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Bergeron Land Development, Inc. Agreement for Design/Build Services 07M / F 4-30-14 CONTRACT: AGREEMENT Between CITY OF MIAMI BEACH, FLORIDA and BERGERON LAND DEVELOPMENT, INC. for DESIGN/BUILD SERVICES FOR THE STORMWATER PUMP STATIONS AT 6TH STREET, 10TH STREET AND 14TH STREET This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." and BERGERON LAND DEVELOPMENT, INC., its successors and assigns, hereinafter referred to as "DESIGN/BUILD FIRM." WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DESIGN/BUILD FIRM agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. Whenever the following terms or pronouns in place of them appear in this Agreement the intent and meaning shall be interpreted as follows: 1.00 Applicable Laws: All federal, state, county, and local statutes, codes, laws, rules, regulations, ordinances, orders and standards applicable to the Project and any other such law hereafter enacted, and any rules adopted pursuant thereto, as all such laws may be amended from time to time to perform the Work 1.01 Change Order: To the extent permitted under this Agreement, a fully executed written document authorizing a change in the Contract Price or Contract Time or a material change in the Work. 1.02 City: The CITY (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and/or for which this Contract is to be performed. In all respects hereunder, CITY's performance is pursuant to CITY's position as the owner of a construction project. In the event CITY exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to CITY's regulatory authority as a 1 4-30-14 governmental body and shall not be attributable in any manner to CITY as a party to this Contract. 1.03 City Commission: City Commission shall mean the governing and legislative body of the CITY. 1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the CITY. 1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM will consult with the Contract Administrator and prepare the Construction Documents for the Project, based upon the Design Criteria Package (DCP), for review and approval of the CITY (including, without limitation, any and all applicable CITY departments) and any applicable regulatory agencies. 1.06 Construction Manager: The Construction Manager is the authorized individual or firm which is the representative of DESIGN/BUILD FIRM, who/which will administer/manage the construction effort on behalf of the DESIGN/BUILD FIRM. 1.07 Construction Manager Representative: An authorized representative of Construction Manager assigned to the Project site to perform those services detailed in Article 17. 1.08 Construction Phase. The phase which constitutes DESIGN/BUILD FIRM's administration of the construction of the Project and all activities necessary for the completion of the Project. 1.09 Consultant: GPI, INC., its successors and assigns, is the registered architect, professional engineer, professional land surveyor, civil engineer, architect and/or registered landscape architect who has contracted with or who is employed by DESIGN/BUILD FIRM to provide professional services for the design of the Project and who is licensed by the State of Florida to provide said services. 1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto between the CITY and the DESIGN/BUILD FIRM for this Project.Contract shall also mean the same as Agreement. 1.11 Contract Administrator: The CITY's Capital Improvement Projects Office Director, or his/her designee, shall be designated as the City's Contract Administrator for matters concerning the Agreement. 1.12 Contract Documents: This Agreement, as approved by the Mayor and City Commission, pursuant to and subject to the conditions of City Resolution No. 2014-28498, and executed by the Mayor and City Clerk, and any addendums, exhibits and amendments thereto; Change Orders; the performance bond and payment bonds; the DCP; the Construction Documents, including but not limited to, Plans and Specifications (as approved and permitted) as prepared by the DESIGN/BUILD FIRM in accordance with the DCP, computerized Critical Path Method (CPM) Project Schedule, and Schedule of Values; and any additional documents the submission of which is required by this Agreement. When reference is made in the Contract Documents to publications, standards or codes issued by associations or societies, the intent shall be to specify the current or adopted edition of such publication or standard including revision and effect on the date of the issuance of all applicable permits. 2 i 4-30-14 1.13 Contract Time: The original time between Project commencement and Project completion, including any milestone dates thereof, established in Article 6 of the Contract, as may be amended by Change Order. 1.14 Contract Price: The Guaranteed Maximum Price agreed to between DESIGN/BUILD FIRM and the CITY. The Contract Price is not subject to increase, except as expressly allowed within the Contract Documents. 1.15 Design/Build Firm: BERGERON LAND DEVELOPMENT, INC., its successors and assigns, is the DESIGN/BUILD FIRM selected to perform the Work pursuant to this Agreement, and is the person, firm or corporation liable for the acceptable performance of, and payment of, all legal debts pertaining to the Project. All references in the Contract Documents to third parties under contract or control of DESIGN/BUILD FIRM shall be deemed to be a reference to DESIGN/BUILD FIRM. The DESIGN/BUILD FIRM will be responsible for the provision, installation, and performance of all equipment, materials, services and Work. The DESIGN/BUILD FIRM is in no way relieved of the responsibility for the performance of all equipment furnished. 1.16 Design Criteria Package (DCP): DCP shall mean those certain conceptual plans and specifications and performance oriented drawings or specifications of the Project, as prepared and sealed by the Design Criteria Professional, and in compliance with the requirements of Section 287.055, Florida Statutes. 1.17 Design Criteria Professional: Design Criteria Professional shall mean the individual or entity who/which holds a current certificate as a registered engineer under Chapter 471 to practice engineering and who/which is employed by or retained by the CITY to provide professional services in compliance with the requirements of Section 287.055, Florida Statutes, and in connection with the preparation of the DCP; who/which shall review and provide recommendations regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project; and evaluate compliance of Project construction with the DCP. 1.18 Field Order: A written order issued by the Contract Administrator or Project Manager which orders minor changes in the Project but which does not involve a change in the Contract Price or Contract Time or a material change in the Work. 1.19 Final Completion: The date certified by the Project Manager and Contract Administrator that all conditions of the permits and regulatory agencies have been met; all construction, including corrective and punch list work, has been performed; all administrative requirements of the Contract Documents have been completed; and CITY has received from DESIGN/BUILD FIRM all necessary documentation, as deemed required by the CITY including, but not limited to, the following: all final releases of liens, consent of surety, release of claims by DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed final adjusted Change Orders (to the extent that such Change Orders are permitted under this Agreement), final invoice, "before and after" electronic DVD's (including, without limitation, electronic DVD's of stormwater lines and outfalls within the Project limits), copies of pertinent test results, correspondence, warranties, guarantees, operational manuals, spare parts, service contracts, and tools. 1.20 [Intentionally Deleted]. 3 4-30-14 1.21 Contractor: BERGERON LAND DEVELOPMENT, INC., its successors and assigns (also referred to herein as the DESIGN-BUILD FIRM) shall also be the general contractor which shall perform the Work pursuant to this Agreement. 1.22 Hazardous Materials: As used in this Contract the term "Hazardous Materials" means any chemical, compound, materials, substance or other matter that: (a) Is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) Is controlled, referred to, designated in or governed by any Hazardous Materials Laws; (c) Gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or (d) Is any other material or substance giving rise to any liability, responsibility or duty upon the CITY with respect to any third person under any Hazardous Materials Law. 1.23 Hazardous Materials Laws: As used in this Contract, the term "Hazardous Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so called "common law"), including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §§1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §§6901 et seq.), relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under or about the Project site, soil and ground water conditions or other similar substances or conditions. 1.24 Material(s): Material(s) incorporated in this Project or used or consumed in the performance of the Work. 1.25 GUARANTEED MAXIMUM PRICE(GMP): THE MUTUALLY AGREED UPON CONTRACT PRICE TO BE PAID TO THE DESIGN/BUILD FIRM, AND THAT THE DESIGN / BUILD FIRM GUARANTEES NOT TO EXCEED, FOR ALL LABOR, EQUIPMENT, AND MATERIALS TO DESIGN, PERMIT (AS REQUIRED BY THE CONTRACT DOCUMENTS), ADMINISTER, COORDINATE, INSPECT, CONSTRUCT, AND INSTALL THE PROJECT WITHIN THE CONTRACT TIME. THE GUARANTEED MAXIMUM PRICE IS NOT SUBJECT TO INCREASE EXCEPT AS EXPRESSLY ALLOWED. 1.26 Notice-to-Proceed (NTP): A written document issued by the Contract Administrator informing the DESIGN/BUILD FIRM to officially begin the Project or, where the Agreement requires the issuance of multiple Notices to Proceed, a written document issued by the Contract Administrator informing the DESIGN/BUILD FIRM to officially begin with that portion of the Project referenced in the specific NTP. 1.27 Plans and Specifications: The official graphic and descriptive representations of the Project which, upon written approval of CITY, shall become a part of the Contract Documents. 4 4-30-14 1.28 Project: The DESIGN/BUILD FIRM will be responsible for the design, construction and construction management, and furnishing of all equipment, Materials, services, and labor for the stormwater pump stations at 6th Street, 10th Street and 14th Street. 1.29 Project Manager: An authorized representative of CITY, who may be a CITY employee or a Resident Project Representative assigned to the Project by the CITY, assigned to make necessary observations of Materials furnished by DESIGN/BUILD FIRM and of the Work performed by DESIGN/BUILD FIRM, as detailed in Subsection 5.06. 1.30 Shop Drawings: Drawings, diagrams and schedules, and other data specially prepared by the DESIGN/BUILD FIRM or its Subcontractors, sub-Subcontractors, manufacturer, supplier or distributor to illustrate some portion of the Work. 1.31 Sub-Consultant: The person or entity who is a registered architect, professional engineer, professional land surveyor, and/or registered landscape architect having a contract with Consultant or DESIGN/BUILD FIRM to provide professional services for the design of the Project, and who is licensed by the State of Florida to provide said services. 1.32 Subcontractor: The person or entity having a contract with Contractor or DESIGN/BUILD FIRM including, without limitation, one who furnishes Materials worked to a special design according to the Contract Documents for this Project, but does not include one who merely furnishes materials not so worked. 1.33 Substantial Completion: Subject to the requirements of Article 41, the date(s) certified by the Contract Administrator and Project Manager that all conditions of the permits and regulatory agencies have been met for the CITY's stated use of the Project, and all construction has been performed therein in accordance with the Contract Documents so CITY can fully occupy or utilize, the Project, or (where multiple/phased Notices to Proceed are issued for the Project) a portion(s) of the Project, for its designed purpose. At a minimum, a Certificate of Substantial Completion is one of the requirements for Substantial Completion. 1.34 Surety: The surety company or individual which is bound by the performance bond and payment bonds with and for DESIGN/BUILD FIRM, who is primarily liable, and which surety company or individual is responsible for DESIGN/BUILD FIRM's acceptable performance of the Work under the Contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.35 Utilities: The public or private systems on the Project site for rendering electrical power, light, heat, gas, water, communication, sewage systems, and the like. 1.36 Work: The completed construction required by the Contract Documents, as permitted, including all labor necessary to produce such construction, and all Materials and equipment incorporated or to be incorporated in such construction. 1.37 Milestone: The portion of the Project Work pertaining to the 101h and 14th street pump stations (as required under the Contract Documents) shall be fully operational by October 1, 2014. Backflow preventers for the Project shall be operational at all three (3) locations (i.e. 61h Street, 101h Street, and 14th Street) by October 1, 2014. 5 i 4-30-14 ARTICLE 2 GENERAL PROVISIONS 2.01 Generally: DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, Materials, equipment, Work, services, and incidentals necessary to complete the Project, in accordance with the Contract Documents, within the Contract Time and for the Guaranteed Maximum Price. 2.02 Relationship of CITY and DESIGN/BUILD FIRM: The DESIGN/BUILD FIRM accepts the relationship of trust and confidence established between it and the CITY by this Agreement. The DESIGN/BUILD FIRM warrants and represents to City that it will furnish its best skill and judgment in performing the Work, and shall always act to further the interest of the CITY in the expeditious completion of the Project at the lowest cost to the CITY, and in strict accordance with the Contract Documents and prudent and customary construction practices. By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the CITY and warrants and represents to the CITY that the DESIGN/BUILD FIRM: (a) has all licenses and certifications required by Applicable Laws; (b) is experienced in all aspects of pre-construction and construction planning for projects similar to the Project; (c) will act in the CITY'S highest and best interests in performing the Work; and (d) that no employees or affiliates of the DESIGN/BUILD FIRM, including all Sub-consultants, Subcontractors, and suppliers, at any tier, have been convicted of a public entity crime, fraud, theft, and/or a property damage crime within the preceding thirty-six (36) months from the time this Contract is executed, as required pursuant to Section 287.133, Florida Statutes. 2.03 Intention of CITY: The CITY describes in this Agreement and the other Contract Documents (including, without limitation, the DCP), a functionally complete Project, to be designed and constructed in accordance with such Contract Documents, for the Guaranteed Maximum Price, and in accordance with all Applicable Laws governing construction of the Project. Any Work, services, Materials, or equipment required under the Contract Documents to produce the functionally complete Project described therein shall be supplied by DESIGN/BUILD FIRM, whether or not specifically called for. When words which have a well- known technical or trade meaning are used to describe services, 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 associations, or to the laws or regulations of any governmental authority, whether such reference is specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of issuance of all applicable permits. If a conflict exists between two or more referenced standards, the most stringent shall apply. The CITY shall have no duties other than those duties and obligations expressly set forth within this Agreement and the other Contract Documents. 2.04 Preliminary Matters: 2.04.01 Within five (5) calendar days prior to the pre-construction meeting described in Subsection 2.04.02, DESIGN/BUILD FIRM shall submit the following to Project Manager, for Project Manager's review and approval: 2.04.01.01 A CPM 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: 6 4-30-14 ( ) Bar Chart ( ) Modified CPM O CPM (X) Computerized CPM using the latest edition of the Primavera software (CPM shall be generally defined as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") DESIGN/BUILD FIRM shall provide a preliminary logic-based CPM Project "Base Line" Schedule using "Early Start" and "Early Finish" dates for each activity. The DESIGN/BUILD FIRM shall include, in addition to normal work activity input, input that encompasses all submittal approvals; delivery durations for important Materials and/or equipment; logic relationships of activities, including physical and site restraints; and shall clearly identify the Project's critical path. The DESIGN/BUILD FIRM shall also include the Project permitting process/schedule in the CPM Project schedule. This input shall be precedence based CPM scheduling using the most recent version of Primavera software. The preliminary CPM Project "Base Line" Schedule, when submitted, shall have attached a program-generated error report stating that no errors exist in the schedule. DESIGN/BUILD FIRM shall submit monthly, with each requisition for payment, an update of the CPM Project Schedule (with a program- generated error report stating that no errors exist in the schedule and that it does not revise the CPM Project "Base Line" Schedule's Substantial Completion or Final Completion date), showing the progress for the month. DESIGN/BUILD FIRM SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the CPM Project "Base Line" Schedule, DESIGN/BUILD FIRM shall include a narrative report of the month's progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that DESIGN/BUILD FIRM hire a full-time professional, knowledgeable in the use of Primavera to continuously develo p J and update the Primavera CPM Project "Base Line" p Schedule, as required in this Agreement. DESIGN/BUILD FIRM shall 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 CPM Project "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. 7 4-30-14 The CPM Project "Base Line" Schedule shall be the basis of the DESIGN/BUILD FIRM's Work and shall be complied with in all respects. If the DESIGN/BUILD FIRM's Work becomes more than (30) days behind schedule the DESIGN/BUILD FIRM shall be required to submit a "Make- Up" schedule to Project Manager, for his/her prior review and approval, that demonstrates "Catch Up" within thirty (30) days. DESIGN/BUILD FIRM shall provide, at DESIGN/BUILD FIRM's sole expense, the necessary additional labor, Materials, and or equipment necessary to make-up the lost time by a delay caused from the DESIGN/BUILD FIRM own actions. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default DESIGN/BUILD FIRM. 2.04.01.02 After Contract award, but prior to the submission of the final CPM Project "Base Line" Schedule, Project Manager, Contract Administrator, and DESIGN/BUILD FIRM shall meet with all Utility owners to secure schedule of Utility relocation; provided, however, that neither the CITY nor the DESIGN/BUILD FIRM shall be responsible for non- performance by the Utility owners. Any related delay claim will be non- compensable. 2.04.01.03 A preliminary schedule of Shop Drawing submissions; and 2.04.01.04 A preliminary Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by DESIGN/BUILD FIRM at the time of submission. 2.04.02 At a time specified by Project Manager, but before DESIGN/BUILD FIRM commences the Work at the Project site, a conference attended by DESIGN/BUILD FIRM, Project Manager and others, as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Subsection 2.04.01; to discuss procedures for handling Shop Drawings and other submittals; for processing requisitions for payment; and to establish a working understanding among the parties as to the Work. 2.04.03 Within ten (10) days from the Project Initiation Date (as set forth in the first Notice-to-Proceed), a conference attended by DESIGN/BUILD FIRM, Project Manager, Contract Administrator, and others (as deemed appropriate by Contract Administrator) will be held to finalize the schedules submitted in accordance with Subsection 2.04.01. Within ten (10) days after receiving review comments, the DESIGN/BUILD FIRM shall revise the original schedule submittal to address all review comments from the CPM review conference and re-submit for the Project Manager's review and acceptance. The finalized CPM Project "Base Line" Schedule will be accepted by Project Manager only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will not impose on the CITY responsibility for the progress or scheduling of the Work, nor relieve DESIGN/BUILD FIRM from full 8 4-30-14 responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Project Manager as providing a workable arrangement for processing the submissions. The finalized Schedule of Values pursuant to Subsection 2.04.01.03 above must be acceptable to Project Manager as to form and substance. 2.05 The DESIGN/BUILD FIRM agrees that the Work shall be performed in a good and professional manner, free from defects in Materials and workmanship, conflicts, and that all Materials shall be new and be acceptable to and approved by the Project Manager and Contract Administrator, except as otherwise expressly provided for in the Contract Documents. The DESIGN/BUILD FIRM shall cause all Materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project improvements. ARTICLE 3 INTENTION OF AGREEMENT The Agreement and the DCP describes a functionally complete Project to be designed and constructed by the DESIGN/BUILD FIRM in accordance with the Contract Documents and within the Contract Time and within the Guaranteed Maximum Price. Any Work, Materials or services required from the Contract Documents, as being required to produce the functionally complete Project described therein shall be supplied by DESIGN/BUILD FIRM, 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 Applicable Laws including, without limitation, reference to standard specifications, manuals or codes of any technical society, organization or association, or to laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the standard specification, manual, code, laws or regulations in effect at the time of issuance of all applicable permits. Applicable Laws that may be changed after a permit is issued may result in additional compensation should additional Work or services be required on behalf of the DESIGN/BUILD FIRM. ARTICLE 4 CONTRACT DOCUMENTS 4.01 The Contract Documents shall be followed as to Work, Materials, and dimensions except when the Contract Administrator may authorize, in his/her sole discretion, and in writing, an exception. 4.02 Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be decided upon by the Consultant, with concurrent written notice to Contract Administrator and Project Manager. DESIGN/BUILD FIRM shall not proceed when in doubt as to any dimension or measurement but shall seek clarification from the Consultant, with concurrent written notice to Contract Administrator and Project Manager. 4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents; two (2) of which shall be preserved and always kept accessible at the site for the Contract Administrator, Project Manager, and/or their authorized representatives. 4.04 This Contract incorporates by reference the Contract Documents defined in Subsection 1.12. 4.05 The following Contract Documents listed in Subsection 1.12 shall have the following order of precedence, beginning with the most important: 1. This Agreement (Contract) and all exhibits, addendums, and amendments thereto; 9 4-30-14 2. Change Orders (to the extent permitted under this Agreement); 3. The Specifications (approved and permitted); 4. The Plans (approved and permitted); 5. The DCP; and 6. CPM Project Schedule and Schedule of Values. ARTICLE 5 SCOPE OF WORK 5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project generally described by the DCP, including, drawings and specifications; job site inspection; administration of construction, engineering, architecture, landscape architecture, and land surveying services, labor, Materials, equipment and other services necessary to perform all of the Work described in the Contract Documents, to be prepared by the DESIGN/BUILD FIRM, including drawings and addenda thereto for the construction of the Project; to the Project shall be constructed in accordance with the requirements and provisions of said Contract Documents and for the Guaranteed Maximum Price. 5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator and/or Project Manager or their respective designees at reasonable times and with reasonable notice. 5.03 Prior to the Final Completion of construction services under this Agreement, and as a condition precedent to final payment, there shall be established a record set of Plans on reproducible vellum and a record set of Specifications; both of which shall bear the written approvals of DESIGN/BUILD FIRM and Contract Administrator. Such approval shall be indicated by the written signature of both parties. In addition there shall be established electronic copies on CD-ROM of the record set plans, non-compressed, formatted in the latest version of AUTOCAD and of the record set of Specifications. In addition, prior to the commencement of the Construction Phase for the Project, DESIGN/BUILD FIRM shall submit to the Project Manager, the CPM Project "Base Line" Schedule, and such other items required in subsection 2.04.03, for the planning and execution of such Construction Phase, for written approval by the Project Manager. 5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum, will provide the following services: 5.04.01 At least five (5) days prior to the commencement of the Construction Phase of the Project, the DESIGN/BUILD FIRM will identify and provide the qualifications of a suitably qualified and experienced Construction Manager who will be full time, on site at the Project. 5.04.02 DESIGN/BUILD FIRM will use reasonable efforts to have the same Construction Manager on the Project, full time, to its conclusion, and any new representative will first be approved in writing by Contract Administrator before permanent assignment. Approval shall not be unreasonably withheld. 5.04.03 The Construction Manager will conduct weekly on-site meetings with the Contractor and its Subcontractors at regular times, as previously agreed upon and approved by the Project Manager, and shall issue weekly reports on the progress of the Work and the minutes of the previous meeting. 5.04.04 Construction Manager will administer the Contractor's Work. 10 4-30-14 5.04.05 The Construction Manager shall maintain and monitor the CPM Project Schedule, subject to Project Manager's prior written approval, and implement updates as required. 5.04.06 The Construction Manager shall coordinate the processing of shop drawings and Material submittals. 5.04.07 The Construction Manager will endeavor to achieve satisfactory performance by Contractor and, if required, will require corrections to Contractor's Work including, but not limited to, maintaining punch lists and observing testing. 5.04.08 The Construction Manager will monitor the cost of the Project, including payment applications and the preparation thereof. 5.04.09 The Construction Manager will assist in the preparation of record drawings, and shall transmit to the Consultant requests for additional information concerning the design. In addition, the Project Manager shall be copied on these requests for monitoring purposes. 5.04.10 The Construction Manager will observe testing and start-up activities of machinery and utilities. 5.04.11 The Construction Manager will secure all equipment brochures and warranties from the Contractor. 5.04.12 The Construction Manager will coordinate the correction and completion of the Work including that required by the punch list. 5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will provide the following services: 5.05.01 Consultant shall perform all of the architectural and engineering services necessary to describe, detail and design the Project in accordance with the Contract Documents. 5.05.02 Consultant shall design the Project so as to comply with Applicable Laws. 5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain all required and necessary reviews and approvals (or take other appropriate action upon) for same, and/or other submittals including, but not limited to, shop drawings, product data, and samples. Consultant shall also submit the Plans and Specifications to the Design Criteria Professional, with a copy to Contract Administrator, for his/her review and written approval. Design Criteria Professional shall expeditiously review and approve the Plans and Specifications in accordance with the accepted Project Schedule. Design Criteria Professional's approval of the Plans and Specifications shall not constitute acceptance of any design work which does not comply with Applicable Laws, the DCP, and/or with the terms of this Contract. Except as provided in, and to the extent limited by, the preceding sentence, the approval of the Plans and Specifications by the Design Criteria Professional, shall constitute a representation by the Design Criteria Professional that the Project, if constructed as required by the Contract Documents, will be sufficient for its purposes. The Plans and Specifications shall include technical drawings, schedules, 11 4-30-14 diagrams, and specifications setting forth in detail the requirements for construction of the Project; provide information necessary for the use of Contractor, Subcontractors, and those in the building trade; and include documents necessary for regulatory agencies and other governmental approvals. 5.05.04 Consultant shall prepare construction change directives, if necessary, at no additional cost to CITY, and authorize minor changes in the Work, as provided in the Contract Documents. 5.05.05 Consultant shall receive and review for compliance with the Contract Documents all written warranties and related documents required hereby to be assembled upon Substantial Completion and issue Applications for Payment performed in compliance with the requirements of the Contract Documents; 5.05.06 The approved and permitted Plans and Specifications shall constitute a representation by Consultant to CITY that the Project, if constructed as required by the Contract Documents, will be sufficient for its purposes. The Plans and Specifications shall include technical drawings, schedules, diagrams, and specifications setting forth in detail the requirements for construction of the Project; provide information necessary for the use of Contractor, Subcontractors, and those in the building trade; and include documents necessary for regulatory agencies and other governmental approvals. 5.06 Project Manager will provide the following services: 5.06.01 The Project Manager shall review Applications for Payment and coordinate the processing thereof with the CITY. 5.06.02 The Project Manager shall monitor the schedule (s). 9 (s .) 5.06.03 The Project Manager shall track, log and review all required Project related documents and subsequently address any and all concerns with DESIGN / BUILD FIRM. 5.06.04 The Project Manager shall review and observe the Work and testing thereof for conformance and compliance with the requirements of the Contract Documents. 5.06.05 The Project Manager shall attend all required meetings and maintain and distribute meeting minutes, with the exception of weekly construction progress meetings as noted in 5.04.03. 5.06.06 At all times the Project Manager will act as liaison between the parties to this Agreement, and the City's Project Manager and Contract Administrator. ARTICLE 6 COMPLETION DATE 6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in accordance with the approved and accepted CPM Project Schedule and to achieve Substantial Completion of the Work, in accordance with this Contract, and within the Contract Time. DESIGN/BUILD FIRM acknowledges that failure to achieve Substantial Completion will result in substantial damages to the CITY, such as loss of beneficial use and/or occupancy of the 12 4-30-14 Project. Completion of the Work shall be achieved in accordance with the timelines set forth in Subsection 6.03. NOTWITHSTANDING THE PRECEDING PARAGRAPH, DESIGN / BUILD FIRM SHALL HAVE THE MILESTONE, AS DEFINED IN SUBSECTION 1.37, FULLY OPERATIONAL BY OCTOBER 1, 2014. THE TERM "FULLY OPERATIONAL" SHALL BE DEFINED TO MEAN THAT THOSE PUMP STATIONS INCLUDED IN THE MILESTONE DEFINITION IN SUBSECTION 1.37 SHALL BE CAPABLE OF PUMPING TO THE FULL RATED CAPACITY OF THE DESIGN SPECIFIED IN THE CONTRACT DOCUMENTS. 6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the CITY's Procurement Director, and Notices-to- Proceed issued by the Contract Administrator. As contemplated in subsection 6.02.01 hereof, and following the issuance of the first Notice-to-Proceed, the City's intent is to issue multiple Notices-to-Proceed for the Construction Phase of this Contract. DESIGN/BUILD FIRM shall commence scheduling activities, permit applications, and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice-to-Proceed. The first Notice-to-Proceed and Purchase Order will not be issued until DESIGN/BUILD FIRM'S submission to CITY of all required documents and after execution of the Contract by both parties. 6.02.01 The CITY may issue phased (i.e. multiple) Notices to Proceed for the Construction Phase, based on the receipt of permits from the respective regulatory agencies; PROVIDED, HOWEVER, THAT THE PROJECT MANAGER MAY, IN HIS/HER SOLE AND REASONABLE JUDGMENT AND DETERMINATION, ISSUE A NOTICE TO PROCEED FOR THE CONSTRUCTION PHASE OF THE PROJECT (OR A PORTION THEREOF), INDEPENDENT (AND PRIOR TO) THE COMPLETION OF THE PERMITTING PROCESS FROM THE RESPECTIVE REGULATORY AGENCIES. In the latter case (but only in such case), the CITY shall bear the responsibility for any re-work, including design and additional permitting costs, should the respective permitting agencies require. The CITY's review, approval, and acceptance of the CPM Project Schedule submitted by the DESIGN/BUILD FIRM, in accordance with the technical specifications, submittal schedule, and Schedule of Values, is a condition precedent to the issuance of any Notice-to-Proceed to mobilize on the Project site and commence with physical construction work. DESIGN/BUILD FIRM shall submit all necessary documents required by this provision within ten (10) calendar days of the issuance of the first Notice-to-Proceed. 6.02.02 The DESIGN / BUILD FIRM shall complete the Construction Documents Phase within thirty (30) calendar days of the issuance of the first Notice-to-Proceed. 6.02.03 The DESIGN / BUILD FIRM shall complete the Construction Phase as follows: 6.03 TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL REACH THE MILESTONE BY OCTOBER 1, 2014 (AND WHICH ALSO MEANS, AS DEFINED IN SUBSECTION 1.37 AND THE LAST PARAGRAPH OF SUBSECTION 6.01, THAT THE MILESTONE SHALL BE FULLY OPERATIONAL BY OCTOBER 1, 2014). THE REMAINDER OF THE WORK ON 10TH AND 14TH STREETS SHALL BE SUBSTANTIALLY COMPLETED WITHIN NINETY (90) CALENDAR DAYS FROM THE MILESTONE (I.E. FROM OCTOBER 1, 2014), AND SHALL BE COMPLETED AND READY FOR FINAL PAYMENT, IN ACCORDANCE WITH ARTICLE 8, NO LATER THAN THE SUBSTANTIAL COMPLETION DATE OF THE FDOT STORMWATER PUMP STATION AT 10TH STREET AND 14TH STREET. THE WORK ON 6TH STREET, SHALL BE SUBSTANTIALLY COMPLETED WITHIN ONE- 13 4-30-14 HUNDRED AND TWENTY (120) CALENDAR DAYS FROM THE THIRDCITY'S ISSUANCE OF THE NOTICE TO PROCEED, FOR THE CONSTRUCTION PHASE FOR 6TH STREET, AND SHALL BE COMPLETED AND READY FOR FINAL PAYMENT IN ACCORDANCE WITH ARTICLE 8, NO LATER THAN THE SUBSTANTIAL COMPLETION DATE OF THE FDOT STORMWATER PUMP STATION AT 10TH AND 14TH STREET. 6.04 Failure of DESIGN/BUILD FIRM to reach the Milestone by October 1, 2014 (including, failure to have the Milestone fully operational). DESIGN/BUILD FIRM shall pay to CITY the sum of Ten Thousand and 00/100 Dollars ($ 10,000.00)for each calendar day after the time specified in Subsection 1.37 and Article 6 (plus any approved time extensions at the sole discretion of the CITY) that DESIGN/BUILD FIRM fails to have the Milestone fully operational. In addition to the Milestone "fully operational" date, the remainder of the Work shall be substantially completed in accordance with the respective timelines for substantial completion set forth in Subsection 6.03. Should DESIGN/BUILD FIRM fail to complete the remaining Project Work within ten (10) calendar days after the respective Substantial Completion dates for such Work, as set foth in Subsection 6.03, DESIGN/BUILD FIRM shall pay to City the sum of $1,400.00 for each calendar day after said ten (10) calendar day period. The time frame for liquidated damages shall not commence and thus shall not be tolled until the Contract Administrator submits the punch list to the DESIGN/BUILD FIRM. DESIGN/BUILD FIRM AND CITY HEREBY MUTUALLY AGREE AND ACKNOWLEDGE THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of DESIGN/BUILD FIRM to complete the Contract on time. 6.05 CITY is authorized to deduct liquidated damages from monies withheld due to DESIGN/BUILD FIRM for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. The CITY shall first deduct the liquidated damages from the monies referenced in Subsection 8.02. 6.06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by Project Manager in administering the construction of the Project beyond the completion date specified above. All such costs shall be deducted from the monies due DESIGN/BUILD FIRM for performance of Work under this Contract by means of unilateral credit Change Orders issued by CITY as costs are incurred by Project Manager and agreed to by Contract Administrator. ARTICLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY 7.01 The parties acknowledge and agree that the DESIGN/BUILD FIRM will be responsible for the design, construction, and construction management of the pump stations at 6th Street, 10th Street and 14th Street (the Project) according to the Design Criteria Package (DCP). 7.02 The City will be responsible for securing, with full cooperation of DESIGN/BUILD FIRM, all environmental permits for the Project including, without limitation, as SFWMD, DERM, Army 14 4-30-14 Corp, and FDEP. The DESIGN / BUILD FIRM shall hire Stantec Consulting Services, Inc. to be fully responsible for preparing the applications for all environmental permits necessary for the Project, and to be secured by the City. Except as provided in the preceding sentences (as to the permits the City is responsible for securing), the DESIGN/BUILD FIRM shall be fully responsible for any and all other permits and approvals from all governmental authorities having jurisdiction over the Project. All permits and licenses (except those that the City is expressly responsible for herein) required by federal, State or local laws, rules, and regulations necessary for the prosecution of the Project by DESIGN/BUILD FIRM pursuant to this Agreement shall be secured by the DESIGN/BUILD FIRM and paid for by the CITY, excluding the de-watering permit. It is the DESIGN/BUILD FIRM'S responsibility to have and maintain appropriate certificate(s) of competency, valid for the Work to be performed, and for all persons working on the Project for whom a certificate of competency is required. 7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents, servants, employees including, but not limited to, the Contractor, Consultant, Subcontractors, Sub- Consultants, sub-Subcontractors, sub-Subconsultants, Materials persons (pursuant to Chapter 713, Florida Statutes), and any and all other persons working for it in conjunction with the design and construction of the Project. 7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its Contractor, Consultant, Subcontractors, Sub-Consultants, sub-Subcontractors, sub-Sub- Consultants, Materials persons, and any and all other persons working for DESIGN/BUILD FIRM in conjunction with the design and construction of the Project; any and all persons working for Contractor, Consultant, Subcontractors or Sub-Consultanst; and any and all persons for whose acts any of the aforestated may be liable, to the same extent DESIGN/BUILD FIRM is responsible for the acts and omissions of persons directly employed by DESIGN/BUILD FIRM. Nothing in this Agreement shall create any contractual relationship between CITY and Consultant, or CITY and any Subcontractor, Sub-Consultant, sub-Subcontractor, sub-Sub- Consultant, or any other person working either for DESIGN/BUILD FIRM or for any of the aforestated parties in conjunction with the design and construction of the Project; including, without limitation, any obligation on the part of CITY to pay or to see to the payment of any monies due to any of the aforestated parties (excluding Stantec Consulting Service, Inc. as to those services provided for the City's permitting obligations) pursuant to subsection 7.02 hereof. 7.05 DESIGN/BUILD FIRM agrees to bind its Consultant, Subcontractors, and Sub- Consultants to the applicable terms and conditions of this Agreement for the benefit of CITY. 7.06 Unless otherwise provided herein, DESIGN/BUILD FIRM shall provide and pay for all architecture, engineering, landscape architecture, land surveying services, Materials, construction and other labor, water, tools, equipment, light, power, transportation, and other facilities and services necessary for the proper execution and completion of the design and construction of the Project, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Project. 7.07 DESIGN/BUILD FIRM shall at all times enforce strict discipline and good order among its employees, Consultants, Subcontractors and Sub-Consultants at the Project site, and shall not employ on the Project any unfit person or anyone not skilled in the work and/or services assigned to him or her. 7.08 [Intentionally omitted] 15 4-30-14 7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into account and comply with any and all Applicable Laws affecting those engaged or employed in the Project; or the Materials used or employed in the design and construction of the Project; or in any way affecting the conduct of the Project; including, without limitation, all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same and of all provisions required by law to be made a part of this Agreement, all of which provisions are hereby incorporated by reference and made a part hereof. If any specification or contract for this Project is in violation of any such Applicable Laws, DESIGN/BUILD FIRM shall forthwith report the same to the Contract Administrator in writing., DESIGN/BUILD FIRM shall cause all its employees, agents, Consultant, Subcontractors, Subconsultants, sub-Subconsultants, and sub- Subcontractors to observe and comply with all Applicable Laws. 7.10 In the event of a change after the issuance of any applicable permit for the Project in any Applicable Law which in any manner affects the Project, DESIGN/BUILD FIRM shall advise the Contract Administrator, in writing, and the Contract Administrator may initiate a Changer Order request to the DESIGN/BUILD FIRM and process a Change Order, the purpose of which shall be to bring the Project into compliance with such Applicable Law, as amended or enacted. 7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other taxes required by law. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State statutes involving State taxes and complying with all requirements. 7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and records and accounts of the DESIGN BUILD/FIRM which directly relate to the Project, and to any claim for additional compensation made by the DESIGN BUILD/FIRM, and to conduct an audit of the financial and accounting records of the DESIGN BUILD/FIRM which relate to the Project and to any claim for additional compensation made by the DESIGN BUILD/FIRM. DESIGN BUILD/FIRM shall retain and make available to CITY all such books and records and accounts or portions thereof, 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, the DESIGN BUILD/FIRM shall provide CITY access to its books and records subject to this section upon three (3) business day's written notice. 7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project for the Guaranteed Maximum Price, in accordance with the Contract Documents, and shall have the Milestone fully operational by October 1, 2014, and Substantial Completion of the Work within the Contract Time periods set forth in Article 6 hereof. Final completion of the Work shall also be achieved within the time periods set forth in Article 6 hereof. 7.14 DESIGN/BUILD FIRM shall furnish efficient business administration, coordination, management and supervision of the Work and services required to complete the Project, and shall cooperate with the Project Manager and the Contract Administrator, and their respective representatives, in furthering the interests of CITY in the expeditious completion of the Project at the lowest cost to CITY, consistent with the requirements of the Contract Documents and prudent and customary construction practices. 7.14.01 The DESIGN/BUILD FIRM shall perform the Work, and shall cause Contractor and Subcontractors to perform the Work, in strict accordance with all Applicable Laws. By signing this Agreement, the DESIGN/BUILD FIRM represents and warrants that it is familiar with all Applicable Laws that govern the Work. 16 4-30-14 7.14.02 If DESIGN/BUILD FIRM has knowledge that the Contract Documents do not comply with Applicable Laws, in any respect, the DESIGN/BUILD FIRM shall promptly notify the Project Manager, in writing, and any necessary changes shall be adjusted by appropriate revisions. If the DESIGN/BUILD FIRM performs any Work not in accordance with Applicable Laws, and without such notice to the Project Manager, the DESIGN/BUILD FIRM shall assume full responsibility therefore, and shall bear all costs attributable thereto. 7.14.03 In the event that Work is deemed by competent authority not to comply with Applicable Laws, the DESIGN/BUILD FIRM shall bring such Work into compliance with such Applicable Laws. If an Applicable Law(s) is enacted after the issuance of an applicable permit for the Project, and the DESIGN/BUILD FIRM had no reasonable prior knowledge of such a change to the Applicable Law(s), such change shall be considered an unforeseeable and unavoidable cost, and the CITY shall approve a Change Order to bring such Work into compliance with such Applicable Law(s). New interpretations of existing Applicable Laws shall not be considered an unforeseeable and unavoidable cost. 7.15 The DESIGN/BUILD FIRM warrants to CITY that it has thoroughly reviewed and studied the DCP, and has determined that it is in conformance with Applicable Laws, and is complete and sufficiently coordinated to perform the Work for the Guaranteed Maximum Price and the Contract Time. DESIGN/BUILD FIRM warrants to CITY that the DCP is consistent, practical, feasible and constructible. DESIGN/BUILD FIRM further warrants to CITY that the Work described in the DCP is constructible for the Guaranteed Maximum Price and the Contract Time. THE CITY DISCLAIMS ANY WARRANTY THAT THE DCP FOR THE PROJECT IS ACCURATE, PRACTICAL, CONSISTENT, AND /OR CONSTRUCTIBLE. 7.16 The DESIGN/BUILD FIRM accepts t h o Pr oject site in its observable a n d/o r documented ted condition existing at the time of this Agreement, or conditions ordinarily encountered and generally recognized as inherent to the character of the Work to be provided for in this Project. By signing this Contract, the DESIGN/BUILD FIRM represents to the CITY that it has: (a) visited the Project site to become familiar with the conditions under which the Work is to be performed; (b) become familiar with all information provided (without warranty) by the CITY pertaining to the Project site; and (c) correlated its observations with the information furnished by the CITY (without warranty), and the Contract Documents. The DESIGN/BUILD FIRM hereby waives additional time or necessary b observable and/or compensation for additional work made P rY Y documented conditions existing at the Project site, or conditions ordinarily encountered and generally recognized as inherent to the character of the Work to be provided for in this Project. 7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be required by the DESIGN/BUILD FIRM or considered by the City for reasons involving conflicts in the Contract Documents; questions of clarity with regard to the Contract Documents; and incompatibility or conflicts between the Contract Documents and the existing Project site conditions excluding, without limitation, utilities and unforeseen underground conditions at the discretion of the CITY and will not be unreasonably withheld. The DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for points of connection for all utilities required for this Project. 7.18 Except for the permits required to be secured by the City pursuant to subsection 7.02 hereof, the DESIGN/BUILD FIRM shall, as may be required for proper execution and completion 17 4-30-14 of the Work, secure any and all other necessary permits and revisions thereto, fees, and licenses, as required by Applicable Laws to complete the Project including, but not limited to, all necessary utility connection permits and fees, which will be reimbursed by the CITY as applicable. 7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued by government authorities. ARTICLE 8 THE CONTRACT PRICE (GUARANTEED MAXIMUM PRICE) AND METHOD OF PAYMENT 8.01 The Contract Price is the Guaranteed Maximum Price agreed to by the DESIGN/BUILD FIRM and CITY under this Contract, payable to complete the Work in accordance with the Agreement and DCP, and, to the extent permitted by this Agreement, as may be increased or decreased by Change Order. 8.01.01 The Contract Price for the Project, which is also the Guaranteed Maximum Price, is $11,250,000.00. 8.01.02 In the event that the DESIGN/BUILD FIRM'S total approved expenditures for the Project exceed the Guaranteed Maximum Price, the DESIGN/BUILD FIRM shall pay such excess from its own funds. CITY shall not be required to pay any amount that exceeds the Guaranteed Maximum Price and the DESIGN/BUILD FIRM shall have no claim against the CITY on account thereof. 8.02 METHOD OF BILLING AND PAYMENT 8.02.01 During the Construction Documents Phase, DESIGN/BUILD FIRM may submit a request for payment monthly based upon percentage of completion of the (final construction) Plans and Specification and for any invoice that has been paid by DESIGN / BUILD FIRM for ordering pumps as referenced in Article of hereof. During the Construction Phase, DESIGN/BUILD FIRM may submit a request for payment thirty (30) calendar days after beginning field operations, subject to the Notice-to-Proceed, and every thirty (30) calendar days thereafter. Payment during the Construction Phase will be based upon percentage of work completed for each item in the approved Schedule of Values. DESIGN/BUILD FIRM's requisition for payment shall show a complete breakdown of the Project components, and the amount due, together with such supporting evidence, as may be required by the Contract Administrator. At a minimum, the requisition for payment shall be accompanied by a completed certification of Work; consent of surety in the applicable amount; list of Subcontractors that performed Work during the payment application period being submitted; releases of liens from the Contractor for the previous period being billed; releases of liens from Subcontractors that have performed Work during the previous billing period unless payment for the previous period has not been received by the DESIGN/BUILD FIRM; aerials and photographs of the areas of Work for the applicable billing period; an accepted, updated CPM Project Schedule (as approved); and back up for all items being billed. The certification of Work will mean compliance by DESIGN/BUILD FIRM with the approved CPM Project Schedule; that as-built drawings of improvements are current for the prior period; and Applicable Laws are being met and complied with. Each requisition for payment shall be submitted in triplicate to the Project Manager for approval. Payment for Work performed will be made in accordance with the Florida Prompt Payment Act (Sections 255.0705 — 255.078), but not more frequently than once a month (i.e. every 30 days). The Contract 18 4-30-14 Administrator shall verify completion of the various phases, as noted, and authorize payment accordingly. Should the Project fall behind schedule as indicated in the CPM Project Schedule, DESIGN/BUILD FIRM shall include a written plan demonstrating how the Final Completion date shall be maintained. 8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM within thirty (30) calendar days of receipt of DESIGN/BUILD FIRM's proper requisition for payment, as provided above. 8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM shall be retained by CITY until the Project has obtained Final Completion and been accepted by CITY, except that upon completion of the Construction Documents Phase and approval by CITY of the Work performed under such phase, the Contract Administrator may release the entire amount of the retainage pertaining to the Consultant fees associated with the Construction Documents Phase. After fifty percent (50%) of the Construction Phase of the Project has been completed, the Contract Administrator, upon written request of the DESIGN/BUILD FIRM and written Consent of Surety in support of said request, may reduce the retainage to five percent (5%) of all monies earned subsequent to the Construction Documents Phase. Any interest earned on retainage shall accrue to the benefit of CITY. 8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after CITY's receipt of DESIGN/BUILD FIRM's proper requisition for payment for conforming Work shall bear interest at the rate set forth in Section 218.74 (4), Florida Statutes. This section shall not apply if the CITY has a right to withhold any portion of the payment under this Agreement. 8.03 Upon receipt of written notice from DESIGN/BUILD FIRM that the Project is ready for final inspection and acceptance, the Contract Administrator shall, within seven (7) calendar days, make an inspection thereof. If the Contract Administrator finds the Project acceptable under the Contract Documents and the Project fully performed, a Final Certificate of Payment shall be issued by the Contract Administrator, over his/her own signature, stating that the Work required by this Agreement has been completed and is accepted under the terms and conditions thereof. 8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall deliver to the Contract Administrator a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, and an affidavit certifying that all suppliers, Consultant, Subcontractors, and Subconsultants have been paid in full, and that all other indebtedness connected with the Project has been paid, and a consent of the surety to final payment. All as- builts, warranties, guarantees, operational manuals, and instructions in operation must be delivered to CITY at this time. Contractor shall submit a completed as-built drawings package (two (2)full-size (24"x36") and two (2) half-size (11"x17"), to-scale, hard reproducible copies and two (2) CD Rom non-compressed formatted in the latest version of AutoCAD), signed and sealed by a land surveyor registered in the State of Florida and as approved by the CITY's Public Works Department, and proof that all permits have been closed; which shall be delivered prior to requesting final payment. A Certificate of Occupancy, and/or Certificate of Completion (CC), will be obtained prior to final payment being made, if required. 8.05 CITY may withhold final payment or any progress payment to such extent as may be necessary on account of: 19 4-30-14 8.05.01 Defective Work not remedied. 8.05.02 Claims filed or written notices of nonpayment indicating probable filing of claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM. 8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to Consultant, Subcontractors or Sub-Consultants, or for material or labor. 8.05.04 Damage to another Subcontractor, Sub-Consultant, supplier, material person (as provided for in F.S. 713), party, or person not remedied which are attributable to DESIGN/BUILD FIRM, its agents, servants, employees, Contractor, Consultant, Sub- Consultants, Subcontractors, sub-Subcontractors, sub-Sub-Consultants, material person n suppliers. a d 8.05.05 Liquidated damages pursuant to Article 6 hereof. 8.05.06 As-built drawings not being in a current and acceptable state. 8.05.07 The DESIGN/BUILD FIRM warrants to the CITY that all materials and equipment furnished under this Agreement will be new unless otherwise specified, and that all Work will be of good quality and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized by Contract Administrator, may be considered defective. If required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the origin, nature and quality of materials and equipment used for the Project. DESIGN/BUILD FIRM shall properly store and protect all construction materials. Materials which become defective through improper storage shall be replaced with new materials at no additional costs. The DESIGN/BUILD FIRM's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. When the above grounds are removed or resolved, or DESIGN/BUILD FIRM provides a surety bond or a consent of surety satisfactory to CITY which will protect CITY in the amount withheld, payment may be made in whole or in part, as applicable. 8.06 If, after the Project has been substantially completed, full completion thereof is delayed through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders affecting final completion, and the Contract Administrator so certifies, CITY shall, upon certification of the Contract Administrator, and without terminating the Contract, make payment of the balance due for that portion of the Project fully completed and accepted. Such payment shall be made as required by law under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 8.07 The making and acceptance of the final payment shall constitute a waiver of all claims by CITY, other than those arising from faulty or defective Work, failure of the Project to comply with requirements of the Contract Documents, or terms of any warranties required by the Contract Documents. It shall also constitute a waiver of all claims by DESIGN/BUILD FIRM, except those previously made in writing and identified by DESIGN/BUILD FIRM as unsettled at the time of the final application for payment. 8.08 If the Contract Administrator, in its reasonable judgment, determines that the portion of 20 4-30-14 the Guaranteed Maximum Price then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents, no additional payments will be due to the DESIGN/BUILD FIRM hereunder unless and until the DESIGN BUILD FIRM, at its sole cost, performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Price then remaining unpaid is determined by the Contract Administrator to be sufficient to so complete the Work. 8.09 DESIGN/BUILD FIRM shall remain liable for Subcontractors' Work and for any unpaid laborers, material suppliers or Subcontractors in the event it is later discovered that said Work is deficient or that any Subcontractors, laborers, or material suppliers did not receive payments due to them on the Project. 8.10 The DESIGN/BUILD FIRM shall use the sums advanced to it solely for the purpose of performance of the Work and the construction, furnishing and equipping of the Work in accordance with the Contract Documents and payment of bills incurred by the DESIGN/BUILD FIRM in performance of the Work. 8.11 Payment will be made to DESIGN/BUILD FIRM at: BERGERON LAND DEVELOPMENT, INC. 19612 S.W. 69th Place Ft. Lauderdale, FI 33332 Attn: JR Bergeron, President ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK Without invalidating the Agreement and without notice to any surety, CITY reserves and shall have the right to make such changes from time to time in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the Project in a satisfactory manner. Any extra or additional work within the scope of this Project may be accomplished by means of appropriate Field Orders, and/or fully executed and approved Change Orders. ARTICLE 10 CITY'S RESPONSIBILITIES 10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available information pertinent to the Project including previous reports, laboratory tests and inspections of samples, materials and equipment; property, boundary, easement, rights-of-way, topographic and utility surveys; property descriptions; and known zoning, deed and other land use restrictions. 10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD FIRM to enter upon public property as required for DESIGN/BUILD FIRM to perform its services. 10.03 CITY shall render decisions under this Agreement in a timely manner. ARTICLE 11 RESOLUTION OF DISPUTES 11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto that Contract Administrator shall first decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the Contract Documents and fulfillment of this 21 I 4-30-14 Agreement 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 Contract Administrator's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 11.02. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and DESIGN/BUILD FIRM shall be submitted to Contract Administrator, in writing, within seven (7) calendar days of the discovery of the occurrence. Unless a different period of time is set forth herein, Contract Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within seven (7) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Contract Administrator requires additional time to gather information or allow the parties to provide additional information. All nontechnical 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, DESIGN/BUILD FIRM and CITY shall act in good faith to mitigate any potential damages, including utilization of construction schedule changes and alternate means of construction. 11.02 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the Contract Administrator's determination must notify the other party in writing within ten (10) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price or Contract Time 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 ninty (90) calendar 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 avoid 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. 11.03 Pending final resolution of a claim, including mediation, unless otherwise agreed in writing by the CITY, DESIGN/BUILD FIRM shall proceed diligently with performance of the Contract and the CITY shall continue to make payments in accordance with the Contract Documents. 11.04 Any mediator used shall be certified in accordance with State of Florida law. Mediation will be conducted in Miami-Dade County. ARTICLE 12 SUBCONTRACT REQUIREMENTS 12.01 [Intentionally omitted] 12.02 [Intentionally omitted] 12.03 [Intentionally omitted] 12.04 [Intentionally omitted] 12.05 All Subcontracts shall require the following: 12.05.01 That the Subcontractor's exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be 22 4-30-14 caused by the CITY or Consultant or attributable to the CITY or Consultant and including claims based on breach of contract or negligence, shall be an extension of its Contract Time. 12.05.02 In the event of a change in the Work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 19% for overhead and profit and bond costs. 12.05.03 Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitute the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the Contract Price, damages, losses, or additional compensation. 12.05.04 Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to DESIGN/BUILD FIRM within the time and in the manner in which the DESIGN/BUILD FIRM must submit such claims to the CITY, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 12.05.05 The DESIGN/BUILD FIRM shall be solely responsible to the CITY for the acts and omissions of its employees and agents and its Contractor, Consultant, Subcontractors, Sub-Consultants, and their agents and employees, and all other persons performing any of the work or services or supplying materials under a contract to the DESIGN/BUILD FIRM. 12.05.06 The DESIGN/BUILD FIRM shall provide the Project Manager with a copy of each subcontract, including the general supplementary conditions. ARTICLE 13 [This Article left intentionally blank] ARTICLE 14 [This Article left intentionally blank] ARTICLE 15 SECURITY [This Article left intentionally blank] ARTICLE 16 INSPECTION OF PROJECT 16.01 The CITY, Contract Administrator, and their authorized representatives, shall have access to the Project at all times and DESIGN/BUILD FIRM shall provide proper facilities for such access. Such access shall be in accordance with the reasonable rules of the DESIGN/BUILD FIRM. 16.01.01 Should the Contract Documents, any Applicable Laws, or any public authority require any Work for the Project to be specially tested or approved, DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness of the Work for inspection. 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. Inspections shall be made promptly, and, where practicable, at the source of supply. Within a reasonable time from execution of this Agreement, CITY shall provide DESIGN/BUILD FIRM with a letter (or e-mail) listing the areas of Work the CITY will inspect. If defined Work for the Project should be covered up without required inspection/approval, it must, 23 4-30-14 if required by the Contract Administrator, be uncovered for examination, and properly restored at DESIGN/BUILD FIRM's expense. 16.01.02 Re-examination and retesting of any Work may be ordered by the Contract Administrator and, if so ordered, such Work must be uncovered by DESIGN/BUILD FIRM. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of re-examination, re-testing and replacement. If such Work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall pay such cost. 16.02 The payment of any compensation, regardless of its character or form, or the giving of any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to any inspector is forbidden, and any such act on the part of DESIGN/BUILD FIRM will constitute a breach of this Agreement. ARTICLE 17 SUPERINTENDENCE AND SUPERVISION 17.01 The orders of the CITY are to be given through the Project Manager, whose instructions are to be strictly and promptly followed in every case, provided that they are in accordance with this Contract and the other Contract Documents. Construction Manager shall keep on the Project during its progress, a full-time, competent, English speaking supervisor, who shall be the Construction Manager Representative and who shall serve as the superintendent, and any necessary assistants, all satisfactory to the Project Manager. 17.02 Construction Manager or Construction Manager Representative shall prepare, on a daily basis, and keep on the Project site, a bound log setting forth at a minimum, for each day: the weather conditions and how any weather conditions affected progress of the Work; time of commencement of Work for the day; the Work performed; materials, labor, personnel, equipment and Subcontractors utilized for the Work; any idle equipment and reasons for idleness; visitors to the Project site; any special or unusual conditions or occurrences encountered; any materials delivered to the Project site; and the time of termination of Work for the day. The daily bound log shall be, available for inspection by the CITY, or its authorized designee, at all times during the Project, without previous notice. 17.03 If DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy between the Contract Documents and the physical conditions of the site, or any errors or omissions in the Contract Documents including, but not limited to, the Plans and Specifications, it shall be DESIGN/BUILD FIRM's sole obligation and duty to immediately inform the Contract Administrator, in writing, and the Contract Administrator will promptly verify same. Any Work done prior to or after such discovery will be done at DESIGN/BUILD FIRM's sole risk. NOTWITHSTANDING THE PRECEDING, OR ANY OTHER TERM OR CONDITION OF THIS AGREEMENT, DESIGN/BUILD FIRM HEREBY ACKNOWLEDGES AND AGREES THAT THIS IS A DESIGN/BUILD PROJECT AND, ACCORDINGLY, ANY ERRORS OR OMISSIONS SHALL BE CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM AND WITHOUT A CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE. 17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform and complete the Project in accordance with the Contract Documents. DESIGN/BUILD FIRM shall be solely responsible for the design, preparation of Construction Documents, means, methods, techniques, safety, sequences and procedures of construction. 24 4-30-14 DESIGN/BUILD FIRM shall give efficient supervision to the Work, using DESIGN/BUILD FIRM's best skill, attention, and judgment. ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT 18.01 If DESIGN/BUILD FIRM fails to begin the design and construction of the Project within the time specified; or fails to perform the Project with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Project, in accordance with the Contract Documents and schedules; or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable; or shall discontinue the prosecution of the Project, except for excused delays in accordance with this Agreement; or if DESIGN/BUILD FIRM 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 shall not carry on the Project in accordance with the Contract Documents, then the CITY shall give notice, in writing, to DESIGN/BUILD FIRM and its surety of such delay, neglect or default, specifying the same. If DESIGN/BUILD FIRM, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then CITY may, upon written notice from the Contract Administrator of the fact of such delay, neglect or default and DESIGN/BUILD FIRM's failure to comply with such notice, terminate the services of DESIGN/BUILD FIRM, exclude DESIGN/BUILD FIRM from the Project site, and take the prosecution of the Project out of the hands of DESIGN/BUILD FIRM, as appropriate, or use any or all materials and equipment on the Project site as may be suitable and acceptable, in the City's reasonable discretion. In such case, DESIGN/BUILD FIRM shall not be entitled to receive any further payment until the Project is finished. 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 its opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILD FIRM. Actions will be instituted to recover on the posted bonds. In case the damages and expense so incurred by CITY shall be less than the sum which would have been payable under this Agreement, if it had been completed by said DESIGN/BUILD FIRM, then DESIGN/BUILD FIRM shall be entitled to receive the difference. If such damages and costs exceed the unpaid balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of said excess. 18.02 If, after Notice of Termination of DESIGN/BUILD FIRM's right to proceed, it is determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause, as set forth in Section 18.03 below. 18.03 Notwithstanding any other provision in this Agreement, the performance of work under this Agreement may be terminated in writing by CITY, for convenience and without cause, upon ten (10) business days from the date of DESIGN/BUILD FIRM'S receipt of the written notice to DESIGN/BUILD FIRM of intent to terminate and the date on which such termination becomes effective. In such case, DESIGN/BUILD FIRM shall be paid for all work and reimbursables executed, and expenses incurred, such as materials stored, cost of severance of leases/contracts directly associated with the Project, and demobilization prior to termination. PAYMENT SHALL INCLUDE REASONABLE PROFIT FOR SERVICES ACTUALLY PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT SHALL EXCLUDE ALL LOST PROFITS, INDIRECT CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. 25 4-30-14 18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above, DESIGN/BUILD FIRM shall, at its sole cost and expense (other than demobilization as a result of the Notice of Termination pursuant to Section 18.03, which shall be paid for by the CITY) and as a condition precedent to any further payment obligation by the CITY, promptly discontinue all affected work, unless the Notice of Termination directs otherwise, and deliver to CITY within seven (7) calendar days of termination, 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. Compensation shall be withheld until all documents are provided to CITY pursuant to this Article. ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 19.01 If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILD FIRM or of anyone employed by DESIGN/BUILD FIRM; or if the Contract Administrator should fail to review and approve or state in writing reasons for non-approval of any requisition for payment within twenty (20) business days after it is presented; or if CITY fails to pay DESIGN/BUILD FIRM within thirty (30) calendar days after submittal of a proper requisition for payment, as approved by the Project Manager or Contract Administrator (as applicable), then DESIGN/BUILD FIRM may give written notice to CITY, through Contract Administrator, of such delay, neglect, or default, specifying the same. If CITY, within a period of ten (10) business days after such written notice, shall not remedy the delay, neglect, or default upon which notice is based, then DESIGN/BUILD FIRM may stop work until payment is made, or terminate this Agreement and recover from CITY payment for all Work executed and reasonable expense sustained, but excluding any claim for payments for lost profits, indirect, special, consequential, or other damages. ARTICLE 20 "OR EQUAL" CLAUSE 20.01 Whenever a material, article or piece of equipment is identified in the Contract Documents, including without limitation, in the Plans and Specifications, by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, it is intended merely to establish a standard and, unless it is followed by words indicating that "no substitution is permitted," any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Contract Administrator: 20.01.01 At least equal in quality, durability, appearance, strength and design; 20.01.02 Performs at least equally the function imposed in the general design for the Project; 20.01.03 Conforms substantially, even with deviations, to the detailed requirements for the items as indicated by the Plans and Specifications; and 20.01.04 Carries the same guaranty or warranty of the specified equipment. 26 4-30-14 All substitution requests will be made via written request which shall be attached to a shop drawing and/or Change Order which shall be attached to a detailed description of the specified item and a detailed description of the proposed substitution. A comparison letter itemizing all deviations from specified items must be included for the Contract Administrator to properly evaluate substitution. Failure to provide the deviation comparison sheet shall automatically deny the request. Any changes, inclusive of design changes, made necessary to accommodate substituted equipment under this paragraph shall be at the expense of DESIGN/BUILD FIRM. 20.02 Contract Administrator's written consent will be required as to acceptability, and no substitute will be ordered, installed or utilized without Contract Administrator's prior written acceptance, which will be evidenced by either a Change Order or an accepted shop drawing. CITY may require DESIGN/BUILD FIRM to furnish, at DESIGN/BUILD FIRM'S expense, a special performance guarantee or other surety with respect to any substitute. ARTICLE 21 PLANS AND SPECIFICATIONS 21.01 CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD FIRM to modify the details of the Plans and Specifications, to supplement same with additional plans, drawings, specifications, or additional information as the Project proceeds which are within the specific required and stated scope of the Project and which do not cause increase in Contract Price or Contract Time, all of which shall be considered as part of the Contract Documents, at no additional cost to the CITY. All plans, general and detail, are to be deemed a part of this Agreement, and the Plans and Specifications and other Contract Documents are to be considered together, and are intended to be mutually complementary, so that any work shown on the Plans, though not specified in the Specifications, and any work specified in the Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD FIRM as part of the Contract Documents. In the event the work requested under this Article expands the scope of the Project, DESIGN/BUILD FIRM may seek a Change Order pursuant to Article 37. ARTICLE 22 DESIGN/BUILD FIRM TO CHECK DRAWINGS AND DATA 22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions, quantities and details shown on the Plans and Specifications including, but not limited to, the drawings, schedules, or other data. Failure to discover or correct errors, conflicts or discrepancies shall not relieve DESIGN/BUILD FIRM of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom, nor from rectifying such condition at DESIGN/BUILD FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to take advantage of any error or omissions. ARTICLE 23 WARRANTY 23.01 DESIGN/BUILD FIRM warrants to CITY that all Materials and equipment furnished for the Project will be new unless otherwise specified and that all Work for the Project will be of good quality, free from faults and defects and in conformance with the Contract Documents. The standard of quality shall be at least that employed by similarly qualified design/build firms that are duly qualified and licensed to perform similar projects. All Work for the Project not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If Materials or equipment are improperly stored and become altered as a result of such improper storage, DESIGN/BUILD FIRM shall replace said Materials and/or equipment with new ones at no additional cost. DESIGN/BUILD FIRM shall be 27 4-30-14 responsible for proper storage and safeguarding of all Materials and equipment. If required by the Contract Administrator, DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the kind and quality of Materials and equipment. The warranty requirements set forth in the Contract Documents as herein defined shall govern warranty terms and conditions for all warranty items expressed or implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be one (1) year from the date of Substantial Completion of the Project. However, this section shall not abridge the times or impede the rights and remedies afforded the CITY against other entities or persons under the Contract Documents, or by law. ARTICLE 24 SUPPLEMENTARY DRAWINGS 24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes necessary to explain more fully the Work to be done, or to illustrate the Project further to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by the Consultant and submitted by DESIGN/BUILD FIRM to the Contract Administrator for review and written acceptance. 24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD FIRM with the same force as the Contract Documents. Where such supplementary drawings require either less or more than the estimated quantities of work, appropriate adjustments shall be made pursuant to Change Order. ARTICLE 25 [This Article left intentionally blank] ARTICLE 26 GENERAL WORKMANSHIP 26.01 Articles, materials, and equipment specified or shown on drawings shall be new and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if required, furnish satisfactory evidence as to kind and quality of the materials. Should materials arrive to the jobsite new and be improperly stored and deteriorate from new condition, the materials shall be replaced at no additional cost to CITY. 26.02 DESIGN/BUILD FIRM shall apply, install, connect, and erect manufactured items or materials according to recommendations of manufacturer when such recommendations are not in conflict with the Contract Documents. If there is conflict between manufacturer recommendations and the Contract Documents, Contract Administrator shall be notified and shall approve, in writing, any corrective actions prior to implementation of same. ARTICLE 27 DEFECTIVE WORK 27.01 Contract Administrator shall have the authority to reject or disapprove Work for the Project which Contract Administrator finds to be defective. Defective work is defined as Work not in accordance with the Contract Documents; not in conformance with Applicable Laws; installed in violation of the manufacturer's written instructions where the installation has caused new materials to be detrimentally affected; where the life expectancy of the material installed is reduced; or otherwise installed in a non-workmanlike manner. If required by Contract Administrator, DESIGN/BUILD FIRM shall promptly either (as directed) correct all defective work or remove it from the Project site, and replace it with non-defective work. DESIGN/BUILD FIRM shall bear all costs of such removal or correction. 28 4-30-14 27.02 If, within one (1) year after Substantial Completion, any Work is found to be defective or not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall correct it promptly without cost to CITY, after receipt of written notice from CITY to do so, unless CITY has given DESIGN/BUILD FIRM a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which DESIGN/BUILD FIRM might have under Applicable Laws. 27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective work performed for the Project, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of this Agreement within a reasonable time, indicated in writing, CITY shall have the authority to cause the unacceptable or defective work to be removed or corrected, or make such repairs as may be necessary, to be made at DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in making these removals, corrections or repairs, which DESIGN/BUILD FIRM has failed or refused to make shall be paid for out of any monies due or which may become due to DESIGN/BUILD FIRM, or may be charged against the bond (or other guaranty if applicable). Continued failure or refusal on the part of DESIGN/BUILD FIRM to make any or all necessary repairs promptly, fully, and in acceptable manner shall be sufficient cause for CITY to declare this Agreement terminated, in which case CITY, at its option, may purchase Materials, tools, and equipment, and employ labor, or may contract with any other individual, firm or corporation, or may proceed with its own forces, to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting DESIGN/BUILD FIRM, and the amount thereof deducted from any monies due, or which may become due, to DESIGN/BUILD FIRM, or shall be charged against the bond (or other guaranty). Any special work performed, as described herein, shall not relieve DESIGN/BUILD FIRM in any way from its responsibility for the work performed by it. 27.04 Failure to reject any defective work or Materials shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. ARTICLE 28 SUBCONTRACTS 28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which Subcontractors will perform the various portions of the Work, promptly notify the Contract Administrator, in writing, of the names of Subcontractors for the Project, and identify the portion of the Work for the Project each will perform. DESIGN/BUILD FIRM shall have a continuing obligation to notify the Contract Administrator of any change in Subcontractors. Notification of the names of Subcontractors shall not relieve DESIGN/BUILD FIRM from the primary responsibility, without limitation, of full and complete satisfactory performance of all contractual obligations. ARTICLE 29 SEPARATE CONTRACTS 29.01 CITY reserves the right to let other contracts in connection with this Project, provided it does not interfere with DESIGN/BUILD FIRM'S Work or schedule. DESIGN/BUILD FIRM shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate its Work with theirs subject to provision of acceptable insurance coverage, including DESIGN/BUILD FIRM as an additional insured. CITY will request that its separate contractors coordinate their activities with the Work of the DESIGN/BUILD FIRM. 29 4-30-14 29.02 If any part of DESIGN/BUILD FIRM'S Work depends for proper execution or results upon the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall inspect and promptly report to the Contract Administrator any defects in such work that render it unsuitable for such proper execution and results. DESIGN/BUILD FIRM'S failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of DESIGN/BUILD FIRM'S Work, except as to defects which may develop in other contractor's work after the execution of DESIGN/BUILD FIRM'S Work. However, DESIGN/BUILD FIRM shall not be responsible or liable to CITY for any work performed by any other separate contractor not under the auspices or control of DESIGN/BUILD FIRM. 29.03 To insure the proper execution of its subsequent Work, DESIGN/BUILD FIRM shall inspect the work already in place and shall at once report to the Contract Administrator any discrepancy between the executed work and the requirements of the Contract Documents. ARTICLE 30 CITY'S OPTION FOR USE OF COMPLETED PORTIONS 30.01 In the event of Substantial Completion of a portion of the Project, which determination and option shall be solely and exclusively within the CITY's authority and discretion whether to allow and accept Substantial Completion of a portion or portions of the Project (versus requiring Substantial Completion of the entire Project at one time), CITY shall have the right to take possession of, for maintenance and/or for use, of any such completed or partially completed portion(s) of the Project. However, prior to any possession, a punch list will be issued for the area to be occupied. Such possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such possession or use delays the Project, DESIGN/BUILD FIRM may be entitled to a reasonable extension of time as determined by Contract Administrator. 30.02 In the event CITY takes possession, the following shall occur: 30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30) calendar days in advance on intent to occupy a designated area. 30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of Substantial Completion. When DESIGN/BUILD FIRM considers that the designated area of the Project is substantially complete, DESIGN/BUILD FIRM shall so notify the Contract Administrator, in writing, and shall prepare for submission to the Contract Administrator a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete work on the designated area in accordance with the Contract Documents. The Contract Administrator shall conduct an inspection to determine that the designated portion of the Project is substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy (CO) pertinent to the designated portion, which CO shall be issued by the appropriate authority having jurisdiction over the Project. The Contract Administrator and DESIGN/BUILD FIRM shall agree on the time within which DESIGN/BUILD FIRM shall complete the items listed. 30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverage and start of warranty for occupied area. DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed or corrected as submitted to Contract Administrator as required in Substantial Completion process. 30 4-30-14 30.02.04 If CITY finds it necessary to occupy or use a portion or portions of the Project prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy or use. Consent of DESIGN/BUILD FIRM and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. ARTICLE 31 CONSTRUCTION AREA 31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for deliveries and personnel. Contract limits of construction area are indicated on the concept drawings as issued by the Contract Administrator. Equipment, materials, and personnel shall be in conformance with this Contract. 31.02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect and maintain all necessary barricades, any other temporary walls structures, and boarding or fencing as required by the MUTCD to protect life and property during the period of construction. ARTICLE 32 LANDS FOR WORK 32.01 CITY shall provide, as indicated in the Contract Documents, the lands upon which the Project is to be performed, rights-of-way and easements for access thereto and such other lands as are designated for the use of DESIGN/BUILD FIRM. No claim for damages or other claim other than for an extension of time shall be made or asserted against CITY by reason of any delay arising as a result of any failure of CITY to provide such lands on the date needed by DESIGN/BUILD FIRM. The provisions of Article 40 shall apply herein. ARTICLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS 33.01 DESIGN/BUILD FIRM shall conform to all Applicable Laws with regard to labor employed, hours of work, and DESIGN/BUILD FIRM'S general operations. DESIGN/BUILD FIRM shall also conduct its operations per approved plans so as not to close any thoroughfare, nor interfere in any way with traffic on streets, highways, sidewalks, or other public right of ways outside the Project site construction limits without the written consent of the proper authorities. ARTICLE 34 DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES 34.01 Existing utilities have been shown in the Contract Documents insofar as information is reasonably available; however, it will be DESIGN/BUILD FIRM'S sole responsibility to verify such information and to preserve all existing utilities, whether shown in the Contract Documents or not. If utility conflicts are encountered by DESIGN/BUILD FIRM during construction, DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, to avoid utility conflicts, and/or provide sufficient notice to the owners of the utilities, and it shall be the sole responsibility of the DESIGN/BUILD FIRM to resolve any conflicts and make all necessary adjustments, at no additional cost to the CITY. 31 4-30-14 34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during excavation and construction operations to prevent damage to any existing facilities, equipment, or utilities. Any damage caused by DESIGN/BUILD FIRM shall be reported immediately to the Contract Administrator, and such work shall be repaired and/or replaced by DESIGN/BUILD-FIRM in a manner approved by CITY. All costs to repair and/or replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of DESIGN/BUILD FIRM, and such repair or replacement shall be performed expeditiously without cost to CITY. 34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished Work at all times and protect adjacent Work during cleaning operations, and make good any damage resulting from neglect of this precaution.' 34.04 Protection of Work shall include protecting of Work that is factory finished, during transportation, storage, during and after installation. Where applicable, and as required, DESIGN/BUILD FIRM shall close off spaces of areas where certain Work has been completed to protect it from any damages caused by others during their operations. 34.05 DESIGN/BUILD FIRM shall store Materials, and shall be responsible for and shall maintain partly or wholly finished Work during the continuance of the Contract and until the final acceptance of the Project. If any materials or part of the work should be lost, damaged, or destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM shall satisfactorily repair and replace the same at DESIGN/BUILD FIRM'S own cost. The DESIGN/BUILD FIRM shall maintain suitable and sufficient guards, if necessary, and barriers, and at night, suitable and sufficient lighting for the prevention of accidents. 34.06 To all applicable sections where preparatory work is part of Work thereon, DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall not proceed with said work until defective surfaces on which work is to be applied are corrected to the satisfaction of the Contract Administrator. Commencement of work shall be considered acceptance of surfaces and conditions. 34.07 It will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities within the Project limits or as otherwise affected by DESIGN/BUILD FIRM. If utility conflicts are encountered by the DESIGN/BUILD FIRM during construction, it is anticipated that DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, so as to avoid utility conflicts, and/or provide sufficient notice to their owners and compensate owners of the utilities from its funds so that they may make the necessary adjustments. Damage to any utilities, which in the sole reasonable opinion of the CITY is caused by negligence on the part of the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S expense. ARTICLE 35 CONTINUING THE WORT( 35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM Project 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. No work shall be delayed or postponed pending resolution of any disputes or disagreements. The provisions of this Article shall be subject to all other applicable provisions of this Agreement. ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS 32 4-30-14 36.01 The Contract Administrator shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents to Construction Manager and ordering minor changes in contract execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.02 The Contract Administrator shall have the right to approve and issue to DESIGN/BUILD FIRM supplemental instructions setting forth the written orders, instructions, or interpretations concerning the Contract Documents or performance therein, provided they make no major changes in Contract execution and involve no change in the Contract Price or the Contract Time. ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS 37.01 Without invalidating the Contract and without notice to any surety, CITY reserves, and shall have the right from time to time, to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions, or Change Orders. 37.02 Changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 37.03 The actual cost of the Payment and Performance Bond as a result of accepted changes in the Work shall be added to or deducted from the cost of the changes in the Work. 37.04 Notification of Change of Contract Time or Contract Price 37.04.01 Any claim for a change in the Contract Time or Contract Price shall be made by written notice delivered by DESIGN/BUILD FIRM to the Contract Administrator within five (5) calendar days of the commencement of the event giving rise to the claim (which may include an occurrence or omission that DESIGN/BUILD FIRM contends delays the Work, or receipt of an order, instruction, Contract Administrator's supplemental information, or other directive changing the Work, or any other occurrence that DESIGN/BUILD FIRM contends causes a change in Contract Time or Contract Price) and stating the general nature of the claim. Notice of the nature and elements of the claim shall be delivered within twenty (20) calendar days after the date of such written notice. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, notice of the extent of the claim with supporting data shall be delivered, unless Contract Administrator and DESIGN/BUILD FIRM allows an additional period of time to ascertain more accurate data in support of the claim, and shall be accompanied by DESIGN/BUILD FIRM's written statement that the adjustment claimed is the entire adjustment to which the DESIGN/BUILD FIRM has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time or Contract Price shall be determined by Project Manager and Contract Administrator in accordance with Article 11 hereof, if Project Manager, Contract Administrator and DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 33 4-30-14 37.04.02 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of and through no fault, negligence, or act or omission of DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract. 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, Hurricanes, acts of God, or acts of terrorism. 37.04.03 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for change in Contract Time pursuant to this Article 37. These time extensions are justified only when rain or other inclement weather conditions or related adverse soil conditions prevent DESIGN/BUILD FIRM from productively performing controlling items of work; identified on the accepted schedule or updates resulting in: (1) DESIGN/BUILD FIRM being unable to work at least fifty percent (50%) of the normal work day on controlling items of work identified on the accepted CPM Project Schedule or updates due to adverse weather conditions; or (2) DESIGN/BUILD FIRM must make major repairs to the Work damaged by weather, provided the damage was not attributable to a failure or neglect by DESIGN/BUILD FIRM, and provided that DESIGN/BUILD FIRM was unable to work at least fifty percent (50%) of the normal work day on controlling items of work identified on the accepted CPM Project Schedule or approved updates. No time extension will be allowed for weekend rains unless the DESIGN/BUILD FIRM has been working weekends on a regular basis on exterior Work. 37.04.04 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for an extension to the Contract Time or Contract Price shall arise as a result of any reasonably foreseeable condition at the Project site, or as a result of anything contained in the Contract Documents. 37.05 Change Orders 37.05.01 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 and issued by CITY to the extent permitted under this Agreement. 37.05.02 The Project Manager, as authorized by the Contract Administrator, may initiate a Change Order request ("Change Order Request"), setting forth in detail the nature of the requested change. Upon receipt of a Change Order Request, the DESIGN/BUILD FIRM shall review the Change Order Request with the Project Manager and Contract Administrator prior to furnishing to the Project Manager a statement setting forth in detail, with a suitable detailed breakdown in Construction Specifications Institute (CSI) format, including a breakdown of labor and materials, the DESIGN/BUILD FIRM's estimate of the changes in the cost of the Work and changes to any other Contract Price elements attributable to the changes set forth in such Change Order Request, and proposed adjustments, if any, to the Contract Time resulting from such Change Order Request. If the Contract Administrator accepts such DESIGN/BUILD FIRM's estimate, a Change Order shall be processed by the CITY and delivered to the DESIGN/BUILD FIRM for execution. Agreement on any Change Order shall constitute a final settlement on all items affected therein, including without limitation any adjustment in the cost of the Work, DESIGN/BUILD FIRM's, Guaranteed Maximum Price, or the Contract Time, 34 4-30-14 subject to performance thereof and payment therefore pursuant to the terms of this Contract and such Change Order. Changes in Contract Time will only be considered by the CITY when Contractor provides sufficient documentation delineating the daily impact to controlling items (Critical Path) identified in the original approved CPM Project Schedule. 37.05.03 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage of the net change to the cost of the Work resulting from the Change Order, not to exceed fifteen percent (15%)which includes bond. Subcontractor's percentage markup on Change Orders for overhead and profit shall be reasonable, but in no event shall the aggregate of the Subcontractor's overhead and profit markups exceed fifteen percent (15%) which includes bond of the Subcontractor's cost of the Work. In the event Subcontractor is affiliated with the Contractor by common ownership or management, or is effectively controlled by the Contractor, no fee will be allowed on the Subcontractor's costs. In the event there is more than one level of Subcontractor, such as second and third tier Subcontractors, the sum of all of the Subcontractors' percentage markups for overhead and profit shall not, in the aggregate, exceed fifteen percent (15%) which includes bond of the cost of the Work. Subcontractor's cost of the Work shall be determined in accordance with Article 12, hereof. 37.05.04 Contractor shall not start work on any alteration requiring an increase in the Contract Price or the Contract Time until a Change Order setting forth the adjustments is approved by the CITY unless there is an immediate need to perform the work to maintain the CPM Project Schedule. If there were such a need, the Contract Administrator will issue direction to perform the work on the basis of a preliminary estimate provided by the Contractor and approved by the Project Manager. Upon receipt of a Change Order Contractor shall promptly proceed with the work set forth within the document. 37.05.05 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 Project Manager and Contract Administrator as set forth in Article 11, hereof. During the pendency of the dispute, and upon receipt of a Change Order, DESIGN/BUILD FIRM shall promptly proceed with the change in the Work involved and advise the Project Manager and Contract Administrator in writing within five (5) calendar days of DESIGN/BUILD FIRM'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. 37.05.06 Upon approval of any Contract change increasing the Contract Price, DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment Bond are increased so that each reflects the total Contract Price as increased. 37.05.07 Change Orders may be issued unilaterally by CITY. 37.05.08 The DESIGN/BUILD FIRM hereby waives any claim not made with a timely request for a Change Order. 35 4-30-14 37.05.09 Notwithstanding anything in this Article 37, or in any other term or condition of this Agreement, DESIGN/BUILD FIRM acknowledges and agrees that after the Guaranteed Maximum Price has been established, no Change Order shall be approved in the case where the DESIGN/BUILD FIRM encounters a DCP discrepancy and has failed to foresee and/or coordinate any conditions in the Work, including conflicts between the Contract Documents, Plans and Specifications, which will cause an increase to the Contract Price or the Contract Time. 37.05.10 No change in the Guaranteed Maximum Price shall be allowed for delays caused by labor disputes and strikes specific to the Project, or for other delay caused by the DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier. 37.05.11 The DESIGN/BUILD FIRM waives all claims for additional time or additional compensation for Work performed without a written Change Order, unless as stated in Subsection. 37.05.12 The DESIGN/BUILD FIRM agrees that, regardless of the pendency of any claim for additional compensation or time, the DESIGN/BUILD FIRM shall continue to execute all Work. The DESIGN/BUILD FIRM shall take all reasonable measures to minimize the effect of the pendency of a claim. 37.05.13 Should a material discrepancy be found between the DCP and the Contract Documents, and provided only that said discrepancy results from the regulatory review of an agency that has regulatory authority over the permitting process, the CITY shall issue a Change Order to the DESIGN/BUILD FIRM. 37.05.14 DESIGN/BUILD FIRM shall not include or request payment on any Change Orders that have not been formally and fully approved and executed by the appropriate parties. ARTICLE 38 DIFFERING SITE CONDITIONS 38.01 Concealed or Unknown Conditions: If the DESIGN/BUILD FIRM encounters conditions at the Project site that are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents; or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the DESIGN/BUILD FIRM shall promptly provide notice to the CITY, through the Contract Administrator, before conditions are disturbed and in no event later than three (3) days after first observance of the conditions. The Contract Administrator will promptly investigate such conditions and, if the Contract Administrator determines that they differ materially and cause an increase or decrease in the DESIGN/BUILD FIRM'S cost of, or time required for performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. ARTICLE 39 (This Article left intentionally blank) ARTICLE 40 NO DAMAGES FOR DELAY 36 4-30-14 40.01 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. DESIGN/BUILD FIRM 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, DESIGN/BUILD FIRM hindrances or delays are not due solely to fraud, bad faith or active interference on the part of CITY or its agents. Unless the delay is due solely to fraud, bad faith, or active interference by the City, DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided above. The specific application of this Article to other provisions of this Agreement shall not be construed as a limitation of any sort upon the further application of this Article. Ten Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is acknowledged as separate and independent consideration for the covenants contained in this Article. ARTICLE 41 SUBSTANTIAL COMPLETION 41.01 When DESIGN/BUILD FIRM considers that the Project, or a designated portion thereof, which is acceptable to CITY (in the event CITY chooses to accept same pursuant to the sole authority and discretion afforded to it under Article 30 hereof), is substantially complete, DESIGN/BUILD FIRM shall so notify the Contract Administrator and Project Manager, in writing, and shall prepare for submission to the Contract Administrator and Project Manager a thorough list of items to be completed or corrected, together with a schedule for completion of all items. The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete all Work in accordance with the Contract Documents. The Contract Administrator, Project Manager, and such other persons as they may deem necessary, shall conduct a joint inspection to determine that the Project (or designated portion thereof) is substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to prepare and deliver to the Contract Administrator a Certificate of Substantial Completion which shall establish the date of Substantial Completion for the Project (or that portion of the Project). After review of the certificate by the Contract Administrator, CITY shall either accept or reject the certificate. Acceptance of Substantial Completion by CITY shall be based upon compliance with the Contract Documents and Applicable Laws. DESIGN/BUILD FIRM shall have thirty (30) days to complete the items listed therein. Warranties required by the Contract Documents and submitted in appropriate form to the Contract Administrator along with the request for Substantial Completion shall commence on the date of Substantial Completion of the Project (or for that portion of the Project). The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written acceptance of the responsibilities assigned to them in such Certificate. ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES 42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of a Shop Drawing 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. 42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator, within thirty (30) calendar days following the application for a building permit, a complete list of preliminary data 37 4-30-14 on items for which Shop Drawings are to be submitted. Approval of this list by the Contract Administrator, which approval shall be in writing, shall in no way relieve DESIGN/BUILD FIRM 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. 42.03 After the approval of the list of items required in Subsection 42.02, DESIGN/BUILD FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. 42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and each and every copy shall show DESIGN/BUILD FIRM'S approval thereon. 42.05 If the Shop Drawings show or indicate departures from the Contract requirements, DESIGN/BUILD FIRM shall make specific mention thereof in its shop drawing submittal and a separate letter. Failure to point out such departures shall not relieve DESIGN/BUILD FIRM from its responsibility to comply with the Contract Documents. Contract Administrator shall determine acceptability of change and, in considering said change, may require data, technical comparisons, cost comparisons, quality comparisons and/or calculations to determine the equality of deviations. Contract Administrator is not obligated to accept deviations. 42.06 No work called for by Shop Drawings shall be done until the said Drawings have been furnished to and accepted, in writing, by the Contract Administrator. Contract Administrator shall respond to Shop Drawings pre-approved by Consultant with objections or acceptance within ten (10) business days of receipt. Acceptance is for design intent only and shall not relieve DESIGN/BUILD FIRM and Consultant from responsibility for fit, form, function, quantity or for errors or omissions of any sort on the Shop Drawings. 42.07 No acceptance will be given to partial submittal of Shop Drawings for items which interconnect and/or are interdependent. It is DESIGN/BUILD FIRM'S responsibility to assemble the Shop Drawings for all such interconnecting and/or independent items, check them, and then make one (1) submittal to the Contract Administrator, along with DESIGN/BUILD FIRM'S comments as to compliance, noncompliance, or features requiring special attention. 42.08 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. Catalog sheet with multiple options shall be highlighted to depict specific pertinent data including options. 42.09 DESIGN/BUILD FIRM shall submit to Contract Administrator eight (8) copies. Re- submissions of Shop Drawings shall be made in the same quantity until final acceptance is obtained. 42.10 Contract Administrator's acceptance of the Shop Drawings, as approved by DESIGN/BUILD FIRM, will be for general compliance with the Plans and Specifications, and shall not relieve DESIGN/BUILD FIRM of responsibility for the accuracy of such Drawings, nor for the proper fittings and construction of the Work, nor for the furnishing of the Materials or Work required by the Contract and not indicated on the Drawings. 42.11 DESIGN/BUILD FIRM shall keep one (1) set of Shop Drawings, marked with the Contract Administrator's acceptance, at the Project site at all times. 38 4-30-14 42.12 The DESIGN/BUILD FIRM shall submit a Schedule of Values to the Contract Administrator as specified in the Technical Specifications. DESIGN/BUILD FIRM shall submit to the Contract Administrator a separate Schedule of Values for demolition, abatement, and site work ten (10) calendar days prior to commencing such portion of the Work. The schedule will be typed on 8-1/2" x 11" white paper listing: title of Project, location, Project number, Consultant, Contractor, Contract designation, and date of submission. The schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during the construction. The table of contents of the specifications shall establish the format for listing the component items. Each line item will be identified by the number and title of the respective major section of the specifications. For each line item, DESIGN/BUILD FIRM shall list the sub-values of major products or operations under the item. Each item shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any items for which progress payments will be requested for stored materials, the value will be broken down with: 42.12.01 The cost of materials delivered, unloaded, properly stored and safeguarded, with taxes paid; and 42.12.02 The total installed value. ARTICLE 43 FIELD ENGINEERING 43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services required for the Project. This work shall include the following elements: 43.01.01 Survey work required in execution of the Project. 43.01.02 Civil, structural or other professional engineering, architectural, landscape architectural, or land surveying services specified, or required to execute the DESIGN/BUILD FIRM'S construction methods. 43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified engineer or registered land surveyor, acceptable to the CITY, and he or she shall be retained by the DESIGN/BUILD FIRM at the outset of this Project. 43.03 The survey will locate and protect control points prior to starting site work, and will preserve all permanent reference points during construction. 43.03.01 No changes or relocations will be made without prior written notice to the Contract Administrator. 43.03.02 A written report shall be made to the Contract Administrator when any reference point is .lost or destroyed, or requires relocation because of necessary changes in grades or locations. 43.03.03 The surveyor shall be required to replace Project control points which may be lost or destroyed. The surveyor shall be duly registered as a surveyor or mapper, as required by state law. 43.03.04 Replacements shall be established based upon original survey control. ARTICLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS 39 4-30-14 44.01 The entire responsibility for establishing and maintaining a line and grade in the field lies with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate and precise horizontal and vertical record of the existing pavement conditions; final pavement conditions; and all pipe lines, conduits, structures, underground utility access portals, handholes, fittings, etc. encountered or installed during construction. DESIGN/BUILD FIRM shall deliver these records in good order to the Contract Administrator as the work is completed. These records shall serve as a basis for"as-built" drawings. The cost of all such field layout and recording work is included in the Contract Price. 44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site, one (1) record copy of the Plans and Specifications, addenda, written amendments, Change 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, will be available to Contract Administrator for reference. Upon completion of the Project, these record documents, samples and Shop Drawings shall be delivered to Contract Administrator. 44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the CITY a set of reproducible drawings (Mylars) and a complete set of all drawings in the latest version of AutoCAD on Compact Disk, not compressed, which accurately reflect the "as-built" conditions of the new facilities. All changes made to the Construction Documents, either as clarifications or as changes, will be reflected in the plans. The changes shall be submitted on Mylar at least monthly to the Contract Administrator. These "as-built" drawings on Mylar and the latest version of the AutoCAD format media must be delivered and found to be acceptable prior to final payments. ARTICLE 45 SAFETY AND PROTECTION 45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. DESIGN/BUILD FIRM shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 45.01.01 All employees on the Project and other persons who may be affected Y J P y thereby; 45.01.02 All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 45.01.03 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 45.02 DESIGN/BUILD FIRM shall comply with all Applicable Laws, 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. DESIGN/BUILD FIRM 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 45.01.02 and 45.01.03 above, caused directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any Subcontractor or Consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts 40 I 4-30-14 any of them may be liable, shall be remedied by DESIGN/BUILD FIRM; however, DESIGN/BUILD FIRM shall not be liable for injury or damage caused by the gross negligence or willful misconduct of the CITY, its employees, consultants or its separate contractors. DESIGN/BUILD FIRM'S duties and responsibilities for the safety and protection of the Project shall continue until such time as all the Project is completed and the Contract Administrator has issued a notice to DESIGN/BUILD FIRM that the Project is acceptable except, as otherwise provided in Article 30. 45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization at the Project site whose duty shall be the prevention of accidents. This person shall be DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing by DESIGN/BUILD FIRM to CITY. ARTICLE 46 (This Article left intentionally blank) ARTICLE 47 ( This Article left intentionally blank) ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT 48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from accumulation of waste materials or rubbish caused by DESIGN/BUILD FIRM'S operations. At the completion of the Project, DESIGN/BUILD FIRM 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 DESIGN/BUILD FIRM fails to clean up at the completion of the Project, CITY may do so, and the cost thereof shall be charged to DESIGN/BUILD FIRM. 48.02 CITY'S Right to Clean-Up: If a dispute arises between DESIGN/BUILD FIRM and separate contractors as to responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefore, as the Contract Administrator shall determine to be just. This provision is solely for cleaning. 48.03 Removal of Equipment: In case of termination of this Agreement before completion for any cause whatever, DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove any part or all of DESIGN/BUILD FIRM'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 DESIGN/BUILD FIRM. ARTICLE 49 (This Article left intentionally blank) ARTICLE 50 BONDS AND INSURANCE DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before seven (7) days after execution of this Agreement, the following: 50.01 Performance Bond and Payment Bond (Surety): 50.01.01 A performance bond and payment bond of the form and containing all the provisions attached hereto and made a part hereof. Payment and Performance bonds may be in the form of dual obligee bonds from the Contractor in the amount of the contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment 41 4-30-14 and performance bonds in the remaining amount of the Contract Price naming the CITY as the obligee on those bonds. 50.01.02 The Bonds shall be in the amount of one hundred percent (100%) of the Contract amount guaranteeing to CITY the completion and performance of the Project covered in this Agreement as well as full payment of all suppliers, material persons, laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with a surety company which is qualified pursuant to Section 50.03. 50.01.03 Such Bonds shall continue in effect for one year after completion and acceptance of the Project with liability equal to one hundred percent (100%) of the Contract Price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after completion and acceptance of the Project. -OR- 50.02 Performance and Payment Guaranty: 50.02.01 In lieu of a performance bond and payment bond, DESIGN/BUILD FIRM may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashiers check or irrevocable letter of credit. Such alternate forms of security shall be for the 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 Project. 50.03 Qualifications of Surety: 50.03.01 A separate performance bond and payment 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. 50.03.02 In addition to the above-minimum qualifications, the surety company must meet at least one of the following additional qualifications: 50.03.02.01 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 CFR 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. 50.03.02.02 The surety company shall have at least the following minimum ratings in the latest revision of Best's Insurance Report: Amount of Bond Ratings Category 42 4-30-14 500,001 to 1,020,000 B+ Class I 1,020,001 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 50.04 INDEMNIFICATION OF CITY 50.04.01 In consideration of twenty-five dollars ($25.00), separately acknowledged by DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall indemnify and save harmless CITY, its officers, agents and employees, from or on account of any injuries or damages received or sustained by any person or persons during or on account of any construction activities of DESIGN/BUILD FIRM its Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or employees connected with the Project; or by or in consequence of any negligence of DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or employees (excluding gross negligence or willful misconduct of CITY), in connection with the construction activities of the DESIGN/BUILD FIRM its Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or employees connected with the Project; or by use of any improper materials; or by or on account of any act, error or omission of DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractor, Subconsultants, agents, servants or employees, except to the extent caused by CITY. DESIGN/BUILD FIRM agrees to indemnify and save harmless CITY against any claims or liability arising from or based upon the violation of any federal, state, County or city laws, bylaws, ordinances or regulations by DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, Subconsultants, agents, servants or employees (excluding gross negligence or willful misconduct of CITY). DESIGN/BUILD FIRM further agrees to indemnify and save harmless CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. This consideration is separate and distinct from any other consideration received by DESIGN/BUILD FIRM. 50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and defend CITY, its agents, servants and employees, from and against any claim, demand or cause of action of whatever kind or nature arising out of any negligent conduct or misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for which CITY, its Consultant, Contractor, Subcontractors, Subconsultants, agents, servants or employees, are alleged to be liable. 50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM 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 that may be brought against CITY which may result from the operations and activities under this Agreement whether the construction operations be performed by DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, its Subconsultants, or by anyone directly or indirectly employed by any of the above. 43 4-30-14 50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate DESIGN/BUILD FIRM to comply with the foregoing indemnification provision. The obligations under this Section 50.04 shall survive termination and/or other expiration of this Agreement. 50.05 INSURANCE: DESIGN/BUILD FIRM shall furnish to the CITY'S Department of Procurement Management, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional (Design Errors & Omissions) Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. The policy must be endorsed to provide coverage for up to three (3) years after project completion. The policy is to be on a primary basis if other professional liability is carried. E. Installation Floater Insurance including coverage for material & equipment to be installed during the course of this project. City of Miami Beach shall be included as a Named Insured on this policy, as its insurable interest may appear. This policy shall remain in force until acceptance of the project by the City. All deductibles for insurance required in this Agreement are the responsibility of the DESIGN/BUILD FIRM. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or 44 4-30-14 The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the DESIGN/BUILD FIRM of its liability and obligation under this section or under any other section of this Agreement. ARTICLE 51 MISCELLANEOUS 51.01 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or pretended invention, 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 this Project or appurtenances, are hereby included in the prices stipulated in this Agreement for said Project. 51.02 DATUM: All elevations are to refer to the North American Vertical Datum of 1988 (NAVD). 51.03 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by CITY'S forces or by other contractors is contiguous to work covered by this Agreement, 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. 51.04 ASSIGNMENT: This Agreement shall not be assigned or subcontracted a whole without the written consent of the CITY, nor shall DESIGN/BUILD FIRM assign any monies due or to become due to it hereunder, without the prior written consent of the CITY. 51.05 NO INTEREST: Any monies not paid by CITY when claimed to be due to DESIGN/BUILD FIRM under this Agreement shall not be subject to 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, as such relates to the payment of interest, shall apply to valid and proper invoices. 51.06 OWNERSHIP OF DOCUMENTS: Drawing, specifications, design, models, photographs, computer AutoCAD disks, reports, surveys, and other data provided in connection with this Agreement and for which CITY has rendered payment, are and shall become and remain the property of CITY whether the Project for which they are made is executed or not. If this Agreement is terminated for any reason prior to completion of the Work, CITY may, in its discretion, use any design and documents prepared hereunder for the purpose of completing the Project, provided that CITY has paid for same; and provided further that if such termination occurs prior to completion of documents and/or through no fault of DESIGN/BUILD FIRM; DESIGN/BUILD FIRM shall have no liability for such use; and provided further that any reuse without the written verification or adaptation of DESIGN/BUILD FIRM for the specific purpose 45 4-30-14 intended will be without liability or legal exposure to DESIGN/BUILD FIRM. At the completion of the Project, as part of the Project closeout, copies of all drawings on AutoCAD disks shall be transmitted from DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar days of termination of this Agreement in addition to the record drawing. The provisions of this clause shall survive termination or expiration of this Agreement and shall thereafter remain in full force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until all documents are received as provided herein. Notwithstanding the foregoing, the CITY retains ownership of any and all documents provided to the DESIGN/BUILD FIRM and has full use thereof without any further payment. 51.07 RECORDS: DESIGN/BUILD FIRM shall keep such records and accounts and require its Contractor, Consultant, and Subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records 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 the Project pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 51.08 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act in the course of providing any services funded in whole or in part by CITY, including Titles I and 11 of the (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. DESIGN/BUILD FIRM'S decisions regarding the delivery of work and 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 or appropriately used as a basis for service delivery. DESIGN/BUILD FIRM shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, DESIGN/BUILD FIRM shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in violation of the CITY'S Human Rights Ordinance, as same may be amended form time to time, in performing the Scope of Services or any part of the Scope of Services of this Agreement. 46 I 4-30-14 51.09 NO CONTINGENT FEE: DESIGN/BUILD FIRM warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for DESIGN/BUILD FIRM 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 DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS: The Contract Documents incorporate and include 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 the Contract Documents. Accordingly it is agreed 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. 51.11 NOTICES: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with 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: City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach, Florida 33139 c/o City Engineer WITH COPY TO: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 c/o City Manager and City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 c/o City Attorney FOR DESIGN/BUILD FIRM: BERGERON LAND DEVELOPMENT, INC. 19612 SW 69th Place Ft. Lauderdale, FL 33332 47 4-30-14 c/o JR Bergeron, President 51.12 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by DESIGN/BUILD FIRM shall act as the execution of a Truth-in-Negotiation Certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Contract Price and any additions thereto shall be adjusted to exclude any significant sums by which CITY determines the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Contract adjustments shall be made within one (1) year following completion and acceptance of the Project. 51.13 INTERPRETATION: The parties hereto acknowledge and agree that the language used in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to 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 other gender, and the singular 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 the particular sentence, paragraph or section where they appear, unless the context requires otherwise. 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 and subparagraphs of such Section or Article, unless the reference is expressly made to a particular subsection or subparagraph of such Section or Article. 51.14 RECYCLED CONTENT: In support of the Florida Waste Management Law, DESIGN/BUILD FIRM is encouraged to supply any information available regarding recycled material content in the products provided. CITY is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. CITY also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. 51.15 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a Public Entity Crime, may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor supplier, Subcontractor or consultant under a contract with the CITY and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, as amended, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of the CITY purchase and may result in debarment. 51.16 APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, DESIGN/BUILD FIRM 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 THE PROJECT. 48 4-30-14 DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS AND ANY AND ALL SUBCONTRACTORS TO THE PROVISIONS OF THE CONTRACT. 51.17 PUBLIC INFORMATION: The DESIGN/BUILD FIRM shall work with the City's Public Information Officer, as required by the CITY. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 49 4-30-14 IN WITNESS WHEREOF, the parties have set heir hands and seals the day and year first above ritten. ATTEST: �:' , T E CIT O BEACH, FLORIDA I ACORP ORATED: Ci y Clerk or f , 20 DESIGN/BUILD FIRM MUST EXECUTE T ON RACT AS INDI gTED BELOW. [If incorporated sign below] D S N/BUILD I M/ BE GERON LA EVE PMEN , INC. ATTEST: i y: (Secretary) reside t) (Corporate Seal) Prin ame nd Title) day of , 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORK!&LANGUAGE &FOR EXECUTION 'qC=L_ O�V-'-(- 5- t . 50 City A*00W Date DESIGN CRITERIA PART1 - GENERAL 1.01 THE REQUIREMENT A. WORK to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all WORK, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all WORK, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the DESIGN / BUILD FIRM as though originally so indicated, at no increase in cost to the CITY. B. Wherever the term Project is used in these documents, it shall be construed to mean all WORK associated with the CONSTRUCTION OF STORMWATER PUMP STATION AT 6" STREET BETWEEN ALTON ROAD AND WEST AVE; 10" STREET BETWEEN WEST AVE. AND THE BAY, 14TH STREET BETWEEN BAY ROAD AND THE BAY C. Wherever the term CONSULTANT is used in these documents, it shall be construed to mean the registered professional engineer, architect, and/or landscape architect who has contracted with or who is employed by the DESIGN / BUILD FIRM to provide professional services for the design and permitting of the Project. The CONSULTANT shall be the Engineer of Record and shall be licensed by the State of Florida to provide said services. D. Wherever the term CONTRACTOR is used in these documents, it shall be construed to mean the DESIGN/BUILD FIRM. E. Wherever the term CITY is used in these documents, it shall be construed to mean the entity responsible for the development of the Design Criteria Package Conceptual Specifications and Plans, for the Project, on behalf of the CITY. THE CITY shall be responsible for reviewing the contract documents and providing construction administration services, during the design and construction. The DESIGN / BUILD FIRM shall interact directly with the CITY. F. Whenever a reference to number of days is noted, it shall be construed to mean calendar days. CITY OF MIAMI BEACH DCP-1 Pump Stations 6th, 10" and 14 th Street 1.02 PROFESSIONAL SERVICES A. Work to be performed in this Section includes providing professional engineering services to design and permit a project meeting the requirements of the Design Criteria Package (DCP). The DCP is a multi-volume document including the following items: Volume 1: - Design Criteria and Master Specifications Divisions 1 through 16 Volume 2: — Attachments Attachment 1 Drainage Report This document and the Technical Specifications include Project requirements to be adhered to by the DESIGN / BUILD FIRM. These documents may require that the successor professional engineer revise the conceptual plans to incorporate the project requirements. If the successor professional engineer seeks to reuse already completed contract documents under the successor professional engineer's seal must be able to document and produce upon request evidence that he/she has in fact recreated all the work done by the original professional engineer. In other words, calculations, site visits, research and the like must be documented and producible upon demand. Further, the successor professional engineer must take all professional and legal responsibilities for the documents, which he/she signs and seals, and can in no way exempt him/herself from such full responsibility. The successor professional engineer need not redraw plans; however,justification for such action must be available through well-kept and complete documentation on the part of the successor professional engineer as to his having rethought and reworked the entire design process. A successor Professional Engineer must use his own title block, seal and signature and must remove the title block, seal and signature of the original professional engineer before reusing any sealed contract documents. Prior to sealing and signing work a successor professional engineer shall be required to notify the original professional engineer, his successors, or assigns by certified letter to the last known address of the successor's intention to use or reuse the original professional engineer's work. The successor professional engineer will take full responsibility for the contract documents, including but not limited to drawings, technical specifications, cost estimates, as though they were the successor professional engineer's original product. Drainage information will be provided by the CITY for the proposed drainage improvements. The Drainage Analysis is included in Attachment 1 of Volume 2. 1.03 SCOPE OF PROFESSIONAL SERVICES CITY OF MIAMI BEACH DCP-2 Pump Stations 6th, 10th and 14th Street A. The work to be performed requires professional engineering services to be provided. The successor professional engineer must be able to document and produce upon request evidence that he/she has in fact recreated all the work done by the original professional engineer. Successor professional engineer shall adhere to professional guidelines established in Florida Administrative Rule 61 G15-27.001. B. The DESIGN / BUILD FIRM shall prepare a signed and sealed contract document set that incorporates the intent of the conceptual specifications (Divisions 1 through 16), and conceptual plans. In this capacity, the DESIGN / BUILD FIRM shall make all requisite changes and revisions required by the CITY and/or jurisdictional agencies at no additional cost. C. Information regarding existing conditions for the project has been developed and is included as volume 2 in this design criteria package. 1. A preliminary drainage report has been prepared by the City for the proposed drainage improvements. The Drainage Analysis is included in Attachment 1 of Volume 2. 2. Topographic Survey: A topographic survey is provided as existing information with this Design Criteria Package. The survey is provided for information only. The DESIGN / BUILD FIRM shall verify/update the information presented to the extent necessary to ensure that the project can be designed to meet all required criteria. The Design Criteria Package Conceptual Plans were developed based on a topographic survey prepared by HADDONE CORP Surveyors and Mappers for the CITY. The DESIGN / BUILD FIRM shall review and amend the existing topographic survey, as needed, to meet the requirements of the scope of work and the Public Work Manual, Part I. Section 1, standard Design and Plan Criteria, topographic surveys.. Any additional survey data that is deemed necessary shall be provided by the DESIGN /BUILD team at no additional cost to the City. D. The DESIGN / BUILD FIRM shall prepare signed and sealed contract documents for the CITY's review to verify that the Project requirements are complied with. The DESIGN / BUILD FIRM shall also utilize the City of Miami Beach Public Works Manual (PWM), current version with all updates to supplement any details required to complete the Project. E. Contract Document Preparation (Drawings / Specifications): The DESIGN / BUILD FIRM shall review the Design Criteria Package Conceptual Specifications (Divisions 1 through 16) Volume 1. The DESIGN/BUILD FIRM shall make the necessary changes, revisions, modifications, etc. to prepare its contract document set that incorporates the concepts contained in the conceptual specifications, conceptual plans and the requirements of Division 1. The DESIGN / BUILD FIRM's contract document set shall be submitted to the CITY to verify that the Project intent is complied with at the 60%, and 100% design milestones. The DESIGN / BUILD FIRM shall also utilize the City of Miami Beach Public Works Manual, August 2002 and any updates to supplement any details required to complete the Project. The Design Standards Manual is provided CITY OF MIAMI BEACH DCP-3 Pump Stations 6 th, 1 0th and 14 th Street to the DESIGN / BUILD FIRM as a basis to develop contract documents that meet the intent of the scope of work. The following is a list of items that the DESIGN / BUILD FIRM shall incorporate into its Contract Documents: 1. Encroachments: The DESIGN / BUILD FIRM shall familiarize itself with the Design Criteria Package Conceptual Specifications and Plans, the City of Miami Beach Public Works Manual, and the Basis of Design Report) in order to properly address the removal of existing encroachments relative to proposed improvements in the right-of-way. It shall be the responsibility of the DESIGN / BUILD FIRM to review, revise and finalize the encroachment analysis to meet the requirements of the scope of work and budget and all requirements of the PWM that are applicable within the project limits. 2. Relocation of Existing Underground Utilities: It is the DESIGN / BUILD FIRM's responsibility to identify any and all existing utilities that are in conflict with the proposed improvements as depicted in the DESIGN / BUILD FIRM's contract documents. These include but are not necessarily limited to: FPL, BellSouth, Charter Communications, Level 3 Communications, Adelphia Communications, AT&T, Teco-Peoples Gas, NUl-City Gas Company, Florida Gas Transmission, MCI WorldCom, M-D WASD, M-D PWD and City of Miami Beach, etc. It is the responsibility of the DESIGN / BUILD FIRM to verify that the final contract documents are free of utility conflicts. The CITY shall be responsible for the coordination and cost to relocate existing utilities that are found to be in conflict with proposed improvements. 3. Existing Utility Verification: The DESIGN / BUILD FIRM shall utilize whatever means it deems necessary to ensure that the proposed improvements illustrated in its final design drawings are not in conflict with existing underground utilities. A limited underground utility investigation is provided as existing information with this Design Criteria Package. The utility investigation is provided for information only and should be supplemented and verified by the DESIGN / BUILD FIRM as deemed necessary for the successful execution of the design. Any additional underground utility data that is deemed necessary shall be provided by the DESIGN/BUILD team at no additional cost to the City. During design, the DESIGN / BUILD FIRM shall submit its contract documents to each utility owner and request that they identify/ verify the horizontal and vertical location of their utilities. The DESIGN / BUILD FIRM shall forward correspondence and its contract documents to each utility owner with a copy to the CITY. The DESIGN / BUILD FIRM is strongly recommended to field verify each utility and / or manhole excavation, utility crossing, utility tie-in and excavation greater than 12-inches in depth to field verify the location and depth of identified utilities. Methods to be considered by the DESIGN / BUILD FIRM shall include but not be necessarily limited to subsurface utility exploration in accordance with ASCE Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (Quality Level A), vacuum extraction, water extraction, ground CITY OF MIAMI BEACH DCP-4 Pump Stations 6 th, 1 0th and 14 th Street penetrating radar, magnetic survey, potholing, or other method deemed appropriate by the DESIGN / BUILD FIRM. The DESIGN / BUILD FIRM shall also verify its design of the proposed improvements with respect to conflicts with identified existing utilities. This effort shall include, as a minimum, the identification and resolution of conflicts between proposed improvements and existing below ground utilities, structures, footings, foundations, landscaping, etc. and existing above- ground improvements. The CITY reserves the right to request that the DESIGN / BUILD FIRM provide documentation of utility verification requests and subsequent responses from utilities during analyses of unforeseen condition claims. 4. Construction Sequencing Plan: The DESIGN / BUILD FIRM shall incorporate the construction sequencing restrictions presented in this document into its contract documents. The CITY will consider minor, non-substantial deviations from the construction sequencing restrictions on a case-by-case basis. F. Contract Document Permitting: The CITY or delegate shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project as represented in its contract documents. An allowance for CITY or Delegate is included in the Schedule of Values to secure permits. If the allowance provided for in the Schedule of Values is exceeded, The CITY will be responsible to reimburse the DESIGN/BUILD FIRM for the CITY or Delegate. The CITY or delegate shall consider the impact of permit fees in its construction opinions of probable cost. CITY or delegate shall be responsible for meetings, submissions, resubmissions and negotiations with such authorities. CITY will attend meetings with governmental authorities as deemed necessary by CITY. CITY or delegate shall respond to comments by such authorities within ten working days of receipt of comments. It is recognized by the CITY that the time period for obtaining permits is beyond the control of the CITY or delegate except for issues concerning the permit ability of the design and the City or delegate's ability to respond to permitting agency requests for information. The CITY or delegate shall be responsible for monitoring and tracking progress on the preparation and review of permits and subsequent requests for information. The CITY or delegate shall correspond with noted jurisdictional authorities to establish permitting requirements, revise its documents and respond to permitting inquiries as required. The City or delegate shall copy the DESIGN/BUILD FIRM on all correspondences and also attend meetings with DESIGN/BUILD FIRM staff to review and discuss permitting status. The CITY will provide the SFWMD permit, DERM permit, the Army Corp permit, FDEP permit, and all other environmental permits. The DESIGN / BUILD FIRM will be responsible for the de-watering permit. If the permits modify the DCP or Contract Documents in any way, the CITY will be responsible for all associated costs to the DESIGN/BUILD FIRM. The following governmental authorities may have or may have jurisdiction over the Project have been identified: 1. City of Miami Beach Building Department 2. City of Miami Beach Design Review Board CITY OF MIAMI BEACH DCP-5 Pump Stations 6 th, 1 0th and 14 th Street 3. City of Miami Beach Historical Preservation Board 4. City of Miami Beach Planning Department 5. City of Miami Beach Public Works Department 6. Miami-Dade County Department of Regulatory and Economic Resources (RER) (formerly DERM) 7. Miami-Dade County Water and Sewer Department 8. Miami-Dade County Public Works Department 9. Miami-Dade Department of Health and Rehabilitative Services 10. South Florida Water Management District 11. Florida Department of Environmental Protection 12. U.S. Army Corps of Engineers 13. U.S. Environmental Protection Agency Failure to identify governmental authorities that have jurisdiction over Project at the time of permitting does not relieve CITY or delegate from responsibility to pursue the permit as described above. Note that this effort includes the procurement of permit extensions, whether existing or new. G. Construction Inspections: The DESIGN / BUILD FIRM shall provide for all on-site inspections to insure compliance with the final design documents and for compliance to quality standards. The DESIGN / BUILD FIRM shall make certification to the City at the end of the project that the project was constructed in accordance with all approved plans and applicable codes. The DESIGN / BUILD FIRM shall provide all certifications, inspection reports and project information necessary to close out all permits for the project. It should be noted that phasing of the project will require multiple phased certifications to put some partial systems in to service during construction. H. Submittal of Contract Documents to the CITY for Review: The DESIGN / BUILD FIRM shall submit three (3) hard copies and a CD of the design documents in digital format (pdf and native format CAD, word, etc.) to the CITY for review and comments, the contract documents at the 60%, and 100% completion stages. The submittal of the progress review contract documents shall be in compliance with the requirements of the PWM for each completion stage. All review comments generated by the CITY shall be addressed and included in the subsequent submittal. I. CAD files shall accompany all the as-built and record drawings for review by the City. J. This is an Emergency Contract this section does not apply. The DESIGN / BUILD FIRM shall attend weekly design and construction meeting to review the project CITY OF MIAMI BEACH DCP-6 Pump Stations 6 th, 1 0th and 14th Street progress. The DESIGN / BUILD FIRM is responsible for preparation and updating the project schedule for these meetings and provide, one (1) days prior to the meeting, a list of items and issues to discuss and address during these meetings. 1.04 WORK COVERED BY CONTRACT DOCUMENTS A. The WORK of this Contract comprises the construction of the infrastructure site work for CONSTRUCTION OF STORMWATER PUMP STATION AT 6TH STREET BETWEEN ALTON ROAD AND WEST AVE; 10TH STREET BETWEEN WEST AVE. AND THE BAY, 14TH STREET BETWEEN BAY ROAD AND THE BAY. The WORK will include but not be limited to site preparation, earthwork, roadway reconstruction, storm drainage infrastructure installation and pump station construction. B. Stormwater System: The DESIGN / BUILD FIRM shall familiarize itself with the Design Criteria Package Conceptual Specifications and Plans in order to design and construct stormwater pump stations within the established design guidelines and budget. The DESIGN / BUILD FIRM shall incorporate the following items into its contract documents: The scope of work for this project includes the design, construction and construction management of functionally complete stormwater pump stations at 6th Street, 10th Street and 14th Street. a) Each pump station will include a hydrodynamic vortex separator, a trash rack structure, a wet well or wet wells as necessary, a valve box, a dissipater structure and ancillary structures. b) Each pump station will be connected to the City's existing storm sewer system and to the City's permitted outfall to Biscayne Bay. Existing utilities, storm sewer and sanitary sewer will be relocated/reconstructed as necessary to accommodate the construction of the pump stations. c) Each pump station will include all appurtenances including but not limited to piping, valves, trash rack grates, pump controls, electric panels, electrical service, access doors, etc. d) Restoration/reconstruction of all infrastructures removed and/or damaged during construction of the pump stations. e) Upstream of the pump station will be an advanced vortex separator (Hydro International or equal) designed to provide treatment for the drainage area not to exceed 15 acres in extent. The inlet to the pump station will include a trash rack to screen foreign objects from the flow prior to entering the pump station wet well. CITY OF MIAMI BEACH DCP-7 Pump Stations 6th, 1 0th and 14 th Street f) The pump station is to have twin pumps intended to be operated individually on an alternating basis or simultaneously during peak flow periods. Pumps are to be specified and supplied by the CITY. Pumps are to be Flygt pumps or equal. Storm water pumps must be able to withstand the harsh marine environments and high chloride content of the storm water. The pump station wet well shall be sized for the flow characteristics and shall have adequate capacity to maintain proper pump operation under service conditions to be defined by the City. The City shall define the service conditions in writing prior to commencement of design by the Design/Build Firm. The service conditions defined by the City in writing shall be the basis of design of the pump stations. g) The control panel must be set above the 100 year flood elevation plus 1 foot. The control panel shall be hidden and beautified with appropriate landscape screening. h) The pump station shall be provided with a control system for operation of the system. The control system shall be designed to allow for the future installation and integration of a SCADA system to be installed by others. The control system for the pumps shall be designed and provided by the pump manufacturer and shall include complete electircal plans signed and sealed by a Professional Engineer registered in the State of Florida. The pump manufacuturer shall incorporate provisions for future installation and integration of a SCADA system into the control panels. The City's design criteria for incorporating provisions for future installation and integration of a SCADA system into the control panels shall be provided to the pump manufacturer by the City of Miami Beach Public Works Department. The pump station discharge will require a dissipater structure or other measures to reduce the discharge velocity at the entrance to the City's permitted outfall to Biscayne Bay to not exceed the City's maximum permitted outfall velocity The maximum pump station rate shall not exceed the discharge rate based on the City's permitted outfall velocity to Biscayne Bay. A dissipater structure, if used, will incorporate an armored discharge point. i) The pump station will incorporate a bypass to allow gravity discharge from the drainage system upstream should the pump station lose power. The gravity bypass shall be controlled by an electrically operated slide gate that is SCADA compliant for future installation and integration of the slide gate operation into a SCADA system to be installed by others. j) The DESIGN / BUILD FIRM will design the drainage pump station system and appurtenances based on design inflows and permitted outfall velocities to be provided by the CITY. The City shall perform the drainage calculations to determine the design inflow rates. The City shall provide the permitted outfall velocities to be used for design. CITY OF MIAMI BEACH DCP-8 Pump Stations 6th, 10th and 14th Street i i. For the purpose of water quality treatment only, the drainage area shall be considered to be the full width of the City R/W. ii. The system shall be designed for a tail water elevation of 2.7 NAVD in order to account for future sea level rise. iii. The design storm shall be a 5 year-24 hour storm accounting for rainfall of 6.0 inches plus a 1.25 safety factor for a total of 7.5 inches. iv. The maximum flood stage allowed under the 5year-24 hour storm (7.5") shall be no more than 3" above catch basin grate elevation anywhere in the system. The City shall be responsible for compliance with this requirement. The City will perform the drainage calculations and size and specify the pumps to be used in the pump stations. The Design/Build firm shall design the pump stations based on the design inflows and permitted outfall velocities provided by the City. v. The vortex treatment unit shall be sized to treat the runoff in accordance with standard drainage requirements of 1" over the contributing area or 2 V2" over the impervious area for a total contributing area not to exceed 15 acres in extent. k) It shall be the responsibility of the DESIGN /BUILD FIRM to review, revise and finalize the design of the proposed improvements to comply with the requirements of the scope of work and budget and all requirements of the PWM that are applicable to the construction and design related to the Pump Stations. A copy of the drainage report prepared by the CITY is provided under Attachment 1 for reference only. 1) If the City requests that the contractor assist in the acquisition of the permanent pumps, the city agrees to reimburse the contractor for all reasonable costs associated with purchase and delivery of the permanent pumps. The City agrees that temporary pumps will be required until such time as the permanent pumps will be delivered and the contractor has time to install and test the permanent pumps. As such the City agrees to pay the contractor a monthly fee to maintain and operate said temporary pumps; said fee is not included in the GMP. Said fee will cover all the contractors expenses as related to the temporary pumps and will be paid, for any month or part there of used at the City's direction. The temporary pumps will only be provided and/or removed upon the City's written direction. If the lead time to get the permanent pumps to the project is beyond the October 1, 2014 deadline, the City understands that none of the pump stations will be fully functional by said date but will be operated on the temporary pumps. The use of temporary pumps will not function at the same efficiency level as the designed pump station with the permanent pumps. The contractor shall not be held responsible for the functioning level of the pump station while the temporary pumps are in use. 1.05 STANDARD SPECIFICATION CITY OF MIAMI BEACH DCP-9 Pump Stations 6th, 1 0th and 14 th Street A. Except as noted, all materials and workmanship shall meet the applicable requirements of the latest editions of the following publications: 1. Miami-Dade County Public Works manual "Design and Construction Standards"; 2. The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction, and its supplements; 3. The Florida Department of Transportation "Roadway and Traffic Design Standards"; 4. The Florida Department of Transportation "Structures Standards," 5. Miami-Dade Water and Sewer Department "Design and Construction Standard Specification and Details". 6. City of Miami Beach Public Works Manual. 1.06 SITE INVESTIGATION A. The DESIGN /BUILD FIRM, by virtue of signing the Agreement, acknowledges that it has satisfied itself to the nature and location of the WORK, the general and local conditions including, but not restricted to: those bearing upon transportation; disposal, handling and storage of materials, availability of water and electric power; access roads to the site; the conformation and conditions of the WORK area; and the character of equipment and facilities needed preliminary to and during the performance of the WORK. Failure on the part of the DESIGN / BUILD FIRM to completely or properly evaluate the site conditions shall not be grounds for additional compensation. Failure by the DESIGN / BUILD FIRM to acquaint itself with all available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing the WORK. The CITY assumes no responsibility for any conclusions or interpretations made by the DESIGN / BUILD FIRM on the basis of the information made available by the CITY. B. Soil boring information may be furnished to the DESIGN/BUILD FIRM for its general information. Such data is not warranted to be correct; the DESIGN / BUILD FIRM, by virtue of signing the Agreement, acknowledges that it has satisfied itself as to the nature and extent of soil and (underground) water conditions on the project site. No additional payment will be made to the DESIGN / BUILD FIRM because of differences between actual conditions and those shown by the boring logs. 1.07 WORK BY OTHERS A. Concurrent work by Other Contractors. The DESIGN / BUILD FIRM'S attention is directed to the fact that work may be conducted at the site by other Contractors during CITY OF MIAMI BEACH DCP-10 Pump Stations 6th, 1 0th and 14" Street the performance of the WORK under this Contract. The DESIGN / BUILD FIRM shall conduct its operations so as to cause little or no delay to work of such other Contactors, and shall cooperate fully with such Contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. B. Interference with work on utilities. The DESIGN / BUILD FIRM shall cooperate fully with all utility forces of the CITY or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the WORK, and shall schedule the WORK so as to minimize interference with said relocation, altering, or other rearranging of facilities. C. Due to the emergency and time sensitive nature of this contract, the contract shall take precedence during the coordination of other projects in the area. 1.08 WORK SEQUENCE AND PHASING A. The DESIGN / BUILD FIRM shall schedule and perform the WORK in such a manner as to result in the least possible disruption to the public's use of roadways, driveways, and utilities. Utilities shall include but not be limited to water, sewerage, drainage structures, ditches and canals, gas, electric, internet, television and telephone. Prior to commencing with the WORK, the DESIGN / BUILD FIRM shall perform a location investigation of existing underground utilities and facilities in accordance with this section and Section 1530 — "Protection of Existing Facilities" and the CITY shall have obtained all required permits and permissions. The CITY shall also deliver written notice to the DESIGN/BUILD FIRM and property occupants (private and public) of all planned disruption to roadway, sidewalks, driveways, and utilities 72 hours in advance of disruption. In addition, all notifications of planned disruptions shall be coordinated with the CITY's Capital Improvement Project Office (CIP) and the DESIGN/BUILD FIRM. B. The DESIGN / BUILD FIRM shall sequence the WORK so as to minimize impact on residents. 1. Materials and equipment shall be stored in a fenced or otherwise enclosed area during non-working hours. Pipe and material shall not be strung out along installation routes for more than one week. DESIGN / BUILD FIRM shall store minimal amount of material on site within the construction limits shown on the Construction Documents. 1.09 TRAFFIC CONTROL CITY OF MIAMI BEACH DCP-11 Pump Stations 6 th, 1 0th and 14 th Street A. The DESIGN / BUILD FIRM shall submit a conceptual Traffic Control Plan at the Pre- Construction Conference. This preliminary plan shall identify the phases of construction that the DESIGN /BUILD FIRM plans to proceed with and identify traffic flows during each phase. The DESIGN / BUILD FIRM will be required to submit a detailed plan showing each phase's Maintenance and Protection Plan prior to starting construction of any phase. B. The DESIGN/BUILD FIRM shall submit a weekly Traffic Impact Plan to the CITY by Wednesday of each week to allow for notification of anticipated road closures to public entities located in and doing business in the project area. The Traffic Impact Plan shall vehicular and pedestrian traffic. C. The Maintenance of Traffic Plans shall be prepared in accordance the Current Edition of the Florida Department of Transportation Standard Specification for Road and Bridge Construction, Florida Department of Transportation Design Standard for Road and Bridge Construction, and the Miami-Dade County Public Works Department Manual for Design and Construction. D. The "Maintenance of Traffic" plan shall address pedestrian traffic as well as vehicular traffic. E. The DESIGN / BUILD FIRM, at all times, shall conduct the WORK in such a manner as to insure the least obstruction to traffic as is practical. Convenience of the general public and of the residents adjacent to the work shall be provided for in a satisfactory manner, as determined by the CITY. F. Fire hydrants on or adjacent to the WORK shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within twenty (20) feet of any such hydrant, without coordination with CITY Officials. G. All existing stop signs and traffic signalization shall be maintained in operating conditions at all times during construction. H. When permission has been granted by the City of Miami Beach Public Works Department to close an existing roadway, the DESIGN / BUILD FIRM shall furnish and erect signs, barricades, lights, flags and other protective devices, which shall conform to the requirements of MUTCD. The DESIGN / BUILD FIRM shall furnish and maintain proper protective devices at such location for the entire time of closure as the jurisdictional agency may direct. I. The DESIGN / BUILD FIRM shall furnish a sufficient number of protective devices as defined by the MUTCD to protect and divert the vehicular and pedestrian traffic from working areas closed to traffic, or to protect any new work. Failure to comply with this requirement will result in the shutdown of the work until the DESIGN / BUILD FIRM provides the necessary protection. J. In areas where there are existing pavement markings, the DESIGN/BUILD FIRM shall install temporary pavement markings any time traffic is diverted for a period of time CITY OF MIAMI BEACH DCP-12 Pump Stations 6 th, 1 0th and 14 th Street that will exceed one week or as allowed by the City of Miami Beach Public Works Department. Existing pavement markings that conflict with the new work zone traffic pattern must be obliterated. Painting over existing pavement markings (black out) shall not be permitted. 1.10 WORK SCHEDULE A. Substantial Completion: Project Substantial Completion, as defined in the General Conditions, shall be two (2) pump stations operational by October 1, 2014. A tidal backflow prevention device will be placed in the box culvert on 6th Street by October 1, 2014 to prevent Tidal backflow through the system. Final Completion: Project Final Completion, as defined in the General Conditions, shall be NO LATER THE COMPLETION OF THE FDOT STORMWATER PUMP STATION AT 10TH STREET AND 14TH STREET AND FOR 6TH STREET ONE HUNDRED AND FIFTY (150) CALENDAR DAYS FROM THE DATE CERTIFIED BY CONTRACT ADMINISTRATOR AS THE DATE OF SUBSTANTIAL COMPLETION OF THE 6 T" STREET LOCATION. B. Time is of the essence in completing this project. Because time is of the essence, the DESIGN / BUILD FIRM shall commit the necessary resources to this project to complete it in a timely manner. Note that a typical workday will be based on hours between 7:00 am and 7:00 pm, Monday through Saturday, including holidays. If the DESIGN / BUILD FIRM wishes to work longer hours than those specified herein, it shall request so, in writing, 48 hours in advance. Work completed at other than contract regular working hours should be easily observable by CITY and CITY staff on the subsequent day. The Construction progress will be measured with the construction schedule submitted by the DESIGN / BUILD FIRM. If the CITY determined that the DESIGN/BUILD FIRM does not meet the Critical Path Method (CPM) as specified in the Section entitled "Schedules and Reports", the DESIGN / BUILD FIRM will be required to commit those resources necessary to ensure the completion of the project in a timely manner. All costs incurred to implement measures to complete the WORK in timely manner will be borne by the DESIGN /BUILD FIRM. C. SCHEDULE TRACKING 1. DESIGN / BUILD FIRM shall submit scheduling information for the WORK as required in the Section entitled "Schedules and Reports". 2. No separate payment shall be made for preparation and/or revision of the schedule. 1.11 COMPUTATION OF CONTRACT TIME A. It is the DESIGN / BUILD FIRM's responsibility to provide clear and convincing documentation to the CITY as to the effect additional WORK will have with respect to CITY OF MIAMI BEACH DCP-13 Pump Stations 61h, 10" and 141h Street additional contract time extension requirements. If additional quantities of WORK can be carried out concurrent with other existing construction activities without disrupting the critical path of the project then no contract time extension will be granted. The DESIGN / BUILD FIRM is obligated to provide documentation to the CITY if additional elements of WORK affects the critical path of the project. If WORK set forth in the original scope of the project is deleted, the contract time may be reduced. This contract is a calendar day contract. While the DESIGN / BUILD FIRM may be granted time to suspend WORK operations for vacations or holidays, contract time will not be suspended. However during an Act of God contract time will be suspended. During suspensions, the DESIGN / BUILD FIRM shall be responsible for all maintenance of traffic and liability. In addition, DESIGN / BUILD FIRM shall comply with timely notice requirements as specified in the General Conditions. 1.12 PRE-CONSTRUCTION CONFERENCE A. Five (5) days prior to the start of construction activities, a Pre-Construction Conference will be held between the DESIGN / BUILD FIRM, CITY, other interested agencies, representatives of utility companies and others affected by the WORK. The time and place of this conference will be set by the CITY. The DESIGN / BUILD FIRM shall bring to the conference a copy of its preliminary WORK schedule for review and comment by the CITY. The schedule shall include sequences of operation and time schedule. The final schedule will be due as noted in the Section entitled "Schedules and Reports". The WORK shall be performed in accordance with such schedule or approved amendments thereto. 1.13 UTILITY LOCATIONS A. To the extent possible, some existing utility lines in the project area have been shown on the conceptual plans. However, the CITY does not guarantee that all lines are shown, or that said lines are in their true location. It shall be the DESIGN / BUILD FIRM's responsibility to perform our due diligence in identifying and locating all underground, overhead utility lines or equipment affected by the project. B. The DESIGN / BUILD FIRM shall notify each utility company involved at least 48 hours 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 construction of the pump stations shall be paid for by the CITY. All charges by utility companies for temporary support of their utilities and permanent utility relocations to avoid conflict shall be the responsibility of the CITY and the utility company involved. CITY OF MIAMI BEACH DCP-14 Pump Stations 6th, 1 0th and 14th Street C. The CITY shall schedule and coordinate its WORK in such a manner that the DESIGN/BUILD FIRM is not delayed by the utility companies relocating or supporting their utilities. D. All overhead, surface or underground structures and/or utilities encountered are to be carefully protected from damage or displacement. All damage to said structures and/or utilities is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy any damage by ordering outside parties to make repairs at the expense of the DESIGN / BUILD FIRM. All repairs made by the DESIGN / BUILD FIRM are to be made to the satisfaction of the Utility Owner and shall be inspected by a representative of the Utility Owner and the CITY. E. Within twenty-four (24) hours before excavating, the DESIGN / BUILD FIRM should call the CITY, for assistance with locating City-owned utilities. The DESIGN / BUILD FIRM shall contact Sunshine State One Call of Florida (1-800-432-4770) for free locating service for utilities for contractors and excavators. Within twenty-four (24) hours before excavating, the DESIGN / BUILD FIRM should call Sunshine State One Call of Florida Inc., and a locator will be dispatched to the WORK location. The DESIGN / BUILD FIRM shall coordinate with the utilit y companies not included in the p Sunshine State One Call of Florida, Inc. location service. 1.14 Construction Layout Survey A. The DESIGN/BUILD FIRM surveyor shall provide vertical and horizontal control for layout of the WORK in the form of bench marks and control points located adjacent to the WORK. From these controls provided, the DESIGN /BUILD FIRM shall develop and make all detailed surveys needed for construction and shall establish all working points, lines and elevations necessary to perform the WORK. This surveying WORK shall be supervised by a Professional Land Surveyor registered in the State of Florida and meet the requirements of the Public works Manual, Part I, Section 1 Standard Design and Plan Criteria, Construction Layout Surveys. Vertical Datum shall be NAVD 88. 1.15 PROTECTION AND RESTORATION OF SURVEY POINTSPOINTS A. The DESIGN / BUILD FIRM shall carefully protect from disturbance all survey points, stakes, bench marks, etc., whether or not established by the DESIGN/BUILD FIRM, and shall not remove or destroy any survey point until it has been properly referenced/ tied-in by the DESIGN/BUILD Surveyor. All survey points that have been damaged by the DESIGN / BUILD FIRM such as section corners, 1/4 section corners, property corners or block control points, including centerline of road Right of Ways such as the points of curve, tangent and intersection, shall be replaced at the DESIGN / BUILD FIRM's expense with markers of a size and type as required by Florida State Statutes. Their replacement shall be under the supervision of a Florida Registered Land CITY OF MIAMI BEACH DCP-15 Pump Stations 6 th, 1 0th and 14 th Street Surveyor. The DESIGN / BUILD FIRM Surveyor shall document survey monuments prior to construction and submit the location and type of all markers to the CITY. All survey points on the topographic, construction layout and as-built/record surveys yr ro�a r � s y y perform through the duration of the project. 1.16 EQUIPMENT A. All equipment necessary and required for the proper construction of all work shall be on the construction site, in first-class working condition. 1.17 OWNERSHIP OF EXISTING MATERIALS A. All materials removed or excavated from the job site shall remain the property of the CITY until released by the CITY, at which time it shall become the property of the DESIGN / BUILD FIRM, who shall dispose of it in a manner, complying with all applicable jurisdictional requirements. 1.18 EXCESS MATERIAL A. All vegetation, debris, concrete or other unsuitable materials shall be disposed of off- site in approved areas provided by the DESIGN / BUILD FIRM. Storage of unsuitable materials on site shall not be allowed. All unsuitable materials are to be removed from work site in a timely fashion. Any excess material desired to be retained by the CITY shall be delivered by the DESIGN / BUILD FIRM to a designated area within a 5 mile radius of the project, at no extra cost to the CITY. 1.19 ENVIRONMENTAL PROTECTION A. The DESIGN / BUILD FIRM shall furnish all labor and equipment and perform all WORK required for the prevention of environmental pollution during and as a result of the WORK under this contract. For the purpose of this contract, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, land and involves noise, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants. B. The DESIGN / BUILD FIRM shall take all steps necessary to protect water quality in the connected waters around the project and shall utilize such additional measures as CITY OF MIAMI BEACH DCP-16 Pump Stations 6 th, 1 0th and 14 th Street directed by the CITY. Silt screens shall not be removed until the turbidity of the affected waters is equal to or lower than the ambient turbidity of undisturbed segments of adjacent surface waters. C. The DESIGN / BUILD FIRM shall implement a Stormwater Pollution Prevention Plan in accordance with the Florida Department of Environmental Protection minimum requirements. The DESIGN / BUILD FIRM shall obtain and prepare all documents necessary to obtain a Florida Department of Environmental Protection National Pollution Discharge Elimination System Permit for Construction Activities. D. All protection requirements covered by this subsection shall be in compliance with all applicable jurisdictional agency requirements. 1.20 BASIS OF PAYMENT A. During the design, the DESIGN / BUILD FIRM's pay request shall contain an updated project schedule and a written status report providing the status of each discipline under design and permitting. During construction, the DESIGN / BUILD FIRM's Professional Land Surveyor will prepare the "As-built record" Survey monthly to support the payment request. In the event of disputes, the CITY shall make the final determination; no additional compensation will be made for surveying services. This WORK shall be supervised by a Florida Licensed Registered Professional Land Surveyor and meet the requirement of the Public works Manual, Part 1, Section 1 Standard Design and Plan Criteria, Construction Layout Surveys. B. The DESIGN / BUILD FIRM shall not be permitted to invoice for quantities of WORK beyond those contained in the contract and all previously approved change orders. Invoice for partial payment shall not be accepted by CITY as complete without the following: 1. Certificate of payment to subcontractors. 2. Updated Construction Schedule 3. Release of Liens from subcontractors 1.21 APPLICATION FOR PAYMENT FOR STORED MATERIALS A. The DESIGN / BUILD FIRM is advised that the CITY will not pay for stored materials unless otherwise outlined in the Contract Documents. CITY OF MIAMI BEACH DCP-17 Pump Stations 6th, 10" and 14 th Street 1.22 VIBRATORY COMPACTION A. The use of vibratory compaction equipment shall be limited to a total gross weight of three (3) tons. The use of vibratory equipment shall be limited to compacting backfill of drainage items, utility trenches and subgrade of roadways only. Larger vibratory compaction equipment may be allowed if operated is in a static mode only. The DESIGN / BUILD FIRM shall be responsible for all damages/claims resulting from its compaction activities on the surrounding neighborhood and its residents. 1.23 REPORTING OF DAMAGE CLAIMS A. The DESIGN / BUILD FIRM shall keep the CITY informed of any damage claims made against the DESIGN / BUILD FIRM during the construction period. All claims for automobile damage, property damage and/or bodily injury will be reported to the CITY within 48 hours of receipt of notice. DESIGN / BUILD FIRM will conduct a timely investigation of the claim and determine if they will honor claim and/or report to their insurance carrier and provide periodic updates, each quarter, until final disposition of claims. The DESIGN / BUILD FIRM will advise the CITY in writing of its decision/referral to carrier. 1.24 PERMITS A. It shall be the CITY'S responsibility to secure all permits of every description required to initiate and complete the work under this Contract, except for the dewatering permit obtained by the DESIGN/BUILD FIRM. B. The DESIGN / BUILD FIRM shall furnish signed and sealed sets of Contract Documents for permit use as required. C. The CITY shall furnish to the DESIGN CRITERIA ENGINEER and DESIGN/BUILD FIRM copies of all permits prior to commencement of work requiring permits. D. The CITY shall be responsible for procuring extension permits as required throughout the duration of the project. An allowance for Permit Fees is included in the Schedule of Price Bid. E. If the CITY would like the DESIGN/BUILD FIRM to begin work prior to permitting being approved, written direction must be provided by the CITY to the DESIGN/BUILD FIRM. The CITY assumes all liability associated with performing work before permitting is complete once written direction is received for the given phase, and changes in the work that have to be made by the DESIGN/BUILD FIRM as a result of the permitting being approved after the CITY gave written direction to proceed shall entitle the DESIGN/BUILD FIRM to additional time and compensation, which shall not be included in the GMP. CITY OF MIAMI BEACH DCP-18 Pump Stations 6 th, 1 0th and 14 th Street 1.25 DIMENSIONS OF EXISTING FACILITIES A. Where the dimensions and locations of existing improvements are of critical importance in the installation or connection of new work, the DESIGN / BUILD FIRM shall verify such dimensions and locations in the field prior to the fabrication and/or installation of materials or equipment which are dependent on the correctness of such information. PART 2 - PRODUCTS (Not Applicable) PART 3 - PART 3 - EXECUTION (Not Applicable) - END OF SECTION - CITY OF MIAMI BEACH DCP-19 Pump Stations 6 th, 1 0th and 14th Street BERGE-5 OP ID: DP DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/01/2014 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 Phone: 386-252-9601 NAME: DENISE D'ABATO Brown&Brown of Florida,Inc. Fax:386-239-5729 PHONE 386-239-7281 FAX Daytona Beach Office A/C No Ext: A/C,No:386-323-9121 P.O.Box 2412 ADDRESS:ddabato @bbdaytona.com Daytona Beach,FL 32115-2412 Brown and Brown-Tallahassee INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Co. 16535 INSURED BERGERON LAND DEVELOPMENT INC INSURER B:American Guarantee Liability 26247 19612 SW 69TH PLACE INSURER C:Great Amer Ins Co Of NY 22136 FT LAUDERDALE,FL 33332 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D TYPE OF INSURANCE L UBR POLICY NUMBER MM LTR /DNYYY MM/DD/Y YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY X GL05821549 03/01/2014 03/01/2015 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE FX_1 OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ B X ANY AUTO BAP5821547 03/01/2014 03/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP $ 10,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AUC938225405 03/01/2014 03/01/2015 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 0 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC5821552 03/01/2014 03/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C EQUIPMENT FLOATER MAC047908201 03/0112014 03/01/2015 LEASE/REN 1,000,000 BROADFORM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE; City of Miami Beach Pump Stations located at 14th, 10th and 6th Street. THE CITY OF MIAMI BEACH IS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY (PER FORM UGL1175E 0412) AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION CITYM-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MIAMI BEACH ACCORDANCE WITH THE POLICY PROVISIONS. BUILDING DEPT 1700 CONVENTION CENTER DR AUTHORIZED REPRESENTATIVE MIAMI BEACH, FL 33139 04;er V�¢�� ©198`8'-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD BERGE-5 PAGE 2 NOTEPAD INSURED'S NAME BERGERON LAND DEVELOPMENT I OP ID: DP DATE 05/01/14 Note: no coverage is provided for General Liability or Workers Compensation for OCIP/CCIP enrolled projects except for that work which is conducted off site of the project location.