following: later in this section. • Under age 25. Preexisting Condition • A full-time student under age 25 A preexisting condition is an illness,injury, enrolled in an accredited educational medical,surgical,or other condition for institution. Full-time student status which medical advice,diagnosis,or continues during: treatment was recommended or received — Regularly-scheduled school within the six months ending on your hire vacations; and date for a newly hired employee or the — Medically necessary leaves of effective date of this coverage for a late absence until the earlier of one year enrollee or special enrollee.This is the from the first day of leave or the date preexisting condition"look back"period. coverage would otherwise end. Form Number: Wellmark IA Grp/ELG_1009 53 Z5S 38H Coverage Eligibility and Effective Date Pregnancy is not considered a preexisting eligible, 12 consecutive months,minus condition. any period of prior creditable coverage. When Exclusion Period Applies ■ For a late enrollee, l8 consecutive A preexisting condition exclusion period months, minus any period of prior applies if the member has a preexisting creditable coverage. condition and: Prior Creditable Coverage • The member enrolls as a late enrollee.A Prior creditable coverage reduces the late enrollee is a member who declines preexisting condition exclusion period by coverage when initially eligible to enroll the amount of time you had the prior and then later enrolls for coverage. coverage provided there was no break in However,a member is not a late coverage of 63 days or more. For instance,if enrollee if a qualifying enrollment event you were covered by another medical allows enrollment as a special enrollee, benefits plan(without a break of 63 days or even if the enrollment event coincides more)for the three-month period before with a late enrollment opportunity.See your enrollment date under this medical Coverage Change Events,page 57. benefits plan,and if this plan includes a 12- ■ The plan member is a new employee and month preexisting condition exclusion applies for coverage when initially period,your preexisting condition exclusion eligible to enroll. period would be reduced to nine months. • The member enrolls as a special enrollee If an eligible dependent has more prior under a qualifying enrollment event creditable coverage than the plan member, when initially eligible. See Coverage the dependent's preexisting condition Change Events,page 57. exclusion period is reduced by his or her When a preexisting condition exclusion own period of prior creditable coverage. period applies,it begins on the following If you have a newborn child or adopt a child date. prior to being covered under this medical New Hire: If the plan member and his or benefits plan,the preexisting condition her family members apply for coverage exclusion period will not apply to the child if when first eligible,the preexisting condition he or she had prior creditable coverage at exclusion period begins on the plan birth or on the date of placement for member's hire date. adoption(without a break in coverage of 63 days or more). Special Enrollee: If a member applies when he or she is first eligible as a result of a If you have a newborn child or adopt a child while you are covered under this medical special enrollment event,the preexisting benefits plan,the preexisting condition condition exclusion period begins on the member's coverage effective date. See exclusion period will not apply to the child if Coverage Change Events,page 57. you add him or her to your coverage within 31 days of birth, adoption,or placement in Late Enrollee: If a member is a late your home for adoption. enrollee,the preexisting condition exclusion Creditable coverage means any of the period begins on the member's coverage effective date. following categories of coverage,during which there was no break in coverage of Duration of Exclusion Period more than 63 days: The preexisting condition exclusion period ■ Group health plan(including is: government and church plans). ■ For a new employee or special enrollee who applies for coverage when initially Z5S 38H 54 Form Number:Wellmark IA Grp/ELG_1009 Coverage Eligibility and Effective Date • Health insurance coverage(including determining whether the order is a group,individual, and short-term Qualified Medical Child Support Order limited duration coverage). (QMCSO). Participants and beneficiaries • Medicare(Part A or B of Title XVIII of can obtain,without charge, a copy of such the Social Security Act). procedures from the plan administrator. • Medicaid(Title XIX of the Social A QMCSO specifies information such as: Security Act). ■ Your name and last known mailing • Medical care for members and certain address. former members of the uniformed ■ The name and mailing address of the services,and for their dependents (Chapter 55 of Title 10,United States dependent specified in the court order. Code). ■ A reasonable description of the type of • A medical care program of the Indian coverage to be provided to the Health Service or of a tribal dependent or the manner in which the organization. type of coverage will be determined. • A state health benefits risk pool. ■ The period to which the order applies. • Federal Employee Health Benefit Plan(a A Qualified Medical Child Support Order health plan offered under Chapter 89 of can not require that a benefits plan provide Title 5,United States Code). any type or form of benefit or option not • A State Children's Health Insurance otherwise provided under the plan,except Program(S-CHIP). as necessary to meet requirements of Iowa • A public health plan as defined in Code Chapter 252E(2001)or Social federal regulations(including health Security Act Section 19o8 with respect to coverage provided under a plan group health plans. established or maintained by a foreign The order and the notice given by the country or political subdivision). employer or group sponsor will provide • A health benefits plan under Section additional information,including actions 5(e)of the Peace Corps Act. that you and the appropriate insurer must You have the right to request certification of take to determine the dependent's eligibility creditable coverage from the carrier or and procedures for enrollment in the administrator of your prior coverage. Other benefits plan,which must be done within types of coverage besides a group health specified time limits. plan may qualify as prior creditable If eligible,the dependent will have the same coverage. coverage as you or your spouse do and will be allowed to enroll immediately.You or Qualified Medical Child your spouse's employer or group sponsor Support Order will withhold any applicable share of the If you have a dependent child and you or dependent's health care premiums from your spouse's employer or group sponsor your compensation and forward this receives a Medical Child Support Order amount to us. recognizing the child's right to enroll in this If you are subject to a waiting period that group health plan or in your spouse's expires more than 90 days after the insurer benefits plan,the employer or group receives the QMCSO,your employer or sponsor will promptly notify you or your group sponsor must notify us when you spouse and the dependent that the order has become eligible for enrollment. Enrollment been received.The employer or group of the dependent will commence after you sponsor also will inform you or your spouse have satisfied the waiting period. and the dependent of its procedures for Form Number: Wellmark IA Grp/ELG_1009 55 Z5S 38H Coverage Eligibility and Effective Date The dependent may designate another person,such as a custodial parent or legal guardian,to receive copies of explanations of benefits,checks,and other materials. Your employer or group sponsor may not revoke enrollment or eliminate coverage for a dependent unless the employer or group sponsor receives satisfactory written evidence that: • The court or administrative order requiring coverage in a group health plan is no longer in effect; • The dependent's eligibility for or enrollment in a comparable benefits plan that takes effect on or before the date the dependent's enrollment in this group health plan terminates; or • The employer eliminates dependent health coverage for all employees. The employer or group sponsor is not required to maintain the dependent's coverage if: • You or your spouse no longer pay premiums because the employer or group sponsor no longer owes compensation; or • You or your spouse have terminated employment with the employer and have not elected to continue coverage. Z5S 38H 56 Form Number:Wellmark IA Grp/ELG_1009 9. Coverage Changes and Termination Certain events may require or allow you to ■ Divorce or annulment. Legal separation, add or remove persons who are covered by also,may result in removal from this group health plan. coverage. If you become legally separated, notify your employer or Coverage Change Events group sponsor. Coverage Enrollment Events:The ■ Medicare eligibility. If you become following events allow you as well as an eligible for Medicare,you must notify affected spouse,domestic partner,or your employer or group sponsor eligible child to enroll for coverage. If your immediately. If you are eligible for this employer or group sponsor offers more than group health plan other than as a one group health plan,the event also allows current employee or a current you to move from one plan option to employee's spouse,your Medicare another. eligibility may terminate this coverage. • Birth,adoption,or placement for ■ Completion of a dependent's full-time adoption by an approved agency. schooling if the dependent is age 25 or • Marriage. older. • Exhaustion of COBRA coverage. ■ Dependent child who is not a full-time • You or your spouse or dependent loses student or permanently disabled reaches eligibility for creditable coverage or his age 25. or her employer or group sponsor ceases ■ Dependent child who is a full-time contribution to creditable coverage. student reaches age 25. • Spouse loses coverage through his or her ■ Marriage of a dependent child. employer. Please note: If a coverage removal event • You lose eligibility for coverage under during the benefit year changes your Medicaid or the Children's Health coverage type from family to single Insurance Program(CHIP) (the hawk-i coverage,you will not be credited with plan in Iowa). deductible and out-of-pocket maximum • You become eligible for premium amounts that were paid during the benefit assistance under Medicaid or CHIP. year on behalf of the removed family The following events allow you to add only member. See Payment Details,page 4. the new dependent resulting from the event: Requirement to Notify Group • Dependent child under age 25 resumes Sponsor status as a full-time student. You must notify your employer or group • Addition of a natural child by court sponsor within 31 days of most events that order. See Qualified Medical Child change the coverage status of members and Support Order,page 55. within 6o days of events related to Medicaid • Appointment as a child's legal guardian. or CHIP eligibility. If you do not provide • Placement of a foster child in your home timely notification of an event that requires by an approved agency. you to remove an affected family member, your coverage may be terminated. Coverage Removal Events: The If you do not provide timely notification of a following events require you to remove the coverage enrollment event,the affected affected family member from your coverage: person may not enroll until an annual group ■ Death. enrollment period. Form Number: Wellmark IA Grp/CC-1009 57 Z5S 38H Coverage Changes and Termination In addition,the person affected by a Fraud, Misrepresentation, coverage enrollment event is subject to the Concealment of Material Facts, or 18-month preexisting condition exclusion Nonpayment period for late enrollees.See Preexisting Your coverage will terminate immediately if: Condition Exclusion Period,page 53. ■ You use this group health plan fraudulently or fraudulently Coverage Termination misrepresent or conceal a material fact The following events terminate your in your application; or coverage eligibility.g g t3' ■ Your employer or group sponsor • You become unemployed when your commits fraud or intentionally eligibility is based on employment. misrepresents a material fact under the • You become ineligible under your terms of this group health plan. employer's or group sponsor's eligibility ■ You or your employer or group sponsor requirements for reasons other than fails to make required payments to us unemployment. when due,or you fail to pay any • Your employer or group sponsor applicable amounts you owe. discontinues or replaces this group If your coverage is terminated for fraud, health plan. misrepresentation,or the concealment of a • We terminate coverage of all similar material fact,then: group health plans by written notice to your employer or group sponsor go days ■ We may declare this group health plan prior to termination. void. ■ Premiums will be retroactively adjusted Also see Fraud,Misrepresentation, as if a misrepresented or concealed Concealment of Material Facts,or material fact had been accurately Nonpayment later in this section. disclosed in your application. When you become unemployed and your ■ We will recover any claim payments eligibility is based on employment,your made. coverage will end at the end of the month ■ We will retain legal rights,including the your employment ends.When your right to bring a civil action. coverage terminates for all other reasons, check with your employer or group sponsor Certificate of Creditable or call the Customer Service number on Coverage your ID card to verify the coverage Wellmark will provide certification of your termination date. coverage under this medical benefits plan if: If you are an inpatient of a hospital or a ■ This coverage terminates. resident of a nursing facility on the date ■ You become eligible for COBRA your coverage eligibility terminates,benefits coverage or coverage continuation under for inpatient services are limited to the least Iowa law. amount of the following: ■ You exhaust your COBRA coverage. • The period of your remaining days of ■ You request certification of your coverage under this medical benefits coverage within 24 months after this plan. coverage terminates. See Notice,page • The period ending on the date you are 80. discharged from the facility. • A period not more than 6o days from Coverage Continuation the date of termination. When your coverage ends,you may be eligible to continue coverage under this Z5S 38H 58 Form Number:Wellmark IA Grp/CC—1009 Coverage Changes and Termination group health plan or to convert to another Wellmark health benefits plan pursuant to certain state and federal laws. COBRA Continuation The federal Consolidated Omnibus Budget Reconciliation Act(COBRA)applies to most non-governmental employers with 20 or more employees.Generally,COBRA entitles you and eligible dependents to continue coverage if it is lost due to a qualifying event, such as employment termination, divorce,or loss of dependent status.You and your eligible dependents will be required to pay for continuation coverage. Other federal or state laws similar to COBRA may apply if COBRA does not.Your employer or group spo nsor is required to provide you with additional information on continuation coverage if a qualifying event occurs. Group Conversion Coverage If your eligibility under this group coverage ends or if a family member becomes ineligible for coverage,you or the family member may be eligible for a conversion policy or a Blue Transitions policy. If you apply for group conversion coverage within 31 days or Blue Transitions coverage within 6o days of the date your employment ends or of the event making a family member ineligible for coverage,you may be eligible under a group conversion policy or Blue Transitions policy without medical underwriting. The benefits provided by the conversion policy or Blue Transitions policy may not be identical to the coverage provided under your group medical benefits plan and will be subject to different premium rates. For information about available benefits, eligibility criteria, and premium rates for conversion coverage or Blue Transitions coverage, contact us.We will provide you with a copy of a conversion policy upon your request. You are not eligible for a group conversion policy if you are eligible for or enrolled in Medicare. Form Number: Wellmark IA Grp/CC—1009 59 Z5S 38H �I i 10. Claims Once you receive medical services or claim form. Complete all sections of the purchase prescription drugs from a claim form. For more efficient processing, nonparticipating pharmacy we must receive all claims(including those completed out- a claim to determine the amount of your of-country)should be written in English. benefits.The claim lets us know the services If you need assistance completing the claim or prescription drugs you received,when form, call the Customer Service number on you received them, and from which your ID card. provider. Medical Claim Form. Follow these steps When to File a Claim to complete a medical claim form: You need to file a claim if you: ■ Use a separate claim form for each • Use a provider who does not file claims covered family member and each for you. Participating and PPO providers provider. file claims for you. ■ Attach a copy of an itemized statement • Purchase prescription drugs from a prepared by your provider.We cannot nonparticipating pharmacy. accept statements you prepare,cash • Purchase prescription drugs from a register receipts, receipt of payment participating pharmacy but do not notices,or balance due notices. In order present your ID card. for a claim request to qualify for • Pay in full for a drug that you believe processing,the itemized statement must be on the provider's stationery, and should have been covered. include at least the following: Your submission of a prescription to a — Identification of provider: full name, participating pharmacy is not a filed claim address,tax or license ID numbers, and therefore is not subject to appeal and provider numbers. procedures as described in the Appeals — Patient information: first and last section. However,you may file a claim with name, date of birth,gender, us for a prescription drug purchase you relationship to plan member,and think should have been a covered benefit. daytime phone number. Wellmark must receive claims within 365 — Date(s)of service. days following the date of service of the — Charge for each service. claim. — Place of service(office,hospital,etc). How to File a Claim — For injury or illness: date and diagnosis. All claims must be submitted in writing. — For inpatient claims: admission 1. Get a Claim Form date,patient status,attending Forms are available at www.wellmark.com physician ID. or by calling the Customer Service number — Days or units of service. on your ID card or from your personnel — Revenue,diagnosis, and procedure department. codes. 2. Fill Out the Claim Form — Description of each service. Follow the same claim filing procedure regardless of where you received services. Directions are printed on the back of the Form Number: Wellmark IA Grp/CL—1008 61 Z5S 38H Claims Prescription Drugs Covered Under Medical Claims and Claims for Drugs Your Medical Benefits Plan Claim Covered Under Your Medical Benefits Form. For prescription drugs covered Plan. Send the claim to: under your medical benefits plan(not Wellmark Blue Cross and Blue Shield of covered under your Blue Rx Preferred Iowa prescription drug plan),use a separate 636 Grand Avenue, Station 39 prescription drug claim form and include Des Moines, IA 50309-2565 the following information: • Pharmacy name and address. Medical Claims for Services Received • Patient information: first and last name, Outside the United States. Send the claim to: date of birth,gender,and relationship to plan member. BlueCard Worldwide Service Center • Date(s)of service. P.O. Box 72017 • Description and quantity of drug. Richmond,VA 23255-2017 • Original pharmacy receipt or cash Blue Rx Preferred Prescription Drug receipt with the pharmacist's signature Claims. Send the claim to: on it. Catalyst Rx Blue Rx Preferred Prescription Drug Claims Department Claim Form. For prescription drugs P.O. Box 1069 covered under your Blue Rx Preferred Rockville,MD 20849-1069 prescription drug plan,complete the We may require additional information following steps: from you or your provider before a claim • Use a separate claim form for each can be considered complete and ready for covered family member and each processing. pharmacy. Notification of Decision • Complete all sections of the claim form. Include your daytime telephone We will send an Explanation of Health Care number. Benefits(EOB)following your claim.The • Submit up to three prescriptions for the EOB is a statement outlining how we same family member and the same applied benefits to a submitted claim. It details amounts that providers charged, pharmacy on a single claim form.Use additional claim forms for claims that network savings, our paid amounts, and amounts for which you are responsible. exceed three prescriptions or if the prescriptions are for more than one In case of an adverse decision,the notice family member or pharmacy. will be sent within 3o days of receipt of the • Attach receipts to the back of the claim claim.We may extend this time by up to 15 form in the space provided. days if the claim determination is delayed for reasons beyond our control. If we do not 3. Sign the Claim Form send an explanation of benefits statement or 4. Submit the Claim a notice of extension within the 3o-day We recommend you retain a copy for your period,you have the right to begin an records.The original form you send or any appeal.We will notify you of the attachments sent with the form cannot be circumstances requiring an extension and the date by which we expect to render a returned to you. decision. If an extension is necessary because we require additional information from you, Z5S 38H 62 Form Number:Wellmark IA Grp/CL—1008 i Claims the notice will describe the specific information needed.You have 45 days from receipt of the notice to provide the information.Without complete information, your claim will be denied. If you have other insurance coverage,our processing of your claim may utilize coordination of benefits guidelines. See Coordination of Benefits,page 65. Once we pay your claim,whether our payment is sent to you or to your provider, our obligation to pay benefits for the claim is discharged. In the case of nonparticipating hospitals,M.D.'s,and D.O.'s located in Iowa,the health plan payment is made payable to the provider, but the check is sent to you.You are responsible for forwarding the check to the provider,plus any difference between the amount charged and our payment. Form Number: Wellmark IA Grp/CL—1008 63 Z5S 38H 11 . Coordination of Benefits Coordination of benefits applies when you ■ Limited benefit health coverage,as have more than one insurance policy or defined by Iowa law. group health plan that provides the same or ■ School accident-type coverage. similar benefits as this plan.Benefits ■ Benefits for non-medical components of payable under this plan,when combined long-term care policies. with those paid under your other coverage, ■ Medicare supplement policies. will not be more than loo percent of either ■ Medicaid policies. our payment arrangement amount or the other plan's payment arrangement amount. ■ Coverage under other governmental plans,unless permitted by law. The method we use to calculate the payment arrangement amount may be different from You must cooperate with Wellmark and your other plan's method. provide requested information about other coverage.Failure to provide information can Other Coverage result in a denied claim.We may get the When you receive services,you must inform facts we need from or give them to other us that you have other coverage, and inform organizations or persons for the purpose of your health care provider about your other applying the following rules and coverage. Other coverage includes any of the determining the benefits payable under this following: plan and other plans covering you.We need • Group and nongroup insurance not tell,or get the consent of,any person to do this. contracts and subscriber contracts. • HMO contracts. Your participating or PPO provider will • Uninsured arrangements of group or forward your coverage information to us. If group-type coverage. you have a nonparticipating provider,you • Group and nongroup coverage through are responsible for informing us about your closed panel plans. other coverage. • Group-type.contracts. Claim Filing • The medical care components of long- If you know that your other coverage has term contracts,such as skilled nursing primary responsibility for payment,after care. you receive services,a claim should be • Medicare or other governmental submitted to your other insurance carrier benefits(not including Medicaid). first. If that claim is processed with an • The medical benefits coverage of your unpaid balance for benefits eligible under auto insurance(whether issued on a this group health plan,you or your provider fault or no-fault basis). should submit a claim to us and attach the other carrier's explanation of benefit Coverage that is not subject to coordination payment.We may contact your provider or of benefits includes the following: the other carrier for further information. • Hospital indemnity coverage or other fixed indemnity coverage. Rules of Coordination • Accident-only coverage. We follow certain rules to determine which • Specified disease or specified accident health plan or coverage pays first(as the coverage. primary plan)when other coverage provides the same or similar benefits as this group health plan. Here are some of those rules: Form Number: Wellmark IA Grp/COB—1009 65 Z5S 38H Coordination of Benefits • The primary plan pays or provides result,the plans do not agree on the benefits according to its terms of order of benefits,this rule is ignored. coverage and without regard to the ■ If a person whose coverage is provided benefits under any other plan. Except as pursuant to COBRA or under a right of provided below, a plan that does not continuation provided by state or other contain a coordination of benefits federal law is covered under another provision that is consistent with plan,the plan covering the person as an applicable regulations is always primary employee,plan member,subscriber, unless the provisions of both plans state policyholder or retiree is the primary that the complying plan is primary. plan and the COBRA or state or other • Coverage that is obtained by federal continuation coverage is the membership in a group and is designed secondary plan. If the other plan does to supplement a part of a basic package not have this rule and,as a result,the of benefits is excess to any other parts of plans do not agree on the order of the plan provided by the contract benefits,this rule is ignored. holder. (Examples of such ■ The coverage with the earliest supplementary coverage are major continuous effective date pays first if medical coverage that is superimposed none of the rules above apply. over base plan hospital and surgical ■ Notwithstanding the preceding rules, benefits and insurance-type coverage when you use your Blue Rx Preferred ID written in connection with a closed card,the benefits of your Blue Rx panel plan to provide out-of-network Preferred prescription drug plan are benefits.) primary for prescription drugs • The coverage that you have as an purchased at a pharmacy. employee,plan member,subscriber, ■ If the preceding rules do not determine policyholder,or retiree pays before the order of benefits,the benefits coverage that you have as a spouse or payable will be shared equally between dependent. However,if the person is a the plans. In addition,this plan will not Medicare beneficiary and,as a result of pay more than it would have paid had it federal law,Medicare is secondary to the been the primary plan. plan covering the person as a dependent and primary to the plan covering the Dependent Children person as other than a dependent(e.g., a To coordinate benefits for a dependent retired employee),then the order of child,the following rules apply(unless there benefits between the two plans is is a court decree stating otherwise): reversed,so that the plan covering the ■ If the child is covered by both parents person as the employee,plan member, who are married(and not separated)or subscriber,policyholder or retiree is the secondary plan and the other plan is the who are living together,whether or not primary plan. they have been married,then the coverage of the parent whose birthday • The coverage that you have as the result occurs first in a calendar year pays first. of active employment(not laid off or If both parents have the same birthday, retired)pays before coverage that you the plan that has covered the parent the have as a laid-off or retired employee. longest is the primary plan. The same would be true if a person is a dependent of an active employee and that same person is a dependent of a retired or laid-off employee. If the other plan does not have this rule and, as a Z5S 38H 66 Form Number:Wellmark IA Grp/COB—1009 Coordination of Benefits ■ For a child covered by separated or calendar year excluding any divorced parents or parents who are not temporary visitation. living together,whether or not they have been married: If none of these rules apply to your situation,we will follow the Iowa Insurance — If a court decree states that one of Division's Coordination of Benefits the parents is responsible for the guidelines to determine this health plan child's health care expenses or coverage and the plan of that parent Payment. has actual knowledge of those terms, Effects on the Benefits of this Plan then that parent's coverage pays In determining the amount to be paid for first. If the parent with responsibility any claim,the secondary plan will calculate has no health care coverage for the the benefits it would have paid in the dependent child's health care absence of other coverage and apply the expenses,but that parent's spouse calculated amount to any allowable expense does,that parent's spouse's coverage under its plan that is unpaid by the primary pays first.This item does not apply plan.The secondary plan may then reduce with respect to any plan year during its payment by the amount so that,when which benefits are paid or provided combined with the amount paid by the before the entity has actual primary plan,total benefits paid or provided knowledge of the court decree by all plans for the claim do not exceed the provision. total allowable expense for that claim. In — If a court decree states that both addition,the secondary plan will credit to its parents are responsible for the applicable deductible any amounts it would child's health care expense or health have credited to its deductible in the care coverage or if a court decree absence of other coverage. states that the parents have joint custody without specifying that one Right of Recovery parent has responsibility for the If the amount of payments made by us is health care expenses or coverage of more than we should have paid under these the dependent child,then the coordination of benefits provisions,we may coverage of the parent whose recover the excess from any of the persons birthday occurs first in a calendar to or for whom we paid, or from any other year pays first. If both parents have person or organization that maybe the same birthday,the plan that has responsible for the.benefits or services covered the parent the longest is the provided for the covered person.The rim lan amount of payments made includes the a p rY p . reasonable cash value of any benefits — If a court decree does not specify provided in the form of services. which parent has financial or insurance responsibility,then the Coordination with Medicare coverage of the parent with custody pays first.The payment order for the For medical claims only,Medicare is bylaw child is as follows: custodial parent, the secondary coverage to group health spouse of custodial parent,other plans in a variety of situations.The parent,spouse of other parent.A following provisions apply only if you have custodial parent is the parent both Medicare and employer group health awarded custody by a court decree coverage under this medical benefits plan or,in the absence of a court decree, and your employer has the required is the parent with whom the child minimum number of employees. resides more than one-half of the Form Number: Wellmark IA Grp/COB—1009 67 Z5S 38H Coordination of Benefits Working Aged becomes covered for ESRD,the group If you are a member of a group health plan health plan remains secondary to Medicare. of an employer with at least 20 employees This is only a general summary of the laws, for each working day for at least 20 calendar which may change from time to time. For weeks in the current or preceding year,then Medicare is the secondary payer if the more information, contact your employer or the Social Security Administration. beneficiary is: • Age 65 or older; and • A current employee or spouse of a current employee covered by an employer group health plan. Working Disabled If you are a member of a group health plan of an employer with at least ioo full-time, part-time,or leased employees on at least 50 percent of regular business days during the preceding calendar year,then Medicare is the secondary payer if the beneficiary is: • Under age 65; • A recipient of Medicare disability benefits; and • A current employee or a spouse or dependent of a current employee, covered by an employer group health plan. End-Stage Renal Disease(ESRD) The ESRD requirements apply to group health plans of all employers, regardless of the number of employees. Under these requirements,Medicare is the secondary payer during the first 30 months of Medicare coverage if both of the following are true: • The beneficiary has Medicare coverage as an ESRD patient; and • The beneficiary is covered by an employer group health plan. If the beneficiary is already covered by Medicare due to age or disability and the beneficiary becomes eligible for Medicare ESRD coverage,Medicare generally is the secondary payer during the first 30 months of ESRD eligibility. However,if the group health plan is secondary to Medicare(based on other Medicare secondary-payer requirements)at the time the beneficiary Z5S 38H 68 Form Number:Wellmark IA Grp/COB—1009 12. Appeals Right of Appeal You have the right to one full and fair review ■ Claim number from your Explanation of in case of a denied or reduced claim,or an Benefits,if applicable. adverse decision concerning a pre-service ■ Date of service in question. notification requirement.An adverse decision is one that denies or reduces For a prescription drug appeal,you benefits. Pre-service notification also must submit: requirements are: ■ Name and phone number of the • Continued stay in a facility. pharmacy. • A precertification request. ■ Name and phone number of the • A prior approval request. practitioner who wrote the prescription. • A prior authorization request for ■ A copy of the prescription. prescription drugs. ■ A brief description of your medical reason for needing the prescription. How to Appeal If you have difficulty obtaining this You or your authorized representative,if information, ask your provider or you have designated one,may appeal a pharmacist to assist you. reduced or denied benefit by calling the Customer Service number on your ID card Where to Send Appeal or by writing to Wellmark. See Authorized Wellmark Blue Cross and Blue Shield of Representative,page 75. Iowa Medically Urgent Appeal Appeals/ERISA Review Office For appeals involving a medically urgent 636 Grand Avenue, Station 52 situation,you may request an expedited Des Moines, IA 50309-2565 appeal,either orally or in writing. Review of Appeal Non-Medically Urgent Appeal Your request for an appeal will be reviewed For appeals that are not medically urgent, only once.The review will take into account you must make your request for a review,in all information regarding the adverse writing,within 18o days from the date you decision whether or not the information was are notified of our adverse decision. presented or available at the initial What to Include in Your Appeal determination.Upon request, and free of You must submit all relevant information charge,you will be provided reasonable with your initial appeal,including the access to and copies of all relevant records reason for your appeal.This includes used in making the initial decision. written comments,documents,or other The review will not be conducted by the information in support of your appeal.You original decision makers or any of their must also submit: subordinates.The review will be conducted without regard to the original decision. If a • Date of your request. decision requires medical judgment,we will • Your name(please type or print), consult an appropriate medical expert who address,and if applicable,the name and was not previously involved in the original address of your authorized decision. If we deny your appeal,in whole or representative. • Member identification number. Form Number: Wellmark IA Grp/AP—1008 69 Z5S 38H Appeals in part,you may request,in writing,the identity of the medical expert we consulted. Decision on Appeal The decision on appeal is final. Once a decision on appeal is reached,your right to appeal is exhausted. Medically Urgent Appeal For a medically urgent appeal,you will be notified(by telephone, email,fax or another prompt method)of our decision as soon as possible,but no later than 72 hours after your expedited appeal is received.Written notification will follow within three days of the initial notice. Non-Medically Urgent Appeal An appeal of a denied or reduced claim will be decided within 6o days.An appeal of an adverse decision concerning a pre-service notification requirement will be decided within 3o days. Legal Action You shall not start legal action against us until you have exhausted the appeal procedure described in this section. Z5S 38H 70 Form Number:Wellmark IA Grp/AP_1008 13. Your Rights Under ERISA Employee Retirement Income Continued Group Health Plan Security Act of 1974 Coverage Your rights concerning your coverage may You have the right to continue health care be protected by the Employee Retirement coverage for yourself,spouse or dependents Income Security Act of 1974(ERISA), a if there is a loss of coverage under the plan federal law protecting your rights under this as a result of a qualifying event. However, benefits plan.Any employee benefits plan you or your dependents may have to pay for established or maintained by an employer such coverage. For more information on the or employee organization or both is subject rules governing your COBRA continuation to this federal law unless the benefits plan is coverage rights,review this coverage a governmental or church plan as defined in manual and the documents governing the ERISA. plan. See COBRA Continuation,page 59• As a participant in this group health plan, You have the right to reduced or eliminated you are entitled to certain rights and exclusionary periods of coverage for protections under the Employee Retirement preexisting conditions under your group Income Security Act of 1974(ERISA). health plan,if you have creditable coverage from another plan. Receive Information About Your Plan You should be provided a certificate of and Benefits creditable coverage,free of charge,from You may examine,without charge, at the your group health plan or health insurance plan administrator's office or at other issuer when: specified locations, such as worksites and union halls,all documents governing the ■ You lose coverage under the plan. plan,including insurance contracts and ■ You become entitled to COBRA collective bargaining agreements, and a continuation coverage. copy of the latest annual report(Form 5500 ■ Your COBRA continuation coverage Series)filed by the plan with the U.S. ceases, if you request it before losing Department of Labor and available at the coverage,or if you request it up to 24 Public Disclosure Room of the Employee months after losing coverage. Benefits Security Administration. Without evidence of creditable coverage, You may obtain,upon written request to the you may be subject to a preexisting plan administrator,copies of documents condition exclusion period for up to 12 governing the operation of the plan, months(up to 18 months for late enrollees) including insurance contracts and collective after your enrollment date in the coverage. bargaining agreements, and copies of the See Certificate of Creditable Coverage,page latest annual report(Form 5500 Series)and 58. updated summary plan description.The plan administrator may make a reasonable Prudent Actions by Plan Fiduciaries charge for the copies. In addition to creating rights for plan You may also obtain a summary of the participants,ERISA imposes duties upon plan's annual financial report.The plan the people responsible for the operation of administrator is required by law to furnish your employee benefits plan.The people you with a copy of this summary annual who operate the plan,called fiduciaries of report. the plan,have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries.No one, Form Number: Wellmark IA Grp/ER—0108 71 Z5S 38H Your Rights Under ERISA including your employer,your union,or any need assistance in obtaining documents other person,may fire you or otherwise from the plan administrator,you should discriminate against you in any way to contact the nearest office of the Employee prevent you from obtaining a welfare benefit Benefits Security Administration, U.S. or exercising your rights under ERISA. Department of Labor,listed in the Enforcement of Rights telephone directory'or write to: If your claim for a covered benefit is denied Division of Technical Assistance and or ignored,in whole or in part,you have a Inquiries right to know why this was done,to obtain Employee Benefits Security copies of documents relating to the decision Administration without charge, and to appeal any denial,all U.S. Department of Labor within certain time schedules. 200 Constitution Avenue,N.W. Under ERISA,there are steps you can take Washington,D.C. 20210 to enforce the above rights.For instance,if You may also obtain certain publications you request a copy of plan documents or the about your rights and responsibilities under latest annual report from the plan and do ERISA by calling the publications hotline of not receive them within 3o days,you may the Employee Benefits Security file suit in federal court. In such a case,the Administration. court may require the plan administrator to provide the materials and pay you up to $1io a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the plan administrator. If you have a claim for benefits which is denied or ignored,in whole or in part,you may file suit in a state or federal court. In addition,if you disagree with the plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order,you may file suit in federal court. If it should happen that plan fiduciaries misuse the plan's money,or if you are discriminated against for asserting your rights,you may seek assistance from the U.S. Department of Labor,or you may file suit in a federal court.The court will decide who should pay court costs and legal fees. If you are successful,the court may order the person you have sued to pay these costs and fees. If you lose,the court may order you to pay these costs and fees,for example,if it finds your claim is frivolous. Assistance With Your Questions If you have any questions about your plan, you should contact the plan administrator. If you have questions about this statement or about your rights under ERISA,or if you Z5S 38H 72 Form Number:Wellmark IA Grp/ER—0108 Your Rights Under ERISA ERISA Information Requirements Plan Name: The Weitz Company, LLC Group Health Plan Plan Sponsor: The Weitz Company, LLC Employer ID Number: 42-1512627 Plan Number: 501 When Plan Year Ends: July 31 Participants of Plan: Active employees working forty(40)or more hours per week. Plan Administrator and Agent The Weitz Company, LLC for Service of Legal Process: 5901 Thornton Avenue Des Moines, IA 50321 How Plan Costs Are Funded: The plan sponsor and the employees pay the costs of this plan. Type of Plan: Group Health Plan Type of Administration: Self-Funded Benefits Administered by: Wellmark Blue Cross and Blue Shield of Iowa 636 Grand Avenue Des Moines, IA 50309-2565 If this plan is maintained by two or more employers,you may write to the plan administrator for a complete list of the plan sponsors. Form Number: Wellmark IA Grp/ER—0108 73 Z5S 38H 14. General Provisions modification will be in writing and will be as Contract binding as this coverage manual. If your The conditions of your coverage are defined contract is terminated,you may not receive in your contract.Your contract includes: benefits. ■ Any application you submitted to us or Authorized Group Health to your employer or group sponsor. Plan Changes ■ Any agreement or group policy we have with your employer or group sponsor. No agent, employee,or representative of ■ Any application completed by your ours is authorized to vary, add to,change, modify,waive,or alter any of the provisions employer or group sponsor. described in this coverage manual.This ■ This coverage manual and any riders or coverage manual cannot be changed except amendments. by one of the following: All of the statements made by you or your ■ Written amendment signed by an employer or group sponsor in any of these authorized officer and accepted by you materials will be treated by us as or your employer or group sponsor. representations,not warranties. ■ Our receipt of proper notification that an event has changed your spouse or Interpreting this Coverage dependent's eligibility for coverage. See Manual Coverage Changes and Termination, We will interpret the provisions of this page 57. coverage manual and determine the answer to all questions that arise under it.We have Authorized Representative the administrative discretion to determine You may authorize another person to whether you meet our written eligibility represent you and with whom you want us requirements,or to interpret any other term to communicate regarding specific claims or in this coverage manual. If any benefit an appeal.This authorization must be in described in this coverage manual is subject writing, signed by you, and include all the to a determination of medical necessity,we information required in our Authorized will make that factual determination. Our Representative Form.This form is available interpretations and determinations are final at www.wellmark.com or by calling the and conclusive. Customer Service number on your ID card. There are certain rules you must follow in In a medically urgent situation your treating order for us to properly administer your health care practitioner may act as your benefits. Different rules appear in different authorized representative without sections of your coverage manual.You completion of the Authorized should become familiar with the entire Representative Form. document. An assignment of benefits,release of Authority to Terminate, information,or other similar form that you may sign at the request of your health care Amend, or Modify provider does not make your provider an Your employer or group sponsor has the authorized representative.You may authority to terminate,amend,or modify authorize only one person as your the coverage described in this coverage representative at a time.You may revoke the manual at any time.Any amendment or authorized representative at any time. Form Number: Wellmark IA Grp/GP—0108 75 Z5S 38H General Provisions Release of Information care provider or entity subject to the federal You have agreed in your application(or in privacy rules so they can obtain payment or documents kept by us or your employer or engage in these payment activities. group sponsor)to release any necessary Health Care Operations information requested about you so we can We may use and disclose your health process claims for benefits. information in connection with health care You must allow any provider,facility,or operations. Health care operations include, their employee to give us information about but are not limited to,determining payment r condition. If we do not and rates for our group health plan; quality a treatment o Y g P P q t3' receive the information requested,or if you assessment and improvement activities; withhold information in your application, reviewing the competence or qualifications your benefits may be denied. If you of health care practitioners,evaluating fraudulently use your coverage or provider performance,conducting training misrepresent or conceal material facts in programs, accreditation,certification, your application,then we may terminate licensing,or credentialing activities; your coverage under this group health plan. medical review,legal services, and auditing, including fraud and abuse detection and Privacy of Information compliance;business planning and Your employer or group sponsor is required development; and business management to protect the privacy of your health and general administrative activities. information. It is required to request,use, Other Disclosures or disclose your health information only as Your employer or group sponsor or permitted or required by law. For example, Wellmark is required to obtain your explicit your employer or group sponsor has authorization for any use or disclosure of contracted with Wellmark to administer this your health information that is not group health plan and Wellmark will use or permitted or required by law. For example, disclose your health information for we may release claim payment information treatment,payment,and health care to a friend or family member to act on your operations according to the standards and behalf during a hospitalization if you submit specifications of the federal privacy an authorization to release information to regulations. that person. Treatment We may disclose your health information to Member Health Support a physician or other health care provider in Services order for such health care provider to Wellmark may from time to time make provide treatment to you. available to you certain health support Payment services(such as disease management),for a fee or for no fee.Wellmark may offer We may use and disclose your health financial and other incentives to you to use information to pay for covered services from such services.As a part of the provision of physicians,hospitals, and other providers, these services,Wellmark may: to determine your eligibility for benefits,to coordinate benefits,to determine medical ■ Use your personal health information necessity,to obtain payment from your (including,but not limited to,substance employer or group sponsor,to issue abuse, mental health, and HIV/AIDS explanations of benefits to the person information); and enrolled in the group health plan in which ■ Disclose such information to your health you participate,and the like.We may care providers and Wellmark's health disclose your health information to a health Z5S 38H 76 Form Number:Wellmark IA Grp/GP—0108 General Provisions support service vendors,for purposes of which the services or supplies were providing such services to you. provided. Wellmark will use and disclose information Medicaid Enrollment according to the terms of our Privacy Practices Notice,which is available upon Assignment of Rights request or at www.wellmark.com. This group health plan will provide payment of benefits for covered services to ou our Y �Y Value Added or Innovative beneficiary, or rY an other person who has Y P Benefits been legally assigned the right to receive Wellmark may, time to time make such benefits under requirements Y> > available to you certain value added or established pursuant to Title XIX of the innovative benefits for a fee or for no fee. Social Security Act(Medicaid). Examples include discounts on Enrollment Without Regard to alternative/preventive therapies,fitness, Medicaid exercise and diet assistance,and elective Your receipt or eligibility for medical procedures as well as resources to help you assistance under Title XIX of the Social make more informed health decisions. Security Act(Medicaid)will not affect your enrollment as a participant or beneficiary of P P rY Nonassignment this group health plan, nor will it affect our Benefits for covered services under this determination of any benefits paid to you. group health plan are for your personal benefit and cannot be transferred or Acquisition by States of Rights of assigned to anyone else without our Third Parties consent.You are prohibited from assigning If payment has been made by Medicaid and any claim or cause of action arising out of or Wellmark has a legal obligation to provide relating to this group health plan.Any benefits for those services,Wellmark will attempt to assign this group health plan or make payment of those benefits in rights to payment will be void. accordance with any state law under which a state acquires the right to such payments. Governing Law To the extent not superseded by the laws of Subrogation the United States,the group health plan will Right of Subrogation be construed in accordance with and If you or your legal representative have a governed by the laws of the state of Iowa. claim to recover money from a third party Any action brought because of a claim under and this claim relates to an illness or injury this plan will be litigated in the state or for which this group health plan provides federal courts located in the state of Iowa benefits,we, on behalf of your employer or and in no other. group sponsor,will be subrogated to you Legal Action and your legal representative's rights to recover from the third party as a condition You shall not start any legal action against to your receipt of benefits. us unless you have exhausted the applicable appeal process described in the Appeals Right of Reimbursement section. If you are injured as a result of the act of a You shall not bring any legal or equitable third party and you or your legal action against us because of a claim under representative files a claim under this group this group health plan,or because of the health plan, as a condition of receipt of benefits,you or your legal representative alleged breach of this plan, more than two must reimburse us for all benefits paid for years after the end of the calendar year in Form Number: Wellmark IA Grp/GP—0108 77 Z5S 38H General Provisions the injury from money received from the ■ The name, address, and telephone third party or its insurer,to the extent of the number of the third party that in any amount paid by this group health plan on way caused the injury, and of the the claim. attorney representing the third party; Once you receive benefits under this group ■ The name, address and telephone health plan arising from an illness or injury, number of the third party's insurer and we will assume any legal rights you have to any insurer of you; collect compensation, damages, or any other ■ The name, address and telephone payment related to the illness or injury from number of your attorney with respect to any of the following: the third party's act; • The responsible person or that person's ■ Prior to the meeting,the date,time and insurer. location of any meeting between the • Uninsured motorist coverage. third party or his attorney and you,or your attorney; • Underinsured motorist coverage. ■ All terms of any settlement offer made • Other insurance coverage,including but by the third party or his insurer or your not limited to homeowner's,motor insurer; vehicle,or medical payments insurance. ■ All information discovered by you or You agree to recognize our rights under this your attorney concerning the insurance group health plan to subrogation and coverage of the third party; reimbursement.These rights provide us ■ The amount and location of any money with a priority over any money paid by a that is recovered by you from the third third party to you relative to the amount party or his insurer or your insurer, and paid by this group health plan,including the date that the money was received; priority over any claim for non-medical ■ Prior to settlement, all information charges,or other costs and expenses.We related to any oral or written settlement will assume all rights of recovery,to the agreement between you and the third extent of payment made under this group party or his insurer or your insurer; health plan,regardless of whether payment ■ All information regarding any legal is made before or after settlement of a third action that has been brought on your party claim, and regardless of whether you behalf against the third party or his have received full or complete insurer; and compensation for an illness or injury. ■ All other information requested by us. Procedures for Subrogation and Send this information to: Reimbursement You or your legal representative must do Wellmark Blue Cross and Blue Shield of whatever we request with respect to the Iowa exercise of our subrogation and 636 Grand Avenue, Station 151 reimbursement rights,and you agree to do Des Moines, IA 50309-2565 nothing to prejudice those rights. In You also agree to all of the following: addition, at the time of making a claim for benefits,you or your legal representative ■ You will immediately let us know about must inform us in writing if you were any potential claims or rights of recovery injured by a third party.You or your legal related to the illness or injury. representative must provide the following ■ You will furnish any information and information,by registered mail,within assistance that we determine we will seven(7)days of such injury to us as a need to enforce our rights under this condition to receipt of benefits: group health plan. Z5S 38H 78 Form Number:Wellmark IA Grp/GP—0108 General Provisions ■ You will do nothing to prejudice our entitled to recover its expenses,including rights and interests including,but not reasonable attorney fees and costs,incurred limited to,signing any release or waiver for such recovery. (or otherwise releasing) our rights, In the event we deem it necessary to without obtaining our written institute legal action against you if you fail permission. to repay us as required in this group health ■ You will not compromise,settle, plan,you shall be liable for the amount of surrender,or release any claim or right such payments made by us as well as all of of recovery described above,without our costs of collection,including reasonable obtaining our written permission. attorney fees and costs. ■ If payment is received from the other You hereby authorize the deduction of any party or parties,you must reimburse us to the extent of benefit payments made excess benefit received or benefits that under this group health plan. should not have been paid,from any present or future compensation payments. ■ In the event you or your attorney receive any funds in compensation for your You and your covered family member(s) illness or injury,you or your attorney must notify us if you have the potential right will hold those funds(up to and to receive payment from someone else.You including the amount of benefits paid must cooperate with us to ensure that our under this group health plan in rights to subrogation are protected. connection with the illness or injury)in Our right of subrogation and trust for the benefit of this group health reimbursement under this group health plan as trustee(s)for us until the extent plan applies to all rights of recovery, and not of our right to reimbursement or only to your right to compensation for subrogation has been resolved. medical expenses.A settlement or judgment ■ The amount of our subrogation interest structured in any manner not to include shall be paid first from any funds medical expenses, or an action brought by recovered on your behalf from any you or on your behalf which fails to state a source,without regard to whether you claim for recovery of medical expenses,shall have been made whole or fully not defeat our rights of subrogation and compensated for your losses, and the reimbursement if there is any recovery on "make whole"rule is specifically rejected your claim. and inapplicable under this group health plan. We reserve the right to offset any amounts ■ We will not be liable for payment of any owed to us against any future claim Payments. share of attorneys'fees or other expenses incurred in obtaining any Workers' Compensation recovery,except as expressly agreed in writing,and the"common fund"rule is If you have received benefits under this specifically rejected and inapplicable benefits plan for an injury or condition that under this group health plan. is the subject or basis of a workers compensation claim(whether litigated or It is further agreed that in the event that you not),we are entitled to reimbursement to fail to take the necessary legal action to the extent of benefits paid under this plan recover from the responsible party,we shall from your employer,your employer's have the option to do so and may proceed in workers'compensation carrier, or you in the its name or your name against the event that your claim is accepted or responsible party and shall be entitled to the adjudged to be covered under workers' recovery of the amount of benefits paid compensation. under this group health plan and shall be Form Number: Wellmark IA Grp/GP—0108 79 Z5S 38H General Provisions Furthermore,we are entitled to reimbursement from you to the full extent of benefits paid out of any proceeds you receive from any workers'compensation claim,regardless of whether you have been made whole or fully compensated for your losses, regardless of whether the proceeds represent a compromise or disputed settlement, and regardless of any characterization of the settlement proceeds by the parties to the settlement.We will not be liable for any attorney's fees or other expenses incurred in obtaining any proceeds for any workers'compensation claim. We utilize industry standard methods to identify claims that may be work-related. This may result in initial payment of some claims that are work-related.We reserve the right to seek reimbursement of any such claim or to waive reimbursement of any claim,at our discretion. Payment in Error If for any reason we make payment in error, we may recover the amount we paid. Notice If a specific address has not been provided elsewhere in this coverage manual,you may send any notice to Wellmark's home office: Wellmark Blue Cross and Blue Shield of Iowa 636 Grand Avenue Des Moines, IA 50309-2565 Any notice from Wellmark to you is acceptable when sent to your address as it appears on Wellmark's records or the address of the group through which you are enrolled. Z5S 38H 80 Form Number:Wellmark IA Grp/GP—0108 Glossary The definitions in this section are terms that are used in various sections of this coverage manual.A term that appears in only one section is defined in that section. Accidental Injury.An injury, ■ A medical care program of the Indian independent of disease or bodily infirmity Health Service or of a tribal or any other cause,that happens by chance organization. and requires immediate medical attention. ■ A state health benefits risk pool. Admission.Formal acceptance as a ■ Federal Employee Health Benefit Plan(a patient to a hospital or other covered health health plan offered under Chapter 89 of Title United States Code). care facility for a health condition. 5� ) Amount Charged.The amount that a ■ A State Children's Health Insurance provider bills for a service or supply or the Program(S-CHIP). retail price that a pharmacy charges for a ■ A public health plan as defined in prescription drug,whether or not it is federal regulations(including health covered under this group health plan. coverage provided under a plan established or maintained by a foreign Benefits. Medically necessary services or country or political subdivision). supplies that qualify for payment under this ■ A health benefits plan under Section group health plan. 5(e)of the Peace Corps Act. B1ueCard Program.The Blue Cross and Domestic Partner.Your unmarried, Blue Shield Association program that permits members of any Blue Cross or Blue same-sex domestic partner as defined by your employer or group sponsor. Shield Plan to have access to the advantages of PPO Network providers throughout the Group.Those plan members who share a United States. common relationship,such as employment Creditable Coverage.Any of the or membership. following categories of coverage,during Group Sponsor.The entity that sponsors which there was no break in coverage of this group health plan. more than 63 days: Illness or Injury.Any bodily disorder, • Group health plan(including bodily injury,disease,or mental health government and church plans). condition,including pregnancy and • Health insurance coverage(including complications of pregnancy. group,individual, and short-term Inpatient. Services received,or a person limited duration coverage). receiving services,while admitted to a • Medicare(Part A or B of Title XVIII of health care facility for at least an overnight the Social Security Act). stay. • Medicaid(Title XIX of the Social Maintenance.An industry-wide Security Act). classification for prescription drug • Medical care for members and certain treatments to control specific,ongoing former members of the uniformed health conditions. services,and for their dependents (Chapter 55 of Title io,United States Medical Appliance.A device or Code). mechanism designed to support or restrain part of the body(such as a splint,bandage or brace);to measure functioning or Form Number: Wellmark IA Grp/GL—1009 81 Z5S 38H i Glossary physical condition of the body(such as Plan Administrator.The employer or glucometers or devices to measure blood group sponsor of this group health plan for pressure); or to administer drugs(such as purposes of the Employee Retirement syringes). Income Security Act. Medically Urgent Situation.A situation Plan Member.The person who signed for where a longer,non-urgent response time to this group health plan. a pre-service notification could seriously PPO Provider.A facility or practitioner jeopardize the life or health of the benefits that participates with a Blue Cross or Blue plan member seeking services or,in the Shield preferred provider program. opinion of a physician with knowledge of the member's medical condition,would Services or Supplies.Any services, subject the member to severe pain that supplies,treatments,devices,or drugs, as cannot be managed without the services in applicable in the context of this coverage question. manual,that may be used to diagnose or Medicare.The federal government health treat a medical condition. insurance program established under Title Specialty Drugs. Drugs that are typically XVIII of the Social Security Act for people used for treating or managing chronic age 65 and older and for individuals of any illnesses.These drugs often require special age entitled to monthly disability benefits handling(e.g.,refrigeration) and under Social Security or the Railroad administration. Some specialty drugs may Retirement Program. It is also for those be taken orally,but others may require with chronic renal disease who require administration by injection,infusion,or hemodialysis or kidney transplant. inhalation. Specialty drugs may not be Member.A person covered under this available from a retail pharmacy. group health plan. Spouse.A husband or wife as the result of a marriage that is legally recognized in Nonparticipating Pharmacy.A Iowa,including common law. pharmacy that does not participate with the network used by this prescription drug We, Our, Us.Wellmark Blue Cross and benefits plan. Blue Shield of Iowa. Nonparticipating Provider.A facility or X-ray and Lab Services.Tests, practitioner that does not participate with a screenings,imagings, and evaluation Blue Cross or Blue Shield Plan. procedures identified in the American Outpatient. Services received,or a person Medical Association's Current Procedural Terminology(CPT)manual Standard receiving services,in a practitioner's office, Edition,under Radiology Guidelines and the home,the outpatient department of a pathology and Laboratory Guidelines. hospital,or an ambulatory surgery center. Participating Pharmacy.A pharmacy You,Your.The plan member and family that participates with the network used by members eligible for coverage under this this prescription drug benefits plan. group health plan. Participating Provider.A facility or practitioner that participates with a Blue Cross or Blue Shield Plan but not with a preferred provider program. Plan.The group health benefits program offered to you as an eligible employee for purposes of ERISA. Z5S 38H 82 Form Number:Wellmark IA Grp/GL—1009 Index A breast reconstruction........................................24 abuse of drugs..............................................12, 27 C accident deductible.............................................4 care coordination..............................................39 accidental injury................................................16 case management..............................................41 acupressure....................................................... 15 changes of coverage...........................................57 acupuncture..................................................9,15 chemical dependency ......................9,15 acute rehabilitation facilities......................39,41 chemical dependency drugs........................12,27 addiction.......................................................9,15 chemical dependency treatment facility...........19 admissions..................................................39,41 chemotherapy................................................9,15 adoption................................................53,54,57 child support order............ 55 ............................... advanced registered nurse practitioners....10,22 children......................................53,54,55,57,66 allergy immunizations......................................27 chiropractic services ................... 10,22 allergy services..............................................9,15 chiropractors...............................................10,22 ambulance services.......................................9,15 claim film ............................61,65 ambulatory facility............................................19 claim forms........................................................61 ambulatory facility services..............................16 claim payment..................................................62 amount charged..........................................47,50 COBRA coverage......................... 57,59 ................. anesthesia.................................................9,15,i6 coinsurance................................................3,5�45 annulment.........................................................57 common accident deductible appeals........................................................39,69 communication disorders..................................21 assignment of benefits......................................77 community mental health center......................19 athletic trainers.................................................23 complications....................................................33 audiologists.................................................10, 22 concealment of material fact............................58 authority to terminate or amend......................75 conditions of coverage.......................................31 authorized representative.................................75 continued stay review........................................41 B contraceptives........................................12,23,27 benefit coordination..........................................65 contract..............................................................75 contract amendment.........................................75 benefit year..................................................45,48 contract interpretation................................75,77 benefit year deductible........................................4 benefits maximum 6 convenience items............................................33 ...... ..................................... bereavement counseling...................................16 convenience packaging................................12,27 biological products......................................23,27 conversion coverage.........................................59 coordination of benefits....................................65 blood..............................................................9,15 BlueCard program 36,45 coordination of care..........................................39 ...................................... bone growth stimulation devices......................40 copayment....................................................3,4,7 bone marrow transplants..................................25 cosmetic drugs.............................................12,27 braces 18,21,24 cosmetic services...........................................9,15 ..................................................... cosmetic surgery..........................................11,24 brain injuries.....................................................42 brand name drugs.............. counseling......................................................9,16 branded generic drugs 12,26,49 coverage changes.........................................57,75 coverage continuation......................................58 83 Z5S 38H Index coverage effective date......................................53 eyeglasses..........................................................26 coverage eligibility......................................53,57 F coverage termination..................................57,58 creditable coverage 54,57,58 facilities........................................................10,19 ............................... family counseling...............................................16 custodial care....................................................18 family deductible................................................4 cysticfibrosis.....................................................42 family member as provider..............................33 D FDA-approved A-rated generic drug................49 damaged drugs.............................................12,27 fertility services.................................. lo, 17,40 death..................................................................57 filing claims..................................................61,65 deductible............................................................4 foot care(routine).............................................24 deductible amounts............................................3 foot doctors..................................................11,23 degenerative muscle disorders.........................42 foreign countries.........................................29,36 dental services..............................................10,16 foster children..............................................53,57 dependents................................53,54,55,57,66 fraud..................................................................58 diabetes........................................................10,16 G diabetic education........................................10,16 gamete intrafallopian transfer...........................17 dialysis..........................................................10,16 generic drugs.........................................12,27,49 dietary products....................................12,22,28 dgenetic testing.................:......................10,17,40 disabled dependents •••••••••••••••••••••••••••••••••••••••••53 GIFT(gamete intrafallopian transfer)..............17 dispense as written...........................................50 government programs................................33,65 divorce...............................................................57 group conversion coverage...............................59 doctors....................................................10,11,23 doctors of osteopathy 10,22 gynecological examinations.........................11,24 drug abuse..........................................9, 12, 15,27 H drug prior authorization...................................42 hairpieces.....................................................11,26 drug quantities............................4,26,27,29,50 hearing services...........................................10,17 drugrebates................................................48,51 hemophilia........................................................42 drug refills.........................................................29 high risk pregnancy..........................................42 drug tiers...........................................................49 home health services.................lo,18,39,41,42 drugs.................................................11,23,26,48 home infusion therapy...........................23,39,41 E home office(Wellmark)....................................80 effective date home skilled nursing.........................................18 eligibility for coverage............... home/durable medical equipment..1o,18,19,40 emergency services......................................10,17 hospice respite care...........................................19 employment physicals �4 hospice services...............................lo,19,39,41 EOB(explanation of health care benefits) hospital services...........................................16,58 erectile dysfunction.....................................12,28 hospitals.......................................................10,19 ERISA.................................................................71 I exclusion period....................................53,54,58 ID card................................................. .35,36,37 exclusions....................................................31,32 illness..........................................................10,20 experimental services.......................................32 immunizations.......................................12,24,27 explanation of health care benefits(EOB).......62 impacted teeth...................................................16 eye services...................................................11,26 impotence....................................................12,28 Z5S 38H 84 Index in vitro fertilization............................................17 mental health services.................................10,21 infertility drugs.....................................12,23, 28 mental health treatment facility........................19 infertility treatment ......10, 17,40 mental illness......................... 10,21 information disclosure......................................76 military service.................................................33 inhalation therapy.................................1o,18,20 misrepresentation.............................................58 injectable drugs.....................................12,23,28 morbid obesity treatment............................10,21 injury...........................................................1o,20 motor vehicles.............................................10,22 inpatient facility admission........................39,41 motorized wheelchairs.....................................40 inpatient services..................................41,45,58 multiple copayments..........................................4 insulin and supplies....................................12,28 muscle disorders.................. insulin supplies.................................................21 musculoskeletal treatment......................... 10,22 investigational services.....................................32 N irrigation solutions and supplies................12,28 narrow therapeutic index drug.........................50 K network savings................................................47 kidney dialysis...................................................16 new employees..................................................54 L newborn children.........................................54,57 nicotine dependence..............................13,23,28 L.P.N..................................................................18 nonassignment of benefits 77 .................... .......... laboratory services.......................................11,26 .. nonmedical services............................. 10,22,33 late enrollees...............................................54,58 nonparticipating pharmacies.....................37,50 legalaction........................................................77 nonparticipating providers...............................46 licensed independent social workers..........10,22 notice................................................................8o licensed practical nurses...................................18 notification of change........................................57 lifetime benefits maximum...........................6,34 notification requirements.................................39 limitations of coverage..4,6,9, 26,27,31,33,50 nursing facilities..............................19,39,41,58 lodging..........................................................11,26 nutritional products 12,22,28 lost or stolen items.......................................12,27 M O obesity surgery..................................................40 mail order drugs......................................4,27,37 obesity treatment.........................................10,21 mammograms..............................................11,24 occupational therapists...............................11,23 marriage............................................................57 occupational therapy.............................10,18,22 marriage counseling..........................................16 office visit copayment.....................................3A massage therapy................................................22 optometrists.................................................11,23 mastectomy.......................................................24 oral contraceptives.....................................23,27 maternity services.......................................10,20 oral surgeons 11,23 maximum allowable fee..............................47,50 organ transplants.........................................11,25 medicaid enrollment.........................................77 orthotics......................................................10,22 medical doctors......................................10,11,23 osteopathic doctors..................................... 10,22 medical equipment....................lo,13,18,19,28 other insurance...........................................33)65 medical supplies...........................................10,21 out of state facilities..........................................39 medical support order......................................55 out-of--area coverage.............................29�36,45 medically necessary..........................................31 out-of-pocket maximum.................................3,5 Medicare......................................................57,65 over-the-counter products..........................12,28 medicines.........................................11,23,26,48 85 Z5S 38H I Index oxygen..........................................................18,21 R PR.N...................................................10,18,20,22 packaging..........................................................27 radiation therapy...........................................9,15 papsmears........................................................24 rebates..........................................................48,51 participating pharmacies............................37,50 reconstructive surgery...........................11,24,40 participating providers.....................................35 refills.................................................................29 payment arrangements................................47,51 registered nurses.............................10,18,20,22 payment in error...............................................8o reimbursement of benefits.........................77,8o payment obligations...3,6,31,34,37,40,45,49, release of information......................................76 50 removal from coverage......................................57 personal items...................................................33 residential treatment...................................15,21 physical examinations.................................11,24 residential treatment facility 20 ............................ physical therapists.......................................11,23 respiratory therapy................................10,18,20 physical therapy.................................... 10,18,22 rights of action....................... physician assistants.....................................11,23 rights of appeal.................................................69 physicians...............................................10,11,22 routine services............................................11,24 plastic surgery...............................................9,15 S podiatrists....................................................11,23 PPO providers 35,46 self-administered injections..................12,23,28 p ............................................. practitioners............................... self-help.......................................................11,25 precertification......................................19,34,39 self-help drugs.............................................13,28 preexisting conditions.................................53,58 separation..........................................................57 preferred provider organization(PPO) 35 service area.......................................................36 pregnancy service maximums..............................................9 pregnancy(high risk sexual identification disorders..........................21 prenatal services...............................................20 skilled nursing services....................10,18, 20,41 ............................................. prenatal vitamins..............................................28 sleep apnea..................................................11,25 prescription drugs..................... 11,23, 26,48,49 social workers.............................................10,22 preventive care.............................................11,24 special enrollees................................................54 prior approval...................................................4o specialty self-administered drugs.. 13,23,24,28 prior authorization.............. 34,42 speech pathologists......................................11,23 prior creditable coverage 54 speech therapy.......................................11,25,40 .................................. Privacy...............................................................76 spinal cord injuries...........................................42 pronuclear stage transfer(PROST)...................17 sports physicals.................................................24 prosthetic devices...................................11,18,24 spouses.........................................................53,57 psychiatric medical institution for children stepchildren......................................................53 (PMIQ..........................................................20 sterilization........................................................17 psychiatric services...........................................21 students........................................................53,57 psychologists................................................11,23 subrogation........................................................77 nsurgery.........................................................11,25 �l surgical facility...................................................19 qualified medical child support order..............55 surgical facility services.....................................16 quantity limits.............................4,26,27,29,5o surgical supplies , Z5S 38H 86 i Index T vasectomy..........................................................17 temporomandibular joint disorder..............11,25 vehicles........................................................10,22 termination of coverage..............................57,58 vision services..............................................11,26 therapeutic devices.....................................13,28 W third parry liability............................................33 weight reduction....................................10,21,40 TMD tem oromandibular joint disorder). 2 � P J ) � 5 weight reduction drugs................................13,28 tobacco dependency drugs..........................13,28 well-child care..............................................11,24 tooth removal....................................................16 Wellmark drug list............................................48 transplants.......................................11,25,40,42 wigs..............................................................11,26 travel............................................................11,26 workers'compensation...............................33,79 travel physicals..................................................24 X tubal ligation......................................................17 Vx-rays...........................................................11,26 vaccines.............................................................23 87 Z5S 38H THE WEITZ RETIREMENT AND 401(K-)PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS INTRODUCTION TO YOUR PLAN Whatkind of Plan is this?...............................................................................................................................................................................1 What information does this Summary provide?..............................................................................................................................................l ARTICLE I PARTICIPATION IN THE PLAN Howdo I participate in the Plan?....................................................................................................................................................................1 How is my service determined for purposes of Plan eligibility?.....................................................................................................................2 What service is counted for purposes of Plan eligibility?...............................................................................................................................2 What happens if I'm a Participant,terminate employment and then I'm rehired?...........................................................................................3 ARTICLE II EMPLOYEE CONTRIBUTIONS What are salary deferrals and how do I contribute them to the Plan?.............................................................................................................3 Whatare rollover contributions?.....................................................................................................................................................................4 ARTICLE III EMPLOYER CONTRIBUTIONS What is the Employer matching contribution and how is it allocated?...........................................................................................................4 What is the Employer profit sharing contribution and how is it allocated?.....................................................................................................4 How is my service determined for allocation purposes?.................................................................................................................................5 What are forfeitures and how are they allocated?...........................................................................................................................................5 ARTICLE IV COMPENSATION AND ACCOUNT BALANCE What compensation is used to determine my Plan benefits?...........................................................................................................................5 Is there a limit on the amount of compensation which can be considered?.....................................................................................................7 Is there a limit on how much can be contributed to my account each year?....................................................................................................7 Howis the money in the Plan invested?..........................................................................................................................................................7 Will Plan expenses be deducted from my account balance?...........................................................................................................................7 ARTICLE V VESTING Whatis my vested interest in my account?.....................................................................................................................................................8 How is my service determined for vesting purposes?.....................................................................................................................................8 Whatservice is counted for vesting purposes?................................................................................................................................................9 What happens to my non-vested account balance if I'm rehired?....................................................................................................................9 What happens if the Plan becomes a"top-heavy plan"?..................................................................................................................................9 ARTICLE VI DISTRIBUTIONS PRIOR TO TERMINATION AND HARDSHIP DISTRIBUTIONS Can I withdraw money from my account while working?..............................................................................................................................10 Can I withdraw money from my account in the event of financial hardship?.................................................................................................10 1 ARTICLE VII BENEFITS AND DISTRIBUTIONS UPON TERMINATION OF EMPLOYMENT Whencan I get money out of the Plan?...........................................................................................................................................................I I What happens if I terminate employment before death or retirement?............................................................................................................1 I What happens if I terminate employment at Normal Retirement Date?..........................................................................................................1 I Howwill my benefits be paid to me?..............................................................................................................................................................12 ARTICLE VIII BENEFITS AND DISTRIBUTIONS UPON DEATH What happens if I die while working for the Employer?.................................................................................................................................12 Who is the beneficiary of my death benefit?...................................................................................................................................................12 How will the death benefit be paid to my beneficiary?...................................................................................................................................13 When must the last payment be made to my beneficiary?..............................................................................................................................13 What happens if I'm a Participant,terminate employment and die before receiving all my benefits?............................................................13 ARTICLE IX TAX TREATMENT OF DISTRIBUTIONS What are my tax consequences when I receive a distribution from the Plan?.................................................................................................13 Can I elect a rollover to reduce or defer tax on my distribution?....................................................................................................................13 ARTICLE X LOANS Isit possible to borrow money from the Plan?................................................................................................................................................14 Whatare the loan rules and requirements?......................................................................................................................................................14 ARTICLE XI PROTECTED BENEFITS AND CLAIMS PROCEDURES Aremy benefits protected?.............................................................................................................................................................................15 Are there any exceptions to the general rule?..................................................................................................................................................15 Canthe Plan be amended?..............................................................................................................................................................................15 What happens if the Plan is discontinued or terminated?................................................................................................................................15 Howdo I submit a claim for Plan benefits?....................................................................................................................................................15 Whatif my benefits are denied?......................................................................................................................................................................15 What is the Claims Review Procedure?..........................................................................................................................................................16 What are my rights as a Plan Participant?.......................................................................................................................................................17 What can I do if I have questions or my rights are violated?..........................................................................................................................18 ARTICLE XII GENERAL INFORMATION ABOUT THE PLAN PlanName.......................................................................................................................................................................................................18 PlanNumber...................................................................................................................................................................................................18 PlanEffective Dates........................................................................................................................................................................................18 OtherPlan Information...................................................................................................................................................................................18 EmployerInformation.....................................................................................................................................................................................19 PlanAdministrator Information......................................................................................................................................................................19 Plan Trustee Information and Plan Funding Medium.....................................................................................................................................20 2 THE WEITZ RETIREMENT AND 401(K-)PLAN SUMMARY PLAN DESCRIPTION INTRODUCTION TO YOUR PLAN What kind of Plan is this? The Weitz Retirement and 401(k)Plan(the"Plan")has been adopted to provide you with the opportunity to save for retirement on a tax- advantage basis.This Plan is a type of qualified retirement plan commonly referred to as a 401(k)Plan.As a Participant under the Plan, you may elect to contribute a portion of your compensation to the Plan. Types of Contributions.The following types of contributions may be made under this Plan: • employee salary deferrals including Roth 401(k)deferrals • employee rollover contributions • employer matching contributions • employer profit sharing contributions What information does this Summary provide? This Summary Plan Description("SPD")contains information regarding when you may become eligible to participate in the Plan,your Plan benefits,your distribution options,and many other features of the Plan.You should take the time to read this SPD to get a better understanding of your rights and obligations in the Plan. In this summary,your Employer has addressed the most common questions you may have regarding the Plan.If this SPD does not answer all of your questions,please contact the Administrator or other plan representative.The Administrator is responsible for responding to questions and making determinations related to the administration,interpretation,and application of the Plan.The name and address of the Administrator can be found at the end of this SPD in the Article entitled"General Information About the Plan." This SPD describes the Plan's benefits and obligations as contained in the legal Plan document,which governs the operation of the Plan. The Plan document is written in much more technical and precise language and is designed to comply with applicable legal requirements.If the non-technical language in this SPD and the technical,legal language of the Plan document conflict,the Plan document always governs. If you wish to receive a copy of the legal Plan document,please contact the Administrator. The Plan and your rights under the Plan are subject to federal laws,such as the Employee Retirement Income Security Act(ERISA)and the Internal Revenue Code,as well as some state laws.The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service(IRS)or Department of Labor(DOL).Your Employer may also amend or terminate this Plan.If the provisions of the Plan that are described in this SPD change,your Employer will notify you. ARTICLE I PARTICIPATION IN THE PLAN How do I participate in the Plan? Provided you are not an Excluded Employee,you may begin participating under the Plan once you have satisfied the eligibility requirements and reached your"Entry Date."The following describes the eligibility requirements and Entry Dates that apply.You should contact the Administrator if you have questions about the timing of your Plan participation. Salary Deferrals Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of salary deferrals.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of salary deferrals on your date of hire.However,you will actually enter the Plan once you reach the Entry Date as described below. 1 Entry Date.For purposes of salary deferrals,your Entry Date will be the date on which you satisfy the eligibility requirements. Matching Contributions Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of matching contributions.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of matching contributions when you have completed one(1) Year of Service.However,you will actually enter the Plan once you reach the Entry Date as described below. Entry Date.For purposes of matching contributions,your Entry Date will be the first day of the Plan Year quarter coinciding with or next following the date you satisfy the eligibility requirements. Profit Sharing Contributions Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of profit sharing contributions.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of profit sharing contributions when you have completed one (1)Year of Service.However,you will actually enter the Plan once you reach the Entry Date as described below. Entry Date.For purposes of profit sharing contributions,your Entry Date will be the first day of the Plan Year quarter coinciding with or next following the date you satisfy the eligibility requirements. How is my service determined for purposes of Plan eligibility? Year of Service.You will have completed a Year of Service if at the end of the 12-month period beginning on your date of hire you have been credited with at least 1,000 Hours of Service.If you have not been credited with 1,000 Hours of Service by the end of that period,you will have completed a Year of Service at the end of any following Plan Year during which you were credited with 1,000 Hours of Service. Hour of Service.You will be credited with your actual Hours of Service for: (a) each hour for which you are directly or indirectly compensated by the Employer for the performance of duties during the Plan Year; b each hour for which you are directly or indirectly compensated b the Employer for reasons other than the performance of duties ( ) Y Y Y P Y P such as vacation holidays,sickness disability, -off,military du du or leave of absence during the Plan Year•and ( Y � tY, Y rY tY Jam'duty g ) (c) each hour for back pay awarded or agreed to by the Employer. You will not be credited for the same Hours of Service both under(a)or(b),as the case may be,and under(c). What service is counted for purposes of Plan eligibility? Service with the Employer.In determining whether you satisfy the minimum service requirements to participate under the Plan,all service you perform for the Employer will be counted. Service with another Employer.For eligibility purposes,your Years of Service after December 31,2000 with Abell-Howe Construction, Norris and Associates,Inc.,and Hy-Vee Weitz Construction,L.C.,will be counted. Military Service.If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act of 1994,your qualified military service may be considered service with the Employer.If you think you may be affected by these rules,ask the Plan Administrator for further details. 2 What happens if I'm a Participant,terminate employment and then I'm rehired? If you are no longer a Participant because you terminated employment,and you are rehired,then you will be able to participate in the Plan on your date of rehire provided you are otherwise eligible to participate in the Plan. ARTICLE II EMPLOYEE CONTRIBUTIONS What are salary deferrals and how do I contribute them to the Plan? Salary Deferrals.As a Participant under the Plan,you may elect to reduce your compensation by a specific percentage or dollar amount and have that amount contributed to the Plan as a salary deferral.Effective July 1,2008,there are two types of salary deferrals:Pre-Tax 401(k)deferrals and Roth 401(k)deferrals.For purposes of this SPD,"salary deferrals"generally means both Pre-Tax 401(k)deferrals and Roth 401(k)deferrals.Regardless of the type of deferral you make,the amount you defer is counted as compensation for purposes of Social Security taxes. Pre-Tax 401(k)Deferrals.If you elect to make Pre-Tax 401(k)deferrals,then your taxable income is reduced by the deferral contributions so you pay less in federal income taxes.Later,when the Plan distributes the deferrals and earnings,you will pay the taxes on those deferrals and the earnings.Therefore,with a Pre-Tax 401(k)deferral,federal income taxes on the deferral contributions and on the earnings are only postponed.Eventually,you will have to pay taxes on these amounts. Roth 401(k)Deferrals.If you elect to make Roth 401(k)deferrals,the deferrals are subject to federal income taxes in the year of deferral.However,the deferrals and,in most cases,the earnings on the deferrals are not subject to federal income taxes when distributed to you.In order for the earnings to be tax free,you must meet certain conditions.See"What are my tax consequences when I receive a distribution from the Plan?"below. Deferral procedure.The amount you elect to defer will be deducted from your pay in accordance with a procedure established by the Administrator.The procedure requires you to take affirmative action if you do not want any portion of your pay deferred to the plan.You may elect to defer a portion of your salary as of your Entry Date.Such election will become effective as soon as administratively feasible after it is received by the Administrator.Your election will remain in effect until you modify or terminate it. Deferral modifications.You are permitted to revoke your salary deferral election any time during the Plan Year.You may make any other modification on the first day of any payroll period or in accordance with any other procedure that your Employer provides.Any modification will become effective as soon as administratively feasible after received by the Administrator. Deferral Limit.As a Participant,you may elect to defer not less than I%and not more than 100%of your compensation each year instead of receiving that amount in cash.Your total deferrals in any taxable year may not exceed a dollar limit which is set by law.The limit for 2010 is$16,500.After 2010,the dollar limit may increase for cost-of-living adjustments.See the paragraph below called"Annual dollar limit." Catch-up contributions.Effective January 1,2002,if you are age 50 or over(or will attain age 50 before the end of a calendar year),then you may elect to defer additional amounts(called"catch-up contributions")to the Plan as of the January 1 st of that year.The additional amounts may be deferred regardless of any other limitations on the amount that you may defer to the Plan.The maximum"catch-up contribution"that you can make in 2010 is$5,500.After 2010,the maximum may increase for cost-of-living adjustments. Automatic Deferral.Effective January 1,2001,the Plan includes an automatic salary deferral feature.Accordingly,unless you make an alternative salary deferral election,your Employer will automatically withhold a portion of your compensation from your pay each payroll period and contribute that amount to the Plan as a Pre-Tax 401(k)deferral according to the following: I • Application to new Participants.The automatic deferral provisions apply to Employees who become Participants on or after the effective date of the automatic deferral provisions. • Application to existing Participants.For those Participants in the Plan as of the effective date of the automatic deferral provisions,the automatic deferral provisions apply to all Participants,except those who have a salary deferral agreement in effect on the automatic deferral provisions effective date,provided that the deferral amount under the agreement is at least equal to the automatic deferral amount specified below. Automatic deferral provisions.The following provisions apply to these automatic deferrals: • You may complete a salary deferral agreement to select an alternative deferral amount or to elect not to defer under the Plan in accordance with the deferral procedures of the Plan. • The amount to be automatically withheld from your pay each payroll period will be equal to 3%of your compensation. Contact the Administrator if you have any questions concerning the application of this automatic contribution provision. 3 Annual dollar limit.You should also be aware that each separately stated annual dollar limit on the amount you may defer(the annual deferral limit and the"catch-up contribution"limit)is a separate aggregate limit that applies to all such similar salary deferral amounts and "catch-up contributions"you may make under this Plan and any other cash or deferred arrangements(including tax-sheltered 403(b) annuity contracts,simplified employee pensions or other 401(k)plans)in which you may be participating.Generally,if an annual dollar limit is exceeded,then the excess must be returned to you in order to avoid adverse tax consequences.For this reason,it is desirable to request in writing that any such excess salary deferral amounts and"catch-up contributions"be returned to you. If you are in more than one plan,you must decide which plan or arrangement you would like to return the excess.If you decide that the excess should be distributed from this Plan,you must communicate this in writing to the Administrator no later than the March l st following the close of the calendar year in which such excess deferrals were made.However,if the entire dollar limit is exceeded in this Plan or any other plan your Employer maintains,then you will be deemed to have notified the Administrator of the excess.The Administrator will then return the excess deferrals and any earnings to you by April 15th. Allocation of deferrals.The Administrator will allocate the amount you elect to defer to an account maintained on your behalf.You will always be 100%vested in this account(see the Article in this SPD entitled"Vesting").This means that you will always be entitled to all amounts that you defer.This money will,however,be affected by any investment gains or losses.If there is an investment gain,then the balance in your account will increase.If there is an investment loss,then the balance in your account will decrease. Distribution of deferrals.The rules regarding distributions of amounts attributable to your salary deferrals are explained later in this SPD. However,if you are a highly compensated employee(generally more than 5%owners or individuals receiving wages in excess of certain amounts established by law),a distribution of certain amounts attributable to your salary deferrals may have to be returned to you if certain nondiscrimination requirements are not met.The Administrator will notify you when a distribution is required. What are rollover contributions? Rollover contributions.At the discretion of the Administrator,once you become a Participant(for so long as you remain employed),or if you are an eligible employee still within the waiting period,you may be permitted to deposit into the Plan distributions you have received from other plans and certain IRAs.Such a deposit is called a"rollover"and may result in tax savings to you.You may ask the Administrator or Trustee of the other plan or IRA to directly transfer(a"direct rollover")to this Plan all or a portion of any amount that you are entitled to receive as a distribution from such plan.Alternatively,you may elect to deposit any amount eligible to be rolled over within 60 days of your receipt of the distribution.You should consult qualified counsel to determine if a rollover is in your best interest. Rollover accou nt Your rollover will be accou nt ed f o r in a"rollover account."You will always be 100 vested in your„rollover account” (see the Article in this SPD entitled"Vesting").This means that you will always be entitled to all amounts in your rollover account. Rollover contributions will be affected by any investment gains or losses. Withdrawal of rollover contributions.You may withdraw the amounts in your"rollover account"at any time. ARTICLE III EMPLOYER CONTRIBUTIONS In addition to any deferrals you elect to make,your Employer may make additional contributions to the Plan.This Article describes Employer contributions that may be made to the Plan and how your share of the contributions is determined. What is the Employer matching contribution and how is it allocated? Matching Contribution.Your Employer may make a discretionary matching contribution equal to a uniform percentage of your salary deferrals.Each year,your Employer will determine the amount of the discretionary percentage. Limit on matching percentage.In applying this matching percentage,however,salary deferrals for each year that exceed 10%of your compensation for such period will not be considered.For example,if you defer 6%of compensation for six months and then change your deferral to 0%for the remaining six months of the year,then you will have deferred 3%of compensation for the purposes of determining your matching contribution. Allocation conditions.In order to share in the matching contribution for a Plan Year,you must satisfy the following conditions: • If you are employed on the last day of the Plan Year,you will share if you completed a Year of Service during the Plan Year. • You will share in the matching contribution for the year regardless of the amount of service you complete during the Plan Year in the year of your death,disability or retirement. What is the Employer profit sharing contribution and how is it allocated? Profit sharing contribution.Each year,your Employer may make a discretionary profit sharing contribution to the Plan.Your share of any contribution is determined below. 4 i Allocation conditions.In order to share in the profit sharing contribution you must satisfy the following conditions: • If you are employed on the last day of the Plan Year,you will share if you completed a Year of Service during the Plan Year. • You will share in the profit sharing contribution for the year regardless of the amount of service you complete during the Plan Year in the year of your death,disability or retirement. Your share of the contribution.The profit sharing contribution will be"allocated"or divided among Participants eligible to share in the contribution for the Plan Year. Your share of the profit sharing contribution is determined by the following fraction: Profit Sharing Contribution X Your Compensation Total Compensation of All Participants Eligible to Share For example:Suppose the profit sharing contribution for the Plan Year is$20,000.Employee A's compensation for the Plan Year is $25,000.The total compensation of all Participants eligible to share,including Employee A,is$250,000.Employee A's share will be: $20,000 X $25,000 or $2,000 $250,000 How is my service determined for allocation purposes? Year of Service.You will have completed a Year of Service for a Plan Year if you have completed at least 1,000 Hours of Service during the Plan Year. Hour of Service.You will be credited with your actual Hours of Service for: (a) each hour for which you are directly or indirectly compensated by the Employer for the performance of duties during the Plan Year; (b) each hour for which you are directly or indirectly compensated by the Employer for reasons other than the performance of duties (such as vacation,holidays,sickness,disability,lay-off,military duty,jury duty or leave of absence during the Plan Year);and (c) each hour for back pay awarded or agreed to by the Employer. You will not be credited for the same Hours of Service both under(a)or(b),as the case may be,and under(c). What are forfeitures and how are they allocated? Definition of forfeitures.In order to reward employees who remain employed with the Employer for a long period of time,the law permits a"vesting schedule"to be applied to certain contributions that your Employer makes to the Plan.This means that you will not be entitled ("vested")in all of the contributions until you have been employed with the Employer for a specified period of time(see the Article entitled "Vesting").If a Participant terminates employment before being fully vested,then the non-vested portion of the terminated Participant's account balance remains in the Plan and is called a forfeiture.Forfeitures may be used by the Plan for several purposes. Allocation of forfeitures.Forfeitures will be allocated as follows: • Forfeitures may first be used to pay any administrative expenses. • Any remaining forfeitures attributable to amounts other than Employer matching contributions will be added to any Employer discretionary contribution. • Any remaining forfeitures attributable to matching contributions will be used to reduce any Employer contribution. ARTICLE IV COMPENSATION AND ACCOUNT BALANCE What compensation is used to determine my Plan benefits? Definition of compensation.For the purposes of the Plan,compensation has a special meaning.Compensation is generally defined as your total compensation that is subject to income tax and paid to you by your Employer during the Plan Year.If you are a self-employed 5 individual,your compensation will be equal to your earned income.The following describes the adjustments to compensation that may apply for the different types of contributions provided under the Plan. Salary Deferrals Adjustments to compensation.The following adjustments to compensation will be made for purposes of salary deferrals: • salary deferrals to this Plan and to any other plan or arrangement(such as a cafeteria plan)will be included • compensation paid prior to your becoming a Participant will be excluded • Exclude reimbursements or other expense allowances,fringe benefits(cash&noncash),welfare benefits,marketing incentives, subsistence adjustments and relocation incentive payments,cost-of-living adjustments,heavy traveler's adjustments,and non- compensatory one-time payments such as hiring bonuses,moving allowances,etc. Effective October 1,2010,prevailing wages are excluded from compensation for all contribution types. • compensation paid after you terminate is generally excluded for Plan purposes.However,the following amounts will be included in compensation even though they are paid after you terminate employment,provided these amounts would otherwise been considered compensation as described above and provided they are paid within 2 1/2 months after you terminate employment,or if later,the last day of the Plan Year in which you terminate employment: • compensation paid after you terminate employment for services performed during your regular working hours,or for services outside your regular working hours(such as overtime or shift differential),commissions,bonuses,or other similar payments that would have been made to you had you continued employment Matching Contributions Adjustments to compensation.The following adjustments to compensation will be made for purposes of matching contributions: • salary deferrals to this Plan and to any other plan or arrangement(such as a cafeteria plan)will be included • compensation paid prior to your becoming a Participant will be excluded • Exclude reimbursements or other expense allowances,fringe benefits(cash&noncash),welfare benefits,marketing incentives, subsistence adjustments and relocation incentive payments,cost-of-living adjustments,heavy traveler's adjustments,and non- compensatory one-time payments such as hiring bonuses,moving allowances,etc. Effective October 1,2010,prevailing wages are excluded from compensation for all contribution types. • compensation paid after you terminate is generally excluded for Plan purposes.However,the following amounts will be included in compensation even though they are paid after you terminate employment,provided these amounts would otherwise been considered compensation as described above and provided they are paid within 2 1/2 months after you terminate employment,or if later,the last day of the Plan Year in which you terminate employment: • compensation paid after you terminate employment for services performed during your regular working hours,or for services outside your regular working hours(such as overtime or shift differential),commissions,bonuses,or other similar payments that would have been made to you had you continued employment Profit Sharing Contributions Adjustments to compensation.The following adjustments to compensation will be made for purposes of profit sharing contributions: • salary deferrals to this Plan and to any other plan or arrangement(such as a cafeteria plan)will be included • compensation paid prior to your becoming a Participant will be excluded • Exclude reimbursements or other expense allowances,fringe benefits(cash&noncash),welfare benefits,marketing incentives, subsistence adjustments and relocation incentive payments,cost-of-living adjustments,heavy traveler's adjustments,and non- compensatory one-time payments such as hiring bonuses,moving allowances,etc. Effective October 1,2010,prevailing wages are excluded from compensation for all contribution types. • compensation paid after you terminate is generally excluded for Plan purposes.However,the following amounts will be included in compensation even though they are paid after you terminate employment,provided these amounts would otherwise been considered compensation as described above and provided they are paid within 2 1/2 months after you terminate employment,or if later,the last day of the Plan Year in which you terminate employment: 6 i • compensation paid after you terminate employment for services performed during your regular working hours,or for services outside your regular working hours(such as overtime or shift differential),commissions,bonuses,or other similar payments that would have been made to you had you continued employment Is there a limit on the amount of compensation which can be considered? The Plan,by law,cannot recognize annual compensation in excess of a certain dollar limit.The limit for the Plan Year beginning in 2010 is $245,000.After 2010,the dollar limit may increase for cost-of-living adjustments. Is there a limit on how much can be contributed to my account each year? Generally,the law imposes a maximum limit on the amount of contributions(excluding catch-up contributions)that may be made to your account and any other amounts allocated to any of your accounts during the Plan Year,excluding earnings.Beginning in 2010,this total cannot exceed the lesser of$49,000 or 100%of your annual compensation.After 2010,the dollar limit may increase for cost-of-living adjustments. How is the money in the Plan invested? The Trustee of the Plan has been designated to hold the assets of the Plan for the benefit of Plan Participants and their beneficiaries in accordance with the terms of this Plan.The trust fund established by the Plan's Trustee will be the funding medium used for the accumulation of assets from which Plan benefits will be distributed. Participant directed investments.You will be able to direct the investment of certain portions of your interest in the Plan.The Administrator will provide you with information on the investment choices available to you,the procedures for making investment elections,the frequency with which you can change your investment choices and other important information.You need to follow the procedures for making investment elections and you should carefully review the information provided to you before you give investment directions.If you do not direct the investment of your applicable Plan accounts,then your accounts will be invested in accordance with the default investment alternatives established under the Plan.These default investments will be made in accordance with specific rules under which the fiduciaries of the Plan,including the Employer,the Trustee and the Plan Administrator,will be relieved of any legal liability for any losses resulting from the default investments.The Plan Administrator has or will provide you with a separate notice which details these default investments and your right to switch out of the default investment if you so desire. The Plan is intended to comply with Section 404(c)of ERISA(the Employee Retirement Income Security Act).If the Plan complies with this Section,then the fiduciaries of the Plan,including your Employer,the Trustee and the Administrator,will be relieved of any legal liability for any losses which are the direct and necessary result of the investment directions that you give. Earnings or losses.When you direct investments,your accounts are segregated for purposes of determining the earnings or losses on these investments.Your account does not share in the investment performance of other Participants who have directed their own investments. You should remember that the amount of your benefits under the Plan will depend in part upon your choice of investments.Gains as well as losses can occur and your Employer,the Administrator,and the Trustee will not provide investment advice or guarantee the performance of any investment you choose. Account limitations.You may only direct the investment of amounts in the following accounts: • Pre-Tax 401(k)deferral accounts • Roth 401(k)deferral accounts,effective April 1,2011 • account(s)attributable to Employer matching contributions • accounts attributable to Employer profit sharing contributions • rollover account Will Plan expenses be deducted from my account balance? Expenses allocated to all accounts.The Plan permits the payment of Plan expenses to be made from the Plan's assets.If expenses are paid using the Plan's assets,then the expenses will generally be allocated among the accounts of all Participants in the Plan.These expenses will be allocated either proportionately based on the value of the account balances or as an equal dollar amount based on the number of Participants in the Plan.The method of allocating the expenses depends on the nature of the expense itself.For example,certain administrative(or recordkeeping)expenses would typically be allocated proportionately to each Participant.If the Plan pays$1,000 in expenses and there are 100 Participants,your account balance would be charged$10($1,000/100)of the expense. Expenses allocated to individual accounts.There are certain other expenses that may be paid just from your account.These are expenses that are specifically incurred by,or attributable to,you.For example,if you are married and get divorced,the Plan may incur additional 7 expenses if a court mandates that a portion of your account be paid to your ex-spouse.These additional expenses may be paid directly from your account(and not the accounts of other Participants)because they are directly attributable to you under the Plan.The Administrator will inform you when there will be a charge(or charges)directly to your account. Your Employer may,from time to time,change the manner in which expenses are allocated. ARTICLE V VESTING What is my vested interest in my account? In order to reward employees who remain employed with the Employer for a long period of time,the law permits a"vesting schedule"to be applied to certain contributions that your Employer makes to the Plan.This means that you will not be entitled("vested")in all of the contributions until you have been employed with the Employer for a specified period of time. 100 0 vested contributions.You are always 100%vested(which means that you are entitled to all of the amounts)in your accounts attributable to the following contributions: • salary deferrals including Roth 401(k)deferrals and catch-up contributions • rollover contributions Vesting schedules.Your"vested percentage"for certain Employer contributions is based on vesting Years of Service.This means at the time you stop working for a reason other than your death or retirement,your account balance attributable to contributions subject to a vesting schedule is multiplied by your vested percentage.The result,when added to the amounts that are always 100%vested as shown above,is your vested interest in the Plan,which is what you will actually receive from the Plan.You will always,however,be 100%vested if you are employed on or after your Normal Retirement Age,or if you die while employed by your Employer. Your"vested percentage"in your account attributable to profit sharing contributions is determined under the following schedule. Vesting Schedule Profit Sharing Contributions Years of Service Percentage Less than 2 0% 2 50% 3 100% Matching Contributions.Your"vested percentage"in your account attributable to matching contributions is determined under the following schedule. Vesting Schedule Matching Contributions Years of Service Percentage Less than 2 0% 2 50% 3 100% How is my service determined for vesting purposes? Year of Service.To earn a Year of Service,you must be credited with at least 1,000 Hours of Service during a Plan Year.The Plan contains specific rules for crediting Hours of Service for vesting purposes.The Administrator will track your service and will credit you with a Year of Service for each Plan Year in which you are credited with the required Hours of Service,in accordance with the terms of the Plan.If you have any questions regarding your vesting service,you should contact the Administrator. Hour of Service.You will be credited with your actual Hours of Service for: (a) each hour for which you are directly or indirectly compensated by the Employer for the performance of duties during the Plan Year; (b) each hour for which you are directly or indirectly compensated by the Employer for reasons other than the performance of duties (such as vacation,holidays,sickness,disability,lay-off,military duty,jury duty or leave of absence during the Plan Year);and (c) each hour for back pay awarded or agreed to by the Employer. I 8 You will not be credited for the same Hours of Service both under(a)or(b),as the case may be,and under(c). What service is counted for vesting purposes? Service with the Employer.In calculating y our vested percentage,all service you perform for the Employer will generally be counted. However,there are some exceptions to this general rule. Break in Service rules.If you terminate employment and are rehired,you may lose credit for prior service under the Plan's Break in Service rules. For vesting purposes,you will have a Break in Service if you complete less than 500 Hours of Service during the computation period used to determine whether you have a Year of Service.However,if you are absent from work for certain leaves of absence such as a maternity or paternity leave,you may be credited with enough Hours of Service to prevent a Break in Service. Five-year Break in Service rule.The five-year Break in Service rule applies only to Participants who had no vested interest in the Plan when employment had terminated.If you were not vested in any amounts when you terminated employment and you have five 1- Year Breaks in Service(as defined above),all the service you earned before the 5-year period no longer counts for vesting purposes. Thus,if you return to employment after incurring five 1-Year Breaks in Service,you will be treated as a new employee(with no service)for purposes of determining your vested percentage under the Plan. Service with another Employer.For vesting purposes,your Years of Service after December 31,2000,with Abell-Howe Construction, Norris and Associates,Inc.,Hy-Vee Weitz Construction,L.C.,and Fairway Construction will be counted. Military Service.If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act of 1994,your qualified military service may be considered service with the Employer.If you may be affected by this law,ask the Administrator for further details. What happens to my non-vested account balance if I'm rehired? If you have no vested interest in the Plan when you leave,your account balance will be forfeited.However,if you are rehired before incurring five 1-Year Breaks in Service,your account balance as of your termination date will be restored,unadjusted for any gains or losses. If you are partially vested in your account balance when you leave,the non-vested portion of your account balance will be forfeited on the earlier of the date: (a) of the distribution of your vested account balance,or (b) when you incur five consecutive 1-year Breaks in Service. If you received a distribution of your vested account balance and are rehired,you may have the right to repay this distribution.If you repay the entire amount of the distribution,your Employer will restore your account balance with your forfeited amount.You must repay this distribution within five years from your date of reemployment,or,if earlier,before you incur five 1-Year Breaks in Service.If you were 100%vested when you left,you do not have the opportunity to repay your distribution. What happens if the Plan becomes a"top-heavy plan"? Top-heavy plan.A retirement plan that primarily benefits"key employees"is called a"top-heavy plan."Key employees are certain owners or officers of your Employer.A plan is generally a"top-heavy plan"when more than 60%of the plan assets are attributable to key employees.Each year,the Administrator is responsible for determining whether the Plan is a"top-heavy plan." Top-heavy rules.If the Plan becomes top-heavy in any Plan Year,then non-key employees may be entitled to certain"top-heavy minimum benefits,"and other special rules will apply.These top-heavy rules include the following: ;enefits." Your Employer may be required to make a contribution on your behalf in order to provide you with at least"top-heavy minimum • If you are a Participant in more than one Plan,you may not be entitled to"top-heavy minimum benefits"under both Plans. 9 I ARTICLE VI DISTRIBUTIONS PRIOR TO TERMINATION AND HARDSHIP DISTRIBUTIONS Can I withdraw money from my account while working? In-service distributions.You may be entitled to receive an in-service distribution.However,this distribution is not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at retirement.This distribution is made at your election and will be made in accordance with the forms of distributions available under the Plan. Conditions.Generally you may receive a distribution from the Plan prior to your termination of employment provided you satisfy any of the following conditions: • you have attained age 59 1/2 Also,the law restricts any in-service distributions from certain accounts which are maintained for you under the Plan before you reach age 59 1/2.These accounts are the ones set up to receive your salary deferral contributions and other Employer contributions which are used to satisfy special rules for 401(k)plans.Ask the Administrator if you need more details. Account restrictions.You may request an in-service distribution only from the vested portion of the following accounts: • pre-tax 401(k)deferral accounts • Roth 401(k)deferral accounts,effective April 1,2011 • account(s)attributable to Employer matching contributions • qualified nonelective contribution accounts Can I withdraw money from my account in the event of financial hardship? Hardship distributions.You may withdraw money for financial hardship if you satisfy certain conditions.This hardship distribution is not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at retirement. Qualifying expenses.A hardship distribution may be made to satisfy certain immediate and heavy financial needs that you have.A hardship distribution may only be made for payment of the following: ;ourExpenses for medical care(described in Section 213(d)of the Internal Revenue Code)previously incurred by you,your spouse or dependent or necessary for you,your spouse or your dependent to obtain medical care. • Costs directly related to the purchase of your principal residence(excluding mortgage payments). ;ourself,Tuition,related educational fees,and room and board expenses for the next twelve(12)months of post-secondary education for your spouse or your dependent. • Amounts necessary to prevent your eviction from your principal residence or foreclosure on the mortgage of your principal residence. • Payments for burial or funeral expenses for your deceased parent,spouse,children or other dependents. • Expenses for the repair of damage to your principal residence that would qualify for the casualty deduction under the Internal Revenue Code. Conditions.If you have any of the above expenses,a hardship distribution can only be made if you certify and agree that all of the following conditions are satisfied: (a) The distribution is not in excess of the amount of your immediate and heavy financial need.The amount of your immediate and heavy financial need may include any amounts necessary to pay any federal,state,or local income taxes or penalties reasonably anticipated to result from the distribution; (b) You have obtained all distributions,other than hardship distributions,and all nontaxable loans currently available under all plans that your Employer maintains;and (c) That you will not make any salary deferrals for at least six(6)months after your receipt of the hardship distribution. 10 Account restrictions.You may request a hardship distribution only from the vested portion of the following accounts: • pre-tax 401(k)deferral accounts • Roth 401(k)deferral accounts,effective April 1,2011 • account(s)attributable to Employer matching contributions • account(s)attributable to Employer profit sharing contributions In addition,there are restrictions placed on hardship distributions which are made from certain accounts.These accounts are the ones set up to receive your salary deferral contributions and other Employer contributions which are used to satisfy special rules that apply to 401(k) plans.Generally,the only amounts that can be distributed to you on account of a hardship from these accounts are your salary deferrals. The earnings on your salary deferrals and special Employer contributions may not be distributed to you on account of a hardship.Ask the Administrator if you need further details. ARTICLE VII BENEFITS AND DISTRIBUTIONS UPON TERMINATION OF EMPLOYMENT When can I get money out of the Plan? This Plan is designed to provide you with retirement benefits.However,distributions are permitted if you die.In addition,certain payments are permitted when you terminate employment for any other reason.The rules under which you can receive a distribution are described in this Article.The rules regarding the payment of death benefits to your beneficiary are described in the Article entitled"Benefits and Distributions Upon Death." You may receive a distribution of the vested portion of some or all of your accounts in the Plan for the following reasons: • termination of employment for reasons other than death,disability or retirement • normal retirement You may also receive distributions while you are still employed with the Employer.(See the Article entitled"Distributions Prior to Termination and Hardship Distributions"for a further explanation.) Military Service.If you are a veteran and are reemployed under the Uniformed Services Employment and Reemployment Rights Act of 1994,your qualified military service may be considered service with the Employer.There may also be benefits for employees who die or become disabled while on active duty.Employees who receive wage continuation payments while in the military may benefit from recent changes in the law.Ask the Administrator for further details. Distributions for deemed severance of employment.If you are on active duty in the military for more than 30 days,then the Plan treats you as having severed employment for distribution purposes.This means that you may request a distribution from the Plan.If you request a distribution on account of this deemed severance of employment,then you are not permitted to make any contributions to the Plan for 6 (six)months after the date of the distribution. What happens if I terminate employment before death or retirement? If your employment terminates for reasons other than death or normal retirement,you will be entitled to receive only the"vested percentage"of your account balance. You may elect to have your vested account balance distributed to you as soon as administratively feasible following your termination of employment.However,if the value of your vested account balance does not exceed$5,000,then a distribution will be made to you regardless of whether you consent to receive it.(See the question entitled"How will my benefits be paid to me?"for additional information.) Amounts in your rollover account will not be considered as part of your benefit for determining if the value of your vested account balance exceeds the$5,000 threshold used to determine whether you must consent to a distribution. What happens if I terminate employment at Normal Retirement Date? Normal Retirement Date.You will attain your Normal Retirement Age when you reach your 65th birthday.Your Normal Retirement Date is the date on which you attain your Normal Retirement Age. Payment of benefits.You will become 100%vested in all of your accounts under the Plan if you retire on or after your Normal Retirement Age.However,the actual payment of benefits generally will not begin until you have terminated employment and reached your Normal Retirement Date.In such event,a distribution will be made,at your election,as soon as administratively feasible.If you remain employed 11 past your Normal Retirement Date,you may generally defer the receipt of benefits until you actually terminate employment.In such event, benefit payments will begin as soon as feasible at your request,but not later than age 70 1/2.(See the question entitled"How will my benefits be paid to me?"for an explanation of how these benefits will be paid.) How will my benefits be paid to me? Forms of distribution.If your vested account balance does not exceed$5,000,then your vested account balance may only be distributed to you in a single lump-sum payment.In determining whether your vested account balance exceeds the$5,000 dollar threshold,"rollovers" (and any earnings allocable to"rollover"contributions)will not be taken into account.In addition,if your vested account balance exceeds $5,000,you must consent to any distribution before it may be made.If your vested account balance exceeds$5,000,you may elect to receive a distribution of your vested account balance in: • a single lump-sum payment • installments over a period of not more than your assumed life expectancy(or the assumed life expectancies of you and your beneficiary) Delaying distributions.You may delay the distribution of your vested account balance unless a distribution is required to be made,as explained earlier,because your vested account balance does not exceed$5,000.However,if you elect to delay the distribution of your vested account balance,there are rules that require that certain minimum distributions be made from the Plan.If you are a 5%owner, distributions are required to begin not later than the April I st following the end of the year in which you reach age 70 1/2.If you are not a 5%owner,distributions are required to begin not later than the April I st following the later of the end of the year in which you reach age 70 1/2 or retire.You should see the Administrator if you think you may be affected by these rules. Medium of payment.Benefits under the Plan will generally be paid to you in cash or in property. ARTICLE VIII BENEFITS AND DISTRIBUTIONS UPON DEATH What happens if I die while working for the Employer? If you die while still employed by the Employer,then 100%of your account balance will be used to provide your beneficiary with a death benefit. Who is the beneficiary of my death benefit? Married Participant.If you are married at the time of your death,your spouse will be the beneficiary of the entire death benefit unless an election is made to change the beneficiary.IF YOU WISH TO DESIGNATE A BENEFICIARY OTHER THAN YOUR SPOUSE,YOUR SPOUSE MUST IRREVOCABLY CONSENT TO WAIVE ANY RIGHT TO THE DEATH BENEFIT.YOUR SPOUSE'S CONSENT MUST BE IN WRITING,BE WITNESSED BY A NOTARY OR A PLAN REPRESENTATIVE AND ACKNOWLEDGE THE SPECIFIC NONSPOUSE BENEFICIARY. If you are married and you change your designation,then your spouse must again consent to the change.In addition,you may elect a beneficiary other than your spouse without your spouse's consent if your spouse cannot be located. Unmarried Participant.If you are not married,you may designate a beneficiary on a form to be supplied to you by the Administrator. Divorce.If you have designated your spouse as your beneficiary for all or a part of your death benefit,then upon your divorce,the designation is no longer valid.This means that if you do not select a new beneficiary after your divorce,then you are treated as not having a beneficiary for that portion of the death benefit(unless you have remarried). No beneficiary designation.At the time of your death,if you have not designated a beneficiary or your beneficiary is also not alive,the death benefit will be paid in the following order of priority to: (a) your surviving spouse (b) your children,including adopted children in equal shares(and if a child is not living,that child's share will be distributed to that child's heirs) (c) your surviving parents,in equal shares (d) your estate 12 How will the death benefit be paid to my beneficiary? Form of distribution.If the death benefit payable to a beneficiary does not exceed$5,000,then the benefit may only be paid as a lump sum.If the death benefit exceeds$5,000,your beneficiary may elect to have the death benefit paid in: • a single lump-sum payment • installments over a period of not more than the assumed life expectancy of your beneficiary When must the last payment be made to my beneficiary? The law generally restricts the ability of a retirement plan to be used as a method of retaining money for purposes of your death estate. Thus,there are rules that are designed to ensure that death benefits are distributable to beneficiaries within certain time periods. distributions of our death benefit must If your designated beneficiary is a person(rather than your estate or most trusts)then minimum y generally begin within one year of your death and must be paid over a period not extending beyond your beneficiary's life expectancy.If your spouse is the beneficiary, start of payments may be delayed until the year in which you would have attained age 70 1/2.Generally, Y P �'� P Ym Y Y Y Y g Y if your beneficiary is not a person,then your entire death benefit must be paid within five years after your death. Since your spouse has certain rights to the death benefit,you should immediately report any change in your marital status to the Administrator. What happens if I'm a Participant,terminate employment and die before receiving all my benefits? If you terminate employment with the Employer and subsequently die,your beneficiary will be entitled to your remaining interest in the Plan at the time of your death.The provision in the Plan providing for full vesting of your benefit upon death does not apply if you die after terminating employment. ARTICLE IX TAX TREATMENT OF DISTRIBUTIONS What are my tax consequences when I receive a distribution from the Plan? Generally,you must include any Plan distribution in your taxable income in the year in which you receive the distribution.The tax treatment may also depend on your age when you receive the distribution.Certain distributions made to you when you are under age 59 1/2 could be subject to an additional 10%tax. You will not be taxed on distributions of your Roth 401(k)deferrals.In addition,a distribution of the earnings on the Roth 401(k)deferrals will not be subject to tax if the distribution is a"qualified"distribution.A"qualified"distribution is one that is made after you have attained age 59 1/2 or is made on account of your death or disability.In addition,in order to be a"qualified"distribution,the distribution cannot be made prior to the expiration of a 5-year participation period.The 5-year participation period is the 5-year period beginning with the calendar year in which you first make a Roth 401(k)deferral to our Plan(or to another 401(k)plan or 403(b)plan if such amount was rolled over into our Plan)and ending on the last day of the fourth subsequent year.For example,if you make your first Roth 401(k)deferral under this Plan on November 30,2006,your participation period will end on December 31,2010,and so starting January 1,2011 you can receive"qualified"distributions.It is not necessary that you make a Roth 401(k)deferral in each of the five years. Can I elect a rollover to reduce or defer tax on my distribution? Rollover or Direct Transfer.You may reduce,or defer entirely,the tax due on your distribution through use of one of the following methods: (a) 60-day rollover.The rollover of all or a portion of the distribution to an Individual Retirement Account or Annuity(IRA)or another employer retirement plan willing to accept the rollover.This will result in no tax being due until you begin withdrawing funds from the IRA or other qualified employer plan.The rollover of the distribution,however,MUST be made within strict time frames (normally,within 60 days after you receive your distribution).Under certain circumstances all or a portion of a distribution(such as a hardship distribution)may not qualify for this rollover treatment.In addition,most distributions will be subject to mandatory federal income tax withholding at a rate of 20%.This will reduce the amount you actually receive.For this reason,if you wish to roll over all or a portion of your distribution amount,the direct transfer option described in paragraph(b)below would be the better choice. (b) Direct rollover.For most distributions,you may request that a direct transfer(sometimes referred to as a direct rollover)of all or a portion of a distribution be made to either an Individual Retirement Account or Annuity(IRA)or another employer retirement plan willing to accept the transfer.A direct transfer will result in no tax being due until you withdraw funds from the IRA or other employer plan.Like the rollover,under certain circumstances all or a portion of the amount to be distributed may not qualify for this direct transfer.If you elect to actually receive the distribution rather than request a direct transfer,then in most cases 20%of the distribution amount will be withheld for federal income tax purposes. 13 Automatic IRA Rollover.If a mandatory distribution is being made to you because your vested interest in the Plan exceeds$1,000 but does not exceed$5,000,then the Plan will roll over your distribution to an IRA if you do not make an affirmative election to either receive or roll over the distribution.The IRA provider selected by the Plan will invest the rollover funds in a type of investment designed to preserve principal and provide a reasonable rate of return and liquidity(e.g.,an interest-bearing account,a certificate of deposit or a money market fund).The IRA provider will charge your account for any expenses associated with the establishment and maintenance of the IRA and with the IRA investments.You may transfer the IRA funds to any other IRA you choose.You will be provided with details regarding the IRA at the time you are entitled to a distribution.However,you may contact the Plan Administrator at the address and telephone number indicated in this SPD for further information regarding the Plan's automatic rollover provisions,the IRA provider,and the fees and expenses associated with the IRA. Tax Notice.WHENEVER YOU RECEIVE A DISTRIBUTION THAT IS AN ELIGIBLE ROLLOVER DISTRIBUTION,THE ADMINISTRATOR WILL DELIVER TO YOU A MORE DETAILED EXPLANATION OF THESE OPTIONS.HOWEVER,THE RULES WHICH DETERMINE WHETHER YOU QUALIFY FOR FAVORABLE TAX TREATMENT ARE VERY COMPLEX.YOU SHOULD CONSULT WITH QUALIFIED TAX COUNSEL BEFORE MAKING A CHOICE. ARTICLE X LOANS Is it possible to borrow money from the Plan? Yes,you may request a Participant loan using an application form provided by the Administrator.Your ability to obtain a Participant loan depends on several factors.The Administrator will determine whether you satisfy these factors. What are the loan rules and requirements? There are various rules and requirements that apply to any loan,which are outlined in this question.In addition,your Employer has established a written loan program which explains these requirements in more detail.You can request a copy of the loan program from the Administrator.Generally,the rules for loans include the following: • Loans are available to Participants on a reasonably equivalent basis.Loans will be made to Participants who are creditworthy. The Administrator may request that you provide additional information,such as financial statements,tax returns and credit reports to make this determination. • All loans must be adequately secured.You must sign a promissory note along with a loan pledge.Generally,you must use your vested interest in the Plan as security for the loan,provided the outstanding balance of all your loans does not exceed 50%of your vested interest in the Plan.In certain cases,the Administrator may require you to provide additional collateral to receive a loan. • You will be charged a commercially reasonable rate of interest for any loan received from the Plan.The Administrator will determine a reasonable rate of interest by reviewing the interest rates charged for similar types of loans by other lenders.The interest rate will be fixed for the duration of the loan. • If approved,your loan will provide for level amortization with payments to be made not less frequently than quarterly.Generally, the term of your loan may not exceed five(5)years.However,if the loan is for the purchase of your principal residence,the Administrator may permit a longer repayment term.Generally,the Administrator will require that the Participant repay the loan by agreeing to payroll deduction or payment by check(for prepayments only).If you have an unpaid leave of absence or go on military leave while you have an outstanding loan,please contact the Administrator to find out your repayment options. • All loans will be considered a directed investment of your account under the Plan.All payments of principal and interest by you on a loan will be credited to your account. • The amount the Plan may loan to you is limited by rules under the Internal Revenue Code.Any new loans,when added to the outstanding balance of all other loans from the Plan,will be limited to the lesser of. (a) $50,000 reduced by the excess,if any,of your highest outstanding balance of loans from the Plan during the one-year period ending on the day before the date of the new loan over your current outstanding balance of loans as of the date of the new loan;or (b) 1/2 of your vested interest in the Plan. • If you fail to make payments when they are due under the terms of the loan,you will be considered to be in default."The Administrator will consider your loan to be in default if any scheduled loan repayment is not made by the end of the calendar quarter following the calendar quarter in which the missed payment was due.The Plan would then have authority to take all reasonable actions to collect the balance owed on the loan.This could include filing a lawsuit or foreclosing on the security for the loan.Under certain circumstances,a loan that is in default may be considered a distribution from the Plan and could be considered taxable income to you.In any event,your failure to repay a loan will reduce the benefit you would otherwise be entitled to from the Plan. 14 • Loans will only be permitted from the following accounts: • pre-tax 401(k)deferral accounts • Roth 401(k)deferral accounts • account(s)attributable to Employer matching contributions • accounts attributable to Employer profit sharing contributions • rollover accounts The Administrator may periodically revise the Plan's loan policy.If you have any questions on Participant loans or the current loan policy, please contact the Administrator. ARTICLE XI PROTECTED BENEFITS AND CLAIMS PROCEDURES Are my benefits protected? As a general rule,your interest in your account,including your"vested interest,"may not be alienated.This means that your interest may not be sold,used as collateral for a loan(other than for a Plan loan),given away or otherwise transferred.In addition,your creditors(other than the IRS)may not attach,garnish or otherwise interfere with your benefits under the Plan. Are there any exceptions to the general rule? There are two exceptions to this general rule.The Administrator must honor a"qualified domestic relations order."A"qualified domestic relations order"is defined as a decree or order issued by a court that obligates you to pay child support or alimony,or otherwise allocates a portion of your assets in the Plan to your spouse,former spouse,child or other dependent.If a qualified domestic relations order is received by the Administrator,all or a portion of your benefits may be used to satisfy that obligation.The Administrator will determine the validity of any domestic relations order received.You and your beneficiaries can obtain from the Administrator,without charge,a copy of the procedure used by the Administrator to determine whether a qualified domestic relations order is valid. The second exception applies if you are involved with the Plan's operation.If you are found liable for any action that adversely affects the Plan,the Administrator can offset your benefits by the amount that you are ordered or required by a court to pay the Plan.All or a portion of your benefits may be used to satisfy any such obligation to the Plan. Can the Plan be amended? Your Employer has the right to amend the Plan at any time.In no event,however,will any amendment authorize or permit any part of the Plan assets to be used for purposes other than the exclusive benefit of Participants or their beneficiaries.Additionally,no amendment will cause any reduction in the amount credited to your account. What happens if the Plan is discontinued or terminated? Although your Employer intends to maintain the Plan indefinitely,your Employer reserves the right to terminate the Plan at any time.Upon termination,no further contributions will be made to the Plan and all amounts credited to your accounts will become 100%vested.Your Employer will direct the distribution of your accounts in a manner permitted by the Plan as soon as practicable.(See the question entitled "How will my benefits be paid to me?"for a further explanation.)You will be notified if the Plan is terminated. How do I submit a claim for Plan benefits? Benefits will generally be paid to you and your beneficiaries without the necessity for formal claims.Contact the Administrator if you are entitled to benefits or if you think an error has been made in determining your benefits.Any such request should be in writing. If the Administrator determines the claim is valid,then you will receive a statement describing the amount of benefit,the method or methods of payment,the timing of distributions and other information relevant to the payment of the benefit. What if my benefits are denied? Your request for Plan benefits will be considered a claim for Plan benefits,and it will be subject to a full and fair review.If your claim is wholly or partially denied,the Administrator will provide you with a written or electronic notification of the Plan's adverse determination. This written or electronic notification must be provided to you within a reasonable period of time,but not later than 90 days after the receipt of your claim by the Administrator,unless the Administrator determines that special circumstances require an extension of time for processing your claim.If the Administrator determines that an extension of time for processing is required,written notice of the extension will be furnished to you prior to the termination of the initial 90-day period.In no event will such extension exceed a period of 90 days 15 from the end of such initial period.The extension notice will indicate the special circumstances requiring an extension of time and the date by which the Plan expects to render the benefit determination. In the case of a claim for disability benefits,if disability is determined by a physician(rather than relying upon a determination of disability for Social Security purposes),then instead of the above,the Administrator will provide you with written or electronic notification of the Plan's adverse benefit determination within a reasonable period of time,but not later than 45 days after receipt of the claim by the Plan. This period may be extended by the Plan for up to 30 days,provided that the Administrator both determines that such an extension is necessary due to matters beyond the control of the Plan and notifies you,prior to the expiration of the initial 45-day period,of the circumstances requiring the extension of time and the date by which the Plan expects to render a decision.If,prior to the end of the first 30-day extension period,the Administrator determines that,due to matters beyond the control of the Plan,a decision cannot be rendered within that extension period,the period for making the determination may be extended for up to an additional 30 days,provided that the Administrator notifies you,prior to the expiration of the first 30-day extension period,of the circumstances requiring the extension and the date as of which the Plan expects to render a decision.In the case of any such extension,the notice of extension will specifically explain the standards on which entitlement to a benefit is based,the unresolved issues that prevent a decision on the claim,and the additional information needed to resolve those issues,and you will be afforded at least 45 days within which to provide the specified information. The Administrator's written or electronic notification of any adverse benefit determination must contain the following information: (a) The specific reason or reasons for the adverse determination. (b) Reference to the specific Plan provisions on which the determination is based. (c) A description of any additional material or information necessary for you to perfect the claim and an explanation of why such material or information is necessary. (d) Appropriate information as to the steps to be taken if you or your beneficiary want to submit your claim for review. (e) In the case of disability benefits where disability is determined by a physician: (i) If an internal rule,guideline,protocol,or other similar criterion was relied upon in making the adverse determination,either the specific rule,guideline,protocol,or other similar criterion;or a statement that such rule,guideline,protocol,or other similar criterion was relied upon in making the adverse determination and that a copy of the rule,guideline,protocol,or other similar criterion will be provided to you free of charge upon request. (ii) If the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination,applying the terms of the Plan to your medical circumstances,or a statement that such explanation will be provided to you free of charge upon request. If your claim has been denied,and you want to submit your claim for review,you must follow the Claims Review Procedure in the next question. What is the Claims Review Procedure? Upon the denial of your claim for benefits,you may file your claim for review,in writing,with the Administrator. (a) YOU MUST FILE THE CLAIM FOR REVIEW NO LATER THAN 60 DAYS AFTER YOU HAVE RECEIVED WRITTEN NOTIFICATION OF THE DENIAL OF YOUR CLAIM FOR BENEFITS. HOWEVER,IF YOUR CLAIM IS FOR DISABILITY BENEFITS AND DISABILITY IS DETERMINED BY A PHYSICIAN, THEN INSTEAD OF THE ABOVE,YOU MUST FILE THE CLAIM FOR REVIEW NO LATER THAN 180 DAYS FOLLOWING RECEIPT OF NOTIFICATION OF AN ADVERSE BENEFIT DETERMINATION. (b) You may submit written comments,documents,records,and other information relating to your claim for benefits. (c) You may review all pertinent documents relating to the denial of your claim and submit any issues and comments,in writing,to the Administrator. (d) You will be provided,upon request and free of charge,reasonable access to,and copies of,all documents,records,and other information relevant to your claim for benefits. (e) Your claim for review must be given a full and fair review.This review will take into account all comments,documents,records, and other information submitted by you relating to your claim,without regard to whether such information was submitted or considered in the initial benefit determination. 16 In addition to the Claims Review Procedure above,if your claim is for disability benefits and disability is determined by a physician,then the Claims Review Procedure provides that: (a) Your claim will be reviewed without deference to the initial adverse benefit determination and the review will be conducted by an appropriate named fiduciary of the Plan who is neither the individual who made the adverse benefit determination that is the subject of the appeal,nor the subordinate of such individual. (b) In deciding an appeal of any adverse benefit determination that is based in whole or part on medical judgment,the appropriate named fiduciary will consult with a health care professional who has appropriate training and experience in the field of medicine involved in the medical judgment. (c) Any medical or vocational experts whose advice was obtained on behalf of the Plan in connection with your adverse benefit determination will be identified,without regard to whether the advice was relied upon in making the benefit determination. (d) The health care professional engaged for purposes of a consultation under(b)above will be an individual who is neither an individual who was consulted in connection with the adverse benefit determination that is the subject of the appeal,nor the subordinate of any such individual. The Administrator will provide you with written or electronic notification of the Plan's benefit determination on review.The Administrator must provide you with notification of this denial within 60 days after the Administrator's receipt of your written claim for review,unless the Administrator determines that special circumstances require an extension of time for processing your claim.If the Administrator determines that an extension of time for processing is required,written notice of the extension will be furnished to you prior to the termination of the initial 60-day period.In no event will such extension exceed a period of 60 days from the end of the initial period.The extension notice will indicate the special circumstances requiring an extension of time and the date by which the Plan expects to render the determination on review.However,if claim relates to disability benefits and disability is determined by a physician,then 45 days will apply instead of 60 days in the preceding sentences.In the case of an adverse benefit determination,the notification will set forth: (a) The specific reason or reasons for the adverse determination. (b) Reference to the specific Plan provisions on which the benefit determination is based. (c) A statement that you are entitled to receive,upon request and free of charge,reasonable access to,and copies of,all documents, records,and other information relevant to your claim for benefits. (d) In the case of disability benefits where disability is determined by a physician: (i) If an internal rule,guideline,protocol,or other similar criterion was relied upon in making the adverse determination,either the specific rule,guideline,protocol,or other similar criterion;or a statement that such rule,guideline,protocol,or other similar criterion was relied upon in making the adverse determination and that a copy of the rule,guideline,protocol,or other similar criterion will be provided to you free of charge upon request. (ii) If.the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination,applying the terms of the Plan to your medical circumstances,or a statement that such explanation will be provided to you free of charge upon request. If you have a claim for benefits which is denied,then you may file suit in a state or Federal court.However,in order to do so,you must file the suit no later than 180 days after the Administrator makes a final determination to deny your claim. What are my rights as a Plan Participant? As a Participant in the Plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA).ERISA provides that all Plan Participants are entitled to: (a) Examine,without charge,at the Administrator's office and at other specified locations,all documents governing the Plan and a copy of the latest annual report(Form 5500 Series)filed by the Plan with the U.S.Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. (b) Obtain,upon written request to the Administrator,copies of documents governing the operation of the Plan,including insurance contracts and collective bargaining agreements,and copies of the latest annual report(Form 5500 Series)and updated summary plan description.The Administrator may make a reasonable charge for the copies. (c) Receive a summary of the Plan's annual financial report.The Administrator is required by law to furnish each Participant with a copy of this summary annual report. In addition to creating rights for Plan Participants,ERISA imposes duties upon the people who are responsible for the operation of the Plan. The people who operate your Plan,called"fiduciaries"of the Plan,have a duty to do so prudently and in the interest of you and other Plan 17 Participants and beneficiaries.No one,including your Employer or any other person,may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA. If your claim for a pension benefit is denied or ignored,in whole or in part,you have a right to know why this was done,to obtain copies of documents relating to the decision without charge,and to appeal any denial,all within certain time schedules. Under ERISA,there are steps you can take to enforce the above rights.For instance,if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days,you may file suit in a Federal court.In such a case,the court may require the Administrator to provide the materials and pay you up to$110.00 a day until you receive the materials,unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits which is denied or ignored,in whole or in part,you may file suit in a state or Federal court.In addition,if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order,you may file suit in Federal court.You and your beneficiaries can obtain,without charge,a copy of the qualified domestic relations order("QDRO")procedures from the Administrator. If it should happen that the Plan's fiduciaries misuse the Plan's money,or if you are discriminated against for asserting your rights,you may seek assistance from the U.S.Department of Labor,or you may file suit in a Federal court.The court will decide who should pay court costs and legal fees.If you are successful,the court may order the person you have sued to pay these costs and fees.The court may order you to pay these costs and fees if you lose or if,for example,it finds your claim is frivolous. What can I do if I have questions or my rights are violated? If you have any questions about the Plan,you should contact the Administrator.If you have any questions about this statement or about your rights under ERISA,or if you need assistance in obtaining documents from the Administrator,you should contact the nearest office of the Employee Benefits Security Administration,U.S.Department of Labor,listed in the telephone directory or the Division of Technical Assistance and Inquiries,Employee Benefits Security Administration,U.S.Department of Labor,200 Constitution Avenue,N.W., Washington,D.C.20210.You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. ARTICLE XII GENERAL INFORMATION ABOUT THE PLAN There is certain general information which you may need to know about the Plan.This information has been summarized for you in this Article. Plan Name The full name of the Plan is The Weitz Retirement and 401(k)Plan. Plan Number Your Employer has assigned Plan Number 001 to your Plan. Plan Effective Dates This Plan was originally effective on July 1, 1994.The amended and restated provisions of the Plan become effective on January 1,2010. However,this restatement was made to conform the Plan to new tax laws and some provisions may be retroactively effective. Other Plan Information Valuations of the Plan assets are generally made annually on the last day of the Plan Year and may include any other date or dates deemed necessary or appropriate by the Administrator for the valuation of the Participants'Accounts during the Plan Year.Certain distributions are based on the Anniversary Date of the Plan.This date is the last day of the Plan Year. The Plan's records are maintained on a twelve-month period of time.This is known as the Plan Year.The Plan Year begins on January 1 st and ends on December 31 st. The Plan and Trust will be governed by the laws of Iowa to the extent not governed by federal law. Benefits provided by the Plan are NOT insured by the Pension Benefit Guaranty Corporation(PBGC)under Title IV of the Employee Retirement Income Security Act of 1974 because the insurance provisions under ERISA are not applicable to this type of Plan. Service of legal process may be made upon your Employer.Service of legal process may also be made upon the Trustee or Administrator. 18 Employer Information Your Employer's name,address and identification number are: The Weitz Company,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 42-1512625 The Plan allows other employers to adopt its provisions.The following Employers have adopted the Plan: Data Builder,Inc. 3050 Enterprise Drive Suite B Grimes,Iowa (515)471-1600 05-0569067 Weitz Industrial Services Group,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 20-2057647 Weitz Industrial,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 20-1680831 Weitz Tecnico,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 20-1805301 The Weitz Construction Company,Inc. 5901 Thornton Avenue Des Moines,Iowa 50321 42-1512552 Watts Constructors,LLC 737 Bishop Street,Suite 2900 Honolulu,Hawaii 96813 20-4384217 Hy-Vee Weitz Construction,LC 5605 Northeast 22nd Street Des Moines,Iowa 50313 42-1445026 A+Communications&Security,LLC 5605 Northeast 22nd Street Des Moines,Iowa 50313 42-1525199 Construction Products Distributors,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 42-1512604 Construction Surety&Insurance Services,LLC 5901 Thornton Avenue Des Moines,Iowa 50321 20-3963521 Plan Administrator Information The Plan Administrator is responsible for the day-to-day administration and operation of the Plan.For example,the Administrator maintains the Plan records,including your account information,provides you with the forms you need to complete for Plan participation, and directs the payment of your account at the appropriate time.The Administrator will also allow you to review the formal Plan document 19 and certain other materials related to the Plan.If you have any questions about the Plan or your participation,you should contact the Administrator.The Administrator may designate other parties to perform some duties of the Administrator. The Administrator has the complete power,in its sole discretion,to determine all questions arising in connection with the administration, interpretation,and application of the Plan(and any related documents and underlying policies).Any such determination by the Administrator is conclusive and binding upon all persons. The name,address and business telephone number of the Plan's Administrator are: The Advisory Committee 5901 Thornton Avenue Des Moines,Iowa 50321 (515)698-4260 Plan Trustee Information and Plan Funding Medium All money that is contributed to the Plan is held in a trust fund.The Trustee is responsible for the safekeeping of the trust fund.The trust fund established by the Plan's Trustee(s)will be the funding medium used for the accumulation of assets from which benefits will be distributed.While all the Plan assets are held in a trust fund,the Administrator separately accounts for each Participant's interest in the Plan. The Plan's Trustee is: Wells Fargo Bank, NA 7th and Walnut Street Des Moines,Iowa 50309 20 APPENDIX ROLLOVERS FROM OTHER PLANS The Plan will accept Participant rollover contributions and/or direct rollovers of distributions from the types of plans specified below: Direct Rollovers.The Plan will accept a direct rollover of an eligible rollover distribution from: [X] a qualified plan described in section 401(a)of the Internal Revenue Code(including a 401(k)plan,profit sharing plan,defined benefit plan,stock bonus plan and money purchase plan),excluding after-tax employee contributions. [ ] a qualified plan described in section 401(a)of the Internal Revenue Code(including a 401(k)plan,profit sharing plan,defined benefit plan,stock bonus plan and money purchase plan),including after-tax employee contributions. [ ] a qualified plan described in section 403(a)of the Internal Revenue Code(an annuity plan),excluding after-tax employee contributions. [ ] a qualified plan described in section 403(a)of the Internal Revenue Code(an annuity plan),including after-tax employee contributions. [ ] an annuity contract described in section 403(b)of the Internal Revenue Code(a tax-sheltered annuity),excluding after-tax employee contributions. [ ] an annuity contract described in section 403(b)of the Internal Revenue Code(a tax-sheltered annuity),including after-tax employee contributions. [X] a Roth elective deferral account under a qualified plan described in section 401(a)of the Internal Revenue Code(a 401(k)plan). [ ] a Roth elective deferral account under an annuity contract described in section 403(b)of the Internal Revenue Code(a tax-sheltered annuity). [ ] an eligible plan under IRC§457(b)which is maintained by a governmental employer(governmental 457 plan). Participant Rollover Contributions from Other Plans.The Plan will accept a Participant contribution of an eligible rollover distribution: (Check each that applies or none.) [X] a qualified plan described in section 401(a)of the Internal Revenue Code(including a 401(k)plan,profit sharing plan,defined benefit plan,stock bonus plan and money purchase plan). [ ] a qualified plan described in section 403(a)of the Internal Revenue Code(an annuity plan). [ ] an annuity contract described in section 403(b)of the Internal Revenue Code(a tax-sheltered annuity). [ ] an eligible plan under IRC§457(b)which is maintained by a governmental employer(governmental 457 plan). Participant Rollover Contributions from IRAs: [ ] The Plan will accept a Participant rollover contribution of the portion of a distribution from a traditional IRA that is eligible to be rolled over and would otherwise be includible in gross income.Rollovers from Roth IRAs or a Coverdell Education Savings Account (formerly known as an Education IRA)are not permitted because they are not traditional IRAs.A rollover from a SIMPLE IRA is allowed if the amounts are rolled over after the Participant has been in the SIMPLE IRA for at least two years. 1 THE WEITZ RETIREMENT AND 401(K-)PLAN COMMON QUESTIONS ABOUT OUR 401(k)PLAN Introduction The following questions and answers highlight some of the important parts of our Plan.Remember,these are only highlights.The Summary Plan Description("SPD")describes the Plan in much greater detail.If you have any questions about these highlights,the SPD,or the Plan,you should ask the Plan Administrator. Q. Why is your Employer sponsoring a 401(k)Plan? A. Your Employer is sponsoring this Plan so that you may save for retirement.This Plan is a type of qualified retirement plan commonly referred to as a 401(k)Plan.As a Participant under the Plan,you may elect to contribute a portion of your compensation to the Plan.In addition,your Employer may make contributions to the Plan on your behalf. Q. How do I participate in the Plan? A. Provided you are not an Excluded Employee,you may begin participating under the Plan once you have satisfied the eligibility requirements and reached your"Entry Date."The following describes the eligibility requirements and Entry Date that apply. Salary Deferrals Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of salary deferrals.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of salary deferrals on your date of hire.However,you will actually enter the Plan once you reach the Entry Date as described below. Entry Date.For purposes of salary deferrals,your Entry Date will be the date on which you satisfy the eligibility requirements. Matching Contributions Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of matching contributions.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of matching contributions when you have completed one(1) Year of Service.However,you will actually enter the Plan once you reach the Entry Date as described below. Entry Date.For purposes of matching contributions your Entry Date will be the first day of the Plan Year quarter coinciding with or next following the date you satisfy the eligibility requirements. Profit Sharing Contributions Excluded Employees.If you are a member of a class of employees identified below,you are an Excluded Employee and you are not entitled to participate in the Plan for purposes of profit sharing contributions.The Excluded Employees are: • union employees whose employment is governed by a collective bargaining agreement under which retirement benefits were the subject of good faith bargaining • leased employees Eligibility Conditions.You will be eligible to participate for purposes of profit sharing contributions when you have completed one (1)Year of Service.However,you will actually enter the Plan once you reach the Entry Date as described below. 1 Entry Date.For purposes of profit sharing contributions,your Entry Date will be the first day of the Plan Year quarter coinciding with or next following the date you satisfy the eligibility requirements. Q. What are salary deferrals and how do I contribute them to the Plan? A. Salary Deferrals.As a Participant under the Plan,you may elect to reduce your compensation by a specific percentage or dollar amount and have that amount contributed to the Plan.This amount if referred to as a salary deferral.Effective July 1,2008,there are two types of salary deferrals:Pre-Tax 401(k)deferrals and Roth 401(k)deferrals.For purposes of this SPD,"salary deferrals" generally means both Pre-Tax 401(k)deferrals and Roth 401(k)deferrals.Regardless of the type of deferral you make,the amount you defer is counted as compensation for purposes of Social Security taxes. I Pre-Tax 401(k)Deferrals.If you elect to make Pre-Tax 401(k)deferrals,then your taxable income is reduced by the deferral contributions so you pay less in federal income taxes.Later,when the Plan distributes the deferrals and earnings,you will pay the taxes on those deferrals and the earnings.Therefore,with a Pre-Tax 401(k)deferral,federal income taxes on the deferral contributions and on the earnings are only postponed.Eventually,you will have to pay taxes on these amounts. Roth 401(k)Deferrals.If you elect to make Roth 401(k)deferrals,the deferrals are subject to federal income taxes in the year of deferral.However,the deferrals and,in most cases,the earnings on the deferrals are not subject to federal income taxes when distributed to you.In order for the earnings to be tax free,you must meet certain conditions.See"What are my tax consequences when I receive a distribution from the Plan?" Automatic Deferral.Your Employer will automatically withhold a portion of your compensation if you fail to make an affirmative salary deferral election.You may enter a salary deferral agreement at any time to select an alternative deferral amount or to elect not to defer under the Plan.If you have any questions concerning the application of this automatic contribution provision,please read the section in the SPD entitled"What are salary deferrals and how do I contribute them to the Plan?." Q. When will I receive payments from the Plan? A. The Plan is designed to encourage you to stay with the Employer until retirement.Payment will generally occur at your Normal Retirement Date,unless you postpone your actual retirement.Your Normal Retirement Date is the date on which you attain your Normal Retirement Age.You will attain your Normal Retirement Age when you reach your 65th birthday. Q. How much will I be paid when I retire? A. The amount you are paid when you retire will be based upon the amount of money your Employer has put into the Plan for you (including your salary deferrals),plus or minus any earnings or losses.You should review the Article in the SPD entitled"Employer Contributions"for an explanation of how your Employer makes contributions to the Plan and how they are shared by eligible employees. Q. How will payments be made when I retire? A. If your vested account balance does not exceed$5,000,then your vested account balance may only be distributed to you in a single lump-sum payment.In determining whether your vested account balance exceeds the$5,000 dollar threshold,"rollovers"(and any earnings allocable to"rollover"contributions)will not be taken into account. In addition,if your vested account balance exceeds$5,000,you must consent to any distribution before it may be made.If your vested account balance exceeds$5,000,you may elect to receive a distribution of your vested account balance in: • a single lump-sum payment • installments over a period of not more than your assumed life expectancy(or the assumed life expectancies of you and your beneficiary) You should review the Article in the SPD entitled'Benefits and Distributions Upon Termination of Employment"for a further explanation of the rules associated with the payment of benefits. Q. What if I stop working before I retire? A. 100%vested contributions.You are always 100%vested(which means that you are entitled to all of the amounts)in your accounts attributable to the following contributions: • salary deferrals including Roth 401(k)deferrals and catch-up contributions • rollover contributions 2 Vesting schedules.Your"vested percentage"for certain Employer contributions is based on vesting Years of Service.This means at the time you stop working,your account balance(attributable to contributions subject to a vesting schedule)is multiplied by your vested percentage.The result,when added to the amounts that are always 100%vested as shown above,is your vested interest in the Plan,which is what you will actually receive from the Plan.You will always,however,be 100%vested if you are employed on or after your Normal Retirement Age,or if you die while employed by your Employer. Your"vested percentage"in your account attributable to profit sharing contributions is determined under the following schedule. Vesting Schedule Profit Sharing Contributions Years of Service Percentage Less than 2 0% 2 50% 3 100% Your"vested percentage"in your account attributable to matching contributions is determined under the following schedule. Vesting Schedule Matching Contributions Years of Service Percentage Less than 2 0% 2 50% 3 100% Q. If I stop working before retirement,when will my vested amount be paid? A. If your employment terminates for reasons other than death,or normal retirement,you will be entitled to receive only the"vested percentage"of your account balance. You may elect to have your vested account balance distributed to you as soon as administratively feasible following your termination of employment.However,if the value of your vested account balance does not exceed$5,000,then a distribution will be made to you regardless of whether you consent to receive it.(See the question entitled"How will my benefits be paid to me?"for additional information.) Q. What if I die before I retire? A. Your beneficiary will be entitled to 100%of your interest in the Plan upon your death.If you are single,you may name anyone you like to be your beneficiary.If you are married,your spouse is your beneficiary with respect to 100%of your death benefit unless you and your spouse name someone else as your beneficiary.You should review the question entitled"Who is the beneficiary of my death benefit?"in the Article entitled"Benefits and Distributions Upon Death". Q. Can I withdraw money from the Plan while I'm still working? A. Generally you may receive a distribution from the Plan from certain accounts prior to your termination of employment provided you satisfy any of the following conditions: • you have attained age 59 1/2. This distribution is not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at retirement. In certain instances you may also receive an in-service distribution if you incur a financial hardship.This hardship distribution is not in addition to your other benefits and will therefore reduce the value of the benefits you will receive at retirement. There are various rules and restrictions regarding withdrawing money from your accounts in the Plan while you are still employed. Please review the SPD for more information on these rules and restrictions. 3 I NOTE:THESE QUESTIONS AND ANSWERS ARE NOT MEANT TO BE A SUBSTITUTE FOR A THOROUGH READING OF THE SUMMARY PLAN DESCRIPTION.THE PROVISIONS OF THE 401(k)PLAN ARE VERY COMPLEX.IT IS NOT POSSIBLE TO FULLY EXPLAIN ALL ASPECTS OF THE PLAN IN THESE SHORT QUESTIONS AND ANSWERS.YOU SHOULD ALWAYS CONSULT THE SUMMARY PLAN DESCRIPTION IF YOU HAVE ANY QUESTIONS ABOUT THE PLAN.IF,AFTER READING THE SUMMARY PLAN DESCRIPTION,YOU STILL HAVE QUESTIONS,YOU SHOULD CONTACT THE PLAN ADMINISTRATOR. 4 BUILD IN GOOD COMPANY. Funeral Leave If there is a death in your immediate family you may be granted up to three days of leave with pay. Immediate family includes current spouse, children, grandchildren, parent, brother, sister, stepchild, stepmother/stepfather, stepbrother/stepsister, domestic partner*, brother or sister-in-law, daughter or son-in-law and parent-in-law. One day of leave with pay will be granted for current grandparent, grandparent-in-law, uncle, aunt, niece, and nephew. If more than 250 miles of one-way travel is required, you may be granted two additional days of leave with pay. On the rare occasion that we unfortunately experience the death of a fellow employee, paid leave will be granted to any employee wishing to attend funeral services. The amount of leave will be determined by the work schedule and time of funeral services. Check with your supervisor. *Domestic Partner is defined as a long-term legal or personal relationship between two same-sex individuals who live together and share a common domestic life, but are neither joined by marriage or a civil union. Revised: 12/1/2010 k4 e � a BUILD IN GOOD COMPANY. Family and Medical Leave After you have been employed by the Company for at least 12 months and if you worked at least 1,250 hours during he 12-month period preceding the beginning of the leave you are entitled to 9 P P 9 9 9 Y an unpaid Family and Medical Leave of up to 12 weeks during a rolling calendar year for any one or more of the following reasons: (1)care of a newborn child during the first 12 months following birth; (2)care of an adopted or foster child during the first 12 months following placement; (3)care of your spouse, domestic partner, son, daughter or parent with a serious health condition; (4) because of your own serious health condition which renders you unable to perform the functions of your job. (5)attend qualifying exigencies of a spouse, son, daughter, or parent on covered active duty or call to covered active duty status in the National Guard or Reserves in support of a contingency operation, including certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.This also includes family members of all covered active duty service-members who are deployed to a foreign country. Note: a spouse, son, daughter, parent, or"next of kin" may take up to 26 weeks worth of leave during a single 12-month period to care for a family member in the armed services who is seriously injured or ill.Also available is 26 weeks of leave to family members to care for a veteran for up to 5 years after he or she leaves military service if the veteran develops a service-related injury or illness that was incurred or aggravated while on active duty. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves,who has a serious injury or illness incurred in the line of duty on covered active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A covered service member also includes regular and reserve components of the Armed Forces who are deployed to a foreign country. If you are entitled to paid time off, you must first use your paid time off from the beginning of your Family and Medical Leave until your paid time off is exhausted. If your Family and Medical Leave is on account of your own serious health condition you are eligible for short-term disability benefits and this will be counted toward the 12 week maximum. In no event can your total family and medical leave hours exceed 12 work weeks during any rolling 12-month period measured backwards from the date you began your FMLA leave, except for military family leave as defined above.All days of PTO and short-term disability taken as part of a Family and Medical Leave will count toward the 12 week maximum of Family and Medical Leave. Except as provided in this paragraph, your Family and Medical Leave will be unpaid. Unless your need for leave is not foreseeable,you must provide 30 days' advance notice of your request for leave to your Supervisor, HR Manager, and you are required to also notify The Hartford. You may call The Hartford at 1-888-485-7332 to apply for FMLA and STD benefits. The Hartford will assess your situation and notify Weitz of your application for benefits and the status of your claim. You will report all physician and health information to The Hartford. During your Family and Medical Leave, the Company will continue to pay the employer's share of premiums for your medical/dental insurance, so long as you continue to pay the employee's share of the premiums. The coverage will remain in effect as long as you are current with your payments. Coverage will end when you are thirty days delinquent in payment of your share of the Reviewed: 4/30/10 hiii : r BUILD IN GOOD COMPANY. premium cost. The Company will continue your Company provided life insurance,Accidental Death and Dismemberment and Long Term Disability for three months during your Family and Medical Leave. During your Family and Medical Leave, you will be billed for all amounts which are normal) deducted from your paycheck for an benefits plans which you would like to maintain during your leave (for example, medical/dental; Supplemental Life etc.) Unless your job has been eliminated or changed while you are on leave, upon your return from Medical and Family Leave, you will be restored to your original or equivalent job position with equivalent pay, benefits and other employment terms.You will not accrue additional wage or benefit entitlement during your Family and Medical Leave but will not lose any benefit that accrued prior to the start of your leave. Family and Medical Leave will be treated as continued service for purposes of vesting and eligibility to participate in the Retirement and 401(k) Plan. Family and Medical Leave may be taken intermittently or on a reduced leave schedule only for an employee's own serious health condition or to care for a family member with a serious health << condition when the intermittent or reduced leave schedule is medically necessary. Intermittent means sporadic. For example, you may need to take Family and Medical Leave four days per rj1 month during a six month period for a prescribed medical treatment.A reduced leave schedule is a part-time schedule. For example, you may need to work four hours a day for a certain period of time so that you can obtain physical therapy. If you request intermittent leave or leave on a reduced leave schedule, you may be required to transfer temporarily to an available alternative position for which you are qualified and which better accommodates recurring periods of leave than does your regular position. a i t j, , k #r, Reviewed: 4/30/10 t I BUILD IN GOOD COMPANY. Employee Assistance Program An Employee Assistance Program is available to provide you with confidential off-work-site evaluative counseling and referral services. The EAP is offered as a benefit to you and your family at no cost to you. In our daily lives it is not unusual to encounter a variety of problems at home, work, or in other settings. Generally, we are able to deal with such problems on our own; however, in some r . situations, outside help might be welcome. When problems arise, the EAP is available by calling 244-6090 in Des Moines, and 1-800-327- 4692 in all other locations. The EAP counselor will determine an appropriate counseling service in your area and will arrange an appointment for you. Recent Realife Times Newsletters can be accessed on WeitzNet, through the Links tab, Human Resources in the drop-down menu. Reviewed: 6/23/09 ` BUILD IN GOOD COMPANY. Relocation Expenses The Company may reimburse you for reasonable costs incurred due to relocation at the Company s request. Relocation costs shall be approved in advance with the business unit president of the new location under a written agreement. Record all relocation expenses on expense report forms and attach receipts. Do not include other business-related expenses on the same form as the relocation expenses. In conjunction with your relocation you will receive a Moving Packet designed to assist you in handling some of the economic issues of your relocation. If you do not receive a packet, please contact Human Resources. Relocation Expense Breakdown Moving Household Goods Commercial moving van To make your move as pleasant, painless, and expedient as possible, we have a contract with a national moving company. Contact Human Resources has soon as you have a tentative moving date and they will notify the local representative of the national moving company. You will be responsible for payment of any extra costs over and above our moving policy. The following applies to moves paid by the Company: • Maximum weight allowance of 15,000 pounds. • Insurance protection for the declared value may be paid by the Company. The Company is not responsible for added insurance for such things as antiques, coin collection, etc. • Packing and delivery service may be paid by the Company(the employee will unpack). To reduce the cost, you are urged to pack and unpack unbreakable items such as books and linens. Let the carrier pack breakable items. • Disconnecting or reconnecting appliances may be paid by the Company. • Under unusual circumstances the Company may pay for storage charges at origin or destination. Personnel/Employee Benefits Manager approval is required. • Box pickup and disposal The Following Costs Will Not Be Paid by the Company • Transportation of pets,firewood, perishable plants and foods, alcoholic beverages, boats or equipment requiring special handling. • Removal and installation of wall-to-wall carpeting, television antennas, playground equipment, etc. • Maid or cleaning service. • Extra pickups or deliveries. • Running gas or electric lines. �` • Loss of valuables such as old coins,jewelry, furs and any other items for which carrier is not �.� responsible. The employee should take all items of personal value with him/her. Cost Paid by Company Travel expenses en route to new location: • Mileage at the current mileage rate to drive one or two family vehicles to the new location. (Cars are not to be transported in the moving van.) • Actual and reasonable lodging and meal expenses while you and/or your family are en route b to the new work location.All claims for reimbursement must be accompanied by receipts for actual expenses incurred. While in transit, you will receive your regular salary. • Transportation cost for one round-trip visit if you are required to go ahead of your family.The mode of travel is to be agreed upon with your Supervisor. Reviewed: 6/23/09 BUILD IN GOOD COMPANY_ Personal car or truck An employee with limited household goods who can move them in a personal car and/or truck will be paid at double the current mileage rate for the actual mileage from the present location to the new location for one (or both)vehicles. When an employee can move all household goods by personal car and a rented trailer, the Company will pay trailer rental expense in addition to mileage at double the current rate. Insurance coverage for a personal car/truck move is the responsibility of the employee. Your existing homeowners policy may cover moving of household goods, or you may need to purchase outside coverage. Check with Human Resources before making arrangements. Temporary Lodging If necessary, you may be reimbursed for up to seven days of lodging at the new employment location. If you are accompanied by your family and suitable arrangements have not been made, the Company may pay for their lodging and one-half the cost of both their meals and your meals _ for up to seven days. Suggestions to Make Your Move Easier Check your goods and inventory list when they are delivered. If an item is missing, note it on the carrier's report which you will sign after the van is unloaded. Be sure to keep a copy. You are responsible for filing any claims; forward them to the designated destination agent. Do not throw away any broken items until a claims adjuster has seen them. Inform Human Resources about claims you are filing. Reviewed: 6/23/09 BUILD IN GOOD COMPANY. Supporting Documentation 0 L=� , Company Discount Facilities & Events The Weitz Company " Perks " BUILD #fd GOOD CO M PA N V. watch htwat V Wytz rTip Peft euznmir Der-lopm MONONA Lei rd QWA s OF Hwe aooen"M E19couiR ao Vehos D"Mml W lit Ca iA&CIS'e(ju 1 �, u�nmr+ti�r�s Dlac�t,�rt¢ whrtt+4�d r.��can+� �i rr n In NJ ran tv 6 9v r4s IT Ltpral flaod m"Ptvice�i��+ss Pre�rtsinrti4rr Sa" Training Tr*"l Kf"rdw Pltfh m Wtt7l b tAt7tr V ft"Mc I WE ITZ *� , contact HOLLYWOOD OFFICE: Jim Wells/Vice President 4000 Hollywood Blvd., Suite 120N Hollywood, FL 33021 jim.wells @weitz.com PH: 561.6874801 CE: 561.719.0317