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2014-28631 Reso
2014-28631 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF MIAMI BEACH (CITY) AND HORIZON CONTRACTORS, INC., (CONTRACTOR) IN THE AMOUNT OF $490,000 TO SETTLE ALL OUTSTANDING CLAIMS PERTAINING TO THE NEIGHBORHOOD 12 — SOUTH POINTE PHASE 11 PROJECT; FUNDING FOR THE FINAL PAYMENT TO THE CONTRACTOR IS SUBJECT TO THE 5T" AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14 TO BE PRESENTED AT THE JUNE 11, 2014 COMMISSION MEETING. WHEREAS, on December 10, 2008, the City Commission approved the award of a construction contract to Horizon Contractors, Inc. (Horizon) in the amount of $7,683,901, for the construction of the Neighborhood 12 —South Pointe RDA Phase II Right of Way Infrastructure Improvement Project; and WHEREAS, during the construction of the project, additional scope of work including the 3rd Street Improvements between Michigan and Washington Avenues, a 12-inch water main along 4th Street between Lenox Avenue and Washington Avenue were added to the Project, increasing the Contract amount to a total of$9,581,624; and WHEREAS, Horizon was issued the second Notice to Proceed on May 4, 2009, and was scheduled to perform the work within 577 calendar days, plus an additional 166 calendar day time extension for additional work. Horizon achieved Substantial Completion of the Project in March 2011, and Final Completion in May 2011, in accordance with the established Contract Time; and WHEREAS, on October 25, 2011, the City received a claim letter from Horizon requesting a mediation conference to resolve outstanding claims relating to the Contract; and WHEREAS Horizon's Mediation Statement and Summary in the amount of $1,724,733.44 requested compensation for Dewatering Impacts; Pipe Testing Criteria Changes; DERM Tree Permit Impacts; Contract Drawing Changes & Unpaid Changes; Undisputed Retainage; Prompt Payment Act Interest; and WHEREAS, on January 6, 2012, the City and Horizon Contractors, Inc., met for mediation, which resulted in an Interim Settlement Agreement addressing the Unpaid Changes, and Undisputed Retainage; and WHEREAS, a Supplement to Interim Settlement Agreement stipulated that the City would pay Horizon's Undisputed Retainage release, in the total amount of $307,272.64, and Unpaid Changes in the amount of$70,079.96, for a total of$377,352.60; and WHEREAS, the City hired C3TS, reassigned to and now known as Stantec Consulting Services Inc. (Stantec), to perform an impartial professional analysis and determine the validity of the remaining claimed items; and WHEREAS, on March 5, 2012, a second mediation meeting was held to discuss the remaining claims and came to an impasse for Dewatering Impacts, Pipe Testing Criteria Changes, DERM Tree Permit and Unpaid Changes; and i WHEREAS, on February 2013, Horizon submitted additional information and data substantiating their claims; and WHEREAS, upon review of the supplemental information submitted by Horizon, Stantec concluded that Horizon's claim for Dewatering impacts; Pipe Testing Criteria were valid; and additional costs associated with the Contract Drawing Changes (Revision 4) were valid and substantiated; and WHEREAS, on March 20, 2014, a final negotiation meeting was held between the City and Horizon where the claims were negotiated and settled for a total amount of$490,000; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to Execute A Settlement Agreement and Mutual Release between the City of Miami Beach and Horizon Contractors, Inc., in the amount of $490,000 to settle all outstanding laims pertaining to the Neighborhood 12 —South Pointe Phase II Project; 9 9 9 Funding for the final payment to the Contractor is subject to the 5th Amendment to the Capital Budget for Fiscal Year 2013/14 to be presented at the June 11, 2014 Commission Meeting. PASSED AND ADOPTED this day of 74-fn e , 2014. ATTEST: 7/7//' CI CLERK MAYOR' X:x F r .1 rn �ORF ORATED:. � N . • ••os APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 3\.l 0, ,� �((k City A omey Data COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between The City Of Miami Beach (City) And Horizon Contractors, Inc., (Contractor) In The Amount Of$490,000 To Settle All Outstanding Claims Pertaining To The Neighborhood 12 — South Pointe Phase If Project; Funding For The Final Payment To The Contractor Is Subject To The 5th Amendment To The Capital Budget For Fiscal Year 2013/14 To Be Presented At The June 11, 2014 Commission Meeting. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data(Surveys, Environmental Scan, etc. : N/A Item Summa /Recommendation: Horizon was issued the second Notice to Proceed on May 4, 2009, and was scheduled to perform the work within 577 calendar days, plus an additional 166 calendar day time extension for additional work. Horizon achieved Substantial Completion of the Project in March 2011, and Final Completion in May 2011, in accordance with the established Contract Time. On October 25, 2011, the City received a claim letter from Horizon requesting a mediation conference to resolve outstanding claims relating to the Contract. Horizon's Mediation Statement and Summary in the amount of$1,724,733.44, was submitted in December 2011 and it included the following claims: 1) Dewatering Impacts 2)Pipe Testing Criteria Changes 3) DERM Tree Permit Impacts 4)Contract Drawing Changes& Unpaid Changes 5) Undisputed Retainage; Prompt Payment Act Interest On January 6, 2012, the City and Horizon, met for mediation, which resulted in an Interim Settlement Agreement which addressed the above mentioned claim items # 4 in part and item # 5 in full. The settled amounts are reflected in the Supplement to Interim Settlement Agreement (Exhibit C). In addition, the City agreed to review and discuss the remaining claims until impasse or resolution/settlement. The City hired engineering consulting firm Corzo Castella Carballo Thompson Salman, P.A (C3TS), reassigned to and now known as Stantec Consulting Services Inc. (Stantec), to perform an impartial professional analysis and determine the validity of the remaining claimed items. On March 5,.2012, a second .mediation meeting was held to discuss the remaining claims. The settled amounts are reflected in the Supplement to Interim Settlement Agreement previously referenced. The Contractor and the City came to an impasse on items# 1, #2, #3 and part of#4. Several months later Horizon submitted additional information and data substantiating the claims previously denied. The City tasked Stantec with the review of the supplemental information received from Horizon. On March 20, 2014, a final negotiation meeting was held between the City and Horizon where they agreed to a full and final settlement of all Contractor claims for damages against the City for the Scope of work pertaining to the Neighborhood 12 — South Pointe Phase II Project, in the total amount of $490,000 (see Exhibit D). THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: A;1-1, 1 $490,000 389-2332-069357 2 OBPI Total $490,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Carla Dixon, ext.6264/Mina Samadi, ext 2581 Sign-Offs: il Departmwar for Assistan na er City Ma r DM MT JLM AGENDA ITEM (?� MIAMMEACH '� SATE i MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City mmission FROM: Jimmy L. Morales, City Manager DATE: June 11, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO E ECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF MIAMI BEACH (CITY) AND HORIZON CONTRACTORS, INC., (CONTRACTOR) IN THE AMOUNT OF $490,000 TO SETTLE ALL OUTSTANDING CLAIMS PERTAINING TO THE NEIGHBORHOOD 12 — SOUTH POINTE PHASE II PROJECT; FUNDING FOR THE FINAL PAYMENT TO THE CONTRACTOR IS SUBJECT TO THE 5T" AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2013/14 TO BE PRESENTED AT THE JUNE 11, 2014 COMMISSION MEETING. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution KEY INTENDED OUTCOME SUPPORTED Build and maintain priority infrastructure with full accountability FUNDING Amount Account Number $490,000.00 389-2332-069357 BACKGROUND On December 10, 2008, the City Commission approved the award of a construction contract to Horizon Contractors, Inc. (Horizon) in the amount of $7,683,901, for the construction of the Neighborhood 12—South Pointe RDA Phase II Right of Way Infrastructure Improvement Project. During the construction of the project, additional scope of work including the 3rd Street Improvements between Michigan and Washington Avenues, and a 12-inch water main along 4th Street between Lenox Avenue and Washington Avenue were added to the Project, increasing the Contract amount to a total of$9,581,624. Commission Memorandum—Horizon Construction Settlement Agreement Page 2 of 4 The Project limits include the area bounded to the north by 5th Street, to the south by 2nd Street, to the east by Washington Avenue and to the west by Alton Road. The Project scope of work included the replacement of existing water lines within the alleyways and along 4th Street; the installation of new storm water infrastructure throughout the project area; streetscape improvements, including pavement and hardscape; traffic calming measures such as bump- outs; enhanced pedestrian access; landscaping and irrigation; pedestrian lighting and parking improvements. ANALYSIS Horizon was issued the second Notice to Proceed on May 4, 2009, and was scheduled to perform the work within 577 calendar days, plus an additional 166 calendar day time extension for additional work. Horizon achieved Substantial Completion of the Project in March 2011, and Final Completion in May 2011, in accordance with the established Contract Time. On October 25, 2011, the City received a claim letter from Horizon (Exhibit A) requesting a mediation conference to resolve outstanding claims relating to the Contract. Horizon's Mediation Statement and Summary in the amount of $1,724,733.44 (Exhibit B), was submitted in December 2011 and it included the following claims: 1) Dewatering Impacts $ 467,090.40 2) Pipe Testing Criteria Changes $ 701,098.30 3) DERM Tree Permit Impacts $ 60,725.45 4) Contract Drawing Changes & Unpaid Changes $ 179,296.96 5) Undisputed Retainage; Prompt Payment Act Interest $ 316,522.33 $1,724,733.44 On January 6, 2012, the City and Horizon, met for mediation, which resulted in an Interim Settlement Agreement which addressed the above mentioned claim items #4 in part and item # 5 in full. The settled amounts are reflected in the Supplement to Interim Settlement Agreement (Exhibit C). In addition, the City agreed to review and discuss the remaining claims until impasse or resolution/settlement. The City hired engineering consulting firm Corzo Castella Carballo Thompson Salman, P.A (C3TS), reassigned to and now known as Stantec Consulting Services Inc. (Stantec), to perform an impartial professional analysis and determine the validity of the remaining claimed items. On March 5, 2012, a second mediation meeting was held to discuss the remaining claims. The settled amounts are reflected in the Supplement to Interim Settlement Agreement previously referenced. The Contractor and the City came to an impasse on items # 1, # 2, # 3 and part of#4. On February 2013, Horizon submitted additional information and data substantiating the claims previously denied. The City tasked Stantec with the review of the supplemental information received from Horizon. On March 20, 2014, a final negotiation meeting was held between the City and Horizon where they agreed to a full and final settlement of all Contractor claims for damages against the City for the Scope of work pertaining to the Neighborhood 12 — South Pointe Phase II Project, in the total amount of$490,000 (see Exhibit D). Commission Memorandum—Horizon Construction Settlement Agreement Page 3 of 4 The result of claim reviews and subsequent meetings between Horizon, City staff and Stantec, as well as the final negotiated amounts are depicted below and listed in Exhibit E - Summary of Horizon Claim Settlement. 1) Dewatering Impacts Horizon's contract required the installation of the stormwater system in dry conditions and maintaining the groundwater levels below the bottom of excavation. During the Miami Dade County Department of Environmental Resource Management (DERM) Dewatering Permit application process, several areas within the project limits were determined to be contaminated. Consequently, Horizon was unable to obtain a dewatering permit despite the efforts of both the City and Contractor. As such, Horizon proceeded with the installation of the stormwater system "in the wet", by implementing additional crews to complete the installation of the pipe on schedule. The Project Baseline Schedule submitted by Horizon together with their bid accounted for 141 crew shifts (crew work days), at the end of the installation, Horizon had utilized 241 crew shifts to complete the stormwater system installation. Horizon claimed the amount of $467,090 for costs associated with the additional crew time. The January 6, 2012 and March 5, 2012 mediations resulted in an impasse on this item. Following review by City staff and Stantec of the supplemental documentation submitted by Horizon, after the previous mediations, it was determined that additional crew hours were, in fact, utilized to complete the project on time. The total claim amount was negotiated down to $189,871. 2) Pipe Testing Criteria Changes At the time of Bid issuance, the stormwater pipe testing criteria required infiltration testing for only pipes with the crown of pipe below elevation 2.28 Bay Datum, which excluded approximately 25 percent of the installed pipes from required testing. Following the installation of the stormwater system, the pipe testing criteria was revised by the City to include testing of all pipes for infiltration, as well as, testing during high tide regardless or pipe depth. Horizon's claim in the amount $701,098, was for pipe cleaning efforts due to excessive siltation of the pipes resulting from the "in the wet" installation. This item resulted in an impasse at the January 6, 2012 and the March 5, 2012 mediations. Following review by City staff and Stantec of the supplemental documentation submitted by Horizon, it was determined that additional effort resulted from cleaning of "in the wet" installed pipes and the new criteria stipulated by the City. The total claim amount was negotiated down to $264,294. 3) DERM Tree Permit Impacts A DERM tree permit was also required for Horizon to complete the landscape improvements. Horizon claims that due to issues outside their control, the required DERM Tree Permit could not be obtained, therefore causing project delays. The January 6, 2012 mediation resulted in the rejection of this claim. In a subsequent joint review by City staff and Stantec this claim was also rejected. Commission Memorandum—Horizon Construction Settlement Agreement Page 4 of 4 4) Contract Drawing Changes, Unpaid Changes, Unforeseen Conditions & Conflicts This claim was partially addressed at the January 6, 2012, Interim Settlement Agreement with Horizon. The outstanding issue on this claim pertained to Contract Drawing Changes. Shortly after the award of the Project, the City revised the plans and specifications, adding certain scope of work, including Revision 4, which consisted of parking reconfiguration on Jefferson Avenue and certain storm drainage revisions. On February 9, 2010, Horizon provided the City with a proposed change order in the amount of $63,596, for the costs associated with this revision. The change order request was rejected by the City as there was not sufficient back-up documentation at that time to substantiate the proposed change order. The portion of this claim related to Revision 4 changes resulted in an impasse at the January 6, 2012 and the March 5, 2012 mediations. In a subsequent joint review by City staff and Stantec of supplemental documents submitted by Horizon this claim was negotiated down to $35,835. 5) Undisputed Retainage; Prompt Payment Act Interest, Contract Balance As a part of the January 6, 2012, Interim Settlement Agreement Horizon was paid the negotiated amount of$307,272. The total amount of the Final Settlement Agreement of all claims for damages against the City for the scope of work pertaining to the Neighborhood 12 —South Pointe RDA Phase II Project is in the amount of$490,000. CONCLUSION The Administration recommends that the Mayor and Commission adopt the Resolution Approving and Authorizing the Mayor and City Clerk to execute the Settlement Agreement and Mutual Release between the City of Miami Beach and Horizon Contractors, Inc., in the amount of $490,000 to settle all outstanding claims pertaining to the Neighborhood 12 —South Pointe Phase II Project; Funding for the final payment to the Contractor is subject to the 5th Amendment to the Capital Budget for Fiscal Year 2013/14 to be presented at the June 11, 2014 Commission Meeting. ATTACHMENTS: Exhibit A— Horizon's Claim Letter Exhibit B — Horizon's Mediation Statement and Summary (Summary and Conclusion only) Exhibit C—Supplement to Interim Settlement Agreement Exhibit D— Final Settlement Agreement Exhibit E—Summary of Horizon's Claim Settlement JLM/MT/DM/MS/CD T:\AGENDA\2014\June\Horizon Construction Settlement Memo.doc RC.CEB %RSON & EsPINo, �?A. Exhibit MC-Lkt.P.PsMSON �_ :$ATTORNEYS AT LAW D.�L I.HALLEY,P.E. OCT Z 6 . ALZMD]Lo ESMNo t P 10631 Southwest 88th Streec-Suite 220 DANIEL F.MUNILLA JOSE BAWOR MATTHEW MARAINGES *ewa CoWadin catwmU n saw 011 Y �<�ORKEY S OF E l( iami,Florida 33176 TeL(305)270-3773-Fax(305)275-7410 October 25,2011 Ms.Rhonda Montoya-Hasan Na Electronic do US Mail City of Miami:Beach Office of the City Attorney 1700 Convention Center Drive Miami Beach,FL 33139 RE: City of Miami Beach Right-of-Way Infrastructure Improvement Program, Neighborhood 12-SouthPointe RDA Phase H Project; Our File No.:305-007 Dear Ronda: This firm represents Horizon Contractors, Inc. ("Horizon') with regard to the above- referenced project. Horizon instructed that we submit this demand for mediation to you in accordance with its contract with the City of Miami Beach(the"City'D. Pursuant to Section 12,Resolution of Disputes,Article 12.2 of the General Conditions of the prime contract entered by Horizon and the City, Horizon hereby demands a mediation conference to resolve the below controversies or claims arising out of or relating to the contract or the breach thereof. The following claims of controversies remain outstanding, despite Horizon's efforts to resolve these issues short of mediation. The claims or controversies to be mediated include: Inability to Acquire DFJW Tree Removal Permit—Horizon applied for a tree removal permit with DERM. However, DERM rejected the permit application because the City had numerous other such permits open. Additionally,the design documents needed to be modified to include additional information. The delay of approximately 70 days affected Horizon's work,including clearing and grubbing operations. ■ Inability to Dewater - Horizon applied for a dewatering permit with DERM. However, DERM rejected the permit application because of contaminated groundwater. o The lack of a dewatering permit required Horizon to install the utilities in the wet, im p actin the roductivi of its crews, exten ' the time for such work, P g P tY � increasing the cost of such work and requiring additional work and effort to seal the j oints of the pipe. !Nis.waoncia Montoya-Hasan October 25,2011 Page 2 • Furthermore, during this scope of work, Horizon discovered numerous existing utilities that were not identified in the plans, causing fiirther disruptions to its scope of work and increased time and costs. • Additionally, Horizon incurred additional costs for testing and cleaning of the pipe. The City changed the testing criteria, requiring bay datum and testing at high tide only, and also required the testing of a greater amount of pipe. Such requirements were not included in the contract and/or required by industry i standards and practices. The inability to dewater caused additional siltation and sedimentation to collect in the pipe, thus increasing the cleaning costs for the pipe. ■ Unpaid Supplemental Agreements/Change Orders - In late 2009, Horizon submitted a supplemental agreement/change order to the engineer of record for unforeseen conditions, design errors and owner-requested modifications. On about February 10, 2010, the FOR recommended by letter that the City execute the change order, and the FOR itself executed the change order. It is Horizon's understanding that the City in fact executed the change order,but Horizon has not been provided a copy of the fully executed change order. The parties had agreed upon a value for the change order, but since it was not paid by the City, Horizon is seeking the full value of its original proposed change order of$103,981.19,plus interest. i ■ Revision #4 Change Order— Shortly after bid, the City revised the plans and specifications, adding certain scope and reducing the scope of certain work. Horizon submitted a request for change order regarding the additional costs associated with the revisions. The City unilaterally determined that there were no additional costs associated with the revision and rejected the change order. Horizon seeks payment for the additional costs incurred. ■ 4th Street Water Main Delay- Horizon was impacted by delays/damages associated with the constant breakage, repair, and ultimate replacement of the water main along 4"'Street,from Jefferson Court to Washington Avenue. 1 Water Main Tie In/Shutdown Delays — At the commencement of the project, r the Public Works Department requested and establish the procedures for i requesting and performing a water-main shutdown. However, throughout the course of the project,the City,particularly the Public Works Department,ch --- , those procedures from what was ally established. On many occasions, the lack of timely response by the Public Works resulted in long delays, repetitive unnecessary work performed and costs to the project. ■ Payment of Contract Balances & Retainage/Delays in Project CIoseout — Horizon requested the release of remaining retainage via payment requisition 22 1 Ms.nnonaa Montoya-tiasan October 25,2011 Page 3 on July 15, 2011. The EOP, the City's project manager and the City's senior project rnanager all approved the release of the remaining retainage. However, the City has failed and refused to release the retainage,and Horizon has requested payment of interest for its failure to pay. Horizon has also incurred additional expenses as a result of the City's failure and refusal to close the project. Lastly, the City still owes Horizon payment for contract balances. ■ FinaIize City's Desire to Complete Landscaping and Irrigation Punchlist items due to the City's Desire to Modify Associated Landscaping and Irrigation Design—The City issued final completion for all areas of work except for certain landscaping and irrigation items. The City indicated that it intended to modify the design of certain landscaping and irrigation items on the project. Therefore, it determined that it would seek a credit from Horizon for punchlist items associated with those areas, and the City would redesign and modify those areas under separate contracts. These issues need to be addressed and resolved so that the project can be closed out. a Violation of Prompt Payment Act—Throughout the course of the project the City failed to make payment in accordance with the time requirements of the Prompt Payment Act, thereby incurring liabilitv to Horizon for in'tPrest at 1.5% per month. Horizon previously requested meetings to discuss these claims and controversies. On several occasions these issues have been discussed, and on numerous occasions the City has agreed that Horizon is entitled to additional compensation for some of these claims and controversies. Horizon hopes that the City shares in Horizon's desire to resolve these claims and controversies amicably without the need for litigation. Horizon recommends that the parties retain one of the following mediators: 1. John Freud of Mediation Solutions; • 2. Bruce Alexander of Casey Ciklin; 3. Peter Brandt of Ferencik Libanoff Brandt;or 4. Markel Arrizabalaga of K&A Mediation. } With regard to the selection of mediators, it is of primary importance to Horizon to schedule mediation to occur within the next sixty (60) days. Prior to mediation, Horizon will provide detailed information regarding each of the above issues,including its damages,which at thi s time are being reviewed and analyzed by a construction consultant. Horizon hopes that the City will embrace the mediation process with an open mind and full consideration of Horizon's position on each of the issues identified above. Should the City fail to respond to this demand for mediation within ten (10) days, Horizon will assume that the s f 3 pg A b 3 + IYIA.LwV11UG 1Y1Vi1WyG rla$3II October 25,2011 Page 4 City is not interested in mediation and that the City waives the mediation condition precedent found in Section 12.2. We look forward to hearing from you within the nest ten )days. Since ej am Espino Peters o &Esp' , cc: Horizon Contractors,Inc. i I 1 l w w .:+mss•- r < � � � ,..� Zy F i 3 p5 + # MEDIATION SUMMARY OVERVIEW g On 10 December 2008, Horizon Contractors Inc. ("Horizon")was awarded a contract with the City of Miami Beach ("City")for a project known as City of Miami Beach, South Pointe Phase II Infrastructure Improvements. The contract amount was $7,683,901; and included a performance period of 577 Calendar Days. The project consists of site preparation, earthwork, demolition,storm drainage, road i and walkway paving,water,lighting,planting,irrigation,and graphics.The project is located in the area I - :1 E bounded by Washington Avenue on the east,Alton Road on the west,2nd Street on the south,and 5th Street on the north,with the exception of 3rd Street,which was part of a previous Phase I Project The nature of the project required adequate preparation and planning on the part of the City prior to its release for bid. The contract requires that the contractor"maintain water levels below the bottom of excavation in all work areas where groundwater occurs during excavation construction, backfilling,and up to acceptance of the installation."The inclusion of this contract provision in the solicitation would require the City to conduct a thorough pre-solicitation site investigation to ensure that groundwater contamination was not an issue as a Miami Dade County Department of Environmental Resource Management(DERM)dewatering permit would be involved. Additionally,the project included planting which would also involve DERM as a tree permit would be required. Finally,prior to the release of the solicitation,the contract would require complete drawings that would include the City's desired scope and depict the location of existing utilities and other items that would be in conflict with the work being '- installed by the contractor. j a Unfortunately, despite its pre-bid representations indicating otherwise, the City failed to identify groundwater contamination in the work area which would not allow Horizon to perform dewatering _74 operations and forcing Horizon to perform work in the wet",a more costly and time consuming work process. Pipe testing criteria was also changed by the City,causing Horizon to test additional pipe and 1 I l 1 conduct the tests only at high tide. Moreover, the City.maintained open permits that impacted Horizon's ability to obtain the requisite DERM tree permit, causing project delays. Adding to the aforementioned impacts,immediate City scope changes with new drawings issued to Horizon right after Notice to Proceed (NTP) as well as a myriad of unforeseen conditions and conflicts not depicted in the Contract Documents affected Horizon in most every location of the project. Throughout its performance of work under the contract, Horizon provided the City with notice of the dewatering issues affecting the project,the pipe testing criteria changes and their impact, the.DERM tree permit issue,the scope change brought about by the City's revision of the Contract Drawings,and 1 3111-6 I the unforeseen conditions and conflicts not depicted in the contract drawings. Horizon sought to a:. resolve these outstanding issues affecting the project, submitting timely requests for both j compensation and additional contract time in accordance with the contract documents.To date,these issues remain unresolved. On 25 October 2011, Pursuant to Section 12,Resolution of Disputes,Article 12.2 of the General Conditions of the prime contract entered by Horizon and the City, Horizon I ! demanded a mediation conference to resolve all outstanding controversies or claims arising out of or relating to the contract. Through this Mediation Summary, Horizon submits supporting information relating to these issues in advance of the mediation conference to assist the Mediator and the City in its understanding of the merits of Horizon's demand. Jj This Mediation Summary addresses the following five unresolved issues on the project: 1) Dewatering Impacts i 2 Pipe Testing Criteria Changes 3) DERM Tree Permit Impacts . 4) Contract Drawing Changes,Unpaid Changes,Unforeseen Conditions j &Conflicts. .., 2 I . Y t; ii Lai.# a" 5) Undisputed Retainage; Prompt Payment Act Interest, Contract elm Balance. *Note:The items identified in Horizon's mediation request are consolidated into the above five categories. 0 r . ' Sections of the Mediation Summary include references to correspondence, applicable specification $ sections,daily reports,change order requests,requests for information(RFC's),drawings,photographs, lei as well as the Project Schedule. Since the Summary is document intense,the electronic version of the i'v document includes "hyperlinks" outlined in blue boxes that are directly linked to referenced Items. Simultaneously depressing the"Ale key and the"left arrow"key will return you to the previous view. w�a ' i 3 s s r 1 WWWW�i f ' ii i .cam. 3 i •Sw1 3 I CLAIM COST SUMMARY 1) Dewatering impacts $ 467,090.40 2) Pipe Testing Criteria Changes $ 701,098.30 3) DERM Tree Permit impacts $ 60,725.45 296.96 4) Contract Drawing Changes&Unpaid Changes $ 179,296.96 5) Undisputed Retainage,Prompt Payment Act Interest $ 316,522.33 TOTAL $ 1,724,733.44 1 s , 1 1 1 r1• t r Mi i I .3. b 50 _717- I w_ � r Conclusion °A The nature of the South Pointe project required adequate preparation and planning on the part of the City prior to its release for bid. Adequate preparation would include proper investigation of possible contaminants that could affect dewatering operations. Adequate planning would include ensuring that i all DERM tree permits were up to date and all utilities and possible conflicts identified on the contract drawings. �s Unfortunately the project was neither adequately prepared nor planned when it was released for bid is and awarded to Horizon. Throughout its performance,Horizon acted in good faith as a reasonable and ' p rudent contractor,mitigating the City's exposure to damages,placing the City on Notice,and diligently i proceeding with the contract work. Although some issues have been resolved such as the City's desire i ` to complete landscaping and irrigation punchlist relating to modified landscaping and irrigation design, the 5 major issues outlined in this Mediation Statement remain unresolved. Through this Mediation Statement and through the Mediation process, Horizon's intention is to provide the City with all the +" information required so it may make the right decision and bring this mutually challenging project to an equitable conclusion. .�.. ___._........... ._. ....CLAIM COST SUMMARY t. 1) De%vate ring l m pacts $ 457,090.40 2) Pipe Testing Criteria Changes $s 701,098.30 DERM Tree Permit Impacts $ SQ725.45 { 79 i � 14) Contract Drawing Cha es&Unpaid Changes � $ 1 ,296.96 =5) Undisputed Retainage;Prompt Payment Act Interest $ 315,522.33 t TOTAL Ay 1X4,73&44 r.� Y 7 I t 27 i r 45 Exhibit C SUPPLEMENT TO INTERIM SETTLEMENT AGREEMENT AND ADJOURNMENT BETWEEN HORIZON CONTRACTORS,INC.AND THE CITY OF MIAMI BEACH,FLORIDA This Supplement to Interim Settlement Agreement and Adjournment ("Agreement") is 3'v we made and entered into this 24 day of .A mth 2012, by and between HORIZON CONTRACTORS, INC., a Florida corporation, (hereinafter "Horizon') and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation(hereinafter, the"City"). Horizon and the City may also be referred to individually as a"Party'',and collectively as the"Parties." RECITALS WHEREAS, HORIZON and the CITY are parties to a construction contract, dated December 10, 2009 (the"Contract"), for Neighborhood 12- South Pointe RDA Phase II, Miami Beach=Florida(hereinafter,the"Project"), and WHEREAS, Horizon asserted claims for additional compensation and time against the City regarding multiple issues regarding the construction of the Project;and WHEREAS, as required by the Contract, the Parties attended pre-suit mediation on January 6, 2012(the "Mediation"), resulting in the execution by the Parties of an Interim Settlement Agreement and AdJ ourmnent(the "'Interim Settlement Agreement"), a copy of which is incorporated herein and is attached as Exhibit"A"; WHEREAS, the Parties attended a settlement conference on March 5, 2012, to discuss the remaining claims and open issues related to the Project; WHEREAS, the Parties execute this Agreement to resolve certain claims and disputes while preserving other claims and disputes for litigation; NOW THEREFORE, in consideration for the exchange of promises contained herein, and for good and valuable consideration acknowledged herein, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein. QGtjs�d 10�q (Z. �ict►1 SUPPLEMENT TO IATERI t SETTLEMENT AGREE,�1�ENT& ADJOIJAV IIENT 1 VIVEEV HORIZON COATRACTORS,INC.R CAIB 2. The City agrees to pay the following items on or before March 20, 2012 (the "Contract Payments"): a. PCO#6 Supplemental 288-A, 2-88-13C, in the amount of$70,079.96; b. Pay Application #25, which includes item a. above and Retainage in the amount of$207,272.64,for a total payment of$277,352.60 3. Horizon shall provide all Final lien releases from its subcontractors and material suppliers to the City and fulfill all other contractual requirements for the final Retainage Release in the amount of $l 00,000.00. However, the Parties agree that the Contract Payments and associated lien releases in no way release the City from any claims for additional compensation and time asserted by Horizon and submitted for Mediation and that such claims are preserved for litigation,including the following: a. Dewatering Impacts; b. Pipe Testing Criteria Changes; C. DERM Tree Permit impacts;and d. Contract Drawing Changes. 4. The Parties agree to cooperate fully and execute an), and all supplementar}l documents and to take all additional actions which may be reasonably necessary or appropriate to give full force and effect to the basis and intent of this Agreement. 5. It is understood and agreed that execution of this Agreement is not an express or implied admission of negligence,misconduct,responsibility,or liability on the part of the City or Horizon. 6. Horizon agrees that it remains responsible for any latent defects on the Project and all applicable warranties pursuant to the terms of the Contract and Florida law. 7. The Parties agree to declare the Mediation at an impasse. 2 i -AGREEAE�T&StPIIEI AT TO INTERIM SE7.E:1 1Ft7 JUJOt,I?NiifEVT BETII'E-EA*IIORIZO;V CO.VTRjICTORS.IAV cf CAIB 8. This Agreement contains the entire agreement between the Parties regarding the claims raised at Mediation. This Agreement replaces any prior or contemporaneous written or oral representation or understanding about the terms of this Agreement. This Agreement may not be changed except in writing signed by the Parties or their respective attorneys. This .Agreement shall be binding on and shall inure to the benefit of the respective successors and assigns,if any,of each party. 9. This Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue for any, legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement,shall be in Miami-Dade County,Florida. 10. The Parties warrant to each other that they have read this Agreement, that they understand this Agreement and that each have been represented by counsel before signing this Agreement. IN FITNESS WHEREOF. the Parties have set their hands and seals on the day and date a t first written above. HORIZON CONTRA RS, NC. ; Attest: By: Title: F" J p S c ar} Print Name Print N ne i a a i 's 3 1 SUPPLEMUT TO LYTER1,11 SEMEME.VT AGREEMEYT& ADJOURV,41EdVT BETWEEX HORIZOtV CO3WPdCTOn 1,VC&C11B STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 1&day of March 2012, by �,o�•, o,..ac�hcL� as Qr-e..S , of Horizon Contractors, Inc., who is personally known to me or who has produced (type of identification). �•a►•'r'n•,,, BRIAN RANOA . ,...�'""�►�.....r Notary Public•State of Florida • My Comm.Expires Oct 12,2015 Notary Public-State of Florida Commission Al EE 137526 (� ,�''•.�;,;;a•`�� BOOM Through National Notary Assn. �jr••e..,� a1sL_,a.. (Print Name) My Commission Expires: t o - r,a.--t.0 CITY OF MIAMI ACH,FLORIDA Attest: Title: Print Name K A-0--r i tX--L- Print Name ,o, Y�.,,,,,��r Q�+aA ••^•NG►i :r •. NoWy Publ�L ate it Florida =• My Comm Expuez 11.2015 EE 56701 STATE OF FLORIDA � Commission+Y IwW Through Nalvat Notary Assn. ss COUNTY OF MIAMI-DADE ) The foregoing inst ent was acknowledged before me this day of tot , 2012, b d f �, r' o the City of Miami Beach, who is personally known to m Q who has produced (type of identification). Notary P tc-Stat f Florida rint Name)A L)ily Commission Expires: 0) ° i - ' APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 4 ,�,r 3�t5t�Z 4ity Al Date i i In Re: i Horizon Contractors, Inc. , Claimant, V. SETTLEMENT AGREEMENT ¢Al o a"'In e"f- i City of Miami Beach, Respondent. The parties and/or counsel, with full authority, voluntarily consent and agree to settlement of the above referenced matter upon the following terms ` and conditions: � y 1. Within days Respondent(s) shall pay Claimant(s) the total amount of '� 4�y e�#Z3 ah �CQ G �Sannlf..r�al'a/ ZS9,X Zk f check(s) made payable and delivered to claimant(s) as follows: 2. c pa ees cu j n indemnity .agreement/satisfaction or rele s (as t any and all liens of any kin ature whatsoever, and/or related to, or arisi m, the subject matter of the instant disput and, a voluntary dismissal of all claims, wit 3. Each party and/or their counsel shall pay their share of the Mediation fees and costs. The Court shall retain jurisdiction to enforce the terms of this settlement, including enforcement of the payment of mediation fees and costs. 4. L�/fy (ril/ It✓�'Prt� �Or�20/►S !e/YtGEinrr�S 61g%mS G�st/� �P51o�f4' �fl p i r'Z VA S O2v r7 Se 1 -to i f..f a D S ifi'�rl Date: G Z Date: �r 1 Cla' nt(sf) nt( f 1. le J 1 Counsel for Claimant(s) Counsel for Respond nt s) 'I 0 rl /ems Cjrt%n eJ4/i? , 01 d;�GvsS/0� .v''�f'►/ �,,-+PgSS� ©/ �i'S0/df/`o�►/5fff�r'�'[`k f. i l��O v14 _ _ _ . 7-s-... olf 116 5-14 n� � I� m Ol ri M 01 r-1 N M N � t1! ll1 t0 d et rt N O I-- r- N O O Ol Cl t- N Lf) I- O N M O N W Ln d' .i 00 N M *' a d :3 L 1; a� a c � � a a ,CZ AA in. •v)-V). 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Ln ri 00 O M Ln 4 4 tO Ln Ql t0 OJ m %i ri I;r tO 00 Ln Ln N O CO N ai 41 O d' ri It* t0 I- O O m N M Ln C � 00 a M N 00 r 10 n 00' N C 0 C ' d O Z S-+ 30 i/} </} iJ}i/}t/} il} i/>• in.iJ}iJ} i/} � O Y to ro u m O Q Q m a Co ° a � Ln < << ti, f0 v- 7m L0 fII (0 w O t0 s.. 4- tL ri Q) N N N N 4J < >- CD EEEEEE 4- 41 tL GJ OJ N N N U a h a Q7 Q c1 O Q Q Q h i✓ 41 t' U to O N N In to En Ln m = d Exhibit D SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN HORIZON CONTRACTORS,INC.AND THE CITY OF MIAMI BEACH,FLORIDA This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this day of , 2014, by and between HORIZON CONTRACTORS, INC., a Florida corporation, (hereinafter "Horizon") and the CITY OF MIAMI BEACH, FLORIDA, a political sub-division of the State of Florida(hereinafter,the"City"). Horizon and the City may also be referred to individually as a"Party,"and collectively as the"Parties." RECITALS WHEREAS,Horizon and the City are parties to a construction contract,dated December 10, 2009 (the "Contract"), for Neighborhood 12-South Pointe RDA Phase II, located in Miami Beach,Florida(hereinafter,the"Project"); WHEREAS, Horizon asserted claims for additional compensation and time against the City pertaining to the Project; WHEREAS, as required by the Contract, the Parties attended pre-suit mediation on January 6, 2012 (the "Mediation"), resulting in the execution by the Parties of an Interim Settlement Agreement and Adjournment (the "Interim Settlement Agreement"), a copy of which is incorporated herein and is attached hereto as Exhibit"A;" WHEREAS, the Parties attended settlement conferences on March 5, 2012, and March 20,2014,respectively,to discuss the remaining claims and open issues related to the Project; WHEREAS, the Parties desire to settle all claims, disputes, past, present, or future regarding the Project,regardless of responsibility;and WHEREAS,the Parties believe it would be in their best interests and the best interests of the citizens of the City to agree to the provisions of this Agreement. NOW THEREFORE, in consideration for the exchange of promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties,the Parties agree as follows: 1. Recitals: The above Recitals are true and correct and are incorporated herein. 2. Settlement: The Parties hereby settle and compromise all claims of any kind or nature (including any claims for attorney's fees and costs), relating to, arising out of and/or in connection with the Project,except as set forth herein. 1 3. Settlement Terms: In consideration for the releases executed herein, the Parties agree as follows: (a) The City agrees to pay Horizon the sum of Four Hundred Ninety Thousand Dollars and 00/100 ($490,000.00) (the "Final Payment"). (b) The City will seek to place this item on the Agenda for the City Commission Meeting following the approval of the Agreement in form and correctness by the City Attorney. (c) Subject to the City Commission's approval of this Agreement, the Final Payment shall be made by the City within thirty (30) days following City Commission approval and execution by the City of the associated Resolution approving such settlement. (d) As a condition precedent to the City's Final Payment, Horizon shall furnish to the City, for review and approval, digital copies of the Water Main, Storm Water Drainage and Electrical as-built drawings for the Project, in pdf format and in the latest version of CAD. Horizon shall also submit to the City, for review and approval, 11" x 17" paper copies of the Water Main and Storm Water Drainage as-built drawings for the Project, signed and sealed by a Florida- licensed Professional Land Surveyor. 4. Releases: In further consideration of the execution of this Agreement, the Parties for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit owners, insurers, officers, 'directors, agents, employees, subcontractors, representatives, successors and assigns (the "City Releasors" or"Horizon Releasors" as the case may be), hereby execute, subject to the conditions and exclusions set forth in this Agreement, the following Releases: (a) Horizon Releasors' Release of City Releasors: Upon payment of the Final Payment by the City, the Horizon Releasors hereby remise, release, acquit, satisfy and forever discharge the City Releasors, which throughout this Agreement includes, but is not limited to, its affiliates, Commissioners, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, cause and causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity, 2 i whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the Horizon Releasors have held or now hold, ever had, now have, or which the Horizon Releasors, hereinafter can, shall or may have against the City Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the Project. (b) City Releasors' Release of Horizon Releasors: Except as provided and expressly subject to the limitations set forth in Paragraph 5 herein, which the Parties agree and acknowledge limits the scope of the City Releasors' release of the Horizon Releasors, the City Releasors hereby remise, release, acquit, satisfy and forever discharge the Horizon Releasors, which throughout this Agreement includes, but is not limited to, its affiliates, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, cause and causes of action, executions, claims and liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the City Releasors have held or now hold, ever had, now have, or which the City Releasors, hereinafter can, shall or may have against the Horizon Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the Project. 5. Latent Defects and Warranties: (a) The Parties agree that, specifically excluded from any release or waiver by the Parties under this Agreement, are any demands, claims and causes of action arising from: (i) latent defects; (ii) warranty claims; or (iii) any third party actions for property damage, bodily injury, personal injury or death pertaining to the Project. The City shall not be precluded from bringing any action at law or equity arising from or relating to such matters. (b) Horizon agrees that it shall honor and be responsible to the City for all warranties and guarantees as specified in the Contract and/or as otherwise provided g p p ded by law or in equity. Horizon further acknowledges and agrees that nothing contained in this Agreement shall constitute a waiver of any right by the City to seek enforcement of those warranties and g uarantees against Horizon, its sureties, insurers, subcontractors and su pp liers. 6. No Admission of Liability: It is understood and agreed that the claims which are the subject of this Agreement are disputed claims and that the execution of this Agreement by the Parties, and the exclusions set forth in this Agreement, are not intended to, and shall not in any 3 way, constitute or be deemed an express or implied admission or acceptance of any negligence, misconduct, responsibility or liability by the Parties or an admission against interest by the Parties, and that the Parties expressly and specifically deny all such claims. Such consideration is being given to reduce the expense, uncertainties and hazards of litigation and to mitigate damages to each of the Parties. There shall not be any implication by any trier of fact or law of any admission or acceptance of liability or admission against interest by the Parties and it shall not be used against the City Releasors or the Horizon Releasors in any attempt to prove any future liability claims. 7. Binding Effect: Subject to City Commission approval and execution by the Parties, this Agreement shall be binding upon the Parties and their respective successors and assigns. However, execution and notarization by all Parties shall be a condition precedent to the effectiveness of this Agreement as binding against any Party. If the City Commission does not issue the approval,the Agreement shall be null and void and of no force and effect. 8. Attorney's Fees: If any legal action, proceeding, or hearing is brought by the City Releasors or the Horizon Releasors to resolve a dispute regarding enforcement of the terms of this Agreement, then the prevailing party as between the City Releasors and the Horizon Releasors shall be entitled to recover reasonable attorney's fees and court costs incurred. The Parties shall bear their own fees and costs relating to the negotiation and execution of this Agreement to date. 9. Miscellaneous: The Parties further agree as follows: (a) The Parties acknowledge and agree that this Agreement is fully and adequately supported by consideration and is fair and reasonable. The Parties further acknowledge and agree that: (i) each Party has had the opportunity to consult with, and has in fact consulted with, such professionals, experts and legal counsel of its choice as such Party may have desired with respect to all matters settled and resolved herein; (ii) each Party has participated fully in the negotiation and preparation of this Agreement; (iii) each Party has carefully reviewed this Agreement and is entering into same freely; and (iv) this Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this Agreement shall not be more strictly construed against any Party. (b) The Parties hereto understand and agree that this Agreement will not be binding on the Parties to this Agreement until such time as the City Commission of the City of Miami Beach has approved same, and the Agreement is fully executed by the Parties to the Agreement. City Commission approval is a 4 material condition precedent to the execution and enforceability of this Agreement, without which the City does not agree to, and is not subject to, the terms and conditions contained herein. (c) Each of the signatories hereto represents that he or she has authority to execute this Agreement and to bind the Party on whose behalf he or she has signed. (d) This Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and the sole and exclusive venue for any lawsuit relating to this Agreement is Miami- Dade County, Florida. The Parties expressly agree to waive trial by jury in any action to enforce this Agreement. (e) In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and paragraph headings shall be disregarded. (f) Any exhibits attached to this Agreement are incorporated in, and made a part of,this Agreement. (g) Time is of the essence in the performance of this Agreement. 10. Entire Agreement: This Agreement, together with any documents referenced herein, constitutes the full and entire agreement and understanding between the Parties as related to the Project, and there are no agreements, representations or warranties except as specifically set forth herein. This Agreement replaces any prior or contemporaneous written or oral representation or understanding about the terms of this Agreement. All prior discussions, negotiations, letters, demands and writings of any kind are fully merged into this Agreement and are to be construed to be of no further force or effect, it being the intention of the Parties that this Agreement shall serve as the sole and entire expression of their agreement and understanding. This Agreement shall be binding on, and shall inure to the benefit of, the respective successors and assigns, if any, of each Party. 11. Modification; No Waiver: This Agreement may only be modified in writing signed by both Parties. No waiver or modification of the Agreement or of any covenant, condition or limitation contained herein, shall be valid unless in writing and signed by all Parties to the Agreement, or their authorized counsel. If the City or Horizon excuses or condones any 5 breach or default by the other Party of any obligation under this Agreement, this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 12. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together represent one instrument binding on the Parties, notwithstanding that all of the Parties are not signatories to the same counterpart. The Parties further agree that this Agreement may be signed and submitted via facsimile or electronic mail. 13. Severability: If any provision of this Agreement is held or rendered illegal or unenforceable, it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and bind the Parties as though the illegal or unenforceable provision had never been included in the Agreement. 14. Captions; References: The captions of this Agreement are for the purpose of convenience of reference only and in no way define, limit or describe the scope or intent of the Agreement or in any way affect the terms and conditions of this Agreement. All references in the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 15. Third Parties: Nothing express or implied in this Agreement is intended or should be construed to confer upon or give any person or entity, other than the City and Horizon, any rights or remedies under, or by reason of,this Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above: [Remainder of page intentionally left blank.] 6 HORIZON CONTRACTORS,INC. Attest: Jose M. Sanchez, President Secretary Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2014, by Jose M. Sanchez as President of Horizon Contractors, Inc., who is personally known to me or who has produced (type of identification). Name: (Print Name) Notary Public—State of Florida My Commission Expires: 7 THE CITY OF MIAMI BEACH,FLORIDA, a Municipal Corporation of the State of Florida By: Print Name: Title: ATTEST: City Clerk SEAL APPROVED AS TO FORM AND CORRECTNESS: City Attorney APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION ity Homey Dafte J 8 W , . o 0 0 0 L6 o W a0 N cc C 69 669 669 " co w r 11 Lo O0 O b4 M M qe M 1 a) co O O I- N LO P- ccoo O (0 r N 69 69 69 69 69 N U C O U 06 ai N U C C O c4 'Q m O 5 U m C c N � U N N w N C c v, O1 Q C .. _ cu C N U � U cu cn CL CL c o CD y U) 0 CD CL V " � CL c O U u (D ) ca L -_- U C �_ E a� 'cn W •` � C Q` E U a. 3 (a � c n 0 ; N in a? N O V J Co J N W O C Q U Q a 0 U Z H W x W