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Renovations to MBPD Headquarters 2 CITY CLERK OFFICE: RAFAEL GRANADO or LILIA CARDILLO DATE: 03/27/2020 FROM : Jorge Gueimunde DEPARTMENT: PROCUREMENT EXTENSION : 7490 CONTRACT: RFQ-2019-242-ND for Architectural and Design Services for Renovations to Miami Beach Police Headquarter Improvements Leo A Daly Company RESOLUTION: 2019-30949 COMMISSION DATE:09/11/2019 ITEM NUMBER: C7-L CONTRACT THIS CONTRACT ("Contract") is made and entered into as of th4_clay of K A 1�C 1 , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City")and Florida Construction & Engineering Inc., (the "Contractor"): WTTNESSETH,that the Contractor,for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB-2020-069-JC for MADELEINE VILLAGE BUILDING RENOVATIONS AND SITE IMPROVEMENTS. The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of Six Hundred Nine Thousand Six Hundred Eighty Seven dollars & No Cents ($609,687.00) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $ 554,261.00 Total Owner's Contingency $ 55,426,00 The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Partial and Final Payments will be made as provided for in the Contract Documents. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: ITB-2020-069-JC Madeleine Village Building Renovations&Site Improvements 1 For City: Housing & Community Development 555 17th Street Miami Beach, FL. 33139 Phone: 305-673-7000 Ext. 26421 Attn: Pablo Gomez, Sr CAP Project Coordinator With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Florida Construction & Engineering Inc. 155 Bentley Drive Miami Springs, FL. 33166 Phone: 305-883-7601 Attn: Johnny Dao Email: jdao(fcebuild.com ITB-2020-069-JC Madeleine Village Building Renovations&Site Improvements 2 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA A4 3 27 2Cf � By: Rafael E. Granado, City Clerk Mayor [seal] INCORPORATED/• ATTEST: ''kR2° FLORIDA CONSTRUCTION & EINGEERING INC. __ /6/2ry By: Name: a e '1\ EL/ IES Name: [seal] • APPROVED AS TO _ FORM&LANGUAGE &FOR EXECUTION LJ 3' 3 Zo City Attorney ;(— /2 ( \n Cate ITB-2020-069-JC Madeleine Village Building Renovations&Site Improvements 3 ATTACHMENT A . RESOLUTION COMMISSION ITEMS-AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Competitive Bid Reports-C2 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: February 12,2020 SUBJECT:REQUEST FOR APPROVAL TO AWARD INVITATION TO BID (ITB)2020-069-JC, MADELEINE VILLAGE BUILDING RENOVATIONS AND SITE IMPROVEMENTS. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Managers recommendation pertaining to bids received, pursuant to ITB 2020-069-JC, for building renovations and site improvements at the Madeleine Village Apartments. BACKGROUND/HISTORY The Madeleine Village Apartments,located at 7861-7871 Crespi Boulevard, Miami Beach,FL,consists of 4 buildings containing 16 residential, studio units. The buildings are single story structures with an elevation of approximately 14 ft. and 6,928 GSF. This property is classified as a "Contributing Property' to the North Shore Historic District. It is in the Post-War Modern style. The property was designed by Lester Avery and built by A.Altman Builders in 1952.The apartments require significant renovation work in order to return them to a state of sufficient aesthetic and functional quality,which includes work to the exterior walls, replacement of railings, new concrete landings, new exterior drainage,new permanent fencing, refinishing of exterior brick, waterproofing exterior planters, replacement of entry doors, patching and painting of interior walls and ceilings, new high efficiency interior and exterior lighting,and the addition of stacked washer/dryers to each unit. The Office of Housing and Community Services was awarded a grant for this project from the U.S. Department of Housing and Urban Development ("HUD"). This project is being fully funded by Community Development Block Grant ("CDBG") and Home Investment Partnership("HOME").The grant amount is$617,500. ANALYSIS On December 17, 2019, Invitation to Bid (ITB) No. 2020-069-JC, for Madeleine Village Building Renovations and Site Improvements was issued. In order to provide information to the prospective bidders, a voluntary pre-bid conference and site visit was held on January 6, 2020, with a second pre-bid conference and site visit held on January 17, 2020. Bids were due and received on January 28,2020.The City received a total of three(3)bids.The City received bids from the following firms:The BEC Group Services, Inc., Florida Construction and Engineering, Inc.,and RJ Spencer Construction.See Attachment A for a tabulation of bids received. The Procurement and Housing Departments have also verified that the lowest responsive and responsible bid submitted by Florida Construction and Engineering, Inc.,including its project references,meets the requirements of the ITB,including the following: 1. Bid Guaranty: Bidder shall submit, either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500,General Conditions,or by certified check,cashier's check. Florida Construction and Engineering,Inc.submitted a bid bond for 5%of the bid amount,as required. 2. Licensing Requirements: Bidder shall be State of Florida Certified General Contractor in the State of Florida, Division of Business and Professional Regulations OR Miami Dade County Licensed Contractor to be considered for award. — Florida Construction and Engineering, Inc.is State certified as a General Contractor. Its State license number is CGC1528496 and expires on August 31,2020. 3. Previous Experience of Bidder(Firm): Bidders must have successfully completed at least one(1) project of at least similar scope and budget within the last five (5) years, wherein the project was subject to Davis-Bacon Wages and/or other wage requirements. Florida Construction and Engineering, Inc. provided the following project similar in scope and budget: 1) MIA Ticket Counter G-H, MDC Aviation,Interior Renovations($1.7M),completed in 2018. Florida Construction and Engineering, Inc. Florida Construction&Engineering, Inc.was founded in 1987 in Miami, Florida performing projects for residential, commercial and industrial clients. Florida Construction & Engineering, Inc. has also ventured into public projects as a heavy and civil engineering Coversheet Page 2 of 2 general contractor. Florida Construction & Engineering, Inc. offers a scope of services as General Contractor from major renovation improvement projects, A to Z building construction and project management and consulting services. Florida Construction&Engineering, Inc. has participated in more than 100 projects servicing counties and municipalities as well as private clients throughout South Florida. FINANCIAL INFORMATION Grant funding will be utilized for this project. Below is a breakdown of the complete cost for this project: Project Construction Cost: $554,261.00 Contingency $ 55,426.00 Total Project Cost $609,687.00 CONCLUSION After considering the bids received and the evaluation of staff, pursuant to ITB 2020-069-JC, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Florida Construction and Engineering, Inc.,the lowest responsive, responsible bidder to the ITB for a total base bid of$554,261, plus$55,426 owner's contingency,for a total not to exceed amount of$609,687;and further authorize the Mayor and City Clerk to execute a contract. Applicable Area North Beach Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Strategic Connection Neighborhoods-Prioritize historic gems and create opportunities to build resilience into historic properties. Legislative Tracking Housing and Community Services/Procurement ATTACHMENTS: Description o i Attachment A ATTACHMENT A Bid Tabulation 2020-069-JC Madeleine Village Renovations and Site Improvements ° - Description The BEC Group r Florida Construction and Engineering(1) RJS Construction i; Lump Sum:Total(Total Base,BJd) $ ,, 617,041.°20. $,,;;', „ ; .e', 554,261 00. $ `-:636;065:00 (1)Recommended for award. J ATTACHMENT B SOLICITATION (ITB) AND ADDENDUMS M E AM IBE4PROCUREMENT DEPARTMENT ; 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID(ITB)2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS &SITE IMPROVEMENTS January 21, 2020 This Addendum to the above-referenced Invitation-to-Bid (ITB) is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). No, urther..uestion`s will be°considered,.and no further extensions will b.e made.. REMINDER. ITB DUE DATE AND TIME.The deadline for the receipt of bids is until 3:00 PM, on Tuesday, January 28, 2020, at the following location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139. II. RESPONSES TO QUESTIONS RECEIVED. Q1: Are the countertops to be removed? Al: The countertops and kitchen cabinets are additive alternates. Please provide this pricing as an alternate as identified on the bid form, but not as part of the base bid. Q2: Are the railings to be replaced? A2: Railings are to be replaced as noted on the plans. Q3: Does the washer and dryer structure need to be removed? A3: The existing washer and dryer structure is to be removed including all electrical and plumbing, as per the plans. Q4: Has the contract for the seawall replacement been awarded yet? A4: The seawall replacement contract has not yet been awarded.The awarded bidder for ITB 2020-069-JC shall closely coordinate all work with the seawall contractor(s)to assure that all schedules are met and that all work is done in conformance to the ITB requirements. Q5: Are the stairs to the entry doors to be repaired or replaced? A5: All stairwells leading to the entry doors are to be replaced in their entirety as shown in the plans. Q6: Can the insurance requirements be lowered? A6: No. 9 ADDENDUM NO.2 INVITATION TO BID(ITB)No.2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado(a)miamibeachfl.gov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000, x26694 JasonCrouchCa,miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sinrelyillli , Al x D-- s P e, urement Director 2 ADDENDUMINVI7ATtON TO BID(ITB)No.2020-069-JC 2 NO,2 MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS n � I AM I BEAC DEPARTMENT r � , 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.nniamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID (ITB)2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS January 15,2020 This Addendum to the above-referenced Invitation-to-Bid (ITB) is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). MODIFICATIONS. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 PM,on Tuesday, January 28, 2020, at the following location: City of Miami Beach, Procurement Department, 1755 Meridian Ave,3rd Floor,Miami Beach, FL 33139. II. CLARIFICATION(S). A second site visit is scheduled for January 17,2020 at 2:00 PM,at the following address: Madeleine Village Apartments 7861-7871 Crespi Boulevard Miami Beach, FL 33139 Immediately following the sttevisit,the City wrll conduct a,Second Pre-Bid Meeting at tithe .. below address City of Miami Beach Procurement Department, Conference Room 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance(in person or via telephone)is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the Telephone Number: 1-877-873-8018 (2) Enter the Meeting Number: 6312925 and then press the pound (#) key III. NEW ATTACHMENT(S).The following attachment(s) have been added to the ITB. Exhibit A: Door Specifications Exhibit B:Amended Demolition Sheet Floor Plan (A1.11) ADDENDUM NO.1 INVITATION TO BID(ITB)No.2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS IV. RESPONSES TO QUESTIONS RECEIVED. Q1: Is demolition of interior floor tile required? Al: Please see attached Exhibit B. Demolition of interior floor tile is no longer required. Q2: What is the required door size? A2: Please see attached Exhibit A. On page 2 of Exhibit A, the highlighted door panel is a maximum panel height of 79.25"and a maximum door panel width of 35.813".This will fit within the existing opening. If need be,there is also a smaller standard size listed. Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranadona,miamibeachfl.gov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000,x26694 JasonCrouch(a,miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, — Alex Denis Procurement Director 2 ADDENDUM NO.1 INVITATION TO BID(ITB)No.2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS ```,,„,.1111(..111..',.' ,i ,„ 1HERMAI1RU . =_ �� ;= N DOORS _":. <gill M � F ` oFiber-Classic & Smooth-Star" , "' o0" rp � In m in Ili ‘ ") ors z Iib aae : a "za Ern zm°ma N £yg 9do`a COMPOSITE EDGE 37.75"MAX0.A. n d .a m da- FRAME WIDTH 1 o ` ' GLAZED FIBERGLASS SINGLE DOOR a LLINSWING/OUTSWING "IMPACT' € i' NZ 172 /,/ m $ GENERAL NOTES i tt o zo 0 1. This product evaluation drawing has been developed in compliance with the 6th Edition(2017)Florida Building z 3 • m cp ✓ Code(FEC)including the"High Velocity Hurricane Zone"(HVHZ). q z " w w w 2. Product anchors shall be as listed and spaced as shown on details.Anchor embedment to base material shall be m c.2 i X ® .6 n beyond wall dressing or stucco. p o a v x = o F e 3. When used in the"HVHZ'this product complies with Section 1626 of the FBC and does not require an impact ' Lua a a o resistant covering. LL ✓ LL /// -,m • 4. When used in areas outside of the"HVHZ"requiring wind borne debris protection,this product complies with FBC ESections 1609.1.2&R301.2.1.2 and does not require an impact resistant covering.This product meets missile level / a o "D"and includes Wind Zone 4 as defined in ASTM E 1996 and FBC Sections 1609.1.2.2&R301.2.1.2.1. N. V N. N 5. For 2x stud framing construction,anchoring of these units shall be the same as that shown for 2x buck masonryN construction. N z d O g 6. Site conditions that deviate from the details of this drawing require further engineering analysis by a licensed • rn • engineer or registered architect. to o0 A 7. This product meets the water infiltration requirements for the"HVHP. 2. CI c 8. Outswing configurations using Coastal Sill(item#19)&Composite Sill(item#16)under active doors meet water 5 i .g Infiltration requirements for"HVHZ'.M other configurations do not meet the water infiltration requirements for the -o. - DESIGN PRESSURE S DESIGN PRESSURE(PS F) and shall be installed only in non habitable areas or at habitable locations protected by an overhang or (PSF) (P F7 -Z.:w canopysuch that the angle between the edge of canopyor overhangto sill is less than 45 de degrees. 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(2017) FBC JK e!V P,O. Box 230, VDlrico, FL 33595 N v cn NO DATE BY HORIZONTAL & VERTICAL phone No.: 813.659.9197 REVISIONS CROSS SECTIONS (2X BUCK) FBPE C.A. No. 9813 0 2016 R.W.BUILDING CONSULTANTS INC. R:\Clients\Therms Tru PERMANENT\A-Florida Product Approvals\FL-20470 HVHZ TT-Composite\C-Drawings\FL-20470(2017)\FL-20470.7-9.dwg,5.1 . 73z 0 co co d , , 4 4' e V1 N a. _____,-,-111("-9.74. � a O 2-o p _ �N ® '� — O ff Cr Ay 1:1 0 0 _ O 0 2 \/.'� % U Fri Z e O n Q 0 o m 0 m cl e c N CL 0 a o' O A v, Osm III o \ D r, : A •• .3.Z 4 m , v 70 1 O <n w 0A I A O�= O mf 0 ® _, IIIb --"rnit: �z 01 . A, C r tom �� w .,N 0 _Milli r0 N v'. 0 mI: 0 co A f` ,o0t. As''% �` \;.••�cENSF 'T /? ,-- No.43409 _ Zi./17:.° ir I" P _ PRODUCT: Documents Prepared By: _ t3 MOF • A �' r�1- oTHERMA-TRU Lyndon F. Schmidt •"1:6%• AZORI1A..✓.G,�� I'A o zo Z\ FIBERGLASS DOOR P.E. No. 43409 '';;;,i3ONA�iia.`.. oo V•• - ` --I N PART OR ASSEMBLY: /-/�� BUILDING CONSULTANTS,tfietttG_ IO T2. N cn\ 1 7/14/17 UPDATE TO 6TH ED. (2017) FBC IK .V 1 P.O. Box 230, Volrico, FL 33595 Na v Cr) NO DATE gY HORIZONTAL & VERTICAL Phone No.: 813.559.9797 REVISIONS CROSS SECTIONS (1X BUCK) FBPE CA. No. 9813 0 2016 R.W.BUILDING CONSULTANTS INC. – \\00111111111o/,,,?�,ss�� ,' . O: =z: 1 1111:3 © ��—� 1.S' 0 • t 1.5' N',7 Zs410:-:-.- - 6 MAX. MAX. V',' c`* o c c;r) ..... ''''I.,.1111 pll \\\\\`` N>° m "iiO Q O � Q z000 0n••Z j j �� g to i o=cdi mo OGO /_... s- 000 a m p 9 o L a O C d E o INTERIOR a ' ' c Iii C T. EXTERIOR EXTERIOR INTERIOR / z 3 -61E.2) � tOVERTICAL CROSS SECTION .,VERTICAL CROSS SECTION Ce F 6 Shown Direct to Masonry. • 6 J Shown Direct to Masonry o Outswngonly w/49/16'jamb Outsvngonlyw/6-9/16'jamb � �� m �� F c4 W ''o0 m N a z,= & w a a h 0 Q O O Q N ,,, x._ ` Z • E z+ INTERIOR 1 1 n_ u \/( 000f /3s410: ❑ u s / _.p `. ` J n n?: \ np 4111 INTERIOR a �� y AMINIMMilk .111111111k ©, mj)=�� \\\(Ill © r mOm ©Q 2. E. 1-1/4 MIN. `N F 111, ��. nI I , z IA EMB.(TYP.) 1111111111N.,. . \ \ ,, 0 EXTERIOR edy © • I �� E r:.. a LL EXTERIOR 1-1/4"MIN. 1-1/4"MIN. r ^z v EMB.(TYP.) EMB.(TYP.) 0 EMB. MIN. E (TYP.) DAM 08/02/16 i SCALE: N.T.S. ° O HORIZONTAL CROSS SECTION HORIZONTAL CROSS SECTION C.B+': JK W 6 HORIZONTAL CROSS SECTION 6 HORIZONTALnCROSS SECTION 6 Shown Direct to Masonry 6 Shown Direct to Masonry. 6 Shown Direct to Masonry 6 Shown Direct to Masonry CNK.ar LFS 3 Outsw ng only w/4-9/16'jamb Outsw ng only w/4-9/1amb Outswing only w/6-9/16'jamb Outswing only w/6-9/16'jamb DRAWING No.: d € FL-20470.7 0 CH6 of j2 EEr U ```.`VVVVI111VI1/a,y i. Notes: �� ""'l/ ''e 1.Sill Item#'s 17,18,32,34,35,36,37,38 8,39 are attached to Jambs w/(3)#8 X 2-1/T pfh screws at each end. .Q., Sill Item#'s 16&33 are attached to jambs w/(2)#8 X 2-1/2"pfh screws at each end. _�Z; t, m Sill Item#l5 is attached to jambs utilizing(2)#10 X 2"pph SMS at each end. =V:`� * b �y n •�'.•. • o rn ., .•PFO ,\% o m.- III'', INTERIOR ,. EXTERIOR INTERIOR r A. EXTERIOR 't I MO z d m o tm" UN••Z V N f Em z mZo 000 0 000 0 n Y y g p 2 a SEE NOTE 1 ��1,� ®®® SEE NOTE 1 ®©®®® o �,a fr- i © 4 di C71' '. .c. e 8 J. a . � rc 841 I Qu - e • . wp E ern n in z tEl U o C rn OVERTICAL CROSS SECTION o 0 7 Inswing Sill 2 VERTICAL CROSS SECTION a a 0 7 Inswing Sill 'm u U K m 0. 8 EXTERIOR / v INTERIOR k EXTERIOR pbOR00CN ©.s © SEE NOTE 1 ^�MINIM o ,, Ailialir-r-MP 11 -M___ 11"1111714 n _ p f o \o 5 . 6 e ° .-O 0 " me 08/02/16 2 S21 N.T.S. I 7 VERTICAL CROSS SECTION O VERTICAL CROSS SECTION 6"6•e' JK m F7, Outswing Sill(Coastal Sill Shown) € 7 Public Access Sill CHK.BY: LFS 3 0200055 NO.: FL-20470.7 0 SHEET 7 OF 12 G zz Except as provided in 13.1, in no event shall either Party be liable, whether in contract or tort or otherw ise, to the other Party for loss of profits, delay damages, or for any special incidental or consequential loss or damages, of any nature arising at any time or from any cause whatsoever. It is agreed that the City's maximum recovery against Consultant for any damages, claims, costs, or expenses arising under the Agreement, whether in contract, tort or otherw ise, is limited to the amount of the Consultant's fee under this Agreement. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales, City Manager With a copy to: Property Management City of Miami Beach 1833 Bay Rd, Miami Beach, FL 33139 Attn: Adrian Morales, Director/Lincoln Road Manager All written notices given to the Consultant from the City shall be addressed to: Leo A. Daly 800 NW 62" Aven ue Suite 100 Miami FL, 33126-4991 Attn: Eduardo S. Egea All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VE NUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Da de County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSUL TANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are 25 R:\Clents\Therms Tru PERMANENT\A-Florida Product Approvals\FL-20470 HVHZ IT-Composite\C-Drawings\FL-20470(2017)\FL-20470.7-9.dwg,8.1 A C ]ret -1 toC C n Z IT o 1°Ni_I 41 16"MAX. I I 4"(TYP.) 1-.—1- 0.C.(TYP.) � m n To I:• 7.F©©00 Z X x r) y D.T 00 O Z y >t P, <O x Z 14"MAX. I - 1 6"(TYP.)—.-1O.C.(TYP.) "I . D w =m x H la N2 111111 `•‘`‘*,SCHM/Oii V•.•'ycvi '. . 7No.43409 L 7 * *-. I 72'(/7-'U i P _ PRODUCT: Documents Prepared et ipt BTATEOF -- r�1 77 —TRU Lyndon F. Schmidt *j�•'••. OR10t: �� I� to 0 Z a z o- FIBERGLASS DOOR P.E. No. 43409 /'/,S'S/1�t�AL, G‘• ` ' r— , -i N PART OR ASSEMBLY: gii.BUILDING CONSULTANTS, INS INJ A to 1 7/14/17 UPDATE TO 6TH ED. (2017) FEC JK BUCK & FRAME ANCHORING J1`�/j/ P.O. Box 230, VDlrico, FL 33595 v rn NO DATE BY Phone No.: 813.859.9197 REVISIONS FBPE CA. No. 9813 (5)2016 R.W.BUILDING CONSULTANTS INC. ````dsllll*1N .!,,,, �t9�. _g :,o � •`�O— m J= L g o. =0 4( 153 2 • O� ci z s4,,•Q� n 2X BUCK O in o 8 O ''''i�> pF•••` j ry �I/11 llttO% w ^ ix BUCK 0 ■111 SEE HINGE o n z° DIRECT TO ©�.11II0I� DETAIL(TYP.) .; U a o • MASONRY — V N 1 2 o z I II S °a g.m cw oa 2X BUCK® r va maaE IXBUCKO In ® ii h o= —w SEE TONGUE .2 Li (r•' DIRECT TO©�� ' o STRIKE DEIPJL = 2X BUCK O o° d nt . MASONRY k o o ITYP.I Y 1 °' LATCH&DEADBOLT DETAIL E0 4 elm N= 4 1X BUCK 0 poi co a Kwikset DIRECT TO ©-.M1111 IiI ® i t MASONRY Ili ® rx in E 0 1 0 0 SEE LATCH 4 /1) _ TONGUE STRIKE DETAIL §g m 2X BUCK O &DEADBOLT SEE LATCH Multipoint Lock w 0 Q. &DEADBOLT 1 X BUCK DETAIL DIRECT TO M 0 o, MASONRY _N� Security Sub 0 Strike Plate- j. o La �� .>_ o 0 a. 2X BUCK O ' ,m �I I II :` 1X BUCK OI,AI� DIRECT TO u ® l Io�® STRIKE JAMB HINGE JAMB STRIKE pointLJAMB MASONRY �,�r N. k 2X BUCK i' Latch and Deadbolt Multipoint Lock ` 1 1X BUCK i w _ DIRECT TO© /��I �� O MASONRY oLATCH&DEADBOLTDETAIL ® O 2X BUCK Multipoint Lock e LATCH&DEADBOLT DETAIL 4 OIXBUCK 0 z n Schlage11:1) ^ m il 0 DIRECT TO \w i ■ :!-•r- a LATCH&DEADBOLT STRIKE DETAILS © DrnnsCOriRY �I Ir` MASONRY MULTIPOINT LOCK STRIKE DETAILS ^,..o 0 �.. - ■�I ® z a DATE 08/02/16 OScuE N.T.S. DEADBOLT STRIKE DETAILSDWS.BY: JKco ‘ii- HINGE DETAIL (Security Deadbolt Strike Plate) CHK.BY: LFS 3 DRAWING NO.: D: o FL-20470.7 0 B SHEET J OF 12 `� O ````Illllillll ..9 if, EXTERIOR �• IN t�S N CELLULAR N•, d GLAZING TAPE f 1/2'GLASS BITE z rcWe O� n 1"THK.GLASS '' •.' .� e °o W Nilik � 1/8"TEMPERED GLASSr. �� a. ��i�i �(PF�� >°k7.. 4 111 11;\� n 1/2'AIR SPACE �� o°n°D zimil S mom ° 5/32"ANNEALED GLASS \ �` . U N , N 2 xZd -• INTERNAL GRID(GBG) WROUGHT IRON INSERT V N oX u° 9 m c w DOW 995 mamma!I 1 _t 0.090"PVB INTERLAYER u` rn g d c°a I . r OR F `' (SAFLEX OR KURARAY BUTACITE) •g v SIKH 552 \1 E o`z° 116"ANNEALED GLASS #10X1-1/2"PPHSMS X rr y o �a IR INTERIOR SWIGGLE GLAZING SPACER r rr 7°...... co n % 111111j' a' J_. GLAZING DETAIL o S G0 Aluminum Impact Ute Frame Door Panels&Sldales �S m z PRIVACY INSERT DECORATIVE INSERT t� ya Wm 'd cO --{ 20.88"D.L.O. M o N I WIDTH 1"LAMINATED INSULATED IMPACT GLASS INSERT OPTIONS 0 a a -am v U 8 k m yIn 1.53" _ 0 o o O y 0 T Arta h r` #1 0 X 1-1/2"PPH SMSo -'_ i LI It L ITYPJ N. z to 0ALUMINUM FRAME -.--I Fes- O 0 3A Aluminum Impact Ute Frame (NTMP•) a WE:08/02/16 i iDoor Panels&Sidefites on DSrtke N.T.S. a w ALUMINUM UTE FRAME _ DWG.BY: JK _m I CHK.Err: LFS 3 € DRAWING NO.: m FL-20470.7 a 'IgSHEET 10 OF 12 O R:\clients\Therms Tru PERMANENT\A-Florida Product Approvals\FL-20470 HVHZTT-Composite\C-Drawingu FL-20470(2017)\R.-20470.7-9.dwg,11.1 1.55'-- 1.2r • II r 1.35' i r_1.55' , - . I 155 w ,;,.. sz... w ._. . 11 ® w . _.., , ,,.. ,...., , ,—, :::„.....,L, , ,. , , 27 yN i ill 1 a ,o _. ,G, 4. 00 3x AA ... c. m� '.�1 00 � Ai _ U o w y 3 H yI m n= m a, x a z a -,� '. UO •_r...,.y n0 nO HO a • >6 06 06 G6 .. y •m N V ., La . W ,.„ , ., ._ .1.55' 0.45"-�{ 1.3 r 1.5'-r . . I .. " - -- ... ._. . ,....,-..if T ii h . .. i J0082 eh Q On 0 1 1 nff v07�>o c J am u >0o In0 3 voyy zm a ge y A a �p ^ 6 r y 0.91" I i O N - p nr +III i II 0.5" 0.68"--I f--- 1.5" I 1.01" 1.01' I- 1.25' 1)1 n 0 Vii''. on 00 r wG "'all 08 � � � � ii0 L.Z �.� •z a Z - cn C A 51 I'- �. ,,, r, N c 1 I� '^ - m 01 • rraZ I - 30 1 30 4. 6 0 e6 y6 S 6 o 6 10.75' ii I-- I ```ttttlt 11111,,,, ,. F:SCNIyip i." G�� NyCENBF . . 7-24./7-=* * :*- '8 I x n ¢{� Y - PRODUCT: Documents Prepared By: . �t 81ATE OF .• 4 r - THERMA—TRU P.E.Lyndon F Schmidt •-;-.1s...rtIOR8)1L.:G��` I ha c . FIBERGLASS DOOR //i/S/O(�(ALbi ��‘S o V y X ci 1 7/14/17'UPDATE TO 6TH ED. (2017) FBC JK PART OR ASSEMBLY: �C(/j/PA.Box 230.ING Valricce S. 33595 Io o UU N v o NO DATE BY COMPONENTS Phone No.: 813.659.9197 REVISIONS FBPE CA. No. 9813 0 201 6 R.W.BUILDING CONSULTANTS INC. -- \\.\"I II I 11114 J1/i BILL OF MATERIALS BILL OF MATERIALS .,€ • �C% ITEM# DESCRIPTION MATERIAL ITEM# DESCRIPTION MATERIAL t 2 r 1 6 p', n A 1X BUCK(SG>=0.42) WOOD 25 #8 x 2-1/2"PFH WOOD SCREW STEEL .): a * g:�zi" B 2X BUCK(SG>=0.42) WOOD 26 #8 x 5/8"PFH WOOD SCREW STEEL .. \ W y�� _ C 1/4"MAX.SHIM SPACE - 27 LATCH STRIKE PLATE STEEL �',,,>•••••. . •'',' 8 m M D 1/4"X 2-3/4"PFH ELCO OR ITW CONCRETE SCREW STEEL 28 DEADBOLT STRIKE PLATE(STANDARD) STEEL 0',,,, 4(PF.\\` MASONRY-3,000 PSI MIN.CONCRETE CONFORMING TO ACI 28A DEADBOLT SUB STRIKE PLATE STEEL 1j 1IIIt�� o 0.'m 6 E 301 OR HOLLOW BLOCK CONFORMING TO ASTM C90 CONCRETE 288 DEADBOLT STRIKE PLATE(SECURITY) STEEL "� o x z 4 G 3/16"X 3-1/4"ITW CONCRETE SCREW STEEL 29 4"X 4"HINGE STEEL t4 E E m Z r8 o 0 J 1/4"X 3-3/4"PFH ELCO OR ITW CONCRETE SCREW STEEL 30 LATCH&DEADBOLT STRIKE PLATE(TONGUE SYSTEM) ALUM/COMP 1\ 9 a m"� IT.:a W L #10 X 2-1/2"PFH WOOD SCREW(1.15"MIN.EMBEDMENT) STEEL 31 MULTIPOINT STRIKE PLATE(TONGUE SYSTEM) ALUM/COMP . M 3/16'X 2-1/4"ITW CONCRETE SCREW STEEL 32 INSWING THRESHOLD ALUM/COMP g .Z N 3/16"X 2-3/4"ITW CONCRETE SCREW STEEL 33 INSWING THRESHOLD ALUM/COMP g la 1 JAMB(FINGER JOINT PINE) WOOD 34 INSWING THRESHOLD ALUM/COMP 6 WEATHERSTRIP(MEDIUM REACH) FOAM 35 INSWING THRESHOLD ALUM/COMP • 7 WEATHERSTRIP(LONG REACH) FOAM 36 INSWING THRESHOLD ALUM/COMP 8 SWEEP VINYL 37 INSWING THRESHOLD •ALUM/COMP . no 9 SWEEP(USE.W/MODERATE CLIMATE THRESHOLD) VINYL 38 INSWING THRESHOLD ALUM/COMP ry N 10 SWEEP(USE W/PUBLIC ACCESS THRESHOLD) VINYL 39 INSWING THRESHOLD ALUM/COMP zs 15 PUBLIC ACCESS THRESHOLD ALUM 40 DOOR PANEL(BOOK) - _� N 16 OUTSWING THRESHOLD ALUM/COMP 41 DOOR PANEL(HYBRID) - ~m 17 OUTSWING THRESHOLD ALUM/COMP 42 DOOR PANEL(U1) U m 18 OUTSWING THRESHOLD ALUM/COMP a a 3 19 COASTAL OUTSWING THRESHOLD ALUM/WOOD 22 #8 x 3/4"PFH WOOD SCREW STEEL , ,m 23 #10 x 3/4"PFH WOOD SCREW STEEL 24 #10 x 1"PFH WOOD SCREW STEEL -E n a o i ,.c.2, CONCRETEANCHORNOTES: d cno E 1.Concrete anchor locations at the corners may be adjusted to maintain the min. 0 edge distance to mortar joints. 2. Concrete anchor locations noted as"MAX.ON CENTER"must be adjusted too maintain the min.edge distance to mortar joints,additional concrete anchors ` may be required to ensure the'MAX.ON CENTER"dimension are not exceeded. 1? 3. Concrete anchor table: j lyilN CLfARANCt. MIN CLEARANCE ANCHOR ANCHOR MIN TO MASONRY TO ADJACENT �w i TYPE SIZE RMBEDMENT EDGE 'Z.( f f ITW TAPCON® 1/4" 1-1/4" 2" 4" O 0 LLZ a ELCO ULTRA ON® 1/4" 1-1/4" 1" 4" DATE 08/02/16 E < -� I1W SCALE -' E N.T.S. �a ® 3/16" 1-1/4" AS SHOWN 1-1/2" DWG.Rh JK m TAPCON WOOD SCREW INSTALLATION NOTES: CHIC.Br: IFS 3 G: DRAWING NO.:1.Maintain a minimum 5/8"edge distance,1"end distance,&1"o.c.spacing of m g' wood screws to prevent the splitting of wood. FL-20470.7 0 11 SHEEr 12 OF 12 N a Exhibit B Amended Demolition Sheet Floor Plan (A1 .11 ) ADDENDUM NO.1 INVITATION TO BID(ITB)No.2020-069-JC MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS Ak WOVE PANT FROLI PREPARE SURFACE TO "'_'.:N'.. pEmo s COPE OF WORt . DEMO DOOR ,...,.„. '71C`relTBASED ON EXISTING 1 . &DOOR FRAME ',1,741. ri;. CONDITION Of MASONRY CENO DOOR 6 DOOR FRAME," ... REpLALE:,. r_.21..7. „STRUCTURE DEMOLITON OF EASING UWERMRTED STRUCTURE FOR WASSERJORVER AND.REMOVAL Of WISNER AND DRYER MOUTON OF ESOTNO GARBAGE , • • .1 :.-l ''''''-- ' q ..1 I."' -- , STRUCTURE EXISTNO ELECTRICAL AND MARIBINO FOUMENT TOSE CAPPED AND TIED Of I AMR REMOVAL OENOL RION 0,001 EXTERIOR DOORS AHD ...------..--..----------- 113,DOOR'FLUES exsrgo BRKK MOE SANOBLASTE0 AND PREPARE.°RECEIVE REV PAINT -------.- ,i'..• .1'. ';'... •I,:d• EXISTING STE.S TO RECENE NEW OVERLAY TOSS.. INitcH74:"."rve:[:;';'77+E'm • ADD AI TERNATF 13.NO , i ,i • • • j •7 ... . .... . , '4 L. . . . . • • . • • . . i REPLACE ,,i '-'1' NE; 1.1) JN1;2-C I MANDRALS ,i 1: DELLO R 0 FOR I = 1 E DEMO LEGEND W DOOR DEMO : EXISTING 3 T A.19%30ial,:I 1:E. : `.: : ' RaVEETTIE7141'20=1 .• g T-: UN,ERNITTED . Zi'llt0Ogli'°. i t .4-c-At 1,117, STALJETFLICENE , , . . . , , . „ : , A 1.;;;:::.:d EXISTING r UM WALL DELLO V'CLIU WALL , STRUCTURE • °VERN`, FOR LOCATION 11 PA k, . • ,--- ----, 1 ::: r !! ,r __ ,„-2 ENVAI'SXICIIEN CABIN i EXG1140 1-.1=i',' gi LOCATOR i:: EOUPLIENT TO RENOIR TIP , l'OT VET.074: : T. 0 1-11 I W 13 al I''i 1, R • • I.:' i '••-••-• L LiI . "...',,,ZMaiijatitt.......,, =,,M,Sa2e2S., -,,,,moNamar%Nt4tatmm- REMOVE PANT FRON ILLNALIVILMGADIL C.=3- g WATER A SANRARy LAB TO Of CARPED ' Ei JL CI 1, 1 1,.. E3 i LD ,.-—lri A i-1: L , , CO CO 50 1/ n • ,• i A A .CONDITION OF MASONRY 11 REMOVE PAINT f RON FASTING i I g-eq .,. , 0R.AND i Il 117'C'S-11 . . , : g PREPARE SURFACE TO RECENE, , ,___ , . : qC- =1= _ . . , . gg.ggovggggv2.,gw. '"'"°"C"' . ''' ''''.-rAlifglICENE i A : . • DASME0 LINES TOSE DENOLONED. SEE DENOLITION NOTES SOLID LNES TO RENA0 MST.CORDITOY OF LIASONRY. 1; , t , . OVERLAY.•-- - i / , , . . . . : ,,,_/ , OVERLAY. . : ..• • • . ...INiT 3-1 I. DEMO UNI1 4-A .• : GENERAL NOTES: DEMO NOTES) UN:I-3.; :mops, 1i UNIT 4-B • • Op . .:...., , COOR RTATr..1,T Of CrIM9 LA.ICF. INERE7S1:0'Sr:NNEWOERVOI:g:ACTTIgr'"A""'""'''''.''''" t .• , . .• . : it..A.-k-'i'..;‘••'\.., i Runs £i .11...)-'r iLT:C)\.1 i 1 . TO THE 0 ESTOF LIVRHOWLEDGE.NLESE DRAWINGS ARE . .• .1. •' • MST.CONC ,, 'q,'...: . ,...V,, I fi .! COMPLETE AND COMPLY W.THE FLORDA SUL DWG 2.ANYCONDITONS HOT SHOWN ON DRAWINGS SMALL BE BROUGHT TWINE SUMMATE CODE AND PERTINENT STATUTES.CODES.RULES AND ATTENTION OF ARCHITECT DI WRITING AND VERBALLY PRIOR TO CONSTRUCTION .02'41 • • '1 ""TarAVNI. i;..»;;.= 31:;.).--;,-,--)!. • i .13!I. 1 ''''-''. ; ! A 3 ALL WOFOLMANSHIP Sall SE Re kr.0155N TRUE AHD CORRECT. C.1 ,L —1=-1 ,---..„-- , TAIii1ORECFNE REGULATORS REFERENCED THEREIN LULDZIALSE 111JAPLILDAIL3119. . 4.TX:CONTRACTOR SPIN.L PROVIDE TNE NECESSARY TEMPORARY CLOSNO OF ALL NEW hd ZWV41`1.1,1: L_ - 4=1 . 8 FE., -IS 11,/i • . ssos -IT , • - A REAL OVE DEORM RVOBISH 0114ER NATERALS RESULTING FROM SELECINE DEMOLETION VERATONS FRC.BULDNIOS SRL LEGALLY TRANPORT AND OPENNOS C.1 WALLS.ROOFS OR ELMS AT THE DID OF EACH DAYS WORK TO KEEP,. EL11.01.NO W FATHER TIGHT COO SECURE. •• 0 CONSAT WNRCRITECT-• - -1 4.1. _ 1 . ERSACISE OF NATE...SWF SU DNA PEOULAIR USG 'LltrTNEECSTSOMETLIglIVAIMEAVIngrONTE"Nr'"" 0 REGARDT.IO COATING CASED ?.,,,. L... REPLACE. RE PLAcE gAgaMCP,T .ACCUMULATOR°,DEBRIS ON THE SITE WEL NOTSE ON EXIST.CONDITION OF DENO DOORS HANDRAILS COSONRY. OCOR A DOORFRAMES ALLOWED 0 RELIVE ALL PLUMBING NATURES AND ELECTRICAL EOUI,MENT FOR EAST,.WASHER PREPARE SURFACE 10 0 S AND DRYER INDICATED FOR REMOVAL ON ENE c., iii- -r '1.. '•.A°RRE°.CCAE.N.rN.IT.EE.C.N..TE...WRE.G.A...RND.I.N.G... ''0FR=IITCrAT07InC1=g.g271N:..g:g.1OML'IW9V!=IZ,X'"LT' C.STRUCT. NDENEPAOLSALM CEOFNAPLSATINGA`NOQMV°OARWTIE EODFFSYTON EW 2 9 u-A EXPOSURE OR E.IONNENTAL POLLUTION UST CONC ( .i),!. 1` ' , :< ...• •1:]!I• j -MST.CONC. i D BURNT..005 EMOVED WERKE WU NOT BE a THE.CONTRACTOR SMALL PROVOE ADEQUATE PROTECTOR TOML EXISTING WORIL.FURNONNOSAND FIXTURES/APPLIANCES THAT ARE TOSE RETAPIED.SO THAT THEY ..‘TV,VX. ..: :!.;.., 2., ... .... !,,,,,::::::::::, STAIR TO RECEIVE PERMITTED ON PROJECT SIM WEI NOTSE DAMAGED. , 1 1, g 1 Ei II >.=,`..:i • i ',:: c.i ...y.g, I IMF CONTRACTOR 3001.CORRECT AMY FASTING CODE VIOLATIONS OURIND TNE U -11.,-..,;'1;.!..-.V..; . . • : , PROCESS OF CONSTRUCTION.: \(..... ;-'.1..('-: UPON COMPLETION Of SELECTNE DENCAIDDR WORK. 4 ., : REPLACE . , P : REMOVE TOOLS 500151.7.0ND DENOLISKED LI/JERKS TO THECEHERAL CONTRACTOR SHALL VERIFY ALL DDIENS/ONS AND ENSTPOD CONDIT,. UN!' 1)N:1 1-i1 1(1 • 1 r KANDRALS 1 •••" g a coa an ' 1 gigjgnilalt'argilgra=Vg=rTa!'asagiVatVisTaTIOVONtavgavg 2 f§ 11:1 UN:f - . ZUg1=1,17.11gg'',.311f,rrl.,,,. AND RECOMMENDATION. IFI. - • A" It NTRACTOR TO VER,FTLY 1NE FIELD TNE CONOTION OF THE EARTNO MEOW • . ., • , • "'"*EI/E171;7. V,' '4fa,,,,E . . .. TNE CONTRACTOR 3.1L Of RESPONSHL E FORTNE MASEPIR Y AND CORSULT WITH THE ARCHITECT PRIOR TO PAINT REMOVAL.CONTRACTOR w !•'• OVERLAY. . . , • .., .. nR.ENT,EuYgL4NAD...110;AAR,,O,FcALL,,,,E:NZG,x111,111:NIC07,13. 2,0s7oSUL.T.W./AR.O,NZECT REGARDING COMING LASED ON EROTISM°CONORION OF I, • , ---, : • ,. r -I CONTRACT. 1, z 2 • I II:g'0,7g,I ,: k ...,, A . . , t , FRAMES •• • REMOVE PANT PROM ; 1 1. t ,: .. .•. • }.` -•••••-•••.•, . : IAA EXLSTNO SI.AND .,: E. ,. : CD I__. til , , JHE SECRETARY OF THE INTERIORS 0 ,'REPARF SURFACE TO .I • .. • ' . __,.U.a . La ''' 1 . . RECEIVE NEW ; . , ,, arainaralCalgUREMIEUP-. COATI s,0“,,,,, L,,CL,,,,,,,, ,i,..18•:.,n,CMP.1• ',27.-7,17=0 T.:,"=,,,,,VM..,... I n ; LII t Cl] J - 1•1$TORIC PROPFRT1FS. ARCHITECT REGARDNO . , 1„.. 1 . • . ; MOVE PANT FRON COATLNG we:,ON ENDING ,, ., . . : 0 it: ... ,.,, :., DEMO DOORS , . UL WON i A NO swam CORDITON OF MASONRY : '5, ,_______;- ,t, ,4 '; NSA0,,,,:;:r0,,si: ::::VE.:„30f0.00VIDE.:AES....fORPALVAITIOIKASOXR, "ig;.1;10,12 A A e 1 I RECEIVE NEW :. ' COATTRG RA0ED...TN. USE BIODEGRADABLE OR ENVIROVUENTALLYSAFE PANT REMOVAL . . ! l 0 0 0:1 RF:ADAT.C14,,R.T BYPALCNI.NG.SPL ICING.CONSOLIDATORS.OR Z WEi . .• • I •CONDIT.Of MASONRY • pRoo,,... ERWIDE REINFORCING THE MASONRY USING RECOONTLEO t ' i VSE PAKI.RBIOVAL METHODS POT DAKOTA POULTICE TOWHICII -rEll FR I i . ' PAINT ADHERES.WHEN F OSSOL E.TO KANT AND SAFELY REMOVE REPAIR!WONKY WALL AND OTHER MASONRY FEATURES BY • STAIR TO RECEIVE , • 1. EMU.CONC. 'j t :: °LOH.PANT. REPOLNTING THE MORTAR ANTS WHERE THERE IS EVIDENCE la CC 0 0 . . • - OVERLAY, : 1 ? _. STAN TO RECENE I 1 DETERIORATION.COGNAC OISMTFORATON MORTAR.CRACKS Pf ALLOW 0,0:1TRADIE0 CONSERVATORS LOUSE ABIASNE OR LASER. MORTAR JONTS.LOOSE BRICKS,OR DAMAGED PLASTER OVINE teil 4;i • ., UII T 2-11 I REPUCE II UNI f BA UNI I-I.B .• . • 1 ,i i PANORA. I .• . REMOVE OETERORATF 0 LWE MORTAR IF ANY UREFULLY CY RAND .I ,...,-.,,-?•'',. ,' • • : . APPLY COOKIE!E PAINT COATING SYS.TO POSTOR/CALLY.PANTED RAMO ENE JONES TOMO DAVAGNO THE AtASCNRY ., : ,:i...•;:• ,', • • . . 7 : EAST CONC. i ; MASONRY FOLLOWING PROPER SURFACE PRERA,LATON USE POWER TOOLS OnlY.RONZONTAL JOINTS ON SRO...MORRO REPAINT NGTORCALLY.PANTED MASONRY FEATURES WRI4 COLORS IN CONJUNCTON WITH HAND CHISEL NO TO REMOVE HARD MORTAR • STAIR TO MEN! . i THAT ARE AP PROPRATS TO LAE.BULDNO AND DISTRICT THAT LS DETERIORATED OR THAT 6 A NON.,OSTORIC NATERNL WHICH 0 Z . OVERLAY. SCAM.DAMAGE TO THE MASONRY UNITS LIKNANICAL TOOLS ' ,,,,,,..j.h.' i•.'41 •. . ..,.. . ., i. •1...ti. ;', t i PROTECT ADJACENT LIATERALS WMENWORRNG ON MASONRY SMOUL 0 SE USED OAT BY SIOAEO MASONS IN L NtTED E a .• FEATURES. CRCUMSTANCESAND GENERALLY NOT ON SHORT,VERTICAL JOINTS W . CRICK MASONRY 111 J i a:, , - REPLACE RANDRA“ .• e, CID, :.,) i .. i EVALUATE TNE OVERALL CONDITION°,TIE MASONRY W/ARCNITECT TS IJg IMPUSIratzg,T57.sozovverzr.--'. &-ur-gzolT.9=7-0.":"w-""--°:-"" a 0. •CC DENO DOOR ...lif;'./..OVE PANT FRON --03:r.., DEMO DOOR:1 L REPLACE I.DOOR FRAIIES MANDRALS APPLY P.SON4STOR,C SURFICE TALON NI,SUCH AD WATER. REPELENT COMO..TO MASONRY ONLY AFTER REPONTLIS AND n &DOOR l,... A: 471r,r.RA= ONLY IF MASONRY REPAIRS PIAVE FALCO TO ARREST WATER PENETRATION PROOLELLS RECEIVE Pr. PROJECT COATINO CONSULT W. ARCHrtECT REOARDING NORTH PIPLSGMIF 149010H 6 MUGU,1111 NEVIFORIC MOO 64TCMTIIE OLD OHAATEWL,13610X,SCALE.IXILOP.MD NISH.51/01/1.0 BE IMITED EXISTING/DEMO FLOOR PLAN COATING BASED ON FASTING CONISTON OF MASONRY III REKAMENTIN MD. r.;;ottzF. 1rS.RET LIT Ns, A1.11 i\AIAM BEACH ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms,conditions and requirements of the ITB. . Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked ( I=1 ). If the box is checked,the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. It is the Bidder's responsibility to become familiar with all terms, conditions and requirements of the ITB, whether or not included in the ITB Summary:Further, it is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB Summary that may result from an addendum to the ITB. ITB Information&General Requirements ITB No.: Madeleine Village Building Renovations&Site Improvements ITB Title: 2020-069-JC Date of Issuance: DECEMBER 17, 2019 Project Description& The Madeleine Village Apartments, located at 7861-7871 Crespi Boulevard, consists of 4 buildings Scope of Work: containing 16 residential, studio units. The buildings are single story structures with an elevation of approximately 14 ft. and 6,928 GSF. This property is classified as a "Contributing property", to the North Shore Historic District.It is in the Post War Modern style.The property was designed by Lester Avery and built by A.Altman Builders in 1952.The structural system is cbs iii.The foundation is spread footing. Exterior walls are stone veneer and stucco.The rehab will expose the blue stone veneer on all facades and planter boxes that have been painted over.The building has a flat roof. Asbestos and lead based paint tests proved to be negative. Status of Historic Designation: Designated at National Level:North Shore National Register District The City of Miami Beach's intention is to correct the identified deficiencies in the interior and exterior of the building, using materials that are environmentally friendly and systems that contribute to save valuable resources. The scope of the construction project is covered within the set of construction documents and specifications prepared by the KCI Technologies Inc,engineers,and Tamara Peacock,architect,and is summarized below: 1. Project is to be completed in phases as per plans. 2. Access and acceptable egress must be maintained to occupied units at all times. 3. Addition of stacked washer/dryers to each unit. 4. Plumbing and electrical will be reconfigured for new appliances. 5. Vents from the dryers to run thru the soffit. 6. New perimeter fencing and new handrails at each unit entrance. 7. New exterior drainage,bio swale,grading to walkways and Waterproofing existing exterior planters. 8. Sand blasting and refinishing brick and re-painting of exterior facades. 9. Replacement of each entry door,door frames&addition of new awnings. 10. Demolition of unpermitted,exterior washer/dryer,surrounding structure and storage. 11. Relocation of(2)windows 12. Relocation of(2)doors with new concrete entry landing and steps. 13. Concrete sidewalk work. 14. Coordinate with Seawall replacement at waterfront(under separate permit by others) 15. Replacement of kitchen cabinets and counter tops. 16. New high efficiency exterior lighting 17. New high efficiency interior lighting 18. Patch and paint interior walls and ceilings of each unit. MA ;BFACH Specifications are further detailed in Appendix E. Project Location: 7861-7871 Crespi Boulevard, Miami Beach, FL Estimated Budget: $ 617,500.00 Procurement Contact: Name:Jason Crouch Telephone:305-673-7490 ext.26694 Email:iasoncrouch(@,miamibeachfl.gov Cone of Silence: Bidders are hereby advised that,pursuant to Section 2-486 of the City Code,this solicitation is under the Cone of Silence law. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(c miamibeachfl.gov. Reference:Section 0400,Solicitation Terms and Conditions Important Dates Due Date&Time for Bid The deadline for submittal of bids is 3:00 PM,on January 21,2020 Submittal: Bidders are cautioned that late bids will not be accepted. Bidders are fully responsible for Due date may be modified by assuring that bids are received by the deadline and shall consider all factors, including but addendum to the ITB.It is important that bidder download all addenda. not limited to,weather,traffic and third-party carrier delays. Pre-Bid Conference: Date:January 6,2020 Time: IMMEDIATELY FOLLOWING SITE VISIT BELOW Pre-Bid Conference will be held. Location: Procurement Department 3rd Floor,Conference Room ❑ Pre-Bid Conference is 1755 Meridian Avenue Mandatory. Miami Beach,FL 33139 ❑ A Pre-Bid Conference Dial-in Instructions: will not be held. - • Dial the Telephone Number: 1-877-873-8018 • Enter the Meeting Number:6312925 and then press the pound(#)key Reference:Section 0100,Sub-section 6,Pre-Bid Interpretations. Site Visit: Date:January 6,2020 Time:9:30 AM ® Site Visit will be held. Location: 7861-7871 Crespi Boulevard, Miami Beach,FL 33139 ❑ Site Visit is Mandatory. Reference:Section 0400,Solicitation Terms and Conditions ❑ Site Visit will not be held. Last Day for Receipt of January 10,2020 by 5:00 PM ET Questions: �6| & k�|��<� �/-�� /vr`/v «��_r��/ / Questions will be allowed up to 10 days before the initial deadline for submittal of Bids. Questions must be directed to iasonomuch�miamib�chfl.qov,with a copy to the City Clerk rahao|qmnadoQmiamibaaohO.dov. Reference:Section 0100,Sub-section 6, Pre-Bid Interpretations. Project Specific Information&Requirements`� �� `��^�` �`'�' ' � � " ' • Minimum Requirements: Bids from bidders thado not meet the following Minimum Requirements shall be deemed non-responsive and shall not be considered. Shall apply. 1. Licensing Requirements. Bidder shall be State of Florida Certified General Shall not apply. Contractor in the State of Florida,Division of Business and Professional Regulations OR Miami Dade County Licensed Contractor to be considered for award. Submittal Requirement:Bidder:Submit License Number. 2. Previous ExDerience of Bidder(Firm).Bidders must have successfully completed at least one(1)pject of at least similar scope and budget within the last five(5)years, wherein the project was subject to Davis-Bacon Wages and/or other wage requirements. Submittal Requirement:For each ject,submit:1)Owner Name,2)Contact Name, Telephone&Email,3)Project Address,4)Narrative on Scope of Services Provided, 5)Wage requirements,6)Contract amount and completion date. • Reference:Section 0200. • Bid Bond Requirements: If the requirement applies, Bidder shall submit,WITH ITS BID,an original bid bond,certified check, or cashier's check, in the amount of 5% of the bid amount, payable to City of Miami Shall apply. Beach, Florida. Shall not apply. Rai|uvetoindudethebidhundVVITMTHEEUDohod|vunubinthebidbein0deomednnn' responsive and not being considered. Reference:Section 0100,Sub-section 8,Bid Bond. Davis-Bacon Wage Rates: If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe [2] Shall apply. benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the date of issuance 0 Shall not apply. of the ITB. Reference: Appendix G, Davis-Bacon AcWD#FL20190074 Appendix H,Uniform Guidance Procurement Standards 2 CFR 200.317-200.326 Insurance: If the requirement applies, Bidder agrees it shall fully comply with the requirements of Appendix A-2,Article 9 in maintaining the following insurance requirements: Shall apply. 1.Worker's Compensation Insurance for all employees of the vendor as required by Florida 0Sha||nntopp|y. Statute 440, and Employer Liability Insurance with a limit of no less than$1,000,000 per MIAMI BEACH 2.Commercial General Liability Insurance on an occurrence basis, including products and completed operations,property damage,bodily injury and personal&advertising injury with limits no less than$2,000,000 per occurrence,and$4,000,000 general aggregate. 3.Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles,then coverage for hired and non-owned automobiles,with limit no less than $1,000,000 combined per accident for bodily injury and property damage. 4. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy,as its interest may appear. This policy shall remain in force until acceptance of the project by the City.). • 5. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. 6.Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e.FWCIGA,FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved.by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O.Box 4668—ECM#35050 New York,NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeach@riskworks.com AA I A AA I BEACF Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Contract Price: As indicated, contract pricing shall be based on lump sum or unit pricing in accordance with Section 0400,Terms and Conditions of the Contract. ® Lump sum pricing shall apply. ❑ Unit pricing shall apply. Contract Completion Time& Days for Substantial Completion: 180 days from NTP2 Schedule: Days for Final Completion:30 days from Substantial Completion Project Scheduling Software Required: ❑ Bar Chart ® Computerized CPM using Primavera"P6"software ❑ Modified CPM ❑ Microsoft Project Reference:Section 0400,Terms and Conditions of the Contract. Liquidated Damages: 1. Failure to achieve Substantial Completion:$295/day 2. Failure to achieve Final Completion:$295/day ®Shall apply. ❑Shall not apply. Reference:Section 0400,Terms and Conditions of the Contract. Local Workforce if the requirement applies, the Bidder agrees it, and its sub-contractors, shall make its best Participation: reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent(30%)of all construction labor hours ❑Shall apply. performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. ® Shall not apply. Minimum%of Self-Work Minimum%of the Work Contractor self-perform with its own forces: 20 % Requirement: See Section 0400,Terms and Conditions of the Contract. ®Shall apply. ['Shall not apply. Performance&Payment See Section 0400,Terms and Conditions of the Contract. Bond Requirements: ®Shall apply. ❑Shall not apply. AMI AC H Prevailing Wage Rates: If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe ❑Shall apply. benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the date of issuance ®Shall not apply. of the ITB Required Licenses/Permits: If the Contractor is a State of Florida Certified Contractor the following will be required: ® Shall apply. 1. Copy of State Contractors Certification 2. Place of Business Occupational License ❑ Shall not apply. OR If a Dade County Licensed Contractor: 1. Dade Certificate of Competency in the Discipline Licensed 2. Municipal Contractors Occupational License PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work,including but not limited to: 1. City of Miami Beach Building and Zoning a. Dewatering permit if required b. Right of way permit if required 2. Florida Department of Environmental Protection(FDEP) 3. Miami-Dade Department of Environmental Resources Management(DERM) 4. Florida Power and Light(FPL) 5. Miami-Dade Water and Sewer(WASD) Trench Safety Act Requirements ®Shall apply. ❑ Shall not apply. Consultant: KCI Technologies Inc. Departmental Contract Pablo Gomez Manager: Submittal Requirements Submittal Location: Bids will be received at: City of Miami Beach Procurement Department, 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 Submittal Format& Bids are to be submitted in sealed package clearly,contain all information,and organized in Requirements: accordance with Section 0300, including: MIAMIBEAF TAB A: CONTRACTOR QUALIFICATION FORM(APPENDIX A) Submit the Contractor Qualification Form (Appendix A) completed and fully executed. TAB B: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence,as specifically requested in the ITB Summary,of compliance with each minimum requirement(s)of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance,shall be deemed non-responsive and its bid shall not be considered. TAB C: BID TENDER FORM&BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Tender Form.The Bid Tender Form(Appendix B, Form B1). 2. Bid Bond. FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID TENDER FORM,FORM B1 (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB D: BID FORMS Submit any other form requested on the ITB Summary,including but not limited to: 1. Schedule of Value Form,Appendix B,Form B2. 2. Acknowledgment of Addenda,Appendix B, Form B3. 3. Appendix A Contractor Pre-Qualification Form 4. Appendix C Pre-Award Form(s) 5. A..endix I Federal Forms Pre-Award FAILURE TO SUBMIT THE COMPLETED AND EXECUTED APPENDIX I FEDERAL ("HUD") FORMS, SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. l` 1AMIBE cH TABLE OF CONTENTS SOLICITATION SECTIONS 0100 INSTRUCTIONS TO BIDDERS 0200 MINIMUM QUALIFICATIONS 0300 BID SUBMITTAL FORMAT 0400 TERMS & CONDITIONS (Under separate cover.) APPENDICES: APPENDIX A CONTRACTOR PRE-QUALIFICATION FORM APPENDIX B BID PRICE FORM & SCHEDULE OF VALUES APPENDIX C PRE-AWARD FORMS APPENDIX D CONTRACT FORM APPENDIX E LIST OF PLANS & SPECIFICATIONS APPENDIX F POST AWARD FORMS APPENDIX G DAVIS-BACON ACT WD#FL20190074 APPENDIX H UNIFORM GUIDANCE PROCUREMENT STANDARDS 2 CFR 200.317-200.326 APPENDIX I FEDERAL FORMS (PRE-AWARD) APPENDIX J FEDERAL FORMS (POST-AWARD) APPENDIX K SCHEDULE C (MILESTONE DEADLINES) APPENDIX L SCHEDULE D (SEPARATE LIQUIDATED DAMAGES) ry\IAM IEC SECTION 0100—INSTRUCTIONS TO BIDDERS: 1. General. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms,. conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the"contractor[s]")if this RFP results in an award. The City utilizes BidSync(www.bidsync.com)for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this ITB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. 2. Background and Scope of Work. The Project is described more fully in the Invitation to Bid Summary(and/or the exhibits referenced therein). 3. Abbreviations and Symbols. The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site. It is the responsibility of each Bidder before submitting a Bid, to: a. Examine the Contract Documents thoroughly. b. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. c. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. d. Study and carefully correlate Bidder's observations with the Contract Documents. e. Carefully review the Contract Documents and notify City of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to'indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Location of Work. This Scope of Work shall be completed at the Project Site/Location of the Work specified in the Invitation to Bid Summary (the "Project Site"). AA IA AIBE ACH 6. Pre-Bid Interpretations. Only those questions answered by the City's Procurement Department, via written addendum to this ITB, shall be binding as to this ITB. City's answers to questions may supersede terms noted in this ITB, and in such event, such answers shall govern . and control this ITB. Verbal and other interpretations or clarifications of City representatives or employees will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. Printed Form of Bid. All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with Section 0300 and must be received on or before the deadline for the submittal of bids. Late bids will not be accepted and will not be considered. It is the Bidder's responsibility to account for weather, traffic, courier or any other possible delay. 8. Bid Bond. If the Invitation to Bid Summary specifies that a bid bond is required, Bidder shall submit,WITH ITS BID, either an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein , in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. In the alternative, Bidder may submit a certified check or cashier's check issued by any national or state bank(United States). A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance,within fifteen(15)calendar days after notification of the award of the Contract,or failure to comply with any other requirements set forth herein. Bid guaranties of the unsuccessful Bidders will be returned after award to the successful bidder. 9. Prevailing Wage Rates & Local Workforce Participation. See ITB Bid Summary to determine if prevailing wages and local workforce participation are a requirement of this ITB. If required, Chapter 31, Articles ll and III, of the Code of City of Miami Beach requires that the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. Additionally, the contractor will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent(30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach MIAM1B EA C 1-1 to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 14. Omitted or Additional Information. With exception of the Bid Tender Form and the Bid Bond, if applicable, the City reserves the right to seek any omitted information/documentation or any additional information from bidder or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. SECTION 0200—MINIMUM QUALIFICATIONS AND REQUIREMENTS The Minimum Eligibility Requirements for this solicitation are listed in the ITB Bid Summary. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. SECTION 0300— BID SUBMITTAL FORMAT 1. Number Of Copies. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, two (2) bound copy and one (1) electronic format (CD or USB format)are to be submitted.The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. The City reserves the right to request any documentation omitted,with exception of the signed Bid Price Form and Bid Bond (if applicable), which must be submitted at time of bid. Bid Submittals received with no Bid Price Form or Bid Bond (if applicable), or with an unsigned Bid Price Form, shall be deemed non-responsive. Bidder must submit any other omitted documentation within two(2)business days upon request from the City,or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 2. Bid Submission Format: Bid packages must contain the following information and documents, each fully completed, signed, in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures or notarizations on each document, may be deemed non-responsive. Bids are to be submitted in sealed package clearly, contain all information, and organized in accordance with Section 0300, including: TAB A: CONTRACTOR QUALIFICATION FORM (APPENDIX A) Submit the Contractor Qualification Form (Appendix A) completed and fully executed. TAB B:MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom,the City cannot verify compliance, shall be deemed non-responsive and its bid shall not be considered. \i, , I A M I B d`° i 6 TAB C:BID TENDER FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Tender Form. The Bid Tender Form (Appendix B, Form B1). 2. Bid Bond. FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID TENDER FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM)AND 2) BID BOND SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB D:BID FORMS Submit any other form requested on the ITB Summary, including but not limited to: 1. Schedule of Value Form, Appendix B, Form B2. 2. Acknowledgment of Addenda, Appendix B, Form B3. 3. Appendix A Contractor Pre-Qualification Form 4. Appendix C Pre-Award Form(s) 5. Appendix I Federal Forms (Pre-Award) FAILURE TO SUBMIT THE COMPLETED AND EXECUTED APPENDIX I FEDERAL ("HUD") FORMS, SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 3. BID SUBMITTAL DEADLINE: Bids, and all required information, must be received on or before the deadline established in the ITB Summary Sheet. Late bids will not be accepted and will not be considered. Bidders are solely responsible for assuring that bids are received prior to the submittal deadline and are cautioned to consider factors such as traffic and weather. 0400—TERMS AND CONDITIONS The following documents identify terms and conditions that together with the ITB, inclusive of all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation and the contract, and are complementary to one another and together establish the complete terms, conditions and obligations of the bidder and, subsequently, the awarded contractor. 1. SOLICITATION TERMS &CONDITIONS. By virtue of submitting a bid in response to this ITB, bidder agrees to be bound by and in compliance with the Solicitation Terms and Conditions (dated 03/15/2019), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, bidder agrees that all work shall be bound by and in compliance with the Terms and Conditions for Construction Contracts(dated 04/16/2019), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 'iv,IAAAIBEAC APPENDIX A f``1. fi\ t �x ; n y �.� y 3 Contractor Qualification Form • FOR CONSTRUCTION PROJECTS .,..� ..0 ... _. -efr .h 1'RI 4 E ,ida{t %. t .. Yar. .7.,,.t.:,r_.,4 ,E . MIAMIBEACH ,.. ,mss" 7"`.. �,i. � a ,�. .- '�s �a*,�t � i •n '47':="-,5-'>totitira-dtdeCt a a cin ructions . � ,4040.044%,..; Section Section 1, Required Form. The Contractor Qualification Form is a required form that must be submitted, completed and executed,with the bid or within 3 days of request by the City. No bid will be considered without the Contractor Form.Bidder's failure to submit this form as stipulated herein shall render its bid non-responsive. Section 2, Submittal Instructions. The Contractor Qualification Form will not be considered until it has been submitted completed and executed by a principal of the applicant. Incomplete applications shall not be considered. If requested information is not applicable,please indicate"N/A"or"None."If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application.Failure to attach all requested documents will delay review and approval of the application. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an applicant's qualifications. When clarifications or additional information is requested by the City,Applicants will have seven (7) business days to provide, in full,all the requested information. Failure to provide the information within the prescribed timewill delay the review process and nayresult in denial of prequalification. Part A—General Bidder Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS NO.OF EMPLOYEES: LOCALLY: OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: APPLICANT FIRM IS: CORPORATION I PARTNERSHIP / SOLE PROPRIETORSHIP I OTHER(If other,specify: • Part B—Proposed Team. 1. Organizational Chart. Submit an organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision.At a minimum,the bidder shall include the following proposed project team members: ■ Construction Project Manager ■ Construction Superintendent 2.Staffing Plan.Submit a staffing plan that clearly illustrates the keyelements of the proposed organizational structure.The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Part C—Operational&Management Information. • • 1.Provide the names of each owner(stockholder, sole proprietor, and partner), director, or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type 2. Provide three(3) residential renovation projects that the applicant has completed in the last five(5)years. Project Description of Work Project Reference Name: Email: Telephone: Name: • Email: Telephone: Name: Email: Telephone: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES NO If yes,why? 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? • YES NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed,or paid for completion,of a project on behalf of the applicant company, within the last five(5)years? YES NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)years? YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? YES NO If yes,state the name of the affiliate? 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? YES NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or a ent of the applicant company affiliated with another company? YES NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation(e.g. affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5)years? YES NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the ast five(5) years? YES NO If yes,explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13. Has any owner, director, officer, or agent of the applicant company owned or managed_ a construction company under any other name in the last five(5)years? YES NO If yes,explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the ro'ect was publIic) or privately owned? YES NO If yes,explain. 15. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? YES NO If yes,explain. 16. Has the applicant company or any of its owners, officers, or partners ever been convicted (criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? If yes,explain. 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES NO If yes,explain. 18. Is any officer,director,employee or agent,or immediate family member(spouse, parent, sibling, and child)of any officer,director,em loyee or agent,an employee of the City of Miami Beach? YES NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership 19. Has the applicant,or any officer,director,employee or agent,contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If yes,provide details. 20. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion, sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. Does the applicant agree to be comply with this rohibition? YES I NO 21. Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). YES, NO Certifying Agency Certification Type 22. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of em loyees? YES jI NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 23. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES NO If yes,explain. CONTRACTOR QUALIFICATION FORM AFFIDAVIT The undersigned agrees that s/he: 1) is a principal of the applicant duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief;2)s/certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership,management,or financial condition of the company.Further, any prequalification applicant,including its principal(s),director(s), and any affiliate,who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law. The undersigned affirms that the applicant agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda released hereto; 2) that it has not colluded, nor will collude, with any other applicant; 3)that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the proposal are true and accurate. Name: Title(must be a principal of the applicant): Signature: Date: APPENDIX B AV Bid Tender Form B 1 MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. Schedule of Values B2 .801988 '78Z-1051 Acknowledgment of Addenda (B3 AA BE ACH Bid Tender Form (B1 ) Page 1 of 1 FAILURE TO SUBMIT THIS BID TENDER FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. In the event of arithmetical errors between the division totals and the total base bid, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. TOTAL BASE BID AMOUNT IN FORM B2 $ 'Allowance for Trench Safet Act $25.00 Permit Allowance $2,500.00 GRAND TOTAL (TOTAL BASE BID +TRENCH SAFETY+ PERMIT ALLOWANCE) 'See Section 0100, Sub-section 19. Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains;that this Bid is made without connection or arrangement with any other person;and that this Bid is in every respect fair and made in good faith,without collusion or fraud. The Bidder agrees, if its Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the Bid pertains. Bidder: Authorized Agent Name: Authorized Agent Title: Authorized Agent Signature: Schedule of Values & Acknowledgement of Addenda (B2) Pa.e 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. BIDDERS PRICE: Total Division Cost 01-General Requirements $ 02-Site Construction $ 03- Concrete $ 04- Masonry $ 05- Metals $ 06-Wood and Plastics $ 07-Thermal and Moisture Protection $ 08- Doors and Windows $ 09- Finishes $ 10-Specialties $ 11- Mechanical $ 12- Electrical $ 13— Earth Moving—(Final Grading and Soils) $ 14— Exterior Improvements(Landscape) $ 15—Exterior Improvements (Hardscape—Sidewalks, Steps, etc.) $ 16—Stormwater Utilities— Drainage $ TOTAL BASE BID 01-16 $ ADDITIVE ALTERNATE Description U/M Cost Lump Cabinets (refer to Scope of Work on Sheet G0.01) Sum $ Lump Countertops(refer to Scope of Work on Sheet G0.01) Sum $ SUBTOTAL ADDITIVE ALTERNATE I A Bidder: Initials: Schedule of Values & Acknowledgement of Addenda (B3) Page 1 of 1 endmen � e i Amendme�f � � ss �d z44"4-61-#*-' 4 �` lte7SElle f '� (� � T €'y�',�mtri a�, �'� `�/i f t �1°�s t� '�� 4 f �" A "o�� ,..,,:F,�„v. ,;,, .,_..�`»_..,:t%�, ,� �x ..c>v ..,��,'d�„d .., ,,._....... . ..... p ,.,'+i .-Y �,_�;L','3�,.. Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Bidder: Initials: e APPENDIX C 4fi 'i t el A A r y� t.,, r 1 � ,\ k, 1 :�� k ,c\ Pre-Award Forms -,, ,,, ,I,Lsr g:-4L,, „,„t .„77. :,,,,. °.:4 4,A,,„7.1_,.....,..,,,..-,41.,A,....r. ...... Cl Bid Bond M AM BEACH BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal, hereinafter referred to as Contractor,and as Surety,are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent(5%) of the Contractor's Base Bid amount of$ lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials,equipment, machinery,tools,apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications, and any Addenda thereto,for the following solicitation. Bid No.: Title: WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check,certified • check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would,if awarded the Contract, enter into a written Contract with the City for the performance of said Contract,within ten (10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds, satisfactory to the City,each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Contractor. • IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the day of _,20 . ATTEST: PRINCIPAL: (Contractor Name) Signature Signature Print Name Print Name(Principal) Title Title COUNTERSIGNED BY RESIDENT FLORIDA AGENT SURETY: OF SURETY: Signature (Surety Name) Print Name Attorney-in-Fact(Print Name) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) APPENDIX D ,- }i.' 4 f 4 t ; .: w lig. Contract CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the day of , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and (the"Contractor"): WTTNESSETH, that the Contractor,for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required,to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB No. and Title: The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. In consideration of these premises,the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of L Base Bid below + allowance account items] dollars ($ ) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $ Total Allowance Account Items $ Total Owner's Contingency $ The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Partial and Final Payments will be made as provided for in the Contract Documents. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery with a request for a written receipt.of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Office of Housing & Community Services 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Pablo Gomez/Maria Ruiz With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager [seal] ATTEST: [INSERT CONTRACTOR NAME] • By: Name: Name: [seal] APPENDIX E ,A s f y b, 3 f t. I EJ Plans & Specifications CONSTRUCTION PLANS FOR MADELEINE VILLAGE APARTMENTS BUILDING RENOVATIONS 8, SI IMPROVEMENTS 7861-7871 CRESPI BOULEVARD INDEX 5HEETNo. MIAMI BEACH, FL 33141 SURVEY S BOUNDARY AND TOPOGRAPHIC SURVEY 1 PROJECT CIVIL LOCATION GENERAL NOTES C-1 EXISTING CON TOPOGRAPHIC C-2 "4""'"` �g,..,„,,,if., g z i '�' �„ DAVING, PLAN C-3 �.. •, ^A ��6 TMTAR �'a # 4"A �-, �g r � � CONSTR GRADINGN ANL DRAINAGE PIAN C-4 SITE CONSTRUCTION DETAILS C-5 1 LOCATION , caNSTRUCTION DETAILS c-s ,,,,,..._,,,,„,,..,,,,,,,,..,,,,,t. „..,,,,,,, „„ + rT F •.*" ARCHITECT „ >!+. r a ML � " 'S COVER SHEET G0.01 x 6 t'',.. , ''''''t,:/.0,;:041tIGENERAL NATES G0.02 g "=.'T. -;.-.yek»'a ^' 1 LIFE SAFETY PLAN 01.11 " AS-',./ �I"'"' T* '•„ +k" �' f r EXISTING CON0R10NS G2.10 ... • �. •!-I, s- r 'z' .� „'++ PHASING PLAN G2.00 x # s � v it *y SITE PIAN A1.00 .r F I °P.''''''41:134 �I +�"' K ,�` �. s EXIST./DEMO FLOOR PLAN A1.11 1 } k $ .� 1 r OVERALL FLOOR PLAN A1.12 �'"'' ' �a � 'i'' I NEW WORK AWNING AWNING COVERING PIAN A3.11 « .' " � ice �p Sf ' u' oiWIST./DEMD':i6AWNING DETc 7;277 /,5.1 I. ? ""' '' z.. ;'6.2.:0-.4`i100:::,.� gg __ r $. BUILDING ELEVATIONS Als A5.110 d °"' 1 •'' �111�� N '` as$ EXIST./DEMO ELEVATIONS A5.12 2 ,.'`.',5,:,‘,411110,' f pub CRE'PI "«Phu ' �� -4;',::::::''',.:40 t-F "z T :' EXISTING CONDITIONS A5.120 ¢ o = PARA, s z Y - � ,tx DETAILS,SCHEDULES&NOTE A7.01 �, '" mAd p t DETAILS A11.00 J.z g • -`+,, �� z, , .•x ADDITNE ALTERNATE A11.01 - �et� ,, •arc. „„,z.$ ' w€y L 'o V EXIST./DEMO ELECTRICAL PLAN E-1 wx7 ;.Y} P�o f ,z i r r v' NEW ELECTRICAL PUN E-2 . -.. t } g s 4' .C, r : �' _ q A DETAILS A71.02 pi i s D �, 45k sf .xs '� f e2'� 1 i NEW MECHANICAL PLAN M-1 •aw r, y .A' sit. �- NEW SANTA Y PLAN P-1 I4�� 4 s a d �' S ,4 a s�1. 7� a_. a.a,�l'T",.%, '' TT L NEW PLUMBING PUN P-2 � n ,� 0.�V � F � -• � x' � d nt E`� LANDSCAPE f. `Tz, ,, r'"� �.�'' , + .4 f, BI LANDSCAPE PLAN LD-1 { P - > z- 4'4/"*'7 °" F,#-�" a � [ I S LANDSCAPE NOTES&DETAILS LD-2 14"SITE VICINITY MAP _ �'' ,� �z• • F f DATE: MAY 31,2019 NT.S. 1 4s �, r i '-- "' ,V,� ,% : KCI PROJECT NO.481900218.10 4.....„.,-,,,,,,t' . 1, •!� d .: '� 'Cu �.-§. 4 k ai .,�.,�:-:;I li �,« REVBIONS ` ACE (Ao. DearmICN PROJECT LOCATION MAP PROJECT DETAILS: mno/mia s u.' emowo A.w anmo rm!m NT.S. AppROK.0.27 ACRES SURVEY: ARCHITECT: FOLIO NO.:02-3202-OOB-2400 KCI TECHNOLOGIES, INC. THE TAMARA PEACOCK COMPANY 6500 NORTH ANDREWS AVENUE 6500 NORTH ANDREWS AVENUE FORT UUDERDALE. FL 33309 FORT LAUDERDALE. FL 33309 P: (954)776-1616 P: (954)728-6000 PRODUCED FOR: ENGINEERS PLANNERS SCIENTISTS CONTACT: ROBERT KRISAK CONTACT: CRISTIN PEACOCKBEACH CONSTRUCTION MANAGERS • ,'1 A i r. �,( iracentaemetamx i�(`IAN i�ii 65W N.dn6mws Avemu.,,0„1.„&“1—.,}R.SiJ07 CIVIL ENGINEER: LANDSCAPE ARCHITECT: HOUSING AND COMMUNITY SERVICES 9Y4.776.1019.waakA.rnm KCI TECHNOLOGIES,INC. KCI TECHNOLOGIES, LNG. K C I CEROFICATE OF AUTHORIZATION NO ROBERT 6500 NORTH ANDREWS AVENUE 6500 NORTH ANDREWS AVENUE FORT UUDERDALE.FL 33309 FORT UUDERDALE. FL 33309 THE CMICKY MIAMIBEACH: P: 954 776-1616 P: 954 776-1616 MAYOR-DAN GELBER•COMMISSIONER GROUP I-MICKY STEINBERG•COMMISSIONER GROUP 2-MARK Sp ROBERT UC. NO. P.E. ( ) ( ) COMMISSIONER GROUP 3-MICHAEL GONG •COMMISSIONER GROUP 4-JOY MAUKOFF•COMMISSIONER GROUP 6-RICKY ARRIOU FLORIDA UC. 17931 CONTACT:ROBERT ZUCCARO, P.E. CONTACT: MARISOL ORTEGA COMMISSIONER GROUP 6-JOHN ELIZABETH ALEMAN•CITY MANAGER-JIMMY MORALES•ASSIST.CITY MANAGER-SUSANNE TORRIENTE DIRECTOR-MARIA RUIZ DATE: • zlmw9CIS\Ieu�_aa a MIW wuxVo-gee!-7871 0RESPI mmL'YmO�CML C9D REv io_wVwnwc • LEGBND: S: ��. oOn CBS 06.211 B9D BmDRaE GLOM.POSENTO.SYS. =Q ok# Rum GRAPHIC SCATS , ' ,, CATCH��,, ,` _ x¢orsns 10 0 lo• ftlM�l.14' . ''ILS Alf TOTAL E i KFS•,/, V MY TOPSE POFF1 ._2.]6• `,, RIM-167'YANNOLE a . ,. BO.0.-5.51 1 NE NORTICAST M •P (RI TER) /;,;, .x'J N TO S TOP OF PIPE=-019.(12'PVC) yryN of,eae NS f INV--1.30.(12'RCP) m 3 .,, . WATER 1. BOi10 x_292• J ,i VALVE A�II,:a ` Ftt, e ',t,' 8 `'YB�NeA. plionSSNML AM.. YAP.PVC ...TOL MONDE PUTF m Ss, STORM YANK, ��'RILE .0D. ,� 'Yq� 9 • ,, ERNE INV.-4.69•(.P.D) ® �iyaT$C4, `�' k �iNL` R6 REFIT.�� SE NJ�-3.Bfi' IV NC) /'B 1 .ee,,,.nW W INJ.-]3'Y(IS'PIC) -.o f SE smmuNT 14 BD 0.-5.39• WATER >:f �_ SP sonArCsT ,. ,,,.-�`,.�. PETER/ s>,. �= nem. out y E ET NEST 1654 . DESCRIPTION: '`_.‘V, ,. . y ck a -_�_ .v .i COUNT.RRONDAOMA DPCT.AS REOD.ED N NAT .DS ON ONO IN PAM THE CIN or MAT BEAMCORDS LOTS DT A.U.BLOCS IC OEM.BE..FCCORONG TO ME PLAT F� . �f j� `` - r. 100 l a. 3 I [1 PDT,VERD F/ . .. �'� .1.•l7 m DATE REVISIONS N• POtE /J fi E• 2re '6.0 - 5/28/19 UPDATE SURVEY ¢} /f`I�•�. 5 0O e NOTE: 8/21/19 TOO BUDDING TIES > ,C' �' ///��= ALL BUILDINGS HAVE A TWO FOOT ROOF OVERHANG Oc xta t; •,,,. 43¢' sIGN/�!/ .e':,2n` ��/..//E3�` •clr • N > RP L4~L A.j ::''115 \�,e � /-",--/.*A 3 DATE 3012/201e fi' t./b,' SIL'[ ' ltJ /` e IA SOLE 15 SHOWN : —).>� f A � REED Booty uw uA1ER �y�' —,\�N� -_- _ FOUND NVL k DISH DRAWN BY WA. -'f OFFSET 15•NORTHWEST ON UNE :� / —_��L— / �.ie LR 133) CHECKED BY RIOP/GAS MtallIMIIMIIMME :� 26- 2.CURB O GUf1ER / c,4f/ ' �� CBS BUILDING xv a.A, • FENCE CORNER — Ammimis 3 4 O/ =� •-///',. 1 RNISNED FLOOR / • ..I.,.Te CV •'I 1 3 �. .eo' • S.OF W FOUND 3/4•IRON PIPE C —� x K. SURVEY NOTES: NO D = —w.��<\\\ .� f se I>O T.TM moo NMODT TM MORAL SIONAUTE.0 1TE MON.RAISED SUL OF F.11.060A PROFESSOISS UM=SURVEYOR AND U.V91. .-c, '91111.1111.1111.1.1=111MV s NwnaYST laE a elxN,o u sNOw w a.T BOON .,vACE TT S TND rUeuc t. t� �'40"��••— U o U o —moi \D.UNDERGROUND ENEROACHUMTS NOT LENARD OR MOW _0)yti— \i p [Nm INU NOW..No eeeewFAL2 a.nnUTION WAS moseRDm TO Dom.. e4, —M/ II‘ m v m °° T.1156 sooty boa NM IMAM 1.WES OT EMIT of e.ME swims sm.ix 116 LEGEND AND ON TMs YAR NAY NAVE B"B.OUR.oR REDUCED roeeDu,AND MY NOT D.1 INE _� �0 M.0.66 DIOROACIT.NTS ARE PRESENT. � >x'° .x a '"a D.ELETATToNs 06.MOON ARE BASED EN ME NORM MORK. _ ee 00.•eel UV ARE BASO EN BEN...ACTUAL ME AND STN.OF 1.rwum. 'MS CBS BUIL.. 4 p� p w 8,,.L,' cola,..NaM_oAoc marc OwF�N.mD"Fr°Tro;zE,damA em mum.xOOA,m,.I T.CORNE.OF TETT e,Rax X 10. 4 ,YO p' o �° EN.] lfma,1 To.ELETADOws MK NOT BIM UPON.AND NM UU0 INROUGN De/7015 O p U IL DC N.DED MP=OF MS ETOL.ARY.D ilimemor `� F �zaw IL uonT LMS0116.6 STIO.MR.An IN 1m n°To NoRRTH ALIS 04 IDEU Doll M.D.!A.MRE miABLANOT 'i" :° CV R Ai a p By LOC..HORIZONTAL CONTROL PORTS TEu(WS)REAL TaE mo.o.nc(RDDl Q I13.HORIZONTAL POSITIONS MOEN HEREON A.R 0 '"ss"°w MLITY.OST PRO SEND.As FORD a 11T.LE BumEss cum AlIS tFD z^ %.`-`368 IC ADDITIONS OR D...TO MS SARVER UAv B MAN THE SM.PARTY CO v4NTTEs a vRONIa1m onniNA«OITa CONSNT aDIE NON.PAM OR PARTES. .00. te., 6'',NA ham' d vl m m z 6. E COWED MONZ.TAL.4f0.1. RN O,ME FUTURES SHOHER.TS iIs.THE D.C.MM.NDONITACY of DO FUNKS MO.I.EON IS on R WAD Naruxs.w:01 COR SOT MM. � C / $�(lp d e O ,--c a ® � z `4,, ti,@,• c: S.OF 0 PERMUTE: d?�'44'jF. �ZAe°*. ' (Q i)mi'i°�iu°i0M°swou.NDos gYm 012 woc sa,E.— x~NE P lCf 'PA,2-5.,..-. / FENCE CORNER '•t' 503'E I.2' OuNTER_- TUEWE. uwx°Nrt.M SECTOR4721327.110.,.START.MERE.m ME O✓i=_r lARS.oSURWYORBN 3,C.- FOUND L k DISK I B 33] • SHEET NO. 1 %ZwSet/Tooww:o1'41.77 .R[ OG 1 SHEETS • PROJECT NO. , 18237C • • N GE11C 1.36,61130 66 OF.PM.van=PLO.0.111.IIIEN 1.0.1 F. VL PROJECT CLOSEOUT NERAL NOTES 1 0 n`7,..77..°770°0=20,;g4 noecxnenmea wx,n4DFAIN�m�M MINER 100x1u00. Mal ED.l MAI MOM.MM.10 PE P.M 11.10 11191100.1101 0.01.10.110 IT 0 II( 10 g "TOR..Ne.IL COOTLYERN TM COLTILMOL MM../11 PPM VY .•'. emR m r w m M raaxf P.C.DERPI. 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Moom wbv R.D.awD " M WIL..DIx 1M..'D N SIDEWALK AND (2) SITE DRAINAGE RESULTING FROM THE I b.w MxM dm.Da•ae..,mm..rt Oros[ 1D..laaxdl 1.®na 14..14.3-..[ •.. xrlawPlM`r..., axmdM ..mz.,m.M,d -.�,. Mu¢FA1.m 1.141. ,rMaoaa Duna .. PROPOSED CONSTRUCTION OF NEW SEAWALL (REFER TO SEAWALL =uRwP men.aa,. n, ,.B,Pva PM dMmc LI -•n.Rm.a:memxa.lAlD Far la®n m w..Isom ad xuam lc .._, _ I ..D =.3-D m.3-¢ Dmm.ara• .. -R SEA PM• 1. xIa^1"a'" F !TAY seen zuauoP PLANS PREPARED BY KIMLEY-HORN) SHEET NO. C-1 I DT.IL ....m.� wmm�m�0O1a1 m Prot- .. ,D ,..3-D mu w+1. iw81`.ma,°OO'm w.rmo.a w PROJECT NO. 481900214.10 > zumur Maas B.enlmm Momm au¢v.mmi x14..i.•••-r.z Aw..mm u°viem.,."""'" I MIL. 1011..eLOlOMoam,wM aw.¢F1®,a.m.P.ra mlm MUM.x3-.D "�"exx OF M.w..Dal.0.0.ren. ..a,D..w.wlm IDD x.3-a....., I n.uxMEMEL ESILIA.-AVMro.Anmc.re.G.eIFAP.ucALLO ...F.mu.,a.Dw.m .. _ c�2 1.c�, rwmM swM ....... ...,,, ,oxen..wrma nwm n3- ••1101(1rcma'm+a'ID¢yFd , ..` ,>u,m azd ra sad ��x��, • � ....,Dai. .Ow..m°.a"""..Fu .wx¢roanm.m.nM.Ma1.. . roaerounln ARE rc C� :. of '''''a- a 1.�'« .M.crmxM®`L. M ALL UTILITIES "7" - .a.¢."1.m -TRE m`O`M6 TIMOR L. KNOW nxx ON THESE PLANS .. .. DOMderral,. - Dnm.onl ma. n3- Mm • ROO.m)ppmat pram Im.m en am mot mss n1. 1 Q N RECONSIDERED eavle _ dAR.TnPlDwm ..R l... 114. � Ina..nn...r... AHRr ole CONTRACTOR 3-D _ THE srnn • www.calbunsAine.com OFaWORN OPERATIONS. 1 ,3 RccPno'f . • • DATE: E'.PROJECTS\102Jr_CCY OF aA.I BGLH\10_)061-7011 CRESPI BODILVAR0AOVIL\GD\102JT.10_ENG-NEWA"D /, LOOKING NORTH T ' `�LOOKING SOUTHEAST a, g /, \ c't'l7,{ :gym j '4Dt E #i'�ti+ J A` 4 � k �'i, g i LOOKING SOUTHEAST .... y i v y .>'i `x ,;,t, cRJrIBc SCALE I Rap, 'I t-^ n� �� ,y :i'4` I R �', 0 vT ili lja. .. itIe r 1-1D 'FF�i¢ 3r N W tY ",r'r aA, '' j aa; t d'/ t,.:;-_:',...,,,- '. r x, sT+ ,,,y tw5� +�+ 74 t& HiF R .f \- .. a � / • . m .p e � '�a`4�aa` — v ill111)--k Kttk4.p F N9}q, �� # ' p - - (l • LOOKING ORIHFAST ��q "a Z C iv C� LOOKING SOUTHWEST /e ._. 4 � 41' T. •Ai '''.17C Y L s .. os /,.. ... J 5 J;:c k xL ,tot C s Pry ; z� w y r'r-,4::- .<:.,„'.,,,,--#"'' ! b :..,, E Pc K ... ...,,,,.::::4;,.. -,,,..;„,„..2,.., . „, • , c.,.., ;:::(2.,.• `pp SCALE peWP: ...3 `4':. A J -k. _...... ...... ....... .......... '.,e. ......... .,. ....... .. ........ /)/ ATE WY J1.3019 //y / "'' .•: DESIGNED Nm BYB11 .,, ..,.::. •<;;-- '. _itii,........ Z` .k;..................... Sy y DRAwN m ru Do. •.•� .,•.. �.,. C ` ._.._ .. CHECKm 6'T BZ. > ..; ', ,., . .,:.`.. .. .. .. �, ,.•. ......:. a ,..• LOOKING SOUTHEAST W 1,\ O LOOKING ,),''',. ''''''.. ',.,\,,/ e SOUTHWEST '" P' cc▪ �0 ',, ,,..!"..,r 12.-'.,,,,,A.,.; p P • ❑ Ca 0,,. .+ > fir Ir � vti a a • m 20 re r. P� M Y�,,k. Q a WO 4tj,\,4,1:,,,r4kt4 xi / 'Q v .:4•`:',1.-- , J co I of 5 '� �� p / r /t+,• T -.) >U -1 ti' ,'u�, W J— 0 '(' -: ' ''''' ' / i NA # e G i SMELT N0. C-2 1 P�,✓ PROJECT N0. 181900218.10 I J. wx'xni'S BEL net eNlsTlxe uTILITIeA ``�.o�t"I12 UCN90 ALwATi CALL SII Ow SHO.' ON i11¢S¢PLANS 1,OENBF 'GSE ''- BEFORE YOU WOBY TM CONTAACTO nRE i09¢COxSIDF¢EO AtrtOJNATE THE INTENT OF THIS PLAN IS TO INDICATE THE EXISTING � � nt L..I.v.n...lom... xn sxou¢n xev¢m�Eo µ A•y CONDITIONS OF THE INTERIOR SIDEWALKS AND OPEN SPACES ON ALL PLAN ELEVATIONS REFERENCED IN NAVE)'88 THE PROPERTY ALONG WITH SITE PHOTOS. (NGVD'29=NAVD'9Bt1.552) 66 oFwvlloiini axis. s OATS 417,"1`'a L\PROJECTS\IB2Ji_CIIY OF PAW BEACH\10_)861-2811 CRFBPI BOULEVARD\LML\GD\1B3J1.10_FNG-NEW.005 • a DEMOLITION GENERAL NOTES: UNLESS OTHERWISE NOTED,THE.UNITS OF DEMOLITION. SHOWN ON PLANS 1`' DELINEATES THE LIMITS WITHIN WHICH DEMOLTDON IS TO BE PERFORMED. TYPICAL DEMOLITION INCLUDES. NUT NOT LIMITED TO, THE REMOVAL OF #, : CONCRETE,VEGETATION AND DEBRIS (SURFACE AND SUBSURFACE).AND ALL ./4•,, S , '''''-'_.1:::: v ,,. ,,,,♦\ 110!;5;e0=1 .0 GRAPHIC SCALE V fn OTHER FEATURES UNLESS OTHERWISE NOTED TO REMAN. #V, , Sn Z cod 1. PROPER SAFETY PRECAUTIONS SHALL BE TAKEN TO SEPARATE AREA ,,,, `.%#S. ^gdZ i OF DEMOLMON I • 2. AU. OCROLITION�TO BEOM RROUNDING PERFORMED PROPERTY. EAttMANNER TO RUMINATE �,,;, ,,z4 =' 1 HAZARDS TO PERSONS AND PROPERTY,MINIMIZE INTERFERENCE WITH , ,� / N _ USEPR0MDE0 ADJACENTOF BYEXISTING UTILITIES ETO NON-DISRUPTION ADJACENT AREAS, AND CES TO ,,,, 0 D »g PROVIDE FREE PASSAGE TO AND FROM ADJACENT AREAS OR /g*? _ Z X•a q STRUCTURES. 44. 0 �Q1 W LC at S 3. PRIOR TO AND DURING DEMOLITION, CONTRACTOR SHALL TAKE 'NECESSARY PRECAUTIONS TO AVOID DAMAGE TO EXISTING ITEMS THAT ARE TO REMAIN. .,,,• /; �'''4. DEBRIS RESULTING FROM DEMOLITION SHALL BECOME THE PROPERTY ,,,` ` j/: � © lillif—ii OF CONTRACTOR AND SHALL PROPERLY DISPOSED OF ON A DAILY BASIS. DISPOSAL OF DEBRIS SHALL BE IN COMPLIANCE WITH APPLICABLE FEDERAL. STATE AND LOCAL PERMITS, RULES AND/OR REGULATIONS. �, ,••, _ �, S. HAZARDMANNEROUS CONSISTENTLS IF WITH FEDERAL,STATE SHALL LLND LOCAL REGULATIONS.IN ,• , • ;,,,/ 07 O •--„... ' S.'UPON COMPLETION OF DEMOLITION,SITE IS TO BE LEFT IN CLEAN �� .' I�' :1 CONDITION FREE OF DEBRIS. ''��''' O 7. CONTRACTOR TO PROVIDE PROPER SEDIMENT CONTROL AND `e �!- ' I�''' r PROTECTION OF STORM WATER STRUCTURES, BOTH WITHIN AND �”' I OUTSIDE THE LIMITS OF DEMOLITION AND PA,TO PREVENT DEPOSIT / e OF SEDIMENTS CONVEYED THROUGH RUNOFF.CONTRACTOR i0 CLEAN L OS �� i O ,�� ` AND REMOVE SEDIMENTS FROM ALL STRUCTURES AS NEEDED. 41� B. ACCESS TO UNITS MUST BE MAINTAINED AT ALL TIMES. S \� O �� '"•• �";` © a �� /7 QUI l' ' o OJ j DEMOLISH CONCRETE SIDEWALK / 1/ `%� / © D j�j &CONCRETE STAIRS �/�0,, //" DATE w 31 2019 /� �/ O / DESIGNED BY B.Z. A �// DRAWN BY 1' I' I' / ��/ / �., CHECKED M 9.tD J I I I III REMOVE EXISTING WOOD SHELF O NCS C3O 11.9 e4 REMOVAL OF DOCK &PILEF- CZ AND FENCE BY OTHERS. 2(REFER TO PLANS PREPARED W O O ��pp�p* `� .•• BY KIMLEY HORN) LLPOi�i':�i404 Si.ct F Q Z3 �� REMOVE DEBRIS AND PERSONAL OOi�i.�i�i�i�i�i ITEMS FROM OPEN SPACE AREAS �Q !f"'%' ••• Q ~J/ / 4 W0 L.asstis ..:4 O4REMOVE EXISTING PLANTS J Z © .•:/. Q� Ce._i OREMOVE EXISTING STAIRS(SEE ARCHITECT EXIST. SEAWALL TO REMAIN >U YO PLANS FOR RELOCATED ENTRY LOCATION) +.�•••a W -1M • TT' Z == Q W J In W • 6 REMOVE EXISTING YARD DRAIN ANDm 0 O ASSOCIATED PIPING 41.4.411k,jO Q a 0 © ALL PLAN ELEVATIONS REFERENCED IN NAVD TB (NGVD 79.NAVD TB.1.552) SHEET NO. C-3 O7 REMOVE CONCRETE COVERED STORAGE PROTECT NO. 451I00219.10 ALL EXISUNG UTILITIES2NUCCV, ""Vc6 CV',q aI SHOWN ON EDBAPPTOXnI ATE o: THE INTENT OF THIS PLAN IS TO INDICATE THE DEMOLITION AND 8- iioaesCALL ou me "" AND MG.BEvaunan ri I REMOVAL OF THE EXISTING CONCRETE WALKWAYS, WOOD SHELF, � � BEFORE M,r,..m,E,R.. 4...1 R,r, PRIOR TO THE START PLANTERS,COVERED STORAGE AND EXISTING YARD DRAIN AS NOTED. ulNuoshio11oo, OP WORK OPERATIONS. ,,o'460 nam f ° DATE' L\PROJECTS\10237_GDY OF WWI BMX\10_7061-7871 GRESPI BDULEVNtD\CNR\GD\REV 1\IB237.10_ENG-CML-DE110 REVISION LONG GENERA' NOTE$ $ THE INTENT OF THIS PLAN IS TO INDICATE: 1. CONTRACTOR TO REGRADE THE INTERIOR SIDEWALK AREAS TO ELEVATIONS INDICATED ON THE 1. THE DEMOLITION AND REMOVAL OF THE EXISTING INTERIOR CONCRETE WALKWAYS AND REPLACE WITH NEW CONCRETE WALKWAYS.THE PROPOSED -J PLANS. GRADING IS INTENDED TO ELIMINATE EXISTING BIRD BATH'PONDING AREAS. ;1 2.CONTRACTOR TO COORDINATE WITH RESIDENTS TO REMOVE PLANTS,PAVERS,CHAIRS,TABLES RUNOFF FROM THE 7W0,(2yWESTERN MOST APARTMENT COMPLEXES FRONTING CRESPI BLVD. WILL BE DIRECTED VIA SHEET FLOW TO THEA W AND OTHER PERSONAL ITEMS FROM THE EXISTING OPEN SPACES PRIOR TO CONSTRUCTION. EXISTING SiORMWATER CO ON SYSTEM IN CRESPI BLVD.AS R IS IN THE CURRENT PRE-DEVELOPMENT 1�D N o� 3 0 2. THE DEMOLITION OF THE EXISTING EXTERIOR SIDEWALK AREA BETWEEN THE TWO (2) EASTERN MOST APARTMENT COMPLEXES AND THE EXISTING cn,.. t o 3. CONTRACTOR TO INSTALL NEW SODDING IN THE OPEN SPACES PROPOSED TO RECENT THE SEAWALL AND REPLACE WITH COMPACTED��(( FILL AND SODDING. RUNOFF ASSOCIATED WITH THIS AREA WILL BE COLLECTED VIA A NEWLY GRADED 1-to W SURFACE RUNOFF BETWEEN THE APARTMENTS AND THE SEAWALL. NEWLY GRRADDED SWALL.EADS. SUBSEQUENTS)TOOTHECnWA ER QUAL TYDVOLUME�BEING�MET TRENCH.WATER QUALITY BE SDSI WILL THROUGH AN • N W 4. CONTRACTOR TO USE CAUTION NOT TO DISTURB EXISTING STAIRWAYS, HANDRAILS, ETC.AND IF EXISTING 4'OVERFLOW PIPE(AT THE CURRENT WALL PENETRATION LOCATION AT THE SOUTHEAST CORNER OF THE SITE). B 5.DAMAGE 'ME OSEO SEQUENCE OF THESITE CONDITION IMPROVEMENTS NOTED HEREBY TO BEXISTING. COORDINATED WITH THE 0000/ \•,; ;,. a u HOC • INSTALLATION/CONSTRUCTION OF A NEW SEAWALL. (REFER TO PLANS PREPARED BY �,,, ,,,,� V.' m z N z g KIMLEY-HORN) �,;,/ �,�j W O 1 p DRAINAGE PIPES �sIi 0 0 ` / I--1 STRUCTURE NO. PIPE DESCRIPTION /V•' 1-2 31'_rHOPE solk ,/ 2-7 36 -e•HOPE I I. _ � r .. �.:RmDEDE cum) / 3-4 37_6'HOPE �, ,-, . / "R / 4-6 36'-6'HOPE `• /` #%, 3, 6-6 4r_I!•HOPE 6-7 le-16'HOPE 40 / �.TON CONCRETE M2 n O R. ..36'-EOLTRATON 1RDO1 4'''' � > 6'-4'PVP.00171.OP NEW. v / - 7-0011711 Erna OHO EX1ENsaN 1 BOJ / a . hr PERFORATED HDP y¢` ♦ . \ / :, S R nmPDSED NEW 1 DRAINAGE STRUCTURES TABLE �`^�`Y fy ;THICKCONCRETE �' :: �" M;D,.;atP SCALE 4.,/ \ \\ NER MRS D(TrrP�) �` DESIGNED V L/ /' (SEE IECE PWIS) `• CRACK D YY.D,`` CHECKED BY BT STRUCTURE NO. RIM EL INV EL. BOT. EL. TYPE //p `44 PROPOSED AREA �� '.5.' © . o z _ w zg O1 240 0.90(E) (-x1.10 706 Rd1NE MCMI l/i ,P mxcREB TED) //� •'•% ... .,./ g LL _O LLI O ` 2 2.40 060(W,E) (-)0.20 IDS N1Jlff DRAIN / / Q�`r•\ cel- a I--z 3 240 O.RO(q (_)1.10 ADS RUNE DRAM `Tv �O PROPOSED TCP a Ct.p -U O PROPmm wmu r URE ` // i\ SEAWALL a s D a> m 04 260 0.60(M.q (=)1.20 ADS MUNE DRAIN (BE[ARCRDEDE RALES) O '�//,/ .PRTMD Dr) i)\ Al W m a \/ �`� s Q a W DJ O5 too o.00(stq (-)1.00 ADS YARD DRAM / AREA(PM,*D""� �I J CO Z DE4 IVES 0 WNW PROPOSED NEW SIDEWALK >C.2 ..1 • © 1.60 MOO 00 PRS(ppm NDOC '•treol m'cxnc(m.) ... : CONCRETE 12.1 a C� (-)206 lS) (- 42 -032 6' ` PROPOSED araTRADON TRENCH PROPOSED mx Z 443-002b" (SEESEAWALLPREPARED W V W(7 ``' xDR STA's OYP.) jrc 6 L7 10 D&Tilt WHIM FGEND• (SLE ARammE nus) g/ w Z O7 260 l-�•�gli (-)3013 � i © �� A1.4..,,,' p > 1 00(q 443-002) , t O `,i,,:#,,,,,, , a Q 0. OIRFALL - 0.50 - MALL PENEIRAiIOM ply'1.0V PROPOSED SWALE a �, g ' AS.'.►s, ,,1.x r y ALL PLAN ELEVATIONS REFERENCED IN NAVD'8B m�HO. C-4 ® •.•149, � t^ >4 INGVO'29=NAVD'88,1552) _ PROJECT NO. 481900218.10 IJMRS OF PROPOSED PERIMETER WALL FROM TOP PROPOSED CONCRETE SIDEWAU(4'THICK +\r„ � rsua u001100ODmncs /41Y.: Cq,, OF SEAWALL AT EL. 5.7 TO THE PROJECTION OF 1 A.0 aiioxxonrxe,e.nns MIRE YOU ma MET°BE C0,1 LIMO APPROXIMATE e`?°,f -:s`; p''' El THE EAST WALL OF MADELE1NE VILLAGE APARTMENTS E9511110 4'PVC PIPE �� MO q110LILD DE CONTRACTOR _.( . N.' BY OTHERS. (SEE SEAWALL PLANS PREPARED BY (10 RDS x um m BE / Pom OP IO Rt. DRAINAGE FLOW ARROW COON n To THE 1® D,xroNOP OPERA11015 $o ,,,°„�JJ�JJ11••,. KIMLEY-HORN) 51 �' 0 SAiALL) _ "''�'SSk1NAoE?•, DATE 7..\PROJrc1s\t8231_mY of NMI BEACH\Io_7801-Tan GRA BOULEVARD\Crm\MD\REV 1\te137.lOJ00-an-PCO 1EYs1011 1.000 • COSTING GROUND VA sA;•A••% 2 •vi �i TYPE)A'JOINT nIN I \ P.T - g 41 • ,• • •a• • CEw1A TE BPER AP PLACED MD N K1• • •I• COMPACTED PER EE NO �RA•�•:• • •'Ni sPE�Ewnoxs(sEE NOTE s Q M•0 II A • •4 ellerleAg. S snow) lU MIX.AGGREGATE SIZE, A A 2808AG X 8•CUSTOM DRAIN BASIN Y� \ • ti 2 `� -K TYPE IV JOINT M /T. Q ..•,-,,; ',i T2 , T .r. (TIP.) FR- — '4 R '''ICP' dVNU1AR BwF/U.RACED AND F I---,11 I Y... , 41.,1 A.,...`-`- - g"ag 'P 1 Va 'C ' I COMPACTED TO e5[HAIL DENSITY y-R _ S \„c,r ;... . , : PER NSNTD T-160,2•we P ,I,_. .'� ?e?` h=.,Ti.. AGGREGATE SIZE e•wTLUFT. a � ` .. C SFE NO7E1 SFE ...% til5 7. .4 Q `` a . .:.,,,,,,.,;:::::.:.,:f..., .::...1...."..0 ,P, F•ooec MATBN1 COMPACTED TD NOM 5 a. NC..<mx«a,1,o.w,.n.bx,..� / r'°` x p�I .. non, OOSIIY PER M41f0 SECTION"A-A" Z BT 4 :::.:.:.::.i::::: g::::.:::+;::.. PLAN YJ 00 tlEi Go �\s*>%�:£�5;�:::;,'. :'Y•>i�::<r;;`�T-leo,a/e•-7/e•AccaEGA1E me kt� �� 2810AG_J( IrCU5T0ld DRAIN BASIN I�1 111/1,..1.1.121171 1.CONTRACTOR TO HEREPROVIDES SAFE iDFNCN SLOPES N PER OSHA 1,,.•PRE110IDED F I t ��. REQUIREMENTS.WHERE SOIL CONDITIONS CAN NOT BE wVNTA1NED. &j I ' I. • CONTRACTOR 6 TO PR01'IDE APPROVED YF/JIS OF mNSIRUCDON. am MORAL JOOR •w J'�+"' h' w.xan7 '" 2.UNSUITABLE IN-SHN MAT RW5 SUCH AS L.................................._.::.: ,ir:'i MUCK,DEAL AND LARGE ROCKS SFNLL BE OP 0410;MOM ACED .MD I 1;:_ BACKFILL SHALL CONSST OF WASHED AND GRADED UMEROCIL ROM BDg: .7.......: .: _L JOINT'A'SMALL BE PLACED AT P.C.AND JOINT'0'SHALL BE j J.Off PPE AND/OR STRUCTURE SHALL BE FULLY SUPPORTED FOR IR P.T.OF CURIES JUNCTION OF OOSIWIG PLACED 5'-0•CENTER 10 .,.;... ENURE LENGTH WITH APPROPRIATE COMPACTION UNDER THE PPE HAUNCHES. SDEWAINS,EVERT'50'ON NOW SIDEWALKS. CORER ON ODEWALI .a,111.1.n.v.mrnamsru1111.1nn AND WHERE 10E5505 ABUTS CONCRETE CURBS, 4.1000001.SHALL BE FREE OF UNSUITABLE ATM.SUCH AS DRIVEWAYS AND SMWt STRUCTURES LARGE R00E.MUCIC.AND DOM TYPE'A'JOINT TYPE'El.JOINT ro 5.COMPACT BMCI61UI TO MR DENST(UNDER PAVEMENT AND TO 95% NOM ..w..s.. _ DENSITY ELSEWHERE(A4SHD 1-100) 1.5IDEWALX SHALL BE 4.11401 - •" ,, N .,.. (� e.COMPACTION MD DENSDY TESTS SHALL BE GOMPEEM NURSED BAORIL _ .....1114.. ,"."„,,,,,,,,,,- Nylon'lasF"',,,,,._ OPERATIONS CONTRACTORS NOT FOLJIIDNG TEAS PROCEDURE FOR 2.SIDEWALK(WIDTH VARIES.SEE SITE RAIL WHATEVER REASONS.SHALL BE REWIRED 10 RE-EXCAVATE THE AREA IN 1 SDEWAU(S OWL BE CLASS I CWEREIE]w00 PH IAN.SI 0D SAY9. -""''- .e i:.:-r.:..„ ,o. ,..o ..,..,., „,a "5M5M ,.wwr.w..7:::''.. ,,AZ „...,14..,.0„....v... WESIDN.DOWN TO THE BEDDING wTERIA.mai wpm.FOLLOWING ...:•"`�"”' „`"� THE ABovE PRogGIIRED. 4.SDEWALX RAMPS PER FOOT INDEX 304. 7.SHEETING 1141 BE REQUIRED AS DETERMINED IN THE FIELD. 5.BASE 10 BE we=P OF CLEW SANDFULLY COMPACTED.RAL 00010. a S.MECHANICAL COMPACTION NOT ALLOWED BELOW TNS LEVEL(51014 12' 5,PROVIDE 12'X I2'THICKENDX AT OTFI00R HEADER CURD ALONG OF TOP PPE). PERIMETER OF PROPOSED PLAYGROUND AREA NORTHEAST OF RESTROWS. • - - BWNEREDNSIRABESDRSAREENDWNBRmAT,NE PPE INVERT, TYPICAL CONCRETE SIDEWALK DETAIL DATE MAY 31.2019 THE BEDDING AUUC 50 S TO BE EXTENDED TDA IAN.OF 1e•BELOW NON TRAFFIC INSTALLATION THE INERT ELEVATION AND NON-WOVEN FILTER FABRIC TO BE IND Sru r N/A SEMEN UMSURAFLE SOILS BE BASE.PATER FABRIC TO MEND WN. N.T.S. INSEMED BY_11.7.____. 12•MOW TOP OF PPE DRAIN BASIN INLINE DRAIN DRAWN EN B.?. TYPICAL TRENCH DETAIL 1111.11M1111 *woos 1- B.z • ,o• Fn Qo p F- z Lii a I.e9 f®g 5 �-SOUD SOD ` 11 J IO N IIMIIMI jN gi gg 0. Q F Q S FINER FABRIC II��IIII�I II I1�I�I�Ol m 0 C) 5 VARIES _—. _ SOMME n. I .q,' ;:::v N0.4 CEASE r..«z - y Ce V H AGGREGATE J Illa, 7 re • 1,1 =11111 te'Mk PERFORATE) 6' ,.a�,.�r.:„,:;�_....,1.:1414,..:,�,.m,.w�;. 111=3C11.14111,111111.1.1,111101.15.41,11111.1. . .1 >0 J E Wz Z . 111",-,..: _ _ ,r, RDP4 „,....,,. W L=T W O 1. w ❑U ! d� 4,? •• .. . . 4.m1 ..,, =ranW m INyi$as( 0 f N SCL' �a(-MAD a .. ..� Q Q M SRET NO. C-5 PROJECT NO. 481hh90000y22�1510 T �� ecALL eI ALLP.,0571140 UTILITIES AN ON I1ESC PLANS. Qo'P�s°, ' 1 EO.YOU OIOI Ow ARS AO511oU10�VERIFIED OE CONSIDEMO MnIE r,rm, ( TYPICAL EXFILTRATION TRENCH DETAIL „,.,,,„,„.,,,m,M,. IN ME CONTRACTOrt • Or (BETWEEN SIR.6 AND 7) R 00WORK DresA„M.., s ,.m W PRIOR TOME START d www.Cdlsunshine.COM o N.T.S. a SS,NC0' DOD n\PROJECTS\Tem_aIY OF WWI Irwl\1O_Tam-Tm1 00150 IwuuwRI4PAL AMVexi7.19..nm-WIS. • PROJECTION OF FAST I *10, I rCOM OIUF APAliIMEM p� �FADT WALL OF 171 gg g f10' I • COUPLE( yyQQ IC PROP.SEIWALL 3'HEIGM PROP.SEAWALL G� EL 5.70' I MET PERIER WALL EL 5.70 E ill I (EK OTHERS) V j 3'HEIGHTj j PERIMETER WAIL ihi 0 g g iTIEI EL2.70 BABA GRASS(r(rm.) a EL 2.52'AT SOUTH It (B!OTHERS) / EXIST.GRADE AT NI6� ARCH.PIANS) PROPERTY UNES I I 11.11=1)='.. L EL 1.60 L .11=1=11.1.11�1, c V DOST.GRADE AT NES — — — • — / L EL 270± EXIST.SEAWALL--.</N 6'HDPE PIPE ® B'HDPE(0-5) /I /I 1 'REFER TO PROPOSED SEAWALL _...21r....-1 / �I/' PLANS PREPARED BY KIMLEY HORN. I FL 0.00 DUST.SEAWALL PERIMETER WALL AT NORTH/SOUTH PROPERTY LINES IXFlLTRAT ON TRENCH ADS YARD DRAIN(0-5) 18'HOPE PIPE(S-8) (LOOKING NORTH) DBI-TYPE C(S-6) FL(-)2.00 1 x.r.s. (FOOT NOD.425-052) (PROVIDE SKIWIER FOOT INDEX 443-002) SWALE SECTION(STRUCTURES 5&6). a (LOOKING NORTH) , .ryi;erg:: 1 1:1 il __ i_ 0? I DATE INT 31.2019 SCALE 1 I f-----1- DRAWN M TAB. i r rTr v. 0 I CHECKED FM_62, -- ;:,I- z A^ I (•• ^''' 7'HE1CM PROP.SEAWALL p EASE WALL OF (A .:+2.r I •v........z!. rAPARTMENT F l• .......I... I\ COMPED( PERIMETER WAIL EL 5.70 Z .................•( (BY OTHERS) lL 0 Z * LL 0 s.u.... Ener Ce F J PLAN Q F I- EL,2.70 BAHIA GRASS d ILI EXIST.GRADE AT N/S (SEE LANDSCAPE Q ..I CI. s..�•c.:.� PROPERTY LINES� EL 2 ARCH.PIANS) -I Q Z .z._.I. sz_r.I.P hA .. -•ate.... —11=11:-11:- •1„it1=11:11 S I I J re Y Ce ,s '�.u. s.r:o„ -ow FL 1.80 • EXIST.4'P/C W 'Z ) PROP. . / THE BE SEAWALL) TROUGH = 0 s (I�,! .I Ir an. BENDS �� THE NEW SEAWALL) J Q 111 FJ r. W ❑ m b '1-1---,,,:''i 8'HDPE % / W m ........... i PROP.4'PVC EXTENSION ❑ _ f/7 ` �irn.P FL(-)0.30 \1_. (THROUGH PROP.SEAWALL PANEL) Q QSECTIONEXFlLTRATION TRENCH &EFT NO. C-6 CBI TYPE C WITH PRB 18'HDPE PIPE FOOT DITCH BOTTOM INLET TYPE C ' (FOOT INDEX 425-052) F1'• VIDES PROJECT N0. 481900218.10 (PROVIDE SKIMMERIXISf.SEAWALL Ziac (FOOT INDEX 425-052) FOOT INDEX 443-002) KNOWYe CALL el I BN ON MESE PLA pM4re Q0 awF' � NTS CWPOrtE TOU OIn AUTOAND ONSISHOUDEREVERIFlEo SWALE SECTION(STRUCTURE 7) oP. —',-- CO.,R•.CTOR •(LOOKING NORTH) . ,T.PAR:m.,AR.nnm OP ORK PEM;IO,z 's0 :for::: W __ '''''''',0"•1:1-I4' ys T��.G DATE E 2:\PROJECTS\18230_CJIY OF WM BEAN\102241-1871 CRESPI BOULEVARD\QK\fM\Iev).10.3TIG-NBCOVIG Vii, CITY OF MIAMI BEACH u • MADELE I N E VILLAGE APARTMENTS = 46qp % N t GENERAL CONSTRUCTION NOTES: EMMASCINWTPE STANDARD GRAPHICS AND SYMBOLS ^'"" I CONTRACTOR TO FURNISNALL MORAN,MATERIALS NECESSARY FORA COMPLETE CONTRACTORS AND IS EFRANDLIABLETDREPASRRE„AREINSTALLATION AS!DETAIL HER..EACH CONTRACTOR SHALL RESPECT R `ESCR M°w RE ONLY,REFFR TO RTDHBOSEDDNDTHER RTH,PRDRCTRTRUE, =_-=_T4 SECURE CAUSES, T.REFER TO FRISK SCHEDULE FOR MATER. FR.: ......SHALL PROVIDE OFF SOEWUTHER PROTECTED AND ABBREvumvs USED OV THE FERMI SCHEDULE (NORTH fPaoJEcrxOaix ,,,,,• CKnE igsovf 1C,OnALL WOOL SRA.BE P DT PTU EO LO INDEM oNY OFAVYRLsERRANDARCHRECTAGOp'RttcOu oR LABS=ARRMOFRTOS VARE W TRUE NORTH FLOORAi f ABOVE FINISHED ATHE FACTOR SMALL OBTAOBTAINAVD PAY FORALLRFOVREO PRVBS,MSPECRIDNS MO110 nOMDE o -- APPROVALS. IDP siWEALTPOAi TxEVM MARKET VAOS.ALL ttsiSAEu°nnO v lARUNsxOwHl APNGTIO.V SNAIL CONSPEOFTED 10 GE OF TNE FORM TO THE MANUFACTURERS SPECNrunONS. MAID SPF BELOW FRIER FLOLOCI CONTRACTOR OR INSTALLEDISHEOCONTRACTOR 0.COORDWATON OF THE ROM THE GENERAL CONTRACTOR SHALL mtm 4nit cvoi CONTRACTOR FUROSHEIVORNER INSTALLED IMP R Mi N./AREA RO E UIR CONTROL AM EORRVRIMSER, CONTRACTOR E OW HALL BE CL CENTER FOLLOWED.Nu'HIPMESER.THE CONTMCTORIvSi %iDpv MSTxf OTHER WORK E MASONRY UNIT o PERvrt5AI V09NOA�DLCONREIETMEwOMALL VISTALL MEIR aNBYT1IRE TIME THE OTHER iRAOFB�'R VEFYO MES. COL COLOUR ROOM• 1R 0R 3 DS o E.EXAMINATION Of THE BRE AND DOCUMENTS:OM CONTRACTOR BEFORE LVE.CONTRA L PROPOSAL SHALL WSR TNE SITE AND EXAMINE FOR HIMSELF ALL CONDITIONS AND COOP° COORDINATE OOOaM xARETOI CONC CONCRETE 5 . DOCUNENTS.ITRES AND SUMMONS VI THESE OCCUVENTSARE FOR CPT MEET DDR NOIPSHOWm ERRORS MI APEUNGE VENT OF MAINERS/ALL BE REASON FOR DEMO DEMOLITON g 0.SEPARATE OMISSION R TS::THE OWNER REWOO<THE EAALERVEOiNERO TOLLET°T SCONRACTn VIEW NAME CONLACTORSRRECONNECTION MNIM °PPORTU YFORWATE N6T oFAEGRK UIIRINTH O�FTHEIRFROMAwTHER W. EJ EXPANSION JOINT AND MIN MIEN N01 VIM•Ir WEWTRLEREFE„ENCE 1 FLEE ELECTRIC FORA LONGER PER=FORM THE EwLACCEnAvcE R.ss OixEmvaf SPECIFIED EOS EDGE OF�EnxE,�Tcn - sW B ANr['ETAS GAR OUT ED EQUAL EQUIP 'SUMER RENOVAL EACH COMIRACTOR SHALL PROVIDE TRASN REVOVAL AT THE ENDOSA MO ELECTOC PERO SMALL REMOVE XL BRIS FROV THE ITE FOSE EXISTING . ARO xw CONTRACTOR OWNER OR x,ATPEAS OPTIOON,REASHOULD 0E Wa�RE�u TRAFO FLOOR DRAW SH 11a RCHAR4EBACATOW CONT M N FOC FRE DEPARTMENT CONNECTION A �DIvr.FPrilDv GIF OUT AROFE FIRE EITINGIASHER CHARGE ANTNT DISCREP�TOOMEBEFORE PaxEEDMO WITH HORROR ELSe BEGONE EXTINGUISHER CAME, REPORT RST O� • FUS 1®UW�I,T.MTI5ERTSBOxES.NAxOERS.000M.wMO0DINFti LNRRE WALLFOS PACE Of STUD EDF FACE OP FINISH 'FON FACE 011USONRT ••• ;IN YWT sfcinv T:LLr rnIL OA GAUGE Iu`v I....SECTIONS.DUALS.LATERALS.1315000 ETOMPv xvp00 TOTE00vMY 1b 0 NO'TEgI E"ONISTIr[cgrat7VA711 EBm Iti tT°A ATHE01 wxE"'" CONTRACTGL GLASS OR 0 1.3.1FIE GENERAL CONTRACTOR SHO BRACE ORLITY OF SUPPORT ORM M BOARD IbOIb fLFVATOV 0 THE CONTRACTOR NO HD NOSE BOG V SREQUIRED.TIOS ROO(SHALL DE VS ULLERMETHOD BY THE ARCHITECCONTRAT SHALL RE VS IIs/ �,2 ,L FT4 r6ALLwOMIS NEW UNLESS ISOWEE EMOTED LITY. 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BONLAA,TO MATER,.TO DESIGNER OF RECORD FOR APPROVAL PRIOR TO OF STEEL 3 INF TYPES TOW TOP OF VIALS MO MESS OTED OTHERWISE eENOxD ................. ................ J VI VERO,INFIELD CI .5 VEMEN lAVOLISHED LC PO ROTH • W W i. - WD WOOD w5RHEAD 7.S W 0 SIM WELDED RME MEIN „0 Z e-0I ;E0 G0.02 • WATERSIDE ..'r.�. 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'. eIMMITYwrl.re =", - a 'o -- , pr , EQUIPMENT SCHEDULE =__ >4I • .� EQUIPMENT C.W. H.W. TRAP F.U. REMARKS 0 unCw`IDMYBrt --c DESCRIPRIQN CONN SIZE, COUNT ''''''''..,...,1. prA¢ylptEg .`. STACKED CO,:? 12 Y 16 - 1ot mv"meumVNvulemnn wrmin9vwm � V t WASHER x eara+¢rxmvmlvnwmuau¢venvremnum I ' '`' DRYER ICGnCNx NnPNp6mxerAWnxl e• 1. PLAN D ill ' nom ... a� N �" m'� evrtu PLUI.®INQo0161CImNEga ..meu oo. il i wee r- N I ----- CCIMBIC6WNAm ii , i i „N• • - i..:: .... �j�\//��D11:=a1�1.°'1, 11=.11'/�CiC� O— manmxeawx t _ + — •-:7:4. "— — \ 011=11-IIS1=1L II`-II=000 _ ___ l\/l\l l l l < , i. i — - ' �/I✓/—;I_f.=11=1,:., ,71=1�f--]IG//✓! 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DmrenoH HICDICTARI u�ie � ., i ♦ .:'.#:::,..:7414:< ' ea i. :aIGI..e ,,:.w a a♦♦.. \\\\. 5 :I�. la ii g log i .f i nr .• ,•...I 11111 1 •.... � . ...'.nn er..enN. ,M 'ifm u •,:••.. �•.. .-. � .. .... 1 COIi81CNAmleE � { IXD1m MCTAIC[Cb m �._;: 1121 PROJECT .IUI. o.m NORTH -01*rsIN ONEW DOMESTIC WATER PLAN QD O DOMESTIC WATER RISER w r•ro P-s 8 s7 i / T E A A Is . i • • 1 a $ FiF N p i IN • 1 61 =M c9�sAf e 1,, , , NNSS��\ r 7 :kc 4"---`\ ill n, *- -• 4* i ." 2�� y V q iv I't4, ''' .//,' l'4"4'14.•/4147 N /Se/ es - 44%. '\ii l4/ i / .1.: .-'',:' . a': 0.t. a 'i 1 / ' '4% ::''',2' <-,9N Vi A D N s o MADELEINE VILLAGE APARTMENTS _ °"" DESCRIPTION ENGINEERS PIAPINERS SCIENTISTS z o CRESPI BLVD o p, 8 MIAMI BEACH FLORIDA < CONSTROMN MANAGERS E z o G' MO)•W.Awsawa Avtntse•:'aetL` mskx 61334@9 3:4. 934.77a16i8• kfunsttam *V e 6 SIDELLAANDSCAPEBPLI�TNTION e O�rnFlCAtEOFAOTHOWAONN0,4848 R _ LANDSCAPE GENERAL NOTES: rjy 1)FOLLOW THESE NOTES W ADDITION To CRY • PLANT SCHEDULE = a REQUIREMENTS AND DESIGN STANDARDS. 11)TREE PROTECTION: ._ V'Z PLACE BARRICADES AROUND THE DRIPUNE 2)VERIFY SITE CONDITIONS BEFORE BIDDING. OF EXISTING TREES BEFORE CONSTRUCTION, KEY, DESCRIPTION MINIMUM SPECIFICATIONS UNIT SPACING QUANTITY �rnQ INSTALLATIONS MAY REQUIRE ADDSIONAL IF CONSTRUCTOR OCCURS WITHIN 5 FEET ' "' .t, ^_ • • APPENDIX F { iii li £' JR d F }N IN j - '] giT-_,:.:...: fiik d � rre, a a S � � v ot: / 1 _ ` 1.01. t.:.) , _? ✓ .^ 4� "^,0 Post Award Forms MIAMI BEACH FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract;then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials,or supplies shall,within ninety(90)days after performance of the labor or after complete delivery of.the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials,or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions(2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)was(were)duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary(on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by PERFORMANCE AND PAYMENT BOND FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee,that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract Na. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1)year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one(1)year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce(1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed -under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The, documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 . Davis Bacon shall apply to this project. APPENDIX G a a d Davis-Bacon Act WD # FL20190074 "General Decision Number: FL20190074 02/15/2019 Superseded General Decision Number: FL20180117 State: Florida Construction Type: Residential County: Miami-Dade County in Florida. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 1 02/01/2019 2 02/15/2019 * ELEC0349-009 09/01/2018 Rates Fringes ELECTRICIAN $ 34.36 12.62 ENGI0487-012 07/01/2013 Rates Fringes OPERATOR: Backhoe $28.32 8.80 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over(With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons &Over(Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry& Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice); Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes...$ 29.05 8.80 Cranes with Boom Length Less than 150 Feet(With or without jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice) $28.32 8.80 OPERATOR: Oiler $22.99 8.80 IRON 0272-0 03 10/01/2017 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL $24.89 10.10 PAIN0365-005 08/01/2018 Rates Fringes PAINTER, Includes Brush, Roller and Spray(Excludes Drywall Finishing/Taping) $ 16.21 10.29 SFFL0821-003 01/01/2019 Rates Fringes SPRINKLER FITTER(Fire • Sprinklers) $28.38 19.44 S H E E 0 032-0 07 12/01/2013 Rates Fringes SHEET METAL WORKER, Includes HVAC Duct Installation (Excludes Metal Roof Installation) $ 23.50 12.18 SUFL2009-113 06/08/2009 Rates Fringes BRICKLAYER $20.00 0.00 CARPENTER, Excludes Drywall Hanging $ 12.51 0.00 CEMENT MASON/CONCRETE FINISHER...$ 17.97 0.00 DRYWALL FINISHER/TAPER $ 19.22 0.00 DRYWALL HANGER $ 15.69 0.00 FENCE ERECTOR $ 17.50 0.00 GLAZIER $20.00 0.00 HVAC MECHANIC (Installation of HVAC Unit Only, Excludes Installation of HVAC Pipe and Duct) $ 13.75 0.00 LABORER: Common or General $ 10.00 0.00 LABORER: Mason Tender-Brick...$ 11.51 0.00 LABORER: Mason Tender- Cement/Concrete $ 10.46 0.00 LABORER: Pipelayer $ 11.79 0.00 LABORER: Plaster Tender $ 10.50 0.00 LABORER: Roof Tearoff "$ 9.00 0.00 LABORER: Landscape and Irrigation $ 9.15 0.00 OPERATOR: Asphalt Paver $ 11.63 0.00 OPERATOR: Backhoe Loader Combo $ 17.04 0.00 OPERATOR: Bulldozer $ 13.67 0.00 OPERATOR: Distributor $ 11.41 0.00 OPERATOR: Excavator $ 13.50 0.00 OPERATOR: Forklift $ 17.50 0.00 OPERATOR: Grader/Blade $ 15.50 0.00 OPERATOR: Loader $ 16.48 0.00 OPERATOR: Roller $ 10.62 0.00 OPERATOR: Screed $ 10.93 0.00 OPERATOR: Trackhoe $ 15.68 0.00 OPERATOR: Tractor $ 10.20 0.00 PLUMBER $25.00 1.17 ROOFER, Includes Built Up, Modified Bitumen, and Shake & Shingle Roofs (Excludes Metal Roofs) $ 14.50 0.00 ROOFER: Metal Roof $ 16.99 0.00 TILE SETTER $ 16.00 0.00 TRUCK DRIVER, Includes Dump Truck $ 10.22 0.00 TRUCK DRIVER: Lowboy Truck $ 12.10 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5(a) (1) (ii)). The body of each wagetdetermination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of""identifiers""that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" APPENDIX H ' _ >i ,, ..-, 0 1) r i,t 3/ A I \ Al 1 i t �.."'''A,i (--' '1 Uniform Guidance Procurement Standards 2 CFR 200.317-200.326 APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following,as applicable. (A)Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. • (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 601.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319,12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or • contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. (G)Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended— Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H)Mandatory Standards and policies relating to energy efficiency which are contained in state energy conservation plan issued in compliance with Energy Policy and Conservation Act(42 U.S.0 6201). (I)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award{see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM),in accordance with the OMB _ guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J)Byrd Anti-Lobbying Amendment(31 U.S.C.1352)—Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non- Federal award. • (K) Procurement Of Recovered Materials.A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. • APPENDIX I t ti a r A { g :I EAC k� •REQUIRED FEDERAL FORMS (PRE-AWARD WITH BID SUBMISSION ) • CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25) and its implementing regulations at 41 CFR Chapter 60. The implementing rules and regulations provide that any bids or prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. CERTIFICATION BY BIDDER BIDDER'S NAME: ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject.to the Equal Opportunity Clause. ' Yes No 2. Compliance' reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder has filed all compliance reports due under applicable instructions, including F. 100. Yes No If answer to item 3 is "No", please explain in detail on reverse side of this certification. 1 BIDDER MUST SUBMIT THIS FORM, FULLY COMPLETED AND EXECUTED, AS PART OF ITS BID SUBMISSION. FAILURE TO DO SO SHALL RENDER THE BID NON-RESPONSIVE. CITY OF MIAMI BEACH SECTION 3 FORM AND INCOME LIMITS Name of Project: Amount of Contract: $ Prime Contractor: Address: Will you hire new employees as a result of this contract? Yes [ ] No[ ] Background: Section 3 of the Housing and Community Development Act of 1968, as amended, requires that when employment or contract opportunities are generated because of a project or activity undertaken by a recipient or HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts for the work, the recipient must • give preference in hiring low and very low-income persons. Section 3 requires that recipients not only include low and very low-income persons in their recruitment and solicitation efforts, but that, in fact, extra or greater efforts be undertaken to make these persons aware of the existence of economic opportunities, encourage their application for these opportunities, and facilitate the employment or, or award of contract to these persons. A Section 3 resident is defined as: • A public housing resident: or • An individual who resides in the metropolitan county in which the Section 3 covered assistance is expended and who is: (1) a low-income person; or (ii) a very low-income person Check all that apply(you must check at least one (1) of the following): Refer to the Income Limits Chart for Miami-Dade County below to determine if your total household income is at or below the low-income limit depending upon the total number of persons residing in the household. 0 Your business is at least 51% or more owned by Section 3 residents. 0 At least 30% of your permanent, full-time workforce employees are comprises of current Section 3 residents. At least 30% of your permanent, full-time workforce employees who within the 3 years of employment with your business were Section 3 residents. Your business will provide evidence of a commitment to subcontract in excess of 10% of the dollar award of all subcontractors for building,trades to be awarded to businesses which meet the above qualifications. 0 My business does not meet any of the above qualifications and I cannot commit to subcontract in excess of 10% of the dollar award of all subcontractors for building trades to be awarded to businesses which do meet the above qualifications. CHECKING THIS BOX SHALL DEEM THE BIDDER NON-RESPONSIVE. 2019 Income Category for Miami Dade County Median Fatuity Persons in Family FY FY 2019 Income Limit Area, Income 2©19 Income Limit Category 1 2 3 4 5 6 ;7 8 Very Low(S05a) Income Limits($) 29,650 33,900 38,150 42,350 45,750 49,150 52,550 55,950 ExplawationMiami-Miami Beach- Extremely Low Kendall,FL MUD Metro $54,900 Income Limits($)' 17,800 20,350 22,900 25,750 30,170 34,590 39,010 43,430 FMR Area ExMooreion Low(80%)Income ........_._......_.... ........._._._..._ .............. ______-,._.....,.�...._.., Limits(S) 47,450 54,200 61,000 67,750 73,200 78,600 84,050 89,450 1 BIDDER MUST SUBMIT THIS FORM, FULLY COMPLETED AND EXECUTED, AS PART OF ITS BID SUBMISSION. FAILURE TO DO SO SHALL RENDER THE BID NON-RESPONSIVE. BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semi-skilled, unskilled, labor and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least % (percent) from the Section 3 Covered Area(Miami-Dade County). THE MINIMUM NUMERICAL GOAL FOR EMPLOYMENT OF SECTION 3 RESIDENTS IS THIRTY (30) PERCENT OF THE AGGREGATE NUMBER OF NEW HIRES ANNUALLY. PLEASE NOTE THAT ANSWERING ZERO (0) PERCENT TO THIS QUESTION NO. 3 SHALL DEEM THE BIDDER NON-RESPONSIVE. (please print), as an Authorized Officer of the Bidder,do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, the Office of Housing and Community Services will monitor the project to assure compliance with this plan. Company Name: Company Address: Employer Federal ID# Printed Name Signature Date SECTION 3 UNAVAILABILITY CERTIFICATION I , (Title) Of (Prime Contractor) Certify that the undersigned does not have any entry-level jobs available. However, should such jobs become available during the project period, the undersigned agrees to accept referrals from CareerSource/referral agency to interview these referrals for the available positions. (If incorporated sign here) ATTEST CONTRACTOR • By Secretary (CORPORATE SEAL) (If not incorporated sign here) WITNESSES: CONTRACTOR By (1) APPENDIX J r3 L= fi�r, qr � rx-. 7 $k 'tea i REQUIRED FEDERAL FORMS (POST-AWARD) alU.S. Department of Labor PAYROLL H a Wage and Hour Division (For Contractor's Optional Use;See Instructions at www.dol.gov/whd/forms/wh347instr.htm) u.s.Wage cud Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.Dec.2008 NAME OF CONTRACTOR❑ OR SUBCONTRACTOR❑ ADDRESS OMB No.:1235-0008 Expires:04/30/2021 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4)DAY AND DATE (5) (6) (7) (9) Z o y DEDUCTIONS NET NAME AND INDIVIDUAL IDENTIFYING NUMBER a o E 0GROSS WITH- - ' WAGES (e.g.,LAST FOUR DIGITS OF SOCIAL SECURITY o o TOTAL RATE AMOUNT HOLDING TOTAL PAID NUMBER)OF WORKER z§ CLASSIFICATION HOURS WORKED EACH DAY HOURS OF PAY EARNED - FICA TAX OTHER DEDUCTIONS FOR WEEK 0 s - _ • 0 , / s l o • / , s 1 0 s / •0 s . / o . s 0 s I 0 s While completion of Form WH-347 is optional,it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R.§§3.3,5.5(a).The Copeland Act (40 U.S.C.§3145)contractors and subcontractors performing work on Federally financed or assisted construction contracts to''furnish weekly a statement with respect to the wages paid each employee during the preceding week."U.S.Department of Labor(DOL)regulations at 29 C.F.R.§5.5(a)(3)(ii)require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project,accompanied by a signed"Statement of Compliance"indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed.DOL and federal contracting agendas receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that is will take an average of 55 minutes to complete this collection,Including time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.If you have any comments regarding these estimates or any other aspect of this collection,Including suggestions for reducing this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of Labor,Room 53502,200 Constitution Avenue,N.W. Washington,D.C.20210 (over) Date (b)WHERE FRINGE BENEFITS ARE PAID IN CASH (Name of Signatory Party) (Title) 0 — Each laborer or mechanic listed in the above referenced payroll has been paid, as Indicated on the payroll,an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in section 4(c)below. (1)That I pay or supervise the payment of the persons employed by (c)EXCEPTIONS on the (Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION ;that during the payroll period commencing on the (Building or Work) day of — , and ending the day of all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part 3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat.948, 63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.§3145),and described below: • ' REMARKS: (2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists In a State,are registered with the Bureau of Apprenticeship and Training,United States Department of Labor. (4)That: - (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS NAME AND TITLE SIGNATURE ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above refei-enced payroll, payments of fringe benefits as listed In the contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. except as noted in section 4(c)below. • Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the wage A. 1. (i) Minimum Wages. All laborers and mechanics rates contained in the wage determination. - employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Secretary Labor, Washington, D.C. 20210. The Administrator, or an of Labor which is attached hereto and made a part hereof, authorized representative, will approve, modify, or regardless of any contractual relationship which may be disapprove every additional classification action within 30 alleged to exist between the contractor and such laborers days of receipt and so advise HUD or its designee or will and mechanics. Contributions made or costs reasonably notify HUD or its designee within the 30-day period that anticipated for bona fide fringe benefits under Section additional time is necessary. (Approved by the Office of I(b)(2) of the Davis-Bacon Act on behalf of laborers or Management and Budget under OMB control number 1215- mechanics are considered wages paid to such laborers or 0140.) mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for (c) In the event the contractor, the laborers or mechanics more than a weekly period (but not less often than to be employed in the classification or their quarterly) under plans, funds, or programs, which cover the representatives, and HUD or its designee do not agree on particular weekly period, are deemed to be constructively the proposed classification and wage rate (including the made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the Such laborers and mechanics shall be paid the appropriate views of all interested parties and the recommendation of wage rate and fringe benefits on the wage determination HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which work 1215-0140.) is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) appropriate) determined pursuant to subparagraphs shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the wage approve an additional classification and wage rate and determination or shall pay another bona fide fringe benefit fringe benefits therefor only when the following criteria or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (II) (a) The contractor shall submit weekly for each week in representative of the Department of Labor withhold or which any contract work is performed a copy of all payrolls cause to be withheld from the contractor under this to HUD or its designee if the agency is a party to the contract or any other Federal contract with the same contract, but if the agency is not such a party, the prime contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant sponsor, subject to Davis-Bacon prevailing wage requirements, or owner, as the case may be, for transmission to HUD or which is held by the same prime contractor so much of the its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required to necessary to pay laborers and mechanics, including be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. Optional designee may, after written notice to the contractor, Form WH-347 is available for this purpose from the Wage sponsor, applicant, or owner, take such action as may be and Hour Division Web site at necessary to cause the suspension of any further http://www.dof.gov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for the violations have ceased. HUD or its designee may, after submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the contract, disbursements in the case of direct Davis-Bacon Act but if the agency is not such a party, the contractor will contracts. submit the payrolls to the applicant sponsor, or owner, as 3. (i) Payrolls and basic records. Payrolls and basic the case may be, for transmission to HUD or its designee, records relating thereto shall be maintained by the the contractor, or the Wage and Hour Division of the contractor during the course of the work preserved for a Department of Labor for purposes of an investigation or period of three years thereafter for all laborers and audit of compliance with prevailing wage requirements. It is mechanics working at the site of the work. Such records not a violation of this subparagraph for a prime contractor shall contain the name, address, and social security to require(a subcontractor to provide addresses and social number of each such worker, his or her correct security numbers to the prime contractor for its own classification, hourly rates of wages paid (including rates records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number 1215- in Section I(b)(2)(B) of the Davis-bacon Act), daily and 0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any subcontractor or his or'her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and that performed. In addition, any apprentice performing work on no deductions have been made either directly or indirectly the job site in excess of the ratio permitted under the from the full wages earned, other than permissible registered program shall be paid not less than the deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage 'determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination incorporated (expressed in percentages of the journeyman's hourly rate) into the contract. specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid (c) The weekly submission of a properly executed at not less than the rate specified in the registered certification set forth on the reverse side of Optional Form program for the apprentice's level of progress, expressed WH-347 shall satisfy the requirement for submission of the as a percentage of the journeymen hourly rate specified in "Statement of Compliance" required by subparagraph A. 3. the applicable wage determination. Apprentices shall be (ii)(b). paid fringe benefits in accordance with the provisions of (d) The falsification of any of the above certifications may the apprenticeship program. If the apprenticeship program subject the contractor or subcontractor to civil or criminal does not specify fringe benefits, apprentices must be paid prosecution under Section 1001 of Title 18 and Section 231 the full amount of fringe benefits listed on the wage of Title 31 of the United States Code. determination for the applicable (iii) The contractor or subcontractor shall make the records classification. If the Administrator determines that a required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with representatives of HUD or its designee or the Department that determination. In the event the Office of of Labor, and shall permit such representatives to interview Apprenticeship Training, Employer and Labor Services, or employees during working hours on the job. If the a State Apprenticeship Agency recognized by the Office, contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary ' for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they 29 CFR 5.12. are employed pursuant ',to and individually registered in 4. Apprentices and Trainees. a program which has received prior approval, evidenced (i) Apprentices. Apprentices will be permitted to work at by formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall not be wage rate on the wage determination which provides for greater than the ratio permitted to the contractor as to the entire work less than full fringe benefits for apprentices. Any force under the registered program.Any worker listed on a payroll at employee listed on the payroll at a trainee rate who is not an apprentice wage rate,who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref.Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act or paid not less than the applicable wage rate on the wage 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD'programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be (iii) The penalty for making false statements is prescribed permitted to utilize trainees at less than the applicable in the U.S. Criminal Code; 18 U.S.C. 1001. Additionally, predetermined rate for the work performed until an acceptable U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of. . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes,utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not more opportunity requirements of Executive Order 11246, as than two years, or both." amended, and 29 CFR Part 30. 11. Complaints,Proceedings,or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B.Contract Work Hours and Safety Standards Act.The provisions subcontracts. The prime contractor shall be responsible of this paragraph B are applicable where the amount of the prime for the compliance by any subcontractor or lower tier contract exceeds $100,000. As used in this paragraph, the terms subcontractor with all the contract clauses in this "laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act compensation at a rate not less than one and one-half times the basic Requirements. All rulings and interpretations of the Davis- rate of pay for all hours worked in excess of 40 hours in such Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 workweek. are herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes ? case of work done under contract for the District of within the meaning of this clause include disputes Columbia or a territory, to such District or to such territory), between the contractor (or any of its subcontractors) and for liquidated damages. Such liquidated damages shall be HUD or its designee, the U.S. Department of Labor, or the computed with respect to each individual laborer or employees or their representatives. mechanic, including watchmen and guards, employed in 10. (i) Certification of Eligibility. By entering into this violation of the clause set forth in subparagraph (1) of this contract the contractor certifies that neither it (nor he or paragraph, in the sum of $25 for each calendar day on she) nor any person or firm who has an interest in the which:such individual was required or permitted to work in contractor's firm is a person or firm ineligible to be excess of the standard workweek of 40 hours without awarded Government contracts by virtue of Section 3(a) payment of the overtime wages required by the clause set of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(06/2009) Page 4 of 5 ref.Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours'and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor Project No./Project Name This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25) and its implementing regulations at 41 CFR Chapter 60. The implementing rules and regulations provide that any bids of prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS submitted. SUBCONTRACTOR'S CERTIFICATION SUB-CONTRACTORS NAME: SUB-CONTRACTORS ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes_ No_ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes_No_ 3. Bidder has filed all compliance reports due under applicable instructions, including SF. 100. Yes No 4. If answer to any item is "No", please explain in detail below or attach a piece of paper if needed. Certification - The information above is true and complete to the best of my knowledge and belief. Print Name Signature Date 0600 SUPPLEMENTAL TERMS AND CONDITIONS, AND APPLICABLE LAWS RELATING TO CDBG.AND HOME PROGRAM REQUIREMENTS As specified in Section 0200(9) and (10), all U.S. HUD / CDBG / HOME program requirements shall govern this Project, and Contractor shall comply with all applicable CDBG/HOME requirements, including,without limitation,the following: 1. Uniform Requirements In addition to other provisions required by the Federal agency or City, all contracts made by the City under this Federal award must contain provisions covering the following, as applicable. A. Contracts,for more than the simplified acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. B. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. C. Equal Employment,Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued .by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported,violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States")..The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Contractor is to submit Attachment C-10: Davis Bacon Certification Form with each Application for Payment. E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers .must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard-work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding • agency and the Regional Office of the Environmental Protection Agency (EPA). H. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Contractor shall provide the City a copy of the site page that indicates the name and the date it was checked for each subcontractor at the time of requesting subcontractor's approval. I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. J. See §200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] 2. Civil Rights The Contractor agrees to comply with the following Federal regulations: A. Title VI of the Civil Rights Act of 1964, as Amended (42 USC 2000d et seg.): States that no person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race,color or national origin. The regulations implementing the Title VI Civil Rights Act provisions for HUD programs may be found in 24 CFR Part 1. B. Title VIII of the Civil Rights Act of 1968, as amended (The Fair Housing Act) (42 USC 3601-3620): Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status. Fair Housing Act implementing regulations may be found in 24 CFRiPart 100-115. C. Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property,or in the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 107. D. Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age discrimination in programs receiving Federal financial assistance. Age Discrimination Act regulations may be found in 24 CFR Part 146. • E. Section 109 of Title I of the Housing and Community Development Act of 1974: In compliance with 24 CFR 570.602 No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin or sex. F. And any applicable non-discrimination provisions of Florida law and the City's Human Rights Ordinance, set forth in Chapter 62 of the City Code of the City of Miami Beach. G. Section 504 The Contractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8,which prohibits discrimination against the individuals with disabilities or handicaps in any Federally-assisted program. Contractors or subcontractors are subject to Section 504 requirements only in the work they do on behalf of the City. H. Americans with Disabilities Act of 1990 (42 USC 12131; 47 USC 155, 201, 218 and 225): Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act, also referred to as the ADA, also states that discrimination includes the failure to design and construct facilities (built for first occupancy after January 26, 1993)that are accessible to and usable by persons with disabilities. The ADA also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Removal must be readily achievable, easily accomplishable and able to be carried out without much difficulty or expense. I. The Architectural Barriers Act of 1968 (42 USC 4151-4157): In compliance with 24 CFR 570.614, requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. 3. Employment and Contracting Opportunities Women- and Minority-Owned Businesses (W/MBE) A. In compliance with Executive Orders Nos. 11625 and 12432, concerning Minority Business Enterprise, and Executive Order No.12138, concerning Women's Business Enterprise, Contractor will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms"small business"means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise"means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members"are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Contractor may rely on written representations,by businesses regarding their status as minority and women business enterprises in lieu of an independent investigation. (see 24 CFR 85.36(e)). B. Contractor is to submit to City the Contract and Subcontract Activity Report - W/MBE Form as detailed in Attachment C-9 every year the contract is active by no later than April 15 and October 15. 4. Employment Restrictions A. Prohibited Activity The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. B. "Section 3" Clause 1) Compliance Compliance with the provisions of Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract,shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractor's subcontractors. Failure to fulfill these requirements shall subject the Contractor and any of the subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. To prove compliance, Contractor must submit to City a quarterly Section 3 report established in Attachment C-8 showing steps taken to fulfill Section 3 Goals established in Attachment A—10. Contractor further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing,and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d) The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 2) Referrals and Interviewing Eliaible'Laborers and Trainees • Contractor shall comply with, and shall require each subcontractor to comply with, all City and CDBG/HOME requirements with respect to accepting referrals and interviewing eligible Laborers and/or Trainees as outlined below. These eligible Laborers and Trainees shall fill entry-level positions in the Contractor's construction work force and be provided with meaningful training in order to increase the likelihood that they be absorbed into the permanent work force upon completion of the project if the contractor has entry-level positions available. FOR A BIDDER TO BE A RESPONSIVE BIDDER,THE BIDDER MUST SUBMIT WITH ITS BID, AMONG ALL OTHER REQUIREMENTS OF THIS ITB, (1) THE BIDDER'S INITIAL SECTION 3 GOALS (SEE APPENDIX A), AND (2) THE "ELIGIBLE JOBS AVAILABILITY FORM" OR THE "UNAVAILABILITY CERTIFICATION" (SEE APPENDIX A). NO FORMS WILL BE ACCEPTED AFTER THE BID DUE DATE AND TIME, WITHOUT ANY EXCEPTION. a) If the successful bidder has eligible job vacancies available, it is the bidder's responsibility to contact a local employment referral agency (such as CareerSource) at least two (2) weeks before the commencement of construction in order to obtain job recruitment referrals. b) To obtain a list of job recruitment referrals the contractor shall contact: CareerSource, 833 6th Street, 2nd Floor, Miami Beach, FL 33139.Telephone (305)532-5350 or visit their website at http://www.careersourcesfl.com/career- center/. Contractor may work with any other local employment referral agency, provided that Contractor otherwise satisfies all CDBG/HOME Section 3 requirements. c) In the event of the occurrence of any vacancy of eligible job positions at any time during the project,the Contractor shall immediately contact CareerSource (or the referral agency of its choice) for new referrals in order to fill those vacancies. d) Contractor shall refer all entry-level job applicants that contact the Contractor directly to CareerSource/referral agency for determination of their eligibility. e) Contractor may obtain from CareerSource/referral agency information regarding wage subsidies and tax credits as related to the employment to low income persons and residences of enterprise zones. f) Contractor shall include, or cause to be included, in all subcontracts covering any of the work covered by this contract, the requirements applicable to the Contractor and appearing herein. The requirements for subcontractors only apply to labor and installation subcontracts and exclude materials and supplies subcontracts. g) Nothing herein shall be construed to require or warrant the award of a bid to a Prime Contractor when it is not the lowest responsive bid when two (2) or more bidders either meet the requirements or certify that no entry level positions are available. h) Nothing herein shall be construed to require a Contractor to award a subcontract bid if it is not the lowest responsive bid. i) Nothing herein shall be construed to indicate that a higher level of jobs involvement for eligible Laborers or Trainees will give the bidder the right of award over other bidders who have agreed to accept referrals form CareerSource/referral agency. However, when all elements of a bid are substantially equal, the number of entry-level positions available may be used to break ties. j) DEFINITIONS: i. Laborer: Includes at least those workers whose duties are manual or physical in nature, excluding those workers who use tools or who are ' performing the work of trade ii. Trainee: Includes a person registered and receiving on-the-job training in a construction occupation under a program which has been approved in advance by the United States Department of Labor and Employment Training Administration as meeting its standards for the on-the-job training programs which have been certified by that Administration. 5. Conduct A. Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto;provided, however,that claims for money due or to become due to the Contractor from the City under this contract may be assigned td a bank,trust company, or other financial institution without such approval. Notice of any Such assignment or transfer shall be furnished promptly to the City. B. Subcontracts 1) Approvals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. 2) Monitoring The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3) Content The Contractor shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4) Selection Process The Contractor shall undertake the necessary steps to ensure that subcontracts awarded as a result of this Agreement meet Section 3 goals. C. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. D. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 570.611, which include (but are not limited to the following: 1) The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 2) No employee, officer or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent,consultant,officer,or elected or appointed official of the City,the Contractor, or any designated public agency. 6. Environmental Conditions The City is responsible for undertaking environmental reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests for Release of Funds (RROF) submitted to HUD before CDBG/HOME funds are committed for non-exempt activities. Private citizens and organizations may object to the release of funds for CDBG projects on certain procedural grounds relating to Environmental Review (see 24 CFR 58.70 - 58.77). To avoid challenges, grantees (the City) and Sub- Recipients (the Provider) should be diligent about meeting procedural requirements. The Contractor agrees to comply with the following Federal rules and regulations in the course of the rehabilitation project. A. Flood Disaster Protection Act of 1973 (42 U.S.C.4001) City shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). B. Lead-Based Paint On September 15, 1999,the"Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule"was published within Title 24 of the Code of Federal Regulations as Part 35 (24 CFR 35). The regulation was issued under Sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,which is Title X(10)of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint in federally- associated housing. The regulation sets hazard reduction requirements that give much greater emphasis to reducing lead in house dust. Scientific research has found that exposure to lead in dust is the most common way youngchildren become lead poisoned. Therefore, the new regulation requires dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend on whether the housing is being disposed of or assisted by the Federal government, and also on the type and amount of financial assistance, the age of the structure, and whether the dwelling is rental or owner- occupied. On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning to protect against the hazards created by exposure to lead dust in existing structures built prior to 1978. Under the rule, all contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.This rule (40 CFR Part 745) is enforced as of April 22, 2010.The rule must be executed by all Sub- Contractors. Property Exempt from Lead-based paint regulation: 1) Housing built since January 1, 1978, when lead paint was banned for residential use; 2) Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there; 3) Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories or military barracks; 4) Property that has been found to be free of lead-based paint by a certified lead- based paint inspector; 5) Property where all lead-based paint has been removed; 6) Unoccupied housing that will remain vacant until demolished; 7) Non-Residential property; and 8) Any rehabilitation or housing improvement that does not disturb a painted surface. Types of housing subject to 24 CFR 35: 1) Federally-Owned housing being sold; 2) Housing receiving a Federal subsidy that is associated with the property, rather than with the occupants (project-based assistance); 3) Public housing; 4) Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or certificate); 5) Multifamily housing for which mortgage insurance is being sought; and 6) Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs. If you want copies of the regulation or have general questions, you can call the National Lead Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also download the regulation and other educational materials at http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-1785, ext. 104, or e-mail HUD at lead regulations@hud.gov. The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608,the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that,depending on the amount of Federal funds applied to a property,, paint testing, risk assessment, treatment and/or abatement may be conducted. The Contractor agrees to ensure that all contractors performing renovation, repair and painting of projects assisted with HOME funds comply with the certification requirements of the 2008 EPA Rule under 40 CFR Part 745. C. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Balance of Page Intentionally Left Blank 0 • 29 CFR 1.6 - Use and effectiveness of wage determinations. Section Number: 1.6 Section Name: Use and effectiveness of wage determinations. (a) (1) Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determinations. If such a wage determination is not used in the period of its effectiveness it is void. Accordingly, if it appears that a wage determination may expire between bid opening and contract award (or between initial endorsement under the National Housing Act or the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937, and the start of construction) the agency shall request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award but after bid opening (or before the start of construction, but after initial endorsement under the National Housing Act, or before the start of construction but after the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937), the head of the agency or his or her designee may request the Administrator to extend the expiration date of the wage determination in the bid specifications instead of issuing a new wage determination. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension of the expiration date of the determination is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all of the circumstances, including an examination to determine if the previously issued rates remain prevailing. If the request for extension is denied, the Administrator will proceed to issue a new wage determination for the project. (2) General wage determinations issued pursuant to § 1.5(a), notice of which is published on WDOL, shall contain no expiration date. (b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator,who shall give foremost consideration to area practice in resolving the question. (c) (1) Project and general wage determinations may be modified from time to time to keep them current. A modification may specify only the items being changed, or may be in the form of a supersedeas wage determination, which replaces the entire wage determination. Such actions are distinguished from a determination by the Administrator under paragraphs (d), (e) and (f) of this section that an erroneous wage determination has been issued or that the wrong wage determination or wage rate schedule has been utilized by the agency. (2) (I) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows: (A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency less than 10 days before the opening of bids • shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if the modification is received after bid opening. (B) In the case of projects assisted under the National Housing Act, modifications shall be effective if received prior to the beginning of construction or the date the mortgage is initially endorsed,whichever occurs first. (C) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, modifications shall be effective if received prior to. the beginning of construction or the date the agreement to enter into a housing assistance payments contract is executed,whichever occurs first. (ii) Modifications to project wage determinations and supersedeas wage determinations shall not be effective after contract award (or after the beginning of construction where there isno contract award). (iii) Actual written notice of a modification shall constitute receipt. (3) All actions modifying a general wage determination shall be effective with respect to any project to which the determination applies, if notice of such actions is published before contract award (or the start of construction where there is no contract award), except as follows: (I) In the case of contracts entered into pursuant to competitive bidding procedures, a modification, notice of which is published less than 10 days before the opening of bids, shall be effective unless the agency finds that there is not a reasonable time still available before bid opening to notify bidders of the modification and a report of the finding is inserted in the contract file.A copy of such report shall be made available to the Administrator upon request. No such report shall be required if notice of the modification is published after bid opening. (II) In the case of projects assisted under the National Housing Act, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (iii) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937,a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is signed, whichever occurs first. (iv) If under paragraph (c)(3)(i) of this section the contract has not been awarded within 90 days after bid opening, or if under paragraph (c)(3)(ii) or (iii) of this section construction has not begun within 90 days after initial endorsement or the signing of the agreement to enter into a housing assistance payments contract, any modification, notice of which is published on WDOL prior to award of the contract or the beginning of construction, as appropriate, shall be effective with respect to that contract unless the head of the agency or his or her designee requests and obtains an extension of the 90-day period from the Administrator. Such request shall be supported by a written finding,which shall include a brief statement of the factual support,that the extension is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business.The Administrator will, either grant or deny the request for an extension after consideration of all the circumstances. • (v) A modification to a general wage determination is "published" within the meaning of this section on the date notice of a modification or a supersedeas wage determination is published on WDOL or on the date the agency receives actual written notice of the modification from the Department of Labor, whichever occurs first. Archived versions of Davis-Bacon and Related Acts wage determinations that are no longer current may be accessed in the "Archived DB WD" database of WDOL for information purposes only. Contracting officers should not use an archived wage determination in a contract action without prior approval of the Department of Labor. (vi) A supersedeas wage determination or a modification to an applicable general wage determination, notice of which is published after contract award (or after the beginning of construction where there is no contract award) shall not be effective. (d) Upon his/her own initiative or at the request of an agency, the Administrator may correct any wage determination, without regard to paragraph (c) of this section, whenever the Administrator finds such a wage determination contains clerical errors. Such corrections shall be included in any bid specifications containing the wage determination, or in any on-going contract containing the wage determination in question, retroactively to the start of construction. (e)Written notification by the Department of Labor prior to the award of a contract (or the start of construction under the National Housing Act, under section 8 of the U.S. Housing Act of 1937, or where there is no contract award) that: (1).There is included in the bidding documents or solicitation the wrong wage determination or the wrong schedule or that (2) a wage determination is withdrawn by the Department of Labor as a result of a decision by the Administrative Review Board, shall be effective immediately without regard to paragraph (c) of this section. (f)The Administrator may issue a wage determination after contract award or after the beginning of construction if the agency has failed to incorporate a wage determination in a contract required to contain prevailing wage rates determined in accordance with the Davis-Bacon Act, or has used a wage determination which by its terms or the provisions of this part clearly does not apply to the contract. Further, the Administrator may issue a wage determination which shall be applicable to a contract after contract award or after the beginning of construction when it is found that the wrong wage determination has been incorporated in the contract because of an inaccurate description of the project or its location in the agency's request for the wage determination. Under any of the above circumstances, the agency shall either terminate and resolicit the contract with the valid wage determination, or incorporate the valid wage determination retroactive to the beginning of construction through supplemental agreement or through change order, Provided That the contractor is compensated for any increases in wages resulting from such change.The method of incorporation of the valid wage determination, and adjustment in contract price, where appropriate, should be in accordance with applicable procurement law. (g) If Federal funding or assistance under a statute requiring payment of wages determined in accordance with the Davis-Bacon Act is not approved prior to contract award (or the beginning of construction where there is no contract award), the agency shall request a wage determination prior to approval of such funds. Such a wage determination shall be issued based upon the wages and fringe benefits found to be prevailing on the date of award or the beginning of construction (under the National Housing Act, under section 8 of the U.S. Housing Act of 1937 or where there is no contract award), as appropriate, and shall be incorporated in the contract specifications retroactively to that date, Provided, That upon the request of the head of the agency in individual cases the Administrator may issue such a wage determination to be effective on the date of approval of Federal funds or assistance whenever the Administrator finds that it is necessary and proper in the public interest to prevent injustice or undue hardship, Provided further That the Administrator finds no evidence of intent to apply for Federal funding or assistance prior to contract award or the start of construction, as appropriate. [48 FR 19533,Apr. 29, 1983, as amended at 50 FR 49823, Dec. 4, 1985; 70 FR 50894, Aug. 26, 2005] DETERMINATION(S)ASSIGNED TO THIS PROJECT: (Insert Wage Determination(s) Wage Determination Pagel INSTRUCTIONS FOR CERTIFIED PAYROLL FORM WH-347 General: Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts. While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits. This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Payroll No.: Beginning with the number"1", list the payroll number for the submission. For Week Ending: List the workweek ending date. Project and Location: Self-explanatory. Project or Contract No.: Self-explanatory. Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted. Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 -Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries. Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime". Column 5-Total: Self-explanatory Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40"would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See"FRINGE BENEFITS" below. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work. Column 8- Deductions: Five columns are provided for showing deductions made. If more than five deductions are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under"Total Deductions"column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages. Column 9-Net Wages Paid for Week: Self-explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Items land 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement. Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions in section 4(c). Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined`rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits"for computation of overtime rate. NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOYMENT TO: (Name of Union or Organization of Workers) The undersigned currently holds contract(s) with • (Name of Applicant) Involving funds or credit of the U.S. Government of (a) subcontract (s) with prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontract(s) and in accordance with Executive Order 11246, dated September 4, 1965, and its implementing regulations at 41 CFR Chapter 60, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate includes, but is not limited to the following: HIRING, PLACEMENT, UPGRADING, TRANSFER OR DEMOTION, RECRUITMENT, ADVERTISI NG OR SOLICITATION FOR EMPLOYMENT TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTI CESHIP, LAYOFF OR TERMINATION. This notice is furnished to you pursuant to the provisions of the above contract(s) and Executive Order 11246 and its implementing regulations at 41 CFR Chapter 60. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Contractor or Subcontractor) (Date) SECTION 3 ELIGIBLE JOBS AVAILABILITY FORM (Name of Contractor) (Contract No.) (Location) Available Entry Level Jobs Salary Level Max Duration of Employment 1. 2. 3. The undersigned agrees to accept referrals from CareerSource/other referral agency and to interview referrals for the above-designated positions. (If incorporated sign here) ATTEST CONTRACTOR By Secretary (CORPORATE SEAL) (If not incorporated sign here) WITNESSES: CONTRACTOR By • STATEMENT OF COMPLIANCE: DAVIS BACON ACT ' No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe,benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced _ as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: • Contract and Subcontract Activity U.S.Department of Housing and Urban Development OMB Approval No.: 2535-0117(exp.1/31/2013) .Public Reporting Burden for this collection of information is estimated to average.50 hours per response,Including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This information is voluntary. HUD may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB Control Number. Executive Order 12421 dated July 14,1983,directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise(MBE)goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents,HUD generally discloses this data only in response to a Freedom of Information request. Privacy Act Notice-The United States Department of Housing and Urban Development,Federal Housing Administration,is authorized to solicit the information requested in this form by virtue of Title 12,United States Code,Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent,except as required or permitted by law. 1.Grantee/Project Owner/Developer/Sponsor/Builder/Agency Check if: 2.Location(City,State,ZIP Code) PHA n HA n 3a.Name of Contact Person 3b.Phone Number(Including Area Coda) 4.Reporting Period 5. Program Code(Not applicable for CPD programs.) 6.Date Submitted to Field Office ri Oct.1-Sept.30(Annual-FY) See explanation of codes at bottom of page. Use a separate sheet for each program code. Contractor or Grant/ProjectNumberor Amount of Type of Subcontractor Woman Prime Contractor Sec. Subcontractor Sec. Contractor/SubcontredorName and Address HUD Case Number or Contract Trade Business Owned Identification(ID) 3 Identification(ID) 3 7). other identification of property, or Subcontract Code Racial/Ethnic Business Number Number subdivision,dwelling unit,etc. (See Code (Yes or below) (See below) No) Name Street City State Zp Code 7a. 7b. 7c. 7d. 7e. 7f. 7g. 7h. 71. 7c: Type of Trade Codes: 7d: Ret lal/Ethnic Codes: 6: Program Codes(Complete for Housing and Public and Indian Housing programs only): CPD: Housing/Public Housing: 1=White Americans 1=All insured,including Section 8 5=Section 202 1=New Construction 1=New Construction 6=Professional 2=Black Americans 2=Flexible Subsidy 6=HUD-Held(Management) 2=Education/Training 2=Substantial Rehab. 7=Tenant Services 3=Native Americans 3=Section 8 Noninsured,Non-RPDA 7=Public/Indian Housing 3=Other 3=Repair 8=Education/Training 4=Hispanic Americans 4=Insured(Management 4=Service 9=Arch./Engrg.Appraisal 5=Asian/Pacific Americans 5=Project MangL 0=Other 6=Hasidic Jews Previous editions are obsolete. form HUD-2516(8/98) This report is to be completed by grantees,developers,sponsors,builders,agencies, completed for public and Indian housing and most community development programs. may establish income ceilings higher or lowerthan 80 per centum of the median for the and/or project owners for reporting contract and subcontract activities of$10,000 or Form HUD-60002 is to be completed by all other HUD programs including State area on the basis of the Secretary's findings that such variations are necessary more under the following programs: Community Development Block Grants(entitle- 7 administered community development programs covered under Section 3. because of prevailing levels of construction costs or unusually high or low-income ment and small cities);Urban Development Action Grants;Housing Development A Section 3 contractor/subcontractor is a business concern that provides economic families. Very low-Income persons means low-income families (including single Grants;Multifamily Insured and Noninsured;Public and Indian Housing Authorities; opportunities to low-and very low-Income residents of the metropolitan area(or persons)whose Incomes do not exceed 50 per centum of the median family Income and contracts entered into by recipients of CDBG rehabilitation assistance. nonmetropolitan county),Including a business concern that is 51 percent or more for the area,as determined by the Secretary with adjustments for smaller and larger Contracts/subcontracts of less than$10,000 need be reported only If such contracts owned by low-or very low-income residents;employs a substantial number of low-or families,except that the Secretary may establish income ceilings higher or lower than represent a significant portion of your total contracting activity. Include only contracts very low-income residents; or provides subcontracting or business development 50 per centum of the median for the area on the basis of the Secretary's findings that executed during this reporting period. opportunities to businesses owned by low-or very low-income residents. Low-and such variations are necessary because of unusually high or low family incomes. This form has been modified to capture Section 3 contract data in columns 7g and 71. very low-income residents include participants in Youthbuild programs established Submit two(2)copies of this report to your local HUD Office within ten(10)days after Section 3 requires that the employment and other economic opportunities generated under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. the end of the reporting period you checked in item 4 on the front. by HUD financial assistance for housing and community development programs shall, The terms low-income persons°and"very low-income persons"have the same Complete item 7h.only once for each contractor/subcontractor on each semi-annual to the greatest extent feasible,be directed toward low-and very low-income persons, meanings given the terms in section 3(b)(2)of the United States Housing Act of 1937. report. particularly those who are recipients of government assistance for housing.Recipients Low-income persons mean families(Including single persons)whose incomes do not Enter the prime contractor's ID in item 7f.for all contracts and subcontracts. Include using this form to report Section'3 contract data must also use Part I of form HUD- exceed 80 per centum of the median Income for the area,as determined by the only contracts executed during this reporting period. PHAs/IHAs are to report all 60002 to report employment and training opportunities data. Form HUD-2516 is to be Secretary,with adjustments for smaller and larger families,except that the Secretary contracts/subcontracts. Community Development'Programs firm receiving contract/subcontract activity only one time on each report for each firm. 1. Grantee: Enter the name of the unit of government submitting this report. Multifamily Housing Programs Public Housing and Indian Housing Programs 3. Contact Person: Enter name and phone of person responsible for maintaining 1. Grantee/Project Owner: Enter the name of the unit of government,agency or PHAs/IHAS are to report all contracts/subcontracts. Include only contracts executed and submitting contract/subcontract data, mortgagor entity submitting this report. during this reporting period. 7a. Grant Number:Enter the HUD Community Development Block Grant Identifica- 3. Contact Person: Same as item 3 under CPD Programs. 1. Project Owner: Enter the name of the unit of government,agency or mortgagor tion Number (with dashes). For example: B-32-MC-25-0034. For Entitlement 4. Reporting Period: Check only one period. entity submitting this report. Check box as appropriate. _ Programs and Small City multi-year comprehensive programs, enter the latest Programs. 3. Contact Person: Same as item 3 under CPD approved grant number. 5. Program Code: Enter the appropriate program code. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the 7a. GrantProject Number:.Enter the HUD Project Number or Housing Develop- 4. Reporting Period: Check only one period. nearest dollar. If subcontractor ID number Is provided In 7f,the dollar figure would be ment Grant or number assigned. 5. Program Code: Enter the appropriate program code. for the subcontract only and not for the prime contract. 7b. Amount of Contract/Subcontract: Same as item 7b.under CPD Programs. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Develop- 7c. Type of Trade: Enter the numeric codes which best Indicates the contractor's/ 7c. Type of Trade:Same as item 7c.under CPD Programs. ment Grant or number assigned. subcontractor's service.If subcontractor ID number is provided in 7f.,the type of trade 7d. Business Racial/Ethnic/Gender Code: Same as item 7d.under CPD Pro- 7b. Amount of Contract/Subcontract: Same as item 7b.under CPD Programs. code would be for the subcontractor only and not for the prime contractor.The'other' grams. 7c. Type of Trade: Same as item 7c.under CPD Programs. category Includes supply,professional services and all other activities except con- 7e. Woman Owned Business: Enter Yes or No. 7d. Business Racial/Ethnic/Gender Code: Same as item 7d.under CPD Pro- struction and education/training activities. grams. 7d. Business Racial/Ethnic/Gender Code:Enter the numeric code which indicates 7f. Contractorldentification{ID)Numbsr:Same as item 7f.under CPD Programs. the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the 7g. Section 3 Contractor: Enter Yes or No. 7e. Woman Owned Business: Enter Yes or No. business.When 51%or more is not owned and controlled by any single racial/ethnic/ 7h. Subcontractor Identification(ID)Number: Same as item 7h.under CPD 7f. Contractor Identification(ID)Number:Same as item 7f.under CPD Programs. gender category,enter the code which seems most appropriate. If the subcontractor Programs. 7g. Section 3 Contractor: Enter Yes or No. ID number is provided,the code would apply to the subcontractor and not to the prime 71. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification(ID) Number: Same as item 7h.under CPD contractor. 7e. Woman Owned Business: Enter Yes or No. 71. Contractor/Subcontractor Name and Address: Same as item 7j.under CPDPrograms. Programs. 71. Section 3 Contractor: Enter Yes or No. 7f. Contractor Identification(ID)Number:Enterthe Employer(IRS)Number of the 7J. Contractor/Subcontractor Name and Address: Same as item 7j.under CPD Prime Contractor as the unique identifier for prime recipient of HUD funds.Note that Programs. the Employer(IRS)Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification(ID)Number: Enter the Employer(IRS)Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number Is provided, the respective Prime Contractor ID Number must also be provided. 71. Section 3 Contractor: Enter Yes or No. 71. Contractor/Subcontractor Name and Address: Enter this Information for each Previous editions are obsolete. form HUD-2516(8/98) APPENDIX K 4 g t- • 1,1 g .-21/ -"/ SCHEDULE C (MILESTONE DEADLINES) SCHEDULE C MILESTONE DEADLINES FOR COMPLETION OF INDIVIDUAL APARTMENT UNITS Building 7861 Apartment 1: Contractor agrees to substantially complete the Work relating to Apartment 1, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 2. Apartment 2: Contractor agrees to substantially complete the Work relating to Apartment 2, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 3. Apartment 3: Contractor agrees to substantially complete the Work relating to Apartment 3, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 3. Apartment 4: Contractor agrees to substantially complete the Work relating to Apartment 4, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 2. Apartment 5: Contractor agrees to substantially complete the Work relating to Apartment 5, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 2. Apartment 6: Contractor agrees to substantially complete the Work relating to Apartment 6, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 4. Apartment 7: Contractor agrees to substantially complete the Work relating to Apartment 7, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 4. Apartment 8: Contractor agrees to substantially complete the Work relating to Apartment 8, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 2. Building 7871 Apartment 1: Contractor agrees to substantially complete the Work relating to Apartment 1, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 1. Apartment 2: Contractor agrees to substantially complete the Work relating to Apartment 2, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to•Proceed for phase 3. Apartment 3: Contractor agrees to substantially complete the Work relating to Apartment 3, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 3. Apartment 4: Contractor agrees to substantially complete the Work relating to Apartment 4, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 1. Apartment 5: Contractor agrees to substantially complete the Work relating to Apartment 5, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 1. Apartment 6: Contractor agrees to substantially complete the Work relating to Apartment 6, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 4. Apartment 7: Contractor agrees to substantially complete the Work relating to Apartment 7, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 4. Apartment 8: Contractor agrees to substantially complete the Work relating to Apartment 8, to permit tenant occupancy thereof,within ten (10) calendar days following the issuance of a Notice to Proceed for phase 1. The requirements of the Contract Documents relating to Substantial Completion of the Work or any portion thereof, including Section 43 of Division 0500 General Terms and Conditions, shall apply to the determination of Substantial Completion for each of the Milestones set forth herein, and provided further that the intention with respect to each of the foregoing Milestones is to require Contractor to substantially complete all Work within each individual unit, to permit immediate tenancy occupancy or re-occupancy thereof within the time specified herein. APPENDIX L 1. - 7 , .. - - 9 (:, !, - 't k, , \ il ,, i '''\ I, ''',.,,, 4 \\ [ 1:-\\' d A - :\`' ''''\ ' ' .11 SCHEDULE D (SEPARATE LIQUIDATED DAMAGES) SCHEDULE D SEPARATE LIQUIDATED DAMAGES FOR FAILURE TO ACHIEVE INDIVIDUAL MILESTONES OR SUBSTANTIAL COMPLETION OF THE PROJECT 1. Upon failure of Contractor to achieve Substantial Completion of Apartment 1 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 1,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 1, pursuant to the approved and updated Project Schedule. 2. Upon failure of Contractor to achieve Substantial Completion of Apartment 2 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 2,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 2, pursuant to the approved and updated Project Schedule. 3. Upon failure of Contractor to achieve Substantial Completion of Apartment 3 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 3, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 3, pursuant to the approved and updated Project Schedule. 4. Upon failure of Contractor to achieve Substantial Completion of Apartment 4 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 4, in the amount of$295 per day, commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 4, pursuant to the approved and updated Project Schedule. 5. Upon failure of Contractor to achieve Substantial Completion of Apartment 5 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 5,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 5, pursuant to the approved and updated Project Schedule. 6. Upon failure of Contractor to achieve Substantial Completion of Apartment 6 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 6, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 6, pursuant to the approved and updated Project Schedule. 7. Upon failure of Contractor to achieve Substantial Completion of Apartment 7 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 7,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 7, pursuant to the approved and updated Project Schedule. 8. Upon failure of Contractor to achieve Substantial Completion of Apartment 8 of Building 7861 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7861-apartment 8, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7861 apartment 8, pursuant to the approved and updated Project Schedule. 9. Upon failure of Contractor to achieve Substantial Completion of Apartment 1 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 1,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 1, pursuant to the approved and updated Project Schedule. 10. Upon failure of Contractor to achieve Substantial Completion of Apartment 2 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 2,in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion.of 7871 apartment 2, pursuant to the approved and updated Project Schedule. 11. Upon failure of Contractor to achieve Substantial Completion of Apartment 3 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 3, in the amount of$295 per day, commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 3, pursuant to the approved and updated Project Schedule. 12. Upon failure of Contractor to achieve Substantial Completion of Apartment 4 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 4, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 4, pursuant to the approved and updated Project Schedule. 13. Upon failure of Contractor°to achieve Substantial Completion of Apartment 5 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 5, in the amount of$295 per day, commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 5, pursuant to the approved and updated Project Schedule. 14. Upon failure of Contractor to achieve Substantial Completion of Apartment 6 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 6, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 6, pursuant to the approved and updated Project Schedule. 15. Upon failure of Contractor to achieve Substantial Completion of Apartment 7 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 7, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 7, pursuant to the approved and updated Project Schedule. 16. Upon failure of Contractor to achieve Substantial Completion of Apartment 8 of Building 7871 within the time specified in Schedule C, plus approved time extensions, City shall deduct from monies otherwise due the Contractor a liquidated amount assessed daily until Substantial Completion of 7871-apartment 8, in the amount of$295 per day,commencing on the first day following the date Contractor was to achieve Substantial Completion of 7871 apartment 8, pursuant to the approved and updated Project Schedule. ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 oft Florida Department of Stale D!vlslon O COR^OR AT!f tda s, tom' moL. Department of Stale / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation FLORIDA CONSTRUCTION&ENGINEERING INC. Filing Information Document Number M45192 FEI/EIN Number 59-2768130 Date Filed 01/21/1987 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/10/2014 Event Effective Date NONE Principal Address 155 BENTLEY DR MIAMI SPRINGS,FL 33166 Changed:03/06/1999 Mailing Address P.O.BOX 1426 MIAMI SPRINGS,FL 33266-1426 Changed:09/22/1997 Registered Agent Name&Address ROJAS,YUREIBA D 301 ALMERIA AVENUE SUITE 330 CORAL GABLES,FL 33134 Name Changed:01/28/2019 Address Changed:01/28/2019 - Officer/Director Detail Name&Address Title President DAO DAHDAH,JOHNNY http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 1/30/2020 Detail by FEI/EIN Number • Page 2 of 2 low SW2ND AVE APT PHO3 MIAMI,FL 33130 Annual Reports Report Year Filed Date 2017 02/08/2017 2018 03/13/2018 2019 01/28/2019 Document/mattes 01/28/2019--ANNUAL REPORT View image in PDF format 03/13/2018--ANNUAL REPORT View image in PDF format' 02/08/2017--ANNUAL REPORT View image in PDF format 02/16/2016--ANNUAL REPORT View image in PDF format • 02/25/2015--ANNUAL REPORT View image in PDF format 11/10/2014--Amendment View image in PDF format 03/04/2014--ANNUAL REPORT View image in PDF format 03/01/2013--ANNUAL REPORT View image in PDF format 02/14/2012--ANNUAL REPORT View image in PDF format 02/22/2011--ANNUAL REPORT View image in PDF format 02/16/2010--ANNUAL REPORT View image in PDF format 04/08/2009--ANNUAL REPORT View image in PDF format 03/25/2008--ANNUAL REPORT View image in PDF format 01/16/2007--ANNUAL REPORT View image in PDF format 04/17/2006--ANNUAL REPORT View image in PDF format 03/28/2005--ANNUAL REPORT - View image in PDF format 12/27/2004--Amendment View image in PDF format 07/07/2004--ANNUAL REPORT View image in PDF format 03/21/2003--ANNUAL REPORT View image in PDF format 04/30/2002--ANNUAL REPORT View image in PDF format 01/17/2001--ANNUAL REPORT View image in PDF format 06/08/2000--ANNUAL REPORT View image in PDF format 03/06/1999--ANNUAL REPORT View image in PDF format 01/15/1998--ANNUAL REPORT View image in PDF format 09/30/1997--VOLUNTARY DISSOLUTION View image in PDF format Floe ida Depai anent of State,Division of Corporations • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 1/30/2020 CONTRACTOR QUALIFICATION FORM (APPENDIX A) . AA I AAA BEACH APPENDIX A E AAA" 1 Contractor Qualification Form FOR CONSTRUCTION PROJECTS •MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY • NA,iA,MIBEAC H Contractor Qualification Form Instructions Section 1, Required Form. The Contractor Qualification Form is a required form that must be submitted, completed and executed,with the bid or within 3 days of request by the City.No bid will be considered without the Contractor Form.Bidders failure to submit this form as stipulated herein shall render its bid non-responsive. Section 2,Submittal Instructions.The Contractor Qualification Form will riot be considered until it has been submitted completed and executed by a principal of the applicant.Incomplete applications shall not be considered. If requested information is not applicable,please indicate"WA"or"None."If answers to questions are lengthier than the spaces that are provided in the application,the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application.Failure to attach all requested documents will delay review and approval of the application. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an applicant's qualifications. When claifit tions or additional information is requested by the City,Applicants will have seven(7) business days to provide,in full,all the requested information.Failure to provide the information within the prescribed time will del ay the review process:and m resultindenialofprequalification. Part A—General Bidder Information. FIRM NAME: Florida Construction & Engineering Inc NO.OF YEARS IN BUSINESS: 33 LOOCAL 3IN BUSINESS NO.EMPLOYEES: 7 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A FIRM PRIMARY ADDRESS(HEADQUARTERS): 155 Bentley Dr. CrY: Miami Springs STATE: Fl ZIP CODE: 33166 TELEPHONE No 3058837601 TOLL FREE NO.: N/A FAX NO.: N/A FIRM LOCAL 155 Bentley Dr. CITY: Miami Springs STATE: Fl ZIP CM*: 33166 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Johnny Dao ACCOUNT REP TELEPHONE NO.: 3058837601 ACCOUNT REP TOLL FREE NO' N/A ACCOUNT REP EMAIL: jdao@fcebuild.com FEDERAL TAX IDENTIFICATION NO.: 592768130 APPLICANT FIRM IS: X CORPORATION / _PARTNERSHIP I _SOLE PROPRIETORSHIP / _OTHER(If other,speafy: Part B—Proposed Team. 1. Organizational Chart. Submit an organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision.At a minimum,the bidder shall include the following proposed project team members: • Construction Project:Manager • Construction Superintendent 2.Staffing Plan.Submit a staffing plan that clearly illustrates the key elements of the proposed organizational structure.The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly.detail the role of all sub-contractors proposed for the Project. Part C Operational&Management Information. 1.Provide the names of each owner(stockholder,sole proprietor,and partner),director,or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type Johnny Dao 100% Director • 2. Provide three(3)residential renovation projects that the applicant has completed in the last five(5)years. Project Description of Work Project Reference Complete interior renovation,roof, Jan Chergy Renovation Jan Chergy windows,floor,kitchen,bathroom 930 ibis Ave Email • Miami Springs FI 33166 and dryway Telephone>7867753965 Renovation Johan From addition,complete interior,floor Nam Johan Jahanshahi 474 Hunting Lodge kitchen,bathroom,pool,jacuzzi Emait Miami Springs FI 33166 Tetephone'7869064869 Renovation Tom Webb New windows,marbei tile,doors,pool Name:Tom Webb 961 ibis jacuzzi,floor,new kitchen p,,,a;;.h„e,b@coasraiinsgroup.com Miami Springs Fl 33166 Telephone;3058875999. 3. Has the applicant company's construction license s been revoked during the last five(5)years? YES ® NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company hada license ' revoked during the five(5)years? YES X NO If yes,why? 5.Is the applicant company currently barred by a governmental agency,from bidding work:as a prime or subcontractor? YES X NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed,or paid for completion,of a project on behalfof the applicant company, within the last five(5)years? YES X NO If yes''why? 7. Has the applicant company or any of its owners,directors,officers,or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five(5)years? YES X NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? ? YES X NO If yes,state the name of the affiliate? • 9. Is the applicantcompany a parent, subsidiary, or holding company for another construction company? YES X . NO If the•answer`is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or ent of the applicant company affiliated with another company? YES X. NO If the answer is"yes,'provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation(e.g. affiliation officer,director,owner or employee) 11.Is the,applicant company currently the debtor in a bankruptcy case or file-for bankruptcy during the last five(5)years? YES X NO If yes,explain and attach,as applicable, the relevant caseandcourt documents,including(but not limited to);the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy courts discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner,director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director,.officer, or agent filed for or been discharged in bankruptcy within the ast five(5) years? YES X NO If-yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement, 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? YES X NO If yes,explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was public or privately owned? l YES X I NO If yes,explain. 15. Are there currently any liens, suits, or judgments of record pending against any owner, director,officer,or agent for the company that is related to construction activities of a business organization? YES X. NO If yes,explain. 16. Has the applicant company or any of Its owners, officers, or partners ever been convicted (criminal)or found liable (civil)for making either a false claim or material misrepresentation to any public agency or entity? X NO If yes,explain. 17.Has the applicant company or any of its.owners, officers, or partners ever been convicted of any a federal or state crime? YES X NO If yes,explain. 18.Is any officer,director,employee or agent,or immediate family member(spouse,parent,sibling, and child)of any officer,director em loyee or agent an employee of the City of Miami Beach? YES IX NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership 19. Has the applicant,or any officer,director,employee,or agent,contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES X NO If yes,provide details. 20: Pursuant to City Ordinance No.2016.3990,the City shall not enter into a contract-with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2.375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion, sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. Does the applicant agree to be comply with this prohibition? X YES NO 21. Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the.United States Department of Veterans Affairs). YES X NO Certifying Agency Certification Type 22. Equal Benefits for EmploYees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic.Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than$100,000 to provide."Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? X J YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex) domestic partners*or to domestic partners of em loyees? X YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse ordomestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health X. X Sick Leave X X Family Medical Leave X . X Bereavement Leave X X 23. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? II YES X NO •. If yes,explain. • 1 • CONTRACTOR QUALIFICATION FORM AFFIDAVIT The undersigned agrees that s/he: 1) is a principal of the applicant duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief;2)s/certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership,management,or financial condition of the company.Further, any prequalification applicant,including its principal(s),director(s),and any affiliate,who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law. The undersigned affirms that the applicant agrees: 1)to complete.and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda released hereto; 2)that it has not colluded, nor will collude, with any other applicant;3)that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the proposal are true and accurate. Name: Johnny Dao Title(must be a principal of the applicant): President Signature: Date: 01127/2020 our Organization Johnny Dao President/G.0 FC&E ....... Hamid Dj-haan ... '' . FLORIDA CONSTRUCTION&ENGINEERING . Sebastian Isaias alese._. r suite!, Yureiba Zoila Reyes Ismael Judith :czias :Sang 'a.mirez e •ti0t stimaW Ontpct.AcIrtiin. JOHNNY DAO DAHDAH Date of birth:14-03-1983 Address: i , Email:jdaodandah@gmail.com 1010 SW 2nd AVE.APT P113 Cell Phone:+1 786 303 2696 MIAMI,FL,33130 EDUCATION • Instituto Empresa International MBA November 2009-December 2010 Madrid,Spain • • Universidad Metropolitana System Engineering October 2000-March 2006 Caracas,Venezuela WORK EXPERIENCE FCE FLORIDA CONSTRUCTION&ENGINEERING January 2019-Present CEO Miami Springs,USA - Development of new construction and engineering projects including residential,industrial,and commercial for private and public sector. BRICKELL TEN CONDOMINIUM ASSOCIATION January 2018-Present President Brickell,Miami,USA CORPORACION WCH September 2012-Present Director Caracas,Venezuela - Development of new construction projects including residential, industrial, andcommercial for small, medium and large businesses. UNIVERSIDAD METROPOLITANA November 2012-Present Professor-Business School Caracas,Venezuela DEVENALSA,Deshidratadora Venezolana de Alimentos,S.A. March 20.11 -Present Director/General'Manaeer Caracas,Venezuela - Industrial plant for the processing and dehydration of fruits,vegetables and herbs, which are commercialized in both retail and wholesale for other industries and businesses.Currently,it employs more than 100 people. ACCENTURE July 2006-January 2008 Consultant Caracas,Venezuela Functional leader of information and business systems mainly for projects for the financial sector and mass consumption companies. - Used best practices to determine functional requirements, business needs and processes for different projects related to financial sector and mass consumption companies. Johnny Dao Dandah 1/2 CONSORCIO CREDICARD July 2005-December 2005 Analyst—Industrial Prosect Caracas,Venezuela - Gathered information and determined business requirements to design and develop credit card machine simulator for the automatization of systems used for VISA,MASTERCARD and AMEX. BANCARIBE August 2004 September 2004 Internship Caracas,Venezuela - Functional leader for the analysis,design and development of a web app for the managing and control of tasks and projects for the bank. ADDITIONAL KNOWLEDGE • Office package expert • Advance knowledge of programming language • Advance managing of databases OTHER STUDIES • Core Analyst School-April 2007.St Charles,Illinois,.USA. • Leadership workshop October 2014.IVELE-Caracas,Venezuelan LANGUAGES • English:Advanced I Fluent • Spanish:Native OTHER • MBA specialized in Strategy,Marketing and Communication • Highly creative • Team player • Great at public relations Johnny Dao Dandah 2/2 • HAMMII R. D`JAHANSHAHI 1249 Heron Avenue Miami Springs,FL 33166 (305)8889229 OBJECTIVE • CM Engineer EDUCATION • Bachelor of Science in Civil Engineering.The Ohio State University,Columbus,Ohio(December 1982). —Areas ci concentration include Structural and Construction Engineering • Bachelor of Science.in Mining Engineering.The Ohio State University,Columbus,Ohio(June 1982) • State Certified General Contractor.Stale of Florida(December 1987) • Relevant coursework includes: Structural Analysis Structural Engineering Principles Principles of Rock Mechanics Basic Reinforcement Concrete Design Geotechnical Engineering Design of Steel Structures Cost Ans Wood Structure Design Construction Management PROFESSIONAL BACKGROUND • Project and Reid Operation Engineer Florida Construction and Engineering,Inc.,Miami,FL(March 1988 to present) —Reser include:Supervision and project manager for daily operation of kw-to mid-highrlse residential,com- mercial and industrial building projects. • Design and Construction Engineer,A&M International,Inc.,Rockville,MD.(Jan.1983 to Feb.1988) —Responsibilities included analysis and design of low-to mid-highrise residential,institutionai and office braidings of both steel and concrete material. • Research Assistant.The Ohio`State Department of Civil Engineering,Hydrology Laboratory. Columbus,Ohio(Jan.1981 to April 1981) —Responsibidttes included collecting geomorphic data for a U.S.Geological Department sponsored project in Ohio River Basin. • Resident Manager,Hip's Apartments,Colmbus,Ohio(June 1979 to Jan.1981) • Research Assistant, The Ohio State University, Department of Civil Engineering, Division of Materials and Design, Columbus,Ohio(March 1979 to Sept 1980) —Responsibilities Included Asphaltic g_ research projects:A Statewide Study of Strbgrade Soil Support • Maintenance and Repair Assistant,Ohio Dominican College,Columbus,Ohio(June 1978 to Sept.1978) PROFESSIONAL AFFILIATIONS • American Society of CM Engineers(ASCE) • Americarn Society of Mining Engineers(ASME) HONORS/AWARDS • Recipient of Engineer in Training(BT)certificate from State of Ohio • Chi Epsilon,National Honorary Society for Engineers • Achieved a 30/4.0 Cumulative Grade Pont Average,The Ohio State Urth ersity • Recipient of the Mining Engineering Department Scholarship,The Ohio State University PERSONAL • Birthdate;November 14,1951 • Martial Status:Married . • Statistics:5'11" — 160 pounds--Excellent Health • Citizenship U.S.citizen INTERESTS i HOBBIES • Photography I Reading/Flying I Tennis/Swimming TRAVEL I RELOCATION I REFERENCES • WiIing to travel • • Willing to relocate • References will be furnished upon request MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS FC&E FLORIM COMiMVC11011 l ENOINEERINO.W . ?'.,,..;; x>.:a5. .Lr,';1,M. AZi15 . endr1-X11 1::55.15AN1ff't Rr-tuftc"OMOOIQ'ACT 7.MIA Ticked Courant GH egenor renOvavOn of licked mur4ot wens MO=AVIAI71ON 2100 NW 42M Ave,Midndi Fl.33/26 PreMteyW 31.71853400 ibowr 2018 ALEX MONTALYO 170518713451 emanl lwmmmnNtrnon<om 2 Miami Dade County Raebvet Perk Pedestal Replacement Fan%,RsonNi0n en4 O0en SFaCee 10600 Caine Ave,Mlemt De94,,FL 33154. Prevent%W 5 653,720A0 SCK 21000 JOSE GARCIA305)755-54 O0erc4Pmhmldide eev alb 3 Pmt Mimi AC Rep)OcemeN_Roe)repair and tenane Deepen 1537.2200 N con 0)v0.511$05.FL 33132. F,.ei0rq�W S.3,580,020.M 90% 2020 FRANK RAiMIRF2.205)34?-550hnek.6kmneanndAml4ade.aav \ i 1'''" RonDeSantis,Governor F , Halsey Beshears,Secretary ___,, r . . . . ..„. t�,� , ��r� �� bda. ,__ . „ , , ..,...... STATE OF FLORIDA `. � DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ;; 1 '.-.- ,ENSING BOARD CONSTRUCTIO :•►�rt , THE GENERAL Co.,.�' ..,,.. ..:.-.; e�., ED UNDER THE PROVISI',. 3' ~ . �, q—, .,,� ,� TUTES i, > 'it 1 t 6 6 . i l!'' J�1 ..r .—.r 1 +....N • F1t . .� '`"'',, ' I, kca aih • .. •,n 45 �"I0 (it, , C. • • 6... / � , a •♦ y4' !'1ik Mar :496 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. y5 ...• iiirr4. per. . . This is your license. It is unlawful for anyone other than the licensee to use this document. 000723 Local Business Tax fleceipt tILBT Miami—Dade County,State of Florida THIS IS NOTA BILL-DO NOT PAY 1665578 _ f 411ust 371Y1tnelnette..--? pecaP IFIX' _ -EXPIRES— FLORIDA IRES FLORIDA CONSTRUCTION&ENGINEERING IN(RENEWAL SEPTEMBER 30,2020 155 BENTLEY.DR 1585578 Must be displayed at place of business MIAMI SPRINGS FL 33166 Pursuant to County Coda ' Chapter BA-Att:9 dt 10 MINER SEC.Tar 0,0030123S IMI MEND PAMPA C0NS1R&ENGINEERING INC 196 GENERAL BUILDING CONTRACTOR gyTNI comma Mm CGCD3B43d $45.00 09/10/2019- Worker(s) I CRECK21.19-080232 This local Business Tax Raosislspry confines payweal oittta toast BustneaaTax.The Rscotpt Is uis Item* pout or s 4171#9estioa 07 dal11e1d04 qualifications,to de Ioimu.NNdsr roust comply with oar tiorarts6ead ef7oaprnemaood regulatory taws and ngnintnestswidth gpiy is the bestow. The RECEIPT'S°,alorrossartialisptrlsdonatl,eaatewetatrshkiesrMi4e(-BudoCodsSaeala-2ltt.. Feesoas Edstmsdas,.'AA itteddAISSilliditatilitdisolaT BID TENDER FORM & BID BOND APPENDIX B NAIAAAIBEAcH Bid Tender Forme B1 MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE Schedule of Values B2 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. Acknowled • ment of Addenda B3` MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. Ml BF Bid Tender Form (B1) Page 1 of 1 FAILURE TO SUBMIT THIS BID TENDER FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization,overhead and profit,insurance, permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. • TOTAL BASE BID AMOUNT IN FORM B2 $551,736.00 'Allowance for Trench Safety Act $25.00 Permit Allowance $2,500.00 GRAND TOTAL (TOTAL BASE BID+TRENCH SAFETY+PERMIT ALLOWANCE) $ 554,261.00 'See Section 0100, Sub-section 19. • Bidder's Affirmation The undersigned, as Bidder,declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains;that this Bid is made without connection or arrangement with any other person;and that this Bid is in every respect fair and made in good faith,without collusion or fraud.The Bidder agrees, if its Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the Bid pertains. Bidder: Florida Construction & Engineering Inc Authorized Agent Name: Johnny Dao Authorized Agent Title: President Authorized Agent Signature: '—� APPENDIX C tvmmiBEACH Pre-Award Forms MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. Cl Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS;that we;lorida Construction&Engineering.Inc. as Principal,hereinafter referred to as.Contractor;and OBE Insurance corporation as Surety,are held and firmly bound unto the City of Miami Beach, Florida,as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent(5%) of the Contractors Base Bid amount of$5%of Amount Bid lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the city for the furnishing of all labor,materials,equipment,machinery,tools, apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual, the detailed Plans and Specifications,and any Addenda thereto,for the following solicitation. Bid No.:2020-069-JC Title: Madeleine Village Building Renovations&Site Improvements WHEREAS,it was a condition precedent to the submission of said Bid that a cashiers check,certified check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would, if awarded the Contract,enter into a written Contract with the City for the performance of said Contract,within ten(10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION. IS SUCH, that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds,satisfactory to the City,each in an amount equal to one hundred percent(100%) of the Contract Price, and provides all required Certificates of Insurance,then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Contractor. IN WITNESS WHEREOF,the said Principal and the said Surety have duly executed this bond the 21 st day of January 2Q2 , ATTEST: PRINCIPAL: Florida Construction&Engineering, Inc. (Contractor Name) Signature Signature • 71-0 woci y b ;5.01-4/1)1 I)Ittl) Print Name Print Name(Principal) 5;60,6 PIA\I rft coir Title Title COUNTERSIt ED SY RESIDENT FLORID GENT SURETY: OF SUR Y: QBE Insurance Corporation Signature (Surety Name) Warren M.Alter Warr— . Alter Print Name Attome -in-F. t(Print N e) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) QBE, POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS,that OBE Insurance Corporation(the"Company"),a corporation duly organized and existing under the laws of the State of Pennsylvania, having its principal office at 65 Water Street. New York, NY 10041, has made, constituted and appointed,anddoes by these presents make,constitute and appoint Warren.M.Alter,David T.Satine,Jonathan A. Bursevich of Alter Surety Group of Miami Lakes, FL, its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below andto execute, seal,acknowledge and deliver any and all bonds and undertakings,with the exception of financial guaranty insurance,to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York, without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following resolutions,which were duly and validly adopted ata meeting of the Board of Directors of the Company with effect from June 30,2014: RESOLVED, that the Chief Executive Officer,any President. any Executive Vice President, any Senior Vice President, any Vice President,the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys- in-Fact and agents to execute on behalf of the Company, as surety, any and all bonds; undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time; FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a:bond, recognizance,or conditional undertaking will be valid and binding upon the Company when(a)signed by any of the aforesaid authorized officers;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and agents pursuant to the power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority:and FURTHER RESOLVED,that the signature of any authorized officer and the seal of the Company may be drawn on oraffixed by facsimile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance,or other suretyship obligation of the Company,and such signature and sealwhen so used shall have the same force and effect as though manually affixed. The Companymay continue to use for the purposes herein statedthe facsimile or electronically reproduced signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto-affixedthisDecember 19,2019. Attest:. QBE INSU CORPORATION (Seal) By: By' II Brett Halsey arle •Cygal Senior Vice President Vice President STATE OF NEW YORK )SS.: COUNTY OF NEW YORK On this December 19,2019, before me personally appeared Brett Halsey and Charles Cygai, both to me known to be Senior Vice { President and Vice President,respectively,of QBE Insurance Corporation,and that each, as such, being authorized to do, execute the foregoing instrument for the purposes therein contained byr_s_iseingon.. half of the.corporation by each as a duty authorized officer. SIMASPATEL By: - NO IAkY FUBUC,STArf of Nw;vOnr. 'Simz. Patel,Notary blic — QUALIFIED IN:ALBANY COUNTY NO.01PA5159503 COMMISSION EXPIRES JAN IE:.2023 CERTIFICATE I, Mark Pasko, the undersigned, c orpora1e Secretary of QBE Insurance Corporation do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth herein,who executed the bond or undertaking to which this Power of Attorney is attached. is in full force and effect as of this date. Given under my hand'and seal of the Company,this 21st day of January 2020 (Seal) By: Mark Pasko,Corporate Secretary F. BID FORMS Schedule of Values & Acknowledgement of Addenda {B2) Pa•e 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. • BIDDERS PRICE: Total Division Cost 01-General Requirements $ 95,534.00 02-Site Construction $ 15,810.00 03-Concrete $ 23,260.00 04-Masonry $ 15,600.00 05- Metals $ 43,000.00 06-Wood and Plastics $ 5,000.00 07-Thermal and Moisture Protection $ 3,200.00 08-Doors and Windows $ 50,860,00 09-.Finishes $ 68,816.00 10-Specialties $ 34,348.00 11-Mechanical $ 39,120.00 12-Electrical $ 38,400.00 13—Earth Moving—(Final Grading and Soils) $ 19,670.00 14—Exterior Improvements(Landscape) :$ 24,508.00 15—Exterior Improvements(Hardscape—Sidewalks, Steps, etc.) $ 34,865.00 16—Stormwater Utilities—Draina•e $ 39,745.00 TOTAL BASE BID (01-16) $ 551,736.00 ADDITIVE ALTERNATE Description UlM Cost Lump Cabinets(refer to.Scope of Work on Sheet G0.01) Sum $ 109,640.00 Lu p 33,600.00 Countertops(refer to Scope of Work on Sheet G0.01) Sum SUBTOTAL ADDITIVE.ALTERNATE 143,240.00 Bidder: f'`C.,ti Initials: —;7 Schedule of Values & Acknowledgement of Addenda (83) Page 1 of 1 Amendment 1 01/1512020 Amendment 6 Amendment 2 01/21/2020 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Florida Construction&Engineering Inc Bidder: 1e Initials• • APPENDIX I it A IA tNt OBE h V \ Id VS I REQUIRED FEDERAL FORMS ( PRE-AWARD WITH BID SUBMISSION) CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25) and its. implementing regulations at 41 CFR Chapter 60.The implementing rules and regulations provide that any bids or prospective contractor, or any of their proposed subcontractors, should state as • an initial part of the bid or negotiations of the contract whether.he.has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. CERTIFICATION BY BIDDER BIDDER'S NAME: Florida Construction&Engineering inc 155 Bentley Dr.Miami Springs,Ft 33186 ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes x No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes x No 3. Bidder has filed all compliance reports due under applicable instructions,including F. 100. Yes x No If answer to item 3 is"No", please explain in detail on reverse side of this certification. BIDDER MUST SUBMIT THIS FORM, FULLY COMPLETED AND EXECUTED, AS PART OF ITS BID SUBMISSION. FAILURE TO DO SO SHALL RENDER THE BID NON-RESPONSIVE. CITY OF MIAMI BEACH SECTION 3 FORM AND INCOME LIMITS Name of Project: MADELEINE VILLAGE BUILDING RENOVATIONS&SITE IMPROVEMENTS Amount of Contract:$ 551,736.00 Prime Contractor: Florida Construction&Engineering Inc Address: 155 Bentley Dr.Miami Springs,Fl33166 Will you hire new employees as a result of this contract? Yes[x] No[ ] Background: Section 3 of the Housing and Community Development Act of 1968, as amended, requires that when employment or contract opportunities are generated because of a project or activity undertaken by a recipient or HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts for the work,the recipient must give preference in hiring low and very low-income persons. Section 3 requires that recipients not only include low and very low-income persons in their recruitment and solicitation efforts,but that, in fact, extra or greater efforts be undertaken to make these persons aware of the existence of economic opportunities, encourage their application for these opportunities, and facilitate the employment or, or award of contract to these persons. A Section 3 resident is defined as: • A public housing resident:or • An individual who resides in the metropolitan county in which the Section 3 covered assistance is expended and who is: (1) a low-income person; or(ii) a very low-income person Check all that apply(you must check at least one(1)of the following): Refer to the Income Limits Chart for Miami-Dade County below to determineif your total household income is at or below the low-income limit depending upon the total number of persons residing in the household. 0 Your business is at,least 51%or more owned by Section 3 residents. 0 At least 30% of your permanent, full-time workforce employees are comprises of current Section 3 residents. U At least 30%of your permanent,full-time workforce employees who within the 3 years of employment with your business were Section 3 residents. El Your business will provide evidence of a commitment to subcontract in excess of 10%of the dollar award of all subcontractors for building trades to be awarded to businesses which meet the above.qualifications. El My business does not meet any of the above qualifications and I cannot commit to subcontract in excess of 10% of the dollar award of all subcontractors for building trades to be awarded to businesses which do meet the above qualifications. CHECKING THIS BOX SHALL DEEM THE BIDDER NON-RESPONSIVE. 2019 Income Category for Miami.Dade County Median Fe!n ly FY 2019 Income Persons In Family FY 2019 Income umit Area income Mat Category 1 2 3 4 5 6 7 8 I.,{L,tkilxxi Very Low(50%) Income limits(S) 29,650 33,900 38,150 42,350 45,750 49,150 52,550 55,950 !x(drtivthon Miami-Miami Beach- l Extremely Low Kendall,FL.HUD Metro j $54,900 Income lhnits(S)` 17,800 20,350 22,900 25,750 30,170 34,590 39,010 43,430 FMR Area xlriwust,.n LOw(80%)Income Limits CS) 47,450 54,200 61,000 67,750 73,200 78,600 84,050 89,450 l (x(*uvftxvt is ' i . BIDDER MUST SUBMIT THIS FORM, FULLY COMPLETED AND EXECUTED, AS PART OF ITS BID SUBMISSION. FAILURE TO DO SO SHALL RENDER THE BID NON-RESPONSIVE. BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. 2. The Bidder estimates that there will be 2 new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semi-skilled, unskilled, labor and trainees)by category. 3. Of these new employees,the Bidder plans to hire at least 50. % (percent) from the Section 3 Covered Area(Miami-Dade County). THE MINIMUM NUMERICAL GOAL FOR EMPLOYMENT OF SECTION 3 RESIDENTS IS THIRTY (30) PERCENT OF THE AGGREGATE NUMBER OF NEW HIRES ANNUALLY. PLEASE NOTE THAT ANSWERING ZERO (0) PERCENT TO THIS QUESTION NO. 3 SHALL DEEM THE BIDDER NON-RESPONSIVE. I Johnny Dao (please print), as an Authorized Officer of the Bidder,do hereby acknowledge that we are aware of the requirements under Section, 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract,the Office of Housing and Community Services will monitor the project to assure compliance with this plan. Company Name: Florida Construction & Engineering Inc Company Address: 155 Bentley Dr. Miami Springs, Fl 33166 592768130 Employer Federal ID# Johnny Dao Printed Name Signature 01/27/2020 Date SECTION 3 UNAVAILABILITY CERTIFICATION Johnny Dao President Of Florida Construction & Engineering Inc (Title) (Prime Contractor) Certify that the undersigned does not have any entry-level jobs available. However,should such jobs become available during the project period, the undersigned agrees to accept referrals from CareerSource/referral agency to interview these referrals for the available positions. (If incorporated sign here) ATTEST CONTRACTOR By tJD �t- f Secretar ' (CORPORATE SEAL) (If not incorporated sign here) WITNESSES: CONTRACTOR By • Jr._. �a +tom: ZOILAP.REYES � ;i• . MYCOMU,iSSION#GO 26816/ % ro' EXPIRES:February 12,2023 °OF;,° Bonded Mat Notary PubkUndenatpets • DBPR-DAO DAHDAH,JOHNNY; Doing Business As: FLORIDA CONSTRUCTION ... Page 1 of 1 • 10:17:38 AM 1/30/2020 Licensee Details Licensee Information Name: DAO DAHDAH, JOHNNY (Primary Name) FLORIDA CONSTRUCTION & ENGINEERING INC. (DBA Name) Main Address: 1010 SW 2ND AVE APT PH3 MIAMI Florida 33130 County: DADE License Mailing: • • LicenseLocation: License Information License Type: Certified General Contractor Rank: Cert General License Number: CGC1528496 .Status: Current,Active Licensure Date: 12/19/2019 Expires: 08/31/2020 Special Qualifications Qualification Effective Construction Business 12/19/2019 Alternate Names View Related License Information • View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399 :: Email: Customer Contact Center:: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.'Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be .used for official communication with the licensee.However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. httns://www.mvfloridalicense.com/LicenseDetail.asn?SID=&id=74BC9715707582392877... 1/30/2020 RatingServices PoF e h Rating Search: Search (Print €'DF ®Help Advanced Search QBE Insurance Corporation AMB#:002739 NAIC#:39217 FEIN#:222311816 Mailing Address One QBE Way Sun Prairie,WI 53596 United States Web:www.gbena.com Phone:608-825-5160 View Additional Address Information AM Best Rating Unit:AMB#:085434-QBE Insurance Group Limited r Assigned to insurance companies that In our opinion an excellent ability to.meet ther0811 ongoing insurance obligations. A • View additional nevis,reports and prodOpts for this company . Based on AM Best's analysis,085434-QBE Insurance Group Limited is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. 'Be IS'.Pre J t i 11 A ' p r# a R �d_• m5- '_ ": 5 w4 4.•..,_ j ro 2 8 o r Financial StrerigthRating View Definition Best's Credit Rating Analyst Rating: A(Excellent) Rating Office:A.M.Best Rating Services, Affiliation Code: p(Pooled) Inc. Financial Size XV($2 Billion or Senior Financial Analyst:Edward Category: greater) Zonenberg Outlook: Stable Senior Director: Daniel J.Ryan Action: Affirmed Note:See the Disclosure information Form or Effective Date: July 05,2019 Press Release below for the office and analyst at the time of the rating event. Initial Rating Date: July 05,1994 i Disclosure.'information = Long Term Issuer Credit Rating View . Definition Disclosure Information Form View AM Best's Rating Disclosure Form Page 1 of 4 Powered by AM Best's Global Insurance Database Press Release ' Long-Term: a+ AM Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Outlook: Stable [ Subsidiaries Action: Affirmed July 05,2019 Effective Date: July 05,2019 Initial Rating Date: June 09,2005 u Denotes Under Review Best's Rating e_ w wa ' ., . � k ° Mffi;�._. � .1. m r AM Best has provided ratings&analysis on this company since 1994. Financial Strength Rating Long-Term Issuer Credit Rating Effective Date Rating Effective Date Rating 7/5/2019 A 7/5/2019 a+ 6/13/2018 A 6/13/2018 a+ 7/13/2017 A 7/13/2017 a+ 3/10/2016 A 3/10/2016 a 1/15/2015 A 1/15/2015 a l � €r di ...:, Be t s t, i anctal keportt . env: Best's Credit Report-financial data included in Best's Credit Report reflects the data used in .,.fit determining the current credit rating(s)for AM Best Rating Unit:AMB#:085434-QBE Insurance Group Limited. Best's Credit Report-Archive-reports which were released prior to the current Best's Credit Report. Best's Financial Report-financial data included in Best's Financial Report reflects the most current data available to AM Best,including updated financial exhibits and additional company information.and _r. is available to subscribers of Best's Insurance Reports. View additional news, reports and products for this company. Powered by AM Best's Global Insurance Database Page 2 of 4 {-��.r f '"1 .� 0 ,� rgy Fs X41 g'0). h�'6 �`_3 Fg` ;1 .,s t&" ",�,r II+ ° # .f' es r�eie rJ .ri. d ";`. i i ; Datewadi Title . Jul 05,2019 AM Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries Jun 13,2018 A.M.Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries Jul 13,2017 A.M.Best Upgrades Issuer Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries : Mar 10,2016 A.M.Best Affirms.Ratings of QBE Insurance Group Limited and Its Key Subsidiaries I Mar 13,2015 A.M.Best Withdraws Ratings of Members of Balboa Insurance Group Feb 21,2014 A.M.Best Revises Outlook to Negative for Balboa Insurance,Company and Its Subsidiaries • y Dec 12,2013 A.M.Best Downgrades Issuer Credit Ratings of QBE Insurance Group Limited's U.S.Subsidiaries I I Nov 14,2013 AM.Best Affirms Ratings of QBE Insurance Group Limited's U.S.Subsidiaries I ; Jan 24,2013 AM.Best Affirms Ratings of Balboa Insurance Company and Its Subsidiaries Nov 15,2012 AM.Best Revises ICR Outlook to Negative for Members of QBE North America Insurance Group I I I i t IIw...<;J 1 2 3 ,:) t Page size i 10 _ 26 items in pages Find a Bests Credit Rating Enter a Company Name. . -. !.. ,.. . . _. Advanced Search .' How to Get a Best s`CreditRating Bet's Credit Ratings ., Mobile App European Union Disclosures A.M.Best-Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC.A.M.Best(EU)Rating Services B.V.(AMB-EU),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment(ECAI)in the EU.Therefore,credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006./48/EC. Australian Disclosures A.M.Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:AM Best's Credit Ratings are independent and objective opinions,not statements of fact.A.M.Best is not an Powered by AM Best's Global Insurance Database Page 3 of 4 Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M.Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of credit rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Guide to Best's Credit Ratings. About Us I Careers I Contact I Events I Offices I Press Releases I Social Media I Legal&Licensing I Privacy I Security I Site Map I Terms of Use • Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2020 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. • • Powered by AM Best's Global Insurance Database Page 4 of 4 4 BEST a Po Rating Services Rating Search:1 Search ! I l PrintEi PDF Help Advanced Search QBE Insurance Corporation AMB#:002739 NAIC#:39217 FEIN#:222311816 Mailing Address One QBE Way Sun Prairie,WI 53596 United States Web:www.qbena.com Phone:608-825-5160 View Additional Address Information AM Best Rating Unit:AMB#:085434-QBE Insurance Group Limited Assigned to insurance companies that'have,in"our opinion an excellent ability to meet their R"e""8�s�'a`a'R ' ' ongoing insurance obligations. A• a View additional news,reports-and products.foe this company�‘r • Based on AM Best's analysis,085434-QBE Insurance Group Limited is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. t.I redif ings %21 � �. ''per � '�. n.*.r a,. ��a,: Financial Strength Rating View.Definition I • Best's Credit Rating Analyst Rating: A(Excellent) Rating Office:A.M.Best Rating Services, Affiliation Code: p(Pooled) Inc. Financial Size XV($2 Billion or Senior Financial Analyst:Edward Category: greater) Zonenberg i Outlook: Stable Senior Director: Daniel J.Ryan Action: Affirmed Note:See the Disclosure information Form or Press Release below for the office and analyst at Effective Date: July 05,2019 the time of the rating event. Initial Rating Date: July 05, 1994 Disclosure Information Long Term Issuer Credit Rating View Definition Disclosure Information Form View AM Best's Rating Disclosure Form Powered by AM Best's Global Insurance Database Page I of 4 Press Release Long-Term: a+ AM Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Outlook: Stable Subsidiaries Action: Affirmed July 05,2019 Effective Date: July 05,2019 Initial Rating Date: June 09,2005 u Denotes Under Review Best's Rating '`" x � a %ate e a v.4°;ilty"11 • € ;Vale � to �e tiri kif�HISt0 yiLmoi' £ ` 5 ? + a r s i AM Best has provided ratings&analysis on this company since 1994. Financial Strength Rating Long Term Issuer Credit Rating ! fi Effective Date Rating Effective Date Rating 7/5/2019 A 7/5/2019 a+ 6/13/2018 A 6/13/2018 a+ i 7/13/2017 A 7/13/2017 a+ 3/10/2016 A 3/10/2016 a 1/15/2015 A 1/15/2015 a J E :........................................................................................................................................................................................: i ! l fq3ests iaed..pIRyyingganclal t ep4rts � a a k, ,., ^., ^. +Y ,9. '.AA �'xa r. .4f�n r G.�� E;..eR,�A Nd+dn. &a ¢°,! Best's Credit Report-financial data included in Best's Credit Report reflects the data used in determining the current credit rating(s)for AM Best Rating Unit:AMB#:085434-QBE Insurance Group Limited. Best's Credit Report-Archive-reports which were released prior to the current Best's Credit Report. Best's Financial Report-financial data included in Best's Financial Report reflects the most current data available to AM Best,including updated financial exhibits and additional company information,and is available to subscribers of Best's Insurance Reports. View additional news, reports and products for this company. Page 2 of 4 Powered by AM Best's Global Insurance Database ' R irWatoftt q Date a. nig Jul 05,2019 AM Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries Jun 13,2018 AM.Best Affirms Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries Jul 13,2017 AM.Best Upgrades Issuer Credit Ratings of QBE Insurance Group Limited and Its Key Subsidiaries Mar 10,2016 AM.Best Affirms Ratings of QBE Insurance Group Limited and Its Key Subsidiaries , Mar 13,2015 A.M.Best Withdraws Ratings of Members of Balboa Insurance Group Feb 21,2014 A.M.Best Revises,Outlook to Negative,for Balboa Insurance Company and Its Subsidiaries r Dec 12,2013 A.M.Best Downgrades Issuer Credit Ratings of QBE Insurance Group Limited's U.S.Subsidiaries , Nov 14,2013 AM.Best Affirms Ratings of QBE Insurance Group Limited's 11.S.Subsidiaries Jan 24,2013 A.M.Best Affirms Ratings of Balboa Insurance Company and Its Subsidiaries Nov 15,2012. A.M.Best Revises ICR Outlook to Negative for Members of QBE North America Insurance Group. 1€ a 1 2 3 p:g t i',. . Page size:1.10 1 26 items in 3 pages find a Best's Credit Rating Enter a Company Name Advanced Search licrii,16Get a l A-t. _- Bests Credit Rating Best's_Credit Ratings Mobile App European Union Disclosures A.M.Best-Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC.A.M.Best(EU)Rating Services B.V.(AMB-EU),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment(ECAI)in the EU.Therefore,credit ratings issued and endorsed by AMB-EU may used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M.Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:AM Best's Credit Ratings are independent and objective opinions,not statements of fact.A.M.Best is not an Powered by AM Best's Global Insurance Database Page 3 of 4 Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M.Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of credit rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Guide to Best's Credit Ratings. About Us I Careers I Contact I Events I Offices I Press Releases I Social Media I Legal&Licensing I Privacy I Security I Site Map Terms of Use Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2020 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. • • Powered by AM Best's Global Insurance Database Page 4 of 4 ATTACHMENT D INSURANCE REQUIREMENTS ATTACHMENT E GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS At t't I I 1;sem J LI £ � GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (June 12,2019) • ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS. 1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the Contract Documents. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein, as follows: "Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules regulations,lawful orders and decrees of governmental authorities having jurisdiction over the Project,Project Site, or the Parties. "Application for Payment" means the detailed itemized documentation, including all supporting documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly basis in order to obtain the City's-approval for payment for Work performed pursuant to the Contract Documents. "Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid Submittal"are used interchangeably. "Bidder" means any individual or firm submitting a Bid for this Project. "Change Order" means a written document ordering a change in the Contract Price and/or Contract Time or a material change in the Work(as defined herein). A Change Order must comply with the requirements of the Contract Documents. "CIP Inspector/PWD Field Observer" means a City employee charged with observing and documenting,for internal City purposes only,general observations and conditions of the Project including,without limitation,the weather conditions, the number of workers present at the time of observation, general type of work being performed and taking photographs regarding same. Contractor expressly waives any right to assert as a defense to any claim regarding the Project including, without limitation, any dispute between the City and Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP Inspector or other City employee conducting any field observations during the Project. The Contractor expressly acknowledges that the purpose of such City employee is to observe and document for internal purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be treated as,a person with authority to approve or reject the Work on behalf of the City or any other entity,or to direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to any Claims involving the Project. "City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority \for code inspections and issuance of Building Department permits, Public Works Department permits,or other applicable permits within its jurisdiction,the exercise of such regulatory authority 1 I General Conditions for Construction Contracts Uune 12, 2019) and the,enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Contract. "City Commission" means the governing and legislative body of the City. "City Manager" means the Chief Administrative Officer of the City. The City Manager shall be construed to include the Contract Administrator and any duly authorized representatives Of the City as.the City Manager may designate in writing at any time with respect to any specific matter(s)concerning the Project and/or the Contract Documents (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project and/or the Contract Documents). "Claim" means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the Contract Documents, payment of money,extension of time or other relief with respect to the Contract Documents or Project. The term "Claim" also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract Documents. Claims must be initiated by written notice in strict accordance with the Contract Documents. The responsibility for substantiating Claims shall rest with the Party making the Claim. All Claims submitted by Contractor must comply with the requirements of the City's False Claims Ordinance,as set forth in Sections 70-300 et seq.,of the City Code, or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and released. "Consultant" means the firm named in the Invitation to Bid Summary as the "Consultant,"that has entered into a separate agreement with the City to perform architectural,engineering,or other design and construction administration services for the Project, and who will serve as the "architect of record" and/or "engineer of record"for the Project.Wherever the word "Architect"or"Engineer"or"Consultant" appears in the Contract Documents, it shall be deemed to refer to the Consultant and/or the design professionals engaged by the Consultant. All communications, directives, instructions, interpretations and actions required of Consultant shall be issued or taken only by or through Consultant's authorized representative(s). "Construction Superintendent" means the individual who is a representative of the Contractor, and who shall be responsible for continuous field supervision,coordination,and completion of the Work,and who shall maintain a full-time on-site, physical presence at the Project Site and satisfy the obligations of Construction Superintendent as provided in the Contract Documents. "Contract" means the written agreement between the City and the Contractor for the performance of the Work in accordance with the requirements of the Contract Documents, and for the payment of the agreed consideration. "Contract Administrator" means the City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate,direct,and review on behalf of the City,all matters related to the Project. The initial Contract Administrator for the Project is named in the Invitation to Bid Summary. "Contract Documents" means all of the documents setting forth bidding information, requirements and contractual obligations for the Project, including this ITB, Contractor's Bid in response thereto,the Contract, and the Plans and Specifications, together with all addenda to any of the foregoing, Change Orders, Work Orders, Field Orders, schedules and shop drawings, and all other documents required by the ITB for the completion of the Project. 2 I General Conditions for Construction Contracts[lune 12, 2019) "Contract Price" means the amount established in the Contract Documents as the total amount the City is obligated to pay for full and complete performance of all of the Work required by the Contract Documents (including, but not limited to, all labor, equipment and materials to administer,-coordinate, provide related certifications,install and otherwise construct and complete the Project within the Contract Time),and as may be amended by Change Order. "Contract Time"means the number of days allowed for completion of all Work,as stipulated in the Contract Documents, and as may be amended by Change Order. "Contractor" means the individual or firm whose Bid is accepted and who enters into the Contract with the. City to construct the Project-pursuant to the Contract Documents and who is liable for the acceptable, performance of the Work and payment of all debts pertaining to the Work. "Days" means-all references to numbers of days in the Contract Documents, shall be construed to mean calendar days, unless specifically noted otherwise. The term "business days" means a day other than a Saturday, Sunday, Federal holiday or any day on which the principal commercial banks located in Miami- Dade County, Florida a're not open for business during normal hours. "Field Order" or "Field Directive" means a written order which further describes details or provides interpretations necessary to complete the Work of the Contract Documents but which does not involve a change in the Contract Price or Contract Time. "Final Completion"means the date upon which all conditions and requirements of the Contract Documents, permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by the City; any other documents required to be provided have been received by City; and the Work has been fully completed in accordance with the Contract Documents. "Notice(s)to Proceed"or"NTP" means a written letter or directive issued by the Contract Administrator to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of the Project,and stating any further limitations on the extent to which Contractor may commence and proceed with the Work. Unless otherwise approved by the City at its sole discretion, City's issuance of a Notice to Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate permits and satisfying all requirements of agencies having jurisdiction. However,the City is not obligated to immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at the City's sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions precedent to issuance of NTP. - "Owner's Contingency" means that separate fund which is available for City's use at its sole discretion to defray additional expenses relative to the design and construction of the Project, as well as additional expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the Contract Documents. The City retains exclusive use and control of the Owner's Contingency. The Contractor has no right or entitlement whatsoever to the Owner's Contingency, and use of such funds are subject to the Contract Administrator's or City Manager's prior written approval and issuance of a Change Order by the City at its sole and absolute discretion.Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. 3 I General Conditions for Construction Contracts[June 12, 2019) "Parties" means City and Contractor, and `Party" is a reference to either City or Contractor, as the context may indicate or require. • "Plans" means the drawings or reproductions thereof prepared by the Consultant,which show the location, character, dimensions and details of the Work to be done,and which are a part of the Contract Documents. "Project"means the improvements described in the Contract Documents and all Work that is contemplated thereby or reasonably inferable therefrom. "Project Initiation Date" means the date upon which the Contract Time commences. "Project Manager" means the authorized individual which is the representative of Contractor and who will administer and manage the prosecution of all Work on behalf of the Contractor. "Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or Consultant, identifying matters that remain to be completed to achieve Substantial Completion and to be completed between achievement of Substantial Completion and Final Completion in order that Final Completion can be declared by City to have occurred. "Purchase Order" means the written document issued by the City to the Contractor indicating types, quantities, and/or agreed prices for products or services to be provided to the City. "Responsible Bidder" means an offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance, including, without limitation,the factors identified in Section 2-369 of the City Code. "Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to a solicitation.A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. "Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract Price. "Specifications" means the general term comprising all of the written directions, provisions and requirements contained in the Contract Documents, as amended, describing the work required to be performed,, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or equipment used directly or indirectly by the Contractor in the prosecution of the Work. "Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract Documents such that all conditions of permits and regulatory agencies have been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the City, without material interference from incomplete or improperly completed Work and with only minor punch list items remaining to be completed, all as reasonably determined by the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of 4 I General Conditions for Construction Contracts(June 12, 20191 Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the Consultant; and (3) acceptance of such Certificate of Substantial Completion by the City pursuant to the Contract Documents. "Surety" means the surety company or individual which is bound by the bid bond, or by the performance bond or payment bond with and for Contractor who is primarily liable,and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. "Work" means all construction and services required by or reasonably inferable from the Contract Documents for the completion of the Project, including the provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection, demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and governmental approvals,testing and inspection services,quality assurance and/or quality control inspections and related certifications, training,surveys, studies, supervision, and administration services to be provided by the Contractor, and other items, work and services that are necessary or appropriate for the total construction, installation, furnishing, equipping, and functioning of the completed Project, together with all additional, collateral and incidental items, work and services required to achieve Final Completion in accordance with the Contract Documents. • 1.2. Interpretation of the Contract Documents. 1.2.1. As used in the Contract Documents, (i)the singular shall include the plural, and the masculine shall include the feminine and neutral, as the context requires; (ii) "includes"or"including"shall mean "including, but not limited to" and "including, without limitation;" and (iii) all definitions of agreements shall include all • amendments thereto in effect from time to time. 1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required to perform a service or obligation"at its sole cost and expense"or words of substantially similar meaning,the Contractor shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be included in any Application for Payment. 1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. 1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any item of Work called for in any Contract Document shall be as binding as if called for by all, so that any part of the Work shown or described in any of the Contract Documents, though not specifically referred to in other Contract Documents, shall be executed by Contractor and binding as a part of the Contract Documents, as well as any Work which,in the sole opinion of City, may be fairly inferred from the Contract Documents or by normal industry practice. 1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work.Specifications and detailed plans which may be prepared or approved by City after the execution of the Contract and which may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications and plans,and that portion of the Work shown thereby shall be performed without any change in the Contract Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the larger scale drawing shall govern, unless otherwise dictated by Consultant. 5 I General Conditions for Construction Contracts(June 12, 2019 • 1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract Documents and where these requirements within the Contract Documents conflict in quantity or quality, the Contractor shall comply with the most stringent requirement as determined by the City, unless specifically indicated otherwise in the Contract Documents. 1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references to an Article include all Sections,Subsections,and items within that Article;references to a Section include all Subsections and items within that Section; and references to a Subsection include all items within that Subsection. 1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such recognized or well-known meaning, unless the Contract Documents otherwise specifically define such word. 1.2.9. The Recitals,Appendices,Exhibits and Schedules attached hereto are expressly incorporated in and made a part of the Contract Documents as if fully set forth herein. ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS. 2.1. Intention of City. It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the Contract Documents,the following order of precedence shall govern the interpretation of the Contract Documents: a. Change Orders or Amendments to this Contract(excluding the Plans and Specifications); b. The Contract Documents(excluding the Plans and Specifications); c. Modifications or changes to the completed Plans'and Specifications, as approved by the City; d. The completed Plans and Specifications, as approved by the City; and e. The ITB. In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended, shall take precedence and control. Contractor shall be furnished two (2) copies, free of charge, of the Contract Documents; which shall be preserved and always kept accessible to the City, the Consultant, and their respective authorized representatives. Additional copies of the Contract Documents may be obtained from City at the cost of reproduction. ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES. 6 I General Conditions for Construction Contracts(June 12, 2019) 3.1. Performance of the Work. The Contractor covenants and warrants that it shall be responsible for performing and completing, and for causing all Subcontractors to perform and complete, the Work in accordance with the Contract Documents and all Applicable Laws relating to the Project. Accordingly, Contractor shall furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract Documents,and all Work that is contemplated thereby or reasonably inferable therefrom. As part thereof, Contractor shall achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, and shall achieve Final Completion of the Project by the date established in the Contract Documents for Final Completion, as such date may be extended pursuant to the terms of the Contract Documents. Unless otherwise provided in the Contract Documents,or as agreed to in writing between City and Contractor, the form and content of all reports, forms and regular submittals by Contractor to City shall be subject to prior approval of the City,and Contractor shall submit such materials to the City for City's approval prior to implementation. City's approval thereof shall not limit City's right to thereafter require reasonable changes or additions to approved systems, reports, forms and regular submittals by Contractor to City. 3.2. Standard of Care. The Work shall be performed in accordance with the professional standards applicable to projects, buildings, or work of complexity, quality and scope comparable to the Work and the Project. More specifically, in the performance of the professional services under this Contract, Contractor shall provide the care and skill ordinarily used by members of its profession practicing under similar conditions for projects of similar type, size and complexity at the same time and locality of the Project. Work shall be performed by the Contractor,Subcontractors,and specific personnel referred to in the in the Contract Documents in accordance with their respective degrees of participation provided and represented to the City by the Contractor from time to time. The Contractor may add Subcontractors as it deems necessary or appropriate in order to carry out its obligations under the Contract Documents, provided such entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any such persons or entities, including to any Subcontractors. 3.3. Notices to Proceed. Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued by the Contract Administrator.At least two(2) Notices to Proceed will be issued for this Contract. Contractor 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 Contractor's submission to City of all required documents,including but not limited to, Payment Bond,Performance Bond,and Insurance Certificate(s), and after execution of the Contract by both parties. 3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project Site and commence with physical construction of the Work (typically,the second NTP for a Project): (1) the receipt of all necessary permits by Contractor;(2)City's acceptance of the Contractor's full progress schedule in accordance with the Contract Documents, Contractor's submittal schedule, Contractor's Schedule of Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's submission to the City and Consultant of any other documents required by the Contractor Documents. The Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with construction of the Work within twenty-one(21)calendar days of the issuance of the first Notice to Proceed. 7 I General Conditions for Construction Contracts (lune 12, 2019) 3.5. Warranty.Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Contract Documents. 3.6. Personnel Requirements. 3.6.1. The orders of City are to be given through Consultant or the Contract Administrator, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking Construction Superintendent and any necessary assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the written consent of City,unless the Construction Superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks, including, but not limited to, organization and coordination of the Work of Subcontractor employees; exercising control over rate of construction progress to assure completion of the Project within the Project Schedule; inspecting or observing the Work to enforce conformity to the Contract Documents and supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the Project. On a daily basis, Contractor's Construction Superintendent shall record,at a minimum,the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work;time of commencement of work for the day;the work being performed;materials,labor, personnel, equipment and subcontractors at the Project Site; visitors to the Project Site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project Site and shall be available at all times for inspection and copying by City and Consultant. 3.6.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Contract Documents,it shall be Contractor's duty to immediately inform Consultant,in writing,and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 3.6.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention . thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 8 I General Conditions for Construction Contracts[June 12, 2019) 3.6.6. The Construction Superintendent must have at least five(5)years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five(5)years of experience in projects of similar design, scope, size and complexity. 3.7. Subcontracts. 3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 3.7.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain the following provisions (or shall incorporate the following provisions by reference) and shall state: a. that the Subcontractor irrevocably submits itself to the original and exclusive-jurisdictionand venue in Miami-Dade County, Florida, with regard to any controversy in any way relating to the award, execution or performance of the Contract Documents and/or such Subcontractor's agreement, and whereby the Subcontractor agrees that service of process on it may be made to the person or entity designated in the Subcontract; b. that the City shall not be in privity of contract with the Subcontractor and shall not be liable to any Subcontractor under the Contract Documents or any such subcontract, except for the payments of amounts due to the Subcontractor under its subcontract in the event that the City exercises its rights under any assignment of the subcontract and requests or directs the Subcontractor to perform the portion of the Work covered by its subcontract; c. that the City is a third-party beneficiary of the Subcontract, entitled to enforce any rights thereunder for their respective benefits, and that, subject to the terms of the applicable Subcontract,the City shall have the same rights and remedies vis-à-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss, expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and warranties,if any,implied or expressed,arising out of such agreements and any error,omission or negligence of such.Subcontractor in the performance of any of its obligations under such Subcontract; d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents, directors,and employees,and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida Statutes; e. that such subcontract shall be terminable for default or convenience upon ten(10)days prior written notice by Contractor, or, if the Subcontract has been assigned to the City, by the City or its designee; 9 I General Conditions for Construction Contracts [June 12, 2019) f. that Subcontractor shall promptly notify the City(with a copy to Contractor)of any default of Contractor under the Subcontract,whether as to payment or otherwise; g. that Contractor and Subcontractor acknowledge that(i)they are each entering into a contract for the construction of a public facility or public works project as contemplated in Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further agree to include a similar requirement in any purchase order or subcontract entered into by Subcontractor; and (iii) the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to claim a lien on the Project,and that any claims for nonpayment shall be made against the bond in accordance with Section 255.05, Florida Statutes. h. that Subcontractor shall comply with all Applicable Laws(including prompt payment)and the City requirements as set forth in the Contract Documents and maintain all files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract Documents. that the City may, at reasonable times, contact Subcontractor, after notice to Contractor,to discuss, or obtain a written report of, Subcontractor's services, with Contractor entitled to be present during any such discussions; provided that in no event,prior to any assignment of the Subcontract to the City,shall Subcontractor take instructions directly from the City; j. that Subcontractor promptly disclose to the City and Contractor any defect, omission, error or deficiency in the Contract Documents or the Work about which it has knowledge no later than ten (10) days following discovery of such defect,omission,error or deficiency; k. that Subcontractor assign all warranties directly to the City, I. that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. o. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which the Contractor must submit 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 in the same manner as provided for in the Contract Documents. 3.7.4. Contractor shall perform the Work with its own forces, in an amount not less than the percentage of the Work specified in the Invitation to Bid Summary. 3.8. Plans and Working Drawings. 3.8.1. Contractor to Check Plans, Specifications and Data. Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall 10 I General Conditions for Construction Contracts(June 12, 2019) notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor shall not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error,omission or discrepancy and failed to report it to Consultant, or unless Contractor should have recognized such error, omission or discrepancy upon reasonable investigation. 3.8.2. Supplementary Drawings.When, in the opinion of Consultant,it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. The supplementary drawings shall be binding upon Contractor and shall be considered as part of the Contract Documents. Where such supplementary drawings require either less or more than the original quantities of work,appropriate adjustments shall be made by Change Order. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 3.8.3. Shop Drawings. 3.8.4.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 3.8.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Submission of such documents is a condition precedent to the issuance of a Notice to Proceed for construction. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 3.8.4.3. After the approval of the list of items required herein, Contractor shall promptly request Shop Drawings from the various manufacturers,fabricators,and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 3.8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 3.8.4.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility,to comply with the Contract Documents. 3.8.4.6. Consultant shall review and approve Shop Drawings within seven(7)calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant.Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. • 11 I General Conditions for Construction Contracts Uune 12, 2019) 3.8.4.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items,check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 3.8.4.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 3.8.4.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 3.8.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 3.8.4. Field Layout of the Work and Record Drawings. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. 3.8.5.1. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,fittings and the like and shall prepare record or"as-built"drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be delivered to Consultant prior to Substantial Completion, in accordance with the Contract Documents. 3.8.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of all Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment,these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 3.8.5.3. Prior to,and as a condition precedent to Final Payment,Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 3.8.5. Art in Public Places("AIPP")Coordination.Contractor shall coordinate the implementation of the City's AIPP commissions and installations for the Project, if any, with all such coordination Work covered within the Contract Price, provided, however, that the City shall separately fund the commissioning and installations of all AIPP artworks. 3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT 12 I General Conditions for Construction Contracts(June 12, 20191 PRECLUDE THE CITY FROM DECLARING CONTRACTOR IN DEFAULT FOR CONTRACTOR'S FAILURE TO PERFORM SUCH OBLIGATION,NOR SHALL IT LIMIT,IN ANY WAY,THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION,ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONTRACTOR'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION,ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES,OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 3.8.7. City's Information. Except for any tests or studies that the City provides as part of the ITB, any information provided by the City to the Contractor relating toi the Project and/or other conditions affecting the Project Site, is provided only for the convenience of the Contractor and does not relieve the Contractor of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes no representation or warranty as to, and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of any such test, studies or other information and makes no guarantee, either express or implied, that the conditions indicated in such information or independently found by the Contractor as a result of any examination, exploration or testing, are representative of those existing throughout the performance of the Work or the Project Site, and there is no guarantee against unanticipated or undisclosed conditions. ARTICLE 4. CONTRACT PRICE. 4.1. If the Invitation to Bid Summary or any other Contract Documents contemplate unit pricing for the Project or any portion thereof, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid.The number of units contained in this schedule is an estimate only,and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered byl the Contract Documents. Payment shall be made at the unit prices applicable to each integral part of the Work.These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract;Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in!the Contract unit price or lump sum price to which the item is most applicable. 4.2. If the Invitation to Bid Summary or any other Contract;Documents contemplate lump sum pricing for the Project, the Contract Price shall be the amount specified in the Contract, consisting of a base bid, and a separate line item for the Owner's Contingency(to be usedsolely by the City at its sole discretion for the purposes described in the Contract Documents).The Contract Price,exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment,;costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom,even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. 4.3. To the extent the Project includes both unit prices and a lump sum price, then all sections of this Article 4 shall apply to the item of Work in question, as applicable. 4.4. No Compensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice to Proceed, Contractor shall not incur any cost to be reimbursed!as part of the Project, except as the Contract Administrator may authorize in writing. 13 I General Conditions for Construction Contracts Uune 12, 2019) 4.5. Owner's Contingency. The Owner's Contingency shall be an amount, determined by the City, which will be available to the City to pay for Project costs which are expressly chargeable to the City or determined to be the City's responsibility under the Contract Documents, including, as it relates to the Contractor, the following increased costs of the Project incurred by Contractor: a. Express written changes in the Work made in the discretion of the City after issuance of a Change Order or Construction Change Directive relating thereto. The decision to make such changes, and to incur the costs that arise there from, shall be in the sole discretion of the City. No costs may be charged to the Owner's Contingency under this subsection without express approval of City. b. Changes to the Work if ordered by agencies having jurisdiction, provided such Work directly results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon; c. In the event of Excusable Delay, reasonable acceleration costs to meet milestones, if approved by the City at its sole and absolute discretion; d. Differing site conditions pursuant to the Contract Documents; e. Post-hurricane or storm-related Construction Change Directives (to address matters that are in addition to, or not covered by,the Contractor's City-approved Hurricane Preparedness Plan required by the Contract Documents); f. Increased Costs of the Work resulting from other actions of the City deemed to be City's responsibility and/or compensable under the Contract Documents. Unless Contractor secures City's written agreement that such costs are City's responsibility, documentation of responsibility for such costs shall be submitted with the Contractor's Claim. When Contractor has reason to anticipate that such costs may be incurred, it shall be the Contractor's responsibility, when feasible, to provide the City with sufficient advance notice, so as to provide the City with a reasonable opportunity to avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in writing to grant the Claim and accept such responsibility, or if the Claim.is granted and responsibility assigned to City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are exhausted or waived by City. The Contractor has no right or entitlement whatsoever to the Owner's Contingency,and use of such funds are subject to the City's prior written approval and issuance of a Change Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. ARTICLE 5. APPLICATION FOR PAYMENT. 5.1. Applications for Payment for the Work performed by Contractor shall be made monthly based upon the percent completion of the Work for each particular month and in accordance with the Contract Documents. The percent completion shall be based upon the updated and City-approved Project Schedule as required by the Contract Documents Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant or City. Contractor shall include, with each Application for Payment, an updated progress schedule as required by the Contract Documents and a release of liens and consent of surety relative to the Work which is the subject of the Application. Following submission of acceptable supporting documentation along with each Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or 14 I General Conditions for Construction Contracts(June 12, 2019) J withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent(10%)of each such payment until fifty percent(50%)of the Work has been completed.The Work shall be considered 50%complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in the Contract Documents. Thereafter, the Contract Administrator shall reduce to five,percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor,until Substantial Completion.Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator,after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage,except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. 5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the Contractor in the following circumstances: a. correction or re-execution of Work which is defective or has not been performed in accordance with the Contract Documents and which the Contractor has failed to correct in accordance with the terms of the Contract Documents; b. past due payments owed to Subcontractors for which City has not been provided an appropriate release of lien/claim (whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract Documents' requirements or uncured Default of this Contract by the Contractor; d. damage to another contractor or third-party (including, without limitation, the property of any resident or business in the area surrounding the Project Site)which has not been remedied or, damage to City property which has not been remedied; e. liquidated damages; f. failure of Contractor to provide a Recovery Schedule in accordance with the Contract Documents; • g. failure of Contractor to provide any and all material documents required by the Contract Documents including, without limitation, the failure to maintain as-built drawings in a current and acceptable state; and h. pending or imminent Claims of the City or others including, without limitation, Claims which are subject to Contractor's indemnity obligation under the Contract Documents, for which the Contractor has not posted bonds or other additional security reasonably satisfactory to the City. 15 I General Conditions for Construction Contracts(June 12, 2019) Except as otherwise specifically provided in the Contract Documents, in no event shall any interest be due and payable by the City to the Contractor or any other party on any of the sums retained by the City pursuant to any of the terms or provisions of any of the Contract Documents. 5.4. No acceptance. No progress payment made by the City to Contractor shall constitute acceptance of any portion of the Work, any goods or materials provided under this Agreement or any portion thereof. No partial or entire use or occupancy of the Project by the City shall constitute an acceptance of any portion of the Work or the complete Project which is not in accordance with the Contract Documents. 5.5. Final Bill of Materials. Upon request by the City, Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 5.6. Payment by Citv`for Tests. Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by the City. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 5.7. Form of Application: Protected Payment Schedule. The Contractor shall make each Application for Payment on AIA Form G702 or other form approved by the City,which incorporates the budget and the Schedule of Values. For each line item, the Contractor shall state the approved cost, the cost to date, and the projected total cost, and retainage held (if any), shall state that the projected total cost shall not exceed the approved cost, as adjusted by Change Order. Each Application for Payment shall also state the actual costs incurred by the Contractor for the payment period covered by such Application for Payment. ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME. 6.1. Time for Completion. Time is of the essence throughout this Contract.Contractor shall perform the Work so as to achieve Substantial Completion within the number of days specified for Substantial Completion in the Invitation to Bid Summary,and the Project shall be completed and ready for final payment as set forth herein within the number of days specified for Final Completion in the Invitation to Bid Summary, with such Final Completion date calculated from the date certified by Consultant as the date of Substantial Completion. 6.2. Project Schedule; Preliminary Matters. As a condition of issuance of a Notice to Proceed for the construction of the Work(typically, NTP2), Contractor shall submit to Consultant for Consultant's review and acceptance: 6.2.1. A project"Base Line"schedule, one (1) copy on a CD and One (1) hard copy(activities arranged in "waterfall"), in the indicated form for Final review and approval, in accordance with the Project Scheduling Format required in the Invitation to Bid Summary. (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") 16 I General Conditions for Construction Contracts(lune 12, 2019) Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to Consultant and City. Monthly, Contractor shall submit with each Application for Payment an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month("Progress Schedule").CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY(including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a narrative report of the months'progress,an explanation of any delays and or additions/deletions to activities. City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall not constitute or be construed as City's approval of the Progress Schedule itself,or as approval of any change to the Project Schedule. Any changes to the Project Schedule, if agreed to, shall be memorialized in a duly executed Change Order. It is strongly recommended that Contractor or the professional who performs scheduling have a vast knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to develop and update the project schedule. • CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities;and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects. 6.2.2. A preliminary schedule of Shop Drawing submissions; and 6.2.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which may 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 Contractor at the time of submission. If requested by the City, Contractor shall provide additional breakdowns as to any line item, to show labor, equipment, materials and overhead and profit. 6.2.4. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided,however,that by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such coordination. 17 I General Conditions for Construction Contracts(June 12, 2019) 6.2.5. At a time specified by Consultant but before Contractor starts the work at the Project Site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures forhandling Shop Drawings and other submittals and for processing Applications for Payment,and to establish a working understanding among the parties as to the Work. 6.2.6. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a pre- construction meeting attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within ten (10)days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 6.3. Recovery Schedule. 6.3.1. If Contractor's Work, or any portion of the Work, becomes more than (30) days behind schedule, if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a period which exceeds 5% of the days remaining until a completion deadline for an item in the Project Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project Schedule,the City may notify Contractor of same, and in such case, the Contractor shall submit a proposed recovery plan•to regain lost schedule progress and to achieve any Project milestones, Substantial Completion, and Final Completion in accordance with the Contract Documents ("Recovery Schedule"), after taking into account Excusable Delays (as hereinafter defined) and permitted extensions of the Project for review and acceptance within seven (7)days following notification from the City,so as to ensure Contractor makes up lost time. 6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule incorporating City's comments. If the City accepts Contractor's Recovery Schedule, Contractor shall, within five (5) business days after City's acceptance, incorporate and fully include the Recovery Schedule into the Project Schedule and deliver same to City. 6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City in its sole discretion, that demonstrates Contractor's ability to timely follow the Project Schedule, the City may,without prejudice to any other rights and remedies available to the City hereunder or otherwise,declare an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration of the Work, and other measures, including substantially increasing manpower and/or necessary equipment, as may be necessary to bring the Work into conformity with the Project Schedule. 6.4. Substantial Completion. As a condition of Substantial Completion, all of the following must occur: 18 I General Conditions for Construction Contracts Uune 12, 2019) • 6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance with the Contract Documents; 6.4.2. If applicable,all pre-commissioning activities,including alignment, balancing, lubrication and first-fill, have been completed; 6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in compliance with Applicable Laws, and without damage to the Work or to the Project; 6.4.4. Contractor has corrected all defects,deficiencies and/or discrepancies to the entire'Work as identified by the City or the Consultant, and the Consultant confirms such corrections have been made in writing; 6.4.5. The most recent updated set of "as-built" drawings reflecting the progress of the Work through Substantial Completion (in native file format,such as autoCAD); 6.4.6. When Contractor believes it has achieved Substantial Completion, Contractor shall request an inspection by the City and the Consultant, and shall provide the City with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the City to assist in its evaluation thereof. Contractor shall, prior to said inspection,develop its preliminary Punch List for input and comment by the City and the Consultant. Once the preliminary Punch List is submitted to the City, the City and its representatives shall then schedule a walk-through of the Project with Contractor , and the Consultant. Following the walk-through, Contractor shall develop and provide City with the list of all remaining items of Work to be completed or corrected,and which incorporates items and comments identified or provided by the City and Consultant comments and is certified for completeness and accuracy by the Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents; and 6.4.7. Any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed, a temporary certificate of completion or Certificate of Occupancy,as applicable,is issued for the Work for which a Certificate of Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with, to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.4.8. With respect to any Project for which a right-of-way permit is required from the City's Public Works Department or which includes a final lift of asphalt as part of the Work, in no event shall Substantial Completion occur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction (including,without limitation,the City's Public Works Department). 6.5. Certificate of Substantial Completion. Any determination by the Consultant and the Contractor of Substantial Completion shall not be binding on the City, and the ultimate determination of Substantial Completion shall rest with the City and shall be evidenced by the City's executing and returning to the Contractor its Certificate of Substantial Completion (or Partial Substantial Completion, as applicable). 19 I General Conditions for Construction Contracts(lune 12, 2019( 6.5.1. When the City,on the basis of an inspection,determines that the Work or designated portion thereof is substantially complete, and when the Contractor has complied with all other conditions precedent to Substantial Completion provided for in the other Contract Documents,the City will then prepare a Certificate of Substantial Completion which shall establish the Substantial Completion Date, shall state the responsibilities of Contractor, if any, for security, maintenance, heat, utilities, damage to the Work, and insurance,and shall fix the time within which the Contractor shall complete the items listed in the Substantial Completion Punch List. If the City issues a Certificate of Substantial Completion on the basis of partial completion of the Project,or upon the basis of a partial or temporary certificate of occupancy or certificate of completion, as applicable, City may include such additional conditions, as it deems appropriate to protect its interests pending substantial completion of the entire Project or issuance of a permanent certificate of occupancy or certificate of completion, as applicable. 6.5.2. The City shall not unreasonably withhold or condition acceptance and execution of a Certificate of Substantial Completion (or a Notice of Partial Substantial Completion); provided, however, the Project shall not be deemed Substantially Complete and the City shall not execute a Certificate of Substantial Completion until all of the criteria for achieving Substantial Completion as identified in the Contract Documents have been satisfied,and (2)in the case of a portion of the Project,the conditions set forth this Article 6 relating to Partial Substantial Completion shall have been satisfied. 6.6. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur when the City determines that a portion of the Work, as defined in the Contract Documents and/or otherwise by logical boundaries, is Substantially Complete in accordance with the Contract Documents. The City may(but shall , not be obligated to)agree that a portion or component of the Work,acceptable to the City in its sole discretion, may be certified as Substantially Complete provided that: 6.6.1. The requirements provided in this Article 6 for issuance of a Certificate of Substantial Completion are complied with for the portion of the Work for which a Notice of Partial Substantial Completion is being sought; 6.6.2. Such portion and any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed, a temporary certificate of completion or Certificate of Occupancy, as applicable, is issued for the portion of the Work for which a Certificate of Partial Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with,to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.6.3. The City is fully able to use and occupy the portion of the Work for the purposes intended and the Contractor separates the portion of the Work which is Substantially Complete from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering,exiting and occupying the Substantially Completed portion of the Work; 6.6.4. Partial Substantial Completion shall not constitute Final Completion of the Work or Substantial Completion of the Project, nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in portion of Work Substantially Complete) or for the performance of Work not complete at the time of Partial Substantial Completion. • 6.7. Liquidated Damages. 20 General Conditions for Construction Contracts(June 12, 2019) 6.7.1. Upon failure of Contractor to achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, Contractor shall pay to City the sum specified in the Invitation to Bid Summary for"Liquidated Damages"for each calendar day after the time specified in the Invitation to Bid Summary for Substantial Completion, plus any approved time extensions, for Substantial Completion. Partial Substantial Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely achieve Substantial Completion. 6.7.2. After Substantial Completion is achieved, should Contractor fail to•complete the remaining Work within the time specified in the Invitation to Bid Summary for Final Completion,plus approved time extensions thereof, Contractor shall pay to City the sum set forth in the Invitation to Bid Summary as "Liquidated Damages" for each calendar day after the time specified in the Invitation to Bid Summary for Final Completion, plus any approved extensions. 6.7.3. Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set based on an evaluation by City of damages to City and the public caused by untimely performance. Such damages may include loss of revenues to the City, and additional costs of administering this Agreement, including Project staff, legal, accounting, consultants and overhead and other administrative costs. Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially reasonable. Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs and to avoid later disputes over which items are properly chargeable to Contractor as a consequence of Contractor's delays. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may,in its sole discretion,deem just and reasonable. Liquidated Damages shall apply,whether or not the City terminates Contractor for cause and whether or not Surety completes the Project after a Default by Contractor. Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for which the right to assess Liquidated Damages is specified, including, without limitation, Substantial Completion, and Final Completion,and shall be the City's sole remedy for delay,and are not intended to,and do not,liquidate Contractor's liability under any other provision of the Contractor Documents for other events not specifically referenced in this Article 6. Liquidated Damages shall not liquidate Contractor's liability under the indemnification provisions of this Agreement. Contractor, in addition to reimbursing City for Liquidated Damages or other damages for untimely performance as provided herein, shall reimburse City for all costs incurred by City to repair, restore, or complete the Work, as may be provided by the Contract Documents, including, without limitation, any additional design fees that may be due to the Consultant related thereto. All such costs shall be deducted from the monies otherwise due Contractor for performance of Work under this Agreement by means of unilateral credit or deductive Change Orders issued by City. In the event a court of competent jurisdiction determines that any Liquidated Damages amount herein is unenforceable notwithstanding Contractor's agreement herein that such amounts are fair and reasonable, Contractor shall not be relieved of its obligations to the City for the actual damages resulting from the failure to timely achieve Substantial Completion or Final Completion in accordance with the requirements of the Contract Documents. Without limiting the foregoing, City and Contractor covenant not to bring any action in 21 I General Conditions for Construction Contracts(June 12, 2019) a court of competent jurisdiction that would ask the court to rule that the Liquidated Damages amounts are not fair and reasonable. 6.8. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that a portion of the Work may be occupied prior to Substantial Completion. City may take Beneficial Occupancy in accordance with the provisions of the Contract Documents. 6.8.1. Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the portion of the Work to be occupied from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering, exiting and occupying the completed portion to be occupied. 6.8.2. Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of the Work, nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in the portion of Work to be occupied) or for the performance of Work not complete at the time of Beneficial Occupancy. 6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion,the Contractor shall deliver to the City complete as-built drawings, all approved Shop Drawings, maintenance manuals, pamphlets, charts, parts lists and specified spare parts. operating instructions and other necessary documents required for all installed materials, equipment, or machinery, all applicable warranties and guarantees, and the appropriate certificate of occupancy or certificate of completion that are related to the portion of the Work being occupied. 6.8.4. Contractor's insurance on the unoccupied or unused portion or portions of the Project Site shall not be canceled or lapsed on account of such Beneficial Occupancy. 6.8.5. Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final Completion. 6.9. Final Completion. Final Completion of the Project shall be deemed to have occurred if all the ) following have occurred: 6.9.1. Substantial Completion of the entire Project has occurred; 6.9.2. The Work can be used and operated in accordance with Applicable Laws bearing on the performance of the Work and applicable permits; 6.9.3. All spare parts, special tools and attic stock purchased by Contractor as part of Vendor supplies shall have been delivered to City and clear of all Liens; 6.9.4. All items on the Substantial Completion Punch List shall have been completed by Contractor to City's - satisfaction and all final inspections have been performed; 6.9.5. Contractor has satisfied the additional conditions prescribed by the City in conjunction with a Certificate of Substantial Completion issued on the basis of partial completion of the Project, or a partial or temporary Certificate of Occupancy or Certificate of Completion, as applicable; 22 I General Conditions for Construction Contracts(lune 12, 20191 6.9.6. Contractor has delivered evidence to the City that all permits that are Contractor's responsibilities as specified under the Contract Documents have been satisfied and closed, and that a Certificate of Completion or Certificate of Occupancy(as applicable) has been issued by the authority having jurisdiction, and the Project or designated portion thereof is sufficiently complete in accordance with the Contract Documents and can be used for its intended purpose for uninterrupted operation, including,without limitation, acceptance of completed as-builts, if required by the agency having jurisdiction. 6.9.7. Contractor shall have provided to City final releases and complete and unconditional waivers of liens for all Work performed by Contractor and each Subcontractor or Suppliers, and a Consent of Surety to Final Payment; 6.9.8. Contractor shall have delivered to the City a certification identifying all outstanding Claims(exclusive of any Liens or other such encumbrances which must have been discharged) of Contractor (and of its Subcontractors, Suppliers and any other party against Contractor) with written documentation reasonably sufficient to support and/or substantiate such Claims; 6.9.9. Contractor shall have delivered to the City a written assignment of all warranties or guaranties which Contractor received from Subcontractors or Suppliers to the extent Contractor is obligated to do so; 6.9.10. Contractor shall have delivered to City a complete set of as-built documents and Project Records prepared in accordance with the Contract Documents; 6.9.11. Contractor has delivered to City all other submittals required by the Contract Documents, including all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information; 6.9.12. All rubbish and debris have been removed from the Project Site;and 6.9.13. All Construction aids, equipment and materials have been removed from the Project Site. 6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract Documents, all of which shall be in the name of the City and run to the benefit of the City; 6.9.15. If applicable, certificates of insurance indicating that any insurance required of the Contractor or Subcontractors by the Contract Documents shall remain in full force and effect for the required period of time; 6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipts, releases and final waivers of lien from the Contractor and all Subcontractors, to the extent and in such form as may be reasonably required by the City; 6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the Final Certificate for Payment. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. 6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor shall operate as and shall be a release to the City from all present and future Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with this Contract for anything done or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or 23 I General Conditions for Construction Contracts(lune 12, 2019) connected with the Contract Documents, the Work or the Project, except those Claims or liabilities, if any, for which the Contractor has provided the City with written notice pursuant to and in strict compliance with the "Claims" and notice requirements set forth in the Contract Documents, and containing a detailed reservation of rights that identifies the precise nature of the dispute, all facts in support of Contractor's Claim,the particular scope of Work giving rise to the Claim,and the maximum amount and/or time sought in connection with the Claim. ARTICLE 7. INSPECTION OF WORK; CORRECTION OF NON-CONFORMING OR DEFECTIVE WORK. 7.1. Consultant, City (and its authorized designees), and representatives of any regulatory agencies having jurisdiction'over the Project, shall at all times have access to the Work and the Project Site, and Contractor shall provide proper facilities for such access and for inspecting,measuring and testing.Whenever requested, Contractor shall give the City and any inspectors or representatives appointed by the City free access to its Work during normal working hours either at the Project Site or its shops,factories, or places of business of Contractor and its Subcontractors and suppliers for properly inspecting materials,equipment and Work, and shall furnish them with full information as to the progress of the Work in its various parts. 7.2. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must,if required by Consultant,be uncovered for examination and properly restored at Contractor's expense. 7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator,and if so ordered,the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by meansof a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 7.5. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 7.6. The Contractor shall coordinate all technical inspection and testing provided by professionals designated by the City,the Consultant, permitting authorities,and others.The Contractor shall also schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to the Contract Documents and provide a copy of all inspection and testing reports to the City on the day of inspection or test.The Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is covered up, but in no event less than 24 hours before the Work is covered up. All costs for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the Work is not ready to be inspected shall be at Contractor's sole cost and expense. If any members of the 24 I General Conditions for Construction Contracts(lune 12, 2019) Project team are to observe said inspections, tests or approvals required by the Contract Documents, they shall be notified in writing by the Contractor of the dates and times of the inspections,tests or other approvals. The Contractor shall schedule,direct and/or review the services of or the reports and/or findings of surveyors, environmental consultants and testing and inspection agents engaged by the City. All Materials and Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should be covered up without approval or consent of City's Project Coordinator, or without necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such Work for examination and testing, and shall re-cover same at Contractor's expense. 7.7. Defective or Non-Conforming Work. 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City,Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.7.3. If,within one (1)year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents,or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents,Contractor,after receipt of written notice from City,shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Contractor's warranty obligations hereof and any claim regarding latent defects. 7.7.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 7.8. Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY. • 25 I General Conditions for Construction Contracts(June 12, 2019) 8.1. Contractor shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.1.1. All employees on the work site and other persons who may be affected thereby; 8.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project Site; and 8.1.3. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.2. Contractor 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. City and Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. Contractor shall be responsible for and shall remedy all damage, injury or loss to any property,caused directly or indirectly,in whole or in part,by Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in the Contract Documents. 8.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's Construction Superintendent, unless otherwise designated in writing by Contractor to City. 8.4. Contractor's Responsibility for Damages and Accidents. 8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City,and shall promptly repair any damage done from any cause whatsoever. • 8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost,stolen,damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 8.5. Occupational Health and Safety. 8.5.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: - i. The potential for fire, explosion, corrosion, and reaction; 26 I General Conditions for Construction Contracts(June 12, 2019) ii. The known acute and chronic health effects of risks from exposure, including the medical • conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. c. The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d. The emergency procedure for spills,fire, disposal, and first aid. e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project Site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall,at a minimum, include the following: (1) monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards,and removing screening on fences and signs; (5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away,and removing all non-essential barricades; and (6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 27 I General Conditions for Construction Contracts(June 12, 2019) 8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension,will entitle the Contractor to additional Contract Time as noncompensable, excusable delay,and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. • 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However,City does not guarantee that all lines are shown,or that,the ones indicated are in their true location. As part of the Contract Price, it shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the plans. 8.7.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor(for utilities indicated in the Contract Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved, if indicated in the Contract Documents. No additional payment will be made to the Contractor for utility relocations indicated in the Contract Documents, whether or not said relocation is necessary to avoid conflict with other lines. 8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicts which materially differ from those indicated in the Contract Documents, such utility conflicts(for items not indicated in the Contract Documents) shall be addressed pursuant to the requirements of"Differing Site Conditions" as set forth in Article 10 shall apply. 8.7.4. The Contractor shall reasonably schedule the Work, and the phasing thereof, in such a manner so • that the overall Project Schedule is not impacted and completion of the Work is not delayed by the utility providers relocating or supporting their utilities.The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay,except as provided in Article 10 of the Contract Documents. 8.7.5. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 8.8. Risk of Loss.'The risk of loss to any of the Work and to any goods, materials and equipment provided or to be provided under the Contract Documents, shall remain with the Contractor until Substantial Completion. Should any of the Work, or any such goods, materials and equipment, be destroyed, mutilated, defaced or otherwise damaged prior to the time the risk of loss has shifted to the City,the Contractor shall repair or replace the same at its sole cost.The Performance Bond and Payment 28 General Conditions for Construction Contracts(June 12, 20191 Bond or other security or insurance protection required by the Contract Documents or otherwise provided by the City or the Contractor shall in no way limit the responsibility of the Contractor under this Section. ARTICLE 9. BONDS, INSURANCE AND INDEMNITY, 9.1. Performance Bond and Payment Bond:The Contractor shall,within ten (10)business days of the Contract Date, furnish and deliver to the City a payment bond and a performance bond, in a form to be provided by the City, issued by sureties licensed and authorized to do business in the State of Florida, covering the faithful performance and completion of the Project pursuant to the Contract Documents, including the performance and completion of those services provided by Subcontractors of any tier and covering the payment of all obligations arising hereunder including but not limited to, the payment for all materials used in the performance of the Project in accordance with the Contract Documents,and for all labor and services performed under the Contract Documents (including materials, labor and/or services provided by Subconsultants and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the aforesaid bonds (collectively herein referred to as the"Performance Bond and Payment Bond")shall have a penal amount equal to the Contract Price, unless otherwise approved by the City and to the extent permitted by law. Each bond shall be increased in the amount of any change to the Contract Price. Each bond shall continue in effect for one(1)year after Final Completion of the Work. The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient security for the penalty of said bond,then the City may,on giving thirty(30)days' notice thereof in writing, require the Contractor to furnish a new and/or additional bond(s) in the above amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and as shall be satisfactory to the City. The Contractor shall pay all costs of compliance with this Article as part of the Contract Price. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 9.2. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto,which shall be in accordance with Section 255.05, Florida Statutes. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9.3. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 9.3.1. Each bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. 9.3.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of 29 I General Conditions for Construction Contracts(June 12, 2019) the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City,that such excess risk has been protected in an acceptable manner. 9.3.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City,only if the bid amount does not increase. The following sets forth,in general,the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 9.3.4. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code,and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions,the provisions of this Article shall apply. 9.4. Insurance Requirements. The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue,3rd Floor,Miami, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid Summary(and/or exhibits thereto). 9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 9.4.2. Waiver of Subrogation. Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 30 I General Conditions for Construction Contracts(June 12, 20191 9.4.3. Other Insurance Provisions. a. For any claims related to this project,the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and'volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. b. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. c. If any excavation work is included in the Contract,it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: a. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five(5)years after completion of the contract work. d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. e. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. 9.4.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Article. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these requirements,including limits,based on the nature of the risk, prior experience,insurer, coverage,or other special circumstances. Certificate Holder: 31 I General Conditions for Construction Contracts(June 12, 2019) CITY OF MIAMI BEACH clo PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract Documents. 9.5. Indemnification. 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence, recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. • 9.5.2. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. 9.5.3. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. 9.5.4. Nothing in this Artilce is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. 9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE CONTRACT TIME. • 10.1. Changes in the Work or Terms of Contract Documents. 10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change Order, executed by the Parties hereto,with the same formality and of equal dignity prior to the initiation of any work 32 I General Conditions for Construction Contracts(June 12, 2019) reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 10.2. Field Orders. 10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution,providing the Field Order involves no change in the Contract Price or the Contract Time. 10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions,or interpretations concerning the Contract Documents or its performance,provided such supplemental instructions involve no change in the Contract Price or the Contract Time. 10.3. Change Orders. 10.3.1. Changes in the quantity or character of the Work 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 only be authorized only by Change Orders approved in advance by the City. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. No Change Order shall take effect until Contractor delivers a Consent of Surety increasing the Performance Bond and Payment Bond by the amount of the Change Order. 10.3.2. All Change Orders which exceed the then-remaining amounts available in the Owner's Contingency shall be approved by the City Commission. All other Change Orders, if funded by then-remaining amounts available in the Owner's Contingency, shall be approved in advance by the City Manager or the City Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may elect to present any proposed Change Order to the City Commission for its consideration. 10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing. Within seven (7) business days of Contractor's receipt of such request from the City, Contractor shall provide City with a rough"pencil copy"estimate of the cost and/or time impacts associated with the request. Within twenty-one (21) days of Contractor's receipt of City's initial request, the Contractor shall submit a detailed proposal to the City stating (i) the proposed increase or decrease, if any, in the Cost of the Work which would result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such proposed change, and (iii) supporting data and documentation, including any requested by the City in its change request. 10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a detailed cost breakdown and sufficient substantiating data to permit evaluation by the City. If the Contractor does submit a proposal within the preceding seven (7) business day time period, the City shall, within twenty-one (21) days following its receipt of such proposal, notify the Contractor as to whether the City agrees with such proposal and wishes to accept the Contractor's proposal. If the City agrees with such proposal and wishes to accept the same, the City and the Contractor shall execute a Change Order which at a minimum specifies: i)the detailed scope associated with the change to the Work; ii)the amount of the adjustment in the Contract Price, if any, and (iii)the extent of the adjustment in the Contract Time, if any. In the event the City disagrees with the Contractor's proposal, the City may either(i) notify the Contractor • 331 General Conditions for Construction Contracts(lune 12, 2019) that the City has decided to not proceed with or approve the requested change, or (ii) issue a Change Order as provided below. 10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum (inclusive of all overhead and profit) properly itemized and supported by sufficient substantiating data to permit evaluation by the Consultant and City; b. by unit prices as may be specified in the Contract Documents or subsequently agreed upon; c. by time and materials or"cost of the Work" (as defined herein) and a mutually acceptable fixed or percentage overhead and profit fee for the Contractor. 10.3.6. If none of the methods set forth above are agreed upon,the Contractor,provided it receives a written Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed with the Work involved, subject to Contractor's reservation of rights as to disputed amounts (with such reservation of rights identifying the precise nature of the dispute, the facts in support of the Contractor's position, and the maximum amount and/or time sought by the Contractor). The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change, including a reasonable overhead and profit in accordance with this Article. With respect to any such Change Order Work,the City,with the Consultant,will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written approval by the City.With respect to all Change Orders, Contractor shall keep and present, in such form as the City may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work. 10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price associated with such Work as stated in the Contractor's schedule of prices bid, as set forth in Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Contract Documents, as may be amended by Change Order. If additional unit price work is ordered, then the Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s)of work performed at the appropriate original schedule of prices bid associated with such Work. 10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the Contract Price, by way of a deductive Change Order. 10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the Contract Price, multiplied by the percentage specified for overhead and profit in the Change Order,provided, that the overhead and profit markup or fee shall be as follows: (1) if the Change Order Work involves self-performed Work performed by the Contractor's own forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent (10%) of the net change in the Contract Price;or (2). if the Change Order involves Work performed by Subcontractors or Suppliers, or both, the overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors 34 I General Conditions for Construction Contracts(June 12, 2019) and Suppliers at all tiers shall not exceed ten percent 10% of the net change in the Contract Price, and the Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one half percent(7.5%) of the net change in the Contract Price. For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit fee,as applicable to the Contractor,Subcontractors or Suppliers. 10.4. Value of Change Order Workl"Costs of the Work". The term "cost of the Work"means the sum of: 10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City,such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall include only the following items and shall not include any of the costs itemized in the"cost of work"as defined herein. 10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries andwages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays,shall be included in the above to the extent authorized by City. Contractor's fee shall not exceed ten percent(10%). 10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers'field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work.Contractor's fee for overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent (10%)of the net change in the Contract Price. 10.4.4. Payments made by Contractor to Subcontractors for work-performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine,with the advice of Consultant,which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%). 35 I General Conditions for Construction Contracts(June 12, 20191 10.4.5. Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order involving special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 10.4.6. Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or expenses: a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. e. The cost of utilities, fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls,telephone service at the site, express delivery 'services (FedEx, UPS or couriers, and the like), internet or other telecommunications services, and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because of changes in the Work. 10.4.7. The term"cost of the Work"shall not include any of the following items, as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Any part of Contractor's capital expenses,including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 36 I General Conditions for Construction Contracts(June 12, 2019) d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not compensated by insurance or otherwise,if such losses and expenses are due to infidelity on the part of any employee of Contractor, any Subcontractor or Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or others to whom the property may be entrusted, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. f. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly approved by the City Manager or City Commission by a Change Order. g. Losses and expenses not covered by insurance where the Contractor, or any Subcontractor, failed to obtain and/or maintain in effect the insurance required to be carried by the Contract Documents, or where Contractor, or any Subcontractor or Supplier, failed to obtain and/or maintain such insurance in limits and amounts required by the Contract Documents except to the extent any deductible provided in such required insurance; h. Costs and expenses incurred by Contractor upon breach of its warranties or guaranties; i. Costs associated with the relocation of employees, and any travel costs not expressly permitted by the Contract Documents(including costs for long-distance travel,costs for travel between the Project Site and the Contractor's office(s), and hotel, car rental and airfare costs); j. Any amounts to be paid by the Contractor for federal, state or local income or franchise taxes; k. Labor, material, and equipment costs or any other costs incurred which should be back-charged to any Subcontractor,any Sub-Subcontractor,any direct or lower tier supplier,or any other party for whom the Contractor is responsible; I. Costs or losses resulting from lost,damaged by misuse or stolen tools and equipment; m. Costs of bonding or securing liens or defending claims filed by any Subcontractor of any tier,any Supplier, any direct or lower tier supplier or any other party for whom any of such parties or the Contractor is responsible arising from nonpayment, unless such nonpayment is the result of the City's unexcused or wrongful failure to pay the Contractor undisputed amounts as and when due under the Contract Documents; n. Costs of self-insured losses(e.g., losses within the deductible limits maintained by the Contractor or any direct or indirect subcontractor), costs covered by any insurance carried by Contractor or a direct or lower tier subcontractor, costs which would have been covered by the insurance required to be carried by a Contractor or a direct or lower tier subcontractor under the Contract Documents, and costs which would have been covered by insurance but for failure of the Contractor or direct or lower tier subcontractor to properly submit, process or give notice to the occurrence or claim; 37 I General Conditions for Construction Contracts Uune 12, 2019) o. Costs of employee bonuses and executive bonuses whether or not based in whole or in part on performance related to the Work; p. Costs incurred or paid for recruiting employees (whether to third party recruiters or to employees); q. Severance or similar payments on account of terminated employees; r. Costs incurred after the Contractor's application for final payment; s. Any outside legal fees; t. Costs of materials and equipment stored off-site, except upon the prior written approval of the Contract Administrator in accordance with the Contract Documents. 10.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost,will be the amount of the actual net decrease. When both additions and credits are involved in any one change,the combined overhead and profit shall be figured on the basis of the net increase,if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 10.7. Where the quantity of any item of the Work that is covered by a unit price is increased by more than thirty percent (30%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost,Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. • 10.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 10.8.2. Whenever a Change Order involves Contractor and one or more Subcontractors, and the Change Order increases in the Contract Price, the overhead and profit markups for Contractor and each Subcontractor in accordance with this Article shall be itemized separately. 10.8.3. Each.Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum,or"cost of the work." 10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN EXTENSION OF TIME,SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of 38 I General Conditions for Construction Contracts(June 12, 2019) whether such delay results in an extension of the Contract Time; provided, however,Contractor's hindrances or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the performance of the Work,and then only where such acts continue after Contractor's written notice to the City of such alleged interference. 10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the Work without clear and convincing proof that they were the result of a deliberate act, without any reasonable and good-faith basis, and were specifically intended to disrupt the Contractor's performance of the Work.The City's attempts to facilitate or assist Contractor in performance of the Work shall in no way be construed,interpreted and/or be deemed to constitute willful or intentional interference with the Contractor's performance of the Work. Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it might otherwise have against the City on account of any Excusable Delay and any and all other events that may, from time to time,delay the Contractor in the performance of the Work. Contractor acknowledges and agrees that, except as specified herein, all delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the Parties in entering into this Agreement and that Contractor's pricing of the Work and the determination of the Contract Price shall be expressly based on the Contractor's assumption of the risks thereof,and Contractor hereby waives any and all Claims it might have for any of the foregoing losses, costs, damages and expenses. 10.10. Excusable Delay. Contractor's sole remedy for Excusable Delay is an extension of the Contract Time for each day of critical path delay,but only if the pre-requisites and notice requirements set forth below in this Article 10 have been timely and properly satisfied.An excusable delay is one that(i) directly impacts critical path activity delineated in the Project Schedule and extends the time for completion of the Work; (ii) could not reasonably have been mitigated by Contractor, including by re-sequencing, reallocating or redeploying and/or increasing the amount of its forces to other portions of the Work; and (iii) is caused by circumstances beyond the control and due to no fault of Contractor or its Subcontractors, material persons, Suppliers,or Vendors,including, but not limited to,force majeure events such as fires,floods, labor disputes, epidemics, hurricanes,or similar events beyond the control and due to no fault of the Contractor("Excusable Delay"). If two or more separate events of Excusable Delay are concurrent with each other,Contractor shall only be entitled to an extension of time for each day of such concurrent critical path delay, and Contractor shall not be entitled to double recovery thereon. For illustration purposes only, if two events of Excusable Delay are concurrent for two days, Contractor shall only receive a time extension of a total of two days, and not four days. 10.10.1. Weather. Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to the Contract Documents. These time extensions are justified only when rains or other inclement weather conditions prevent Contractor from productively performing critical path activity delineated in the Project Schedule: (1) Contractor being unable to work at least fifty percent(50%)of the normal workday on critical path activity delineated in the Project Schedule due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on critical path activity delineated in the Project Schedule. 39 I General Conditions for Construction Contracts(lune 12, 20191 10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents,provided,however,that in no event shall Contractor be compensated for(x) interim delays which do not extend the Contract Time, or(y) for Excusable Delay if caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, in which case then Contractor shall be entitled only to a time extension and no further compensation for the Excusable Delay. 10.10.3. Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included within the definition of Excusable Delay as set forth above including any delay which extends the completion of the Work or portion of the Work beyond the time specified in the Project Schedule, including,without limitation, the date for Substantial Completion or Final Completion, and which is caused by the act, fault, inaction or ( omission of the Contractor or any Subcontractor, Supplier or other party for whom the Contractor is responsible; any delay that could have been limited or avoided by Contractor's timely notice to the City of such delay; or any delay in obtaining licenses, permits or inspections caused by the actions or omissions of the Contractor or its Subcontractors,Suppliers or any other party for whom the Contractor is responsible An Unexcusable Delay shall not be cause for,granting an extension of time to complete any Work or any compensation whatsoever, and shall subject the Contractor to damages in accordance with the Contract Documents. In no event shall the Contractor be excused for interim delays which do not extend the Project Schedule, including the date for Substantial Completion or Final Completion. 10.11. Prerequisites and Notice Requirements for Extensions of Time. Except as provided in the Contract Documents with respect to Changes in the Work, an extension of the Contract Time will only be granted by the City under the following circumstances:(a)if a delay occurs as a result of an Excusable Delay, and (b) the Contractor has complied with each of the following requirements below to the reasonable satisfaction of the City: a. Contractor shall provide written notice to the City of any event of delay or potential delay within five (5) days of the commencement of the event giving rise to the request. The Contractor, within ten (10) days of the date upon which the Contractor has knowledge of the delay, shall notify the City,in writing,of the cause of the delay stating the approximate number of days the Contractor expects to be delayed, and must make a request for an extension of time, if applicable, to the City, in writing, within ten (10) days after the cessation of the event causing the delay specifying the number of days the Contractor believes that its activities were in fact delayed by the cause(s)described in its initial notice. b. The Contractor must show to the reasonable satisfaction of the City that the activity claimed to have been delayed was in fact delayed by the stated cause of delay, that the critical path of the Work was materially affected by the delay, that the delay in such activity was not concurrent with any Unexcusable Delay, the delay was not the result of the performance of unit price Work, and that the delay in such activity will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion. c. The initial notice provided by the Contractor under Subsection (a) above shall provide an estimated number of days the Contractor believes it will be delayed,and describe the efforts of the Contractor that have been or are going to be undertaken to overcome or remove the Excusable Delay and to minimize the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable Delay. The mere written notice of an event of delay or potential delay, without all of the aforementioned required information,is insufficient and will not toll the time period in which the Contractor must provide proper written notice under this Article. 40 I General Conditions for Construction Contracts(lune 12, 2019) CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO RECEIPT OF AN EXTENSION OF THE CONTRACT TIME. FAILURE OF THE CONTRACTOR TO COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay,they shall enter into a Change Order documenting the same. If the City and Contractor,cannot resolve a request for time extension made properly and timely under this Section within sixty(60)days following Contractor's initial notice of the events giving rise to the request for a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract Documents. 10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to claim delay due to Excusable Delay,whenever an Excusable Delay shall occur,the Contractor shall use all reasonable efforts to overcome or remove any such Excusable Delay,and shall provide the City with written notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing,whenever there shall be any Excusable Delay,the Contractor shall use all reasonable efforts to adjust the Project scheduling and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent reasonably practicable, any Excusable Delay giving rise to an actual extension in the time for performance of the Work. If there are corresponding costs associated with any of the measures which the Contractor deems necessary or desirable to minimize any adverse effects resulting from any Excusable Delay,the Contractor shall advise the City of such anticipated associated costs and shall not proceed with such measures absent the City's executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to entitle the Contractor to any adjustment in the Contract Price or any other damages, losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undertake any recommendations suggested by the Contractor as a means of minimizing the adverse effects of any Excusable Delay. 10.13. Differing Site Conditions. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project Site which could not have reasonably been identified by Contractor upon prior investigation, and materially differ from those indicated in the Contract Documents,or if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, then Contractor shall promptly notify the City within two (2) business days of the specific materially differing site conditions, before the Contractor disturbs the conditions or performs the affected Work. 10.13.1. Consultant and City shall,within two(2)business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If,in the sole opinion of Consultant,the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with 41 I General Conditions for Construction Contracts(June 12, 2019) • the provisions of Contract Documents. Should Consultant determine that the conditions of the Project Site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. 10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto shall be deemed conclusively waived,if the Contractor has not provided the required written notice within two (2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City thereof, the Contractor shall submit its proposed pricing and/or request for extension of time within ten (10) days after the proposed solution is identified to the differing site condition described in the Contractor's initial notice to the City. 10.13.3. For purposes of this Section, a"materially differing"site condition is one that(1) is not identified in the Contract Documents and is not reasonably inferable therefrom; and (2) could not have reasonably been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior site investigation;and(3)requires a change to the Work that increases Contractor's costs and/or impacts the critical path for completion of the Work. 10.13.4. Where Site Conditions delay the Project,and said delay could have been avoided by reasonable investigations of the Project Site at any time prior to commencement of the Work in question,such delay shall not be considered to be an Excusable Delay beyond the control of the Contractor, and no time extension shall be granted. No request for an equitable adjustment or change to the Contract Time for differing Site Conditions shall be allowed if made after the date certified as the Substantial Completion date. ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES. 11.1 Claims must be initiated by written notice and,unless otherwise specified in the Contract Documents, submitted to the other Party within ten (10)days of the event giving rise to such Claim or within ten (10)days after the claimant reasonably should have recognized the event or condition giving rise to the Claim, whichever is later. Such Claim shall include sufficient information to advise the other party of the circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including, without limitation, the amounts and number of days of delay sought, and the basis of such request. The Claim must include all job records and other documentation supporting entitlement, the amounts and time sought: In the event additional time is sought, the Contractor shall include a time impact analysis to support such Claim. The City shall be entitled to request additional job records or documentation to evaluate the Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-300 et seq.,of the City Code. 11.2 Claims not timely made or otherwise not submitted in strict accordance with the requirements of this Article or other Contract Documents shall be deemed conclusively waived, the satisfaction of which shall be conditions precedent to entitlement. 11.3 Contractor assumes all risks for the following items,none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a 42 I General Conditions for Construction Contracts(June 12, 2019) quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 11.4 Continuing the Work During Disputes. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. Contractor's failure to comply with this Section shall constitute an Event of Default. ARTICLE 12. PERMITS, LICENSES, FEES,TAXES. 12.1 Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2 Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality or Miami-Dade County as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12.3 All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,arrangement,appliance,or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in Construction Documents for said work. 12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. ARTICLE 13.TERMINATION. 13.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Contract,the City may, in its sole discretion,terminate for the City's convenience the performance of Work under this Contract, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the . applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Contract,and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under,this Article: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; 43 i General Conditions for Construction Contracts(June 12, 2019) ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations;` iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials,services,or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City(if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and any property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values,within 30 days of the effective date of termination,unless extended in writing by the City upon request.Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Contract,except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default,the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty- one (21) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: 44 I General Conditions for Construction Contracts(lune 12, 20191 a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Contract and the other Contract Documents; b. Failing,for reasons other than an Excusable Delay,to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower,workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work,except in the event of: 1)the issuance of a stop-work order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Contract for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Failing to provide the City with a Recovery Schedule in accordance with the Contract Documents; k. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; I. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Contract; m. Failing to comply in any material respect with any of the terms of this Contract or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the time for achieving Substantial Completion or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 13.3. Termination of Contract for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined herein, or for any other breach of the Contract or other Contract Documents by the Contractor that the City, in its sole opinion,deems substantial and material,following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth herein, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Contract, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to • the Surety,rendering termination effective immediately, and may take any of the following actions,subject to any prior rights of the Surety: i. Take possession of the Project Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; 45 I General Conditions for Construction Contracts(June 12, 2019) iii. Direct Contractor to transfer title and deliver to the City(1)the fabricated and non-fabricated parts,Work in progress, completed Work, supplies and other material produced or required for the Work terminated;and (2) the completed or partially completed Project records that, if this Contract had been completed,would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause,the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e.CAD,Word, Excel,etc.),any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest. d. All rights and remedies of the City's Termination rights herein shall apply to all Defaults that are non-curable in nature,or that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. 13.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement (including,without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or(ii) in the alternative, the City may take over and complete the Work of the Project,or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting losses under the Performance and Payment Bond including,without limitation, accounting,engineering,and legal fees,together with any and all costs incurred in connection with renegotiation of the Contract. 13.5. Costs and Expenses. a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the 46 I General Conditions for Construction Contracts Uune 12, 2019) costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Contract, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Contract for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Contract, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained herein. The Contractor shall have no further recourse of any nature for wrongful termination. 13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Contract is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies,existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article at any time shall not constitute a waiver of such rights and remedies. 13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required by the Contract Documents,and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is withholding such payment pursuant to any provision of this Contract which entitles the City to so withhold such payment,the Contractor shall have the right upon the expiration of the aforesaid ninety(90)day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination,Contractor shall not be obligated to recommence the Work until such time as the City shall have made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. No act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. 47 I General Conditions for Construction Contracts(June 12, 20191 ARTICLE 14. MISCELLANEOUS. 14.1. Separate Contracts. 14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's own forces,to award separate contracts to other contractors or subcontractors,and to permit third parties to perform construction or operations in connection with other portions of the Project or other construction or operations on the Project Site or adjacent to the Project Site. City reserves the right to let other contracts in connection with this Project.Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 14.1.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as • to defects which may develop in other contractor's work after the execution of Contractor's Work. 14.1.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractors,including the City's own forces, on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. Coordination with other contractors shall not be grounds for an extension of time or any adjustment in the Contract Price. Contractor agrees that its pricing of the Work and the determination of the Contract Price were expressly based upon the Contractor's assumption of the foregoing cost risks 14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to integrate the work to be performed by the City or by the other contractors with the performance of the Work, and shall submit such plan to the City for approval.The Contractor shall arrange the performance of the Work so that the Work and the work of the City and the other contractors are, to the extent applicable, properly integrated,joined in an acceptable manner and performed in the proper sequence, so that any disruption or damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 14.2. Lands for Work. 14.2.1. City shall,provide, as maybe indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 14.2.2. Contractor shall provide,at Contractor's own expense and without liability to City,any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 48 l General Conditions for Construction Contracts(June 12, 2019) 14.3. Assignment. Neither the City nor the Contractor shall assign its interest in this Contract without the written consent of the other, except as to the assignment of proceeds. Notwithstanding the foregoing, City may assign its interest in this Contract or any portion thereof to any local or state governmental body,special taxing district,or any person authorized by law to construct or own the Project. Such assignee shall be bound to comply with the terms of this Contract. 14.4. Rights of Various Interests. Whenever work being done by City's forces or by separate contractors is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract Documents, , 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. 14.5. Legal Restrictions and Traffic Provisions. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water,without the prior written consent of the proper authorities. 14.6. Value Engineering. Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change _ Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution,Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved,the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 14.7. No Interest.Any monies not paid by City when claimed to be due to Contractor under this Contract, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However,the provisions of City's prompt payment ordinance,as such relates to timeliness of payment,and the provisions of Section 218.74(4),Florida Statutes as such relates to the payment of interest,shall apply to valid and proper invoices. 14.8. Project Sign. Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines. 14.9. Availability of Project Site; Removal of Equipment. 14.9.1. Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage of equipment or materials, lay-down facilities, pre-cast material fabrication, batch plants for the production of asphalt, concrete or other construction-related materials, or other similar activities, shall require advance written approval by the Contract Administrator. The City may,at any time, in its sole and absolute discretion, 49 I General Conditions for Construction Contracts(June 12, 2019) revoke or rescind such approval for any reason. Upon notice of such rescission, Contractor shall, within twenty-four (24) hours, remove and relocate any such materials and equipment to a suitable, approved location. Notwithstanding any other provision in the Contract Documents to the contrary, the conditions or requirements of right-of-way permits established by the authorities having jurisdiction including, without limitation any regulatory authorities of the City, shall take precedence over any provision in the Contract Documents that may provide any right whatsoever to use of the Project Site for staging, material and equipment storage, lay-down or other similar activities. 14.9.2. In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 14.10. Nondiscrimination. In connection with the performance of the Services, the Contractor shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race, color, national origin,sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code,as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,ancestry,height,weight,domestic partner status,labor organization membership,familial situation, or political affiliation. 14.11. Project Records. City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three(3)year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 14.12. Performance Evaluations.An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 14.13. Public Entity Crimes. In accordance with the Public 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,for category two purchases fora period of 36 months from the date of being placed 50 I General Conditions for Construction Contracts Uune 12, 20191 on the convicted vendor list. Violation of this Section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to perform or to assist in performing the Work. 14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against,either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 14.16. Severability. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract.An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 51 I General Conditions for Construction Contracts(June 12, 2019)