Loading...
Contract with Lambert Bros C2B -Lq -ZoZcj --TB, 2 0 2c) I l o-,' / CONTRACT n�.. ," THIS CONTRACT ("Contract") is made and entered into as of the 7,r) day of ( �1 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City")and LAMBERT BROS ., (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-2020-120-AY FOR 77TH STREET BRIDGE OVER E. BISCAYNE POINT CANAL REPAIRS 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 four hundred twenty three thousand & seven hundred thirty nine & eighty cents ($423,739.80) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid . $385,218.00 Total Owner's Contingency $ 38,521.80 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-2020-120-AY-For 77"'Street Bridge Over E. Biscayne Point Canal Repairs 1 For City: City of Miami Beach Public Works Engineering Department 1700 Convention Center Drive 41h Floor Miami Beach, FL. 33139 Phone: 305-673-7080 Ext.26110 Attn: Aaron Osborne-Civil Engineer I Email: AaronosborneAmiamibeachfi.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Lambert Bros, Inc. 5501 North Powerline Road Ft, Lauderdale, FL. 33309 Phone: 954-491-9380 Attn: Gregg Lambert Email: GL(7a,Lambertbros.net ITB-2020-120-AY-For 77h Street Bridge Over E. Biscayne Point Canal Repairs 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 le qtZs� By: -.�_._._ __ R ael E. Granado, Ci Clerk Mayor _--PMt. E9c,, [seal] =_ • y INCORPORATED,' ATTEST: '",;;,7, ....,--...,:.&°).:,'' �' LAMBERT BROS INC. 5, 2 i By: kit--- —"---' By: �.�'_`f Name: �� L'('yfj2�'Yr Name: {'17 La int 4 r [seal] APPROVED AS TO FORM Si LANGUAGE S FOR EXECUTION ' ' '4 'iOkt\P—'1 A11202-0 ?Moll/Anon y " Date ti ITB-2020-120-AY-For 779"Street Bridge Over E.Biscayne Point Canal Ropairs 3 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(June 12, 20191 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(June 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 are 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(lune 12, 2019) 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 Dune 12, 20191 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 Uune 12, 20191 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 jurisdiction and 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-a-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 tune 12, 20191 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, 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(June 1 2, 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 ANDIOR 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 1 2 I General Conditions for Construction Contracts(June 12, 2019) 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 to 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 by 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 used solely 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(June 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) 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 City for Tests. Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by 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(June 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 Uune 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 for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 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, 20191 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 Uune 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 I 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 Uune 1 2, 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(June 12, 2019) 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 instruttions 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(June 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 means of 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(June 12, 20191 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 Uune 1 2, 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 1 2, 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 I General Conditions for Construction Contracts Uune 12, 2019) 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 Uune 1 2, 20191 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, 2019) 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 1 2, 2019) CITY OF MIAMI BEACH do 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 Uune 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 33 I General Conditions for Construction Contracts(June 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 Uune 1 2, 20191 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 and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 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 Uune 12, 2019) 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, 20191 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 uune 12, 2019) 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 uune 12, 20191 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 Uune 1 2, 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(June 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, 2019) 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 may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 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 I General Conditions for Construction Contracts dune 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 for a period of 36 months from the date of being placed 50 I General Conditions for Construction Contracts(June 1 2, 2019) 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) MIAM!BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (October 1, 2019) 1.GENERAL DISCLAIMERS. a.The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City.In its sole discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Bids in response to this solicitation. b.The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk.Bidders should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration,negotiation, or approval. c.Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website:httos:llwww.miamibeachfl.aov/city-hall/procurement/procurement-related-ordinance-and-procedures/ •CONE OF SILENCE—SECTION 2-486 •PROTEST PROCEDURES—CODE SECTION 2-371 •DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3 •LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2-481 THROUGH 2-406 •CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 'CAMPAIGN CONTRIBUTIONS —SECTION 2-488 'EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373 •LIVING WAGE REQUIREMENT—SECTIONS 2-407 THROUGH 2-410 •FALSE CLAIMS ORDINANCE—SECTION 70-300 •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit a bid on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their responses,in the event of such non-compliance. 4.DEBARMENT ORDINANCE:This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their responses,in the event of such non-compliance. 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379,the bidder shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five(5)days upon receipt of request.The Code shall,at a minimum, require the bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 7.AMERICANS WITH DISABILITIES ACT(ADAI.Call 305-673-7490 to request material in accessible format sign language interpreters(five (5)days in advance when possible),or information on access for persons with disabilities.For more information on ADA compliance,please call the Public Works Department,at 305-673-7000,Extension 2984. 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will 1 Solicitation Terms and Conditions—Services(October 1, 2019) • AMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (October 1, 2019) make a reasonable effort to give at least three(3)calendar days written notice of any such postponement to all prospective bidders through BidSync. 9. PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 10.JOINT VENTURES 1 SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.Bids shall be submitted only by the prime contractor.Bids may,however,identify other sub-contractors or sub-consultants to the prime Bidder who may serve as team members. 11.VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section 2-374,the City shall give a preference to a responsive and responsible Bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent(5%)of the lowest responsive,responsible bidder,by providing such bidder an opportunity of providing said contractual services for the lowest responsive bid amount(or in this solicitation,the highest bid amount).Whenever,as a result of the foregoing preference,the adjusted prices of two(2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an solicitation or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the award shall be made to the service- disabled veteran business enterprise. 12.AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this solicitation;postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation, or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty(120)calendar days after Bid opening date. In accordance with Section 47 below,a bidder may withdraw its bid after expiration of one hundred twenty(120)calendar days from the date of bid opening,by delivering written notice of withdrawal to the Procurement Department. 13.COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the bidder,and shall not be reimbursed by the City. 14.OCCUPATIONAL HEALTH AND SAFETY.The bidder warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 15.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 16.MISTAKES.Bidders are expected to examine the terms,conditions,specifications,delivery schedules,proposed pricing,and all instructions pertaining to the services relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive. 17. PAYMENT. Payment will be made by the City after the services have been received, inspected, and found to comply with contract specifications,free of damage or defect,and are properly invoiced. 18. PATENTS & ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors,and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted,patented,or unpatented invention,process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach, Florida. If the bidder uses any design,device or materials covered by letters,patent,or copyright,it is mutually understood and agreed,without exception,that the Bid prices shall indude all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 19.DEFAULT.Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a bid response before such award is made and approved,may result in a claim for damages by the City,and may be grounds for removing the Bidder from the City's vendor list. 20. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County,and Federal laws,rules,regulations and codes.Lack of knowledge or ignorance by the bidder with/of applicable 2 I Solicitation Terms and Conditions—Services(October 1, 2019) MdAMI E o. SOLICITATION TERMS AND CONDIT ONS - SERVICES (October 1, 2019) laws will in no way be a cause for relief from responsibility.Bidder agrees that the work and services provided shall be provided by employees that are educated,trained,experienced,certified,and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation,certification,authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidder further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 21.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 22.NON-DISCRIMINATION.The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202,Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. In accordance with the City's Human Rights Ordinance,codified in Chapter 62 of the City Code, bidder shall prohibit discrimination by reason of race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,disability,marital and familial status,age,ancestry,height,weight,domestic partner status,labor organization membership,familial situation,and political affiliation. 23.DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods as described in this solicitation. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time,and have sufficient financial capacity, equipment,and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms"equipment and organization",as used herein shall,be construed to mean a fully-equipped and well-established company in line with the best business practices in the industry,and as determined by the City. E. The City may consider any evidence available regarding the financial,technical,and other qualifications and abilities of a bidder,including past performance(experience),in making an award that is in the best interest of the City. F. The City may require bidder to show proof that it has been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances,the City may also require material information from the source of supply regarding the quality,packaging,and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may,during the period that the contract between the City and the successful bidder is in force,review the successful bidder's record of performance to ensure that the bidder is continuing to comply with contractual obligations as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City,the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 24.ASSIGNMENT.The successful Bidder shall not assign,transfer,convey,sublet or otherwise dispose of the contract,including any or all of its right,title or interest therein,or his/her or its power to execute such contract,to any person,company or corporation,without the prior written consent of the City. 25.LAWS,PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with all applicable laws. 26. OPTIONAL CONTRACT USAGE. When the successful Bidder is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 27. VOLUME OF WORK.To the extent applicable, it is the intent of the City to purchase the services specifically listed in this solicitation. However,the City reserves the right to purchase any services awarded from State or other governmental contracts,or on an as-needed basis through the City's spot market purchase provisions. 28.DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation;then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The bidder's bid in response to the solicitation. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 29.INDEMNIFICATION.The Bidder shall indemnify and hold harmless the City and its officers,employees,agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,which the City or its officers,employees, agents or 3 I Solicitation Terms and Conditions—Services(October 1, 2019) MIAM BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (October 1, 2019) instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the Bidder or its employees,agents,servants,partners,principals or subcontractors. The Bidder shall pay all claims and losses in connection therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may be incurred thereon. The Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the Bidder shall in no way limit the responsibility to indemnify,keep and save harmless and defend the City or its officers, employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 30. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including, without limitation, any and all information and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes,and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the bids, whichever is earlier.Additionally,Bidder agrees to be in full compliance with Florida Statute 119.0701 including,but not limited to,agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 31.OBSERVANCE OF LAWS.Bidders are expected to be familiar with,and comply with,all Federal,State,County,and City laws,ordinances, codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,in any manner,may affect the scope of services and/or project contemplated by this solicitation(including,without limitation,the Americans with Disabilities Act,Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Bidder will in no way relieve it from responsibility for compliance. 32.CONFLICT OF INTEREST.All bidders must disclose,in their Bid,the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all bidders must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the bidder entity or any of its affiliates. 33_MODIFICATIONIWITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered.Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date,or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the Bid due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. 34.EXCEPTIONS TO SOLICITATION.Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid,may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one(1)or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office,in writing,at least five(5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 35.ACCEPTANCE OF GIFTS,FAVORS,SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value to any official, employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 36.SUPPLEMENTAL INFORMATION.City reserves the right to request supplemental information from bidders at any time during the solicitation process,unless otherwise noted herein. Balance of Page Intentionally Left Blank 4 I Solicitation Terms and Conditions—Services(October 1, 2019) ATTACHMENT A COMMISSION AWARD MEMO 7/27/2020 Coversheet Competitive Bid Reports-C2 B MAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29, 2020 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)2020-120-AY FOR 77TH STREET BRIDGE OVER EAST BISCAYNE POINT CANAL REPAIRS. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to bids received, pursuant to Invitation to Bid (ITB)2020-120-AY,for 77th Street Bridge over E Biscayne Point Canal Repairs. BACKGROUND/HISTORY The purpose of this bid is to establish a contract, by means of sealed bids, to repair and improve the 77th street bridge over east Biscayne Point. The major items of construction include: repairing cracks, spalls, and delamination of concrete. Also, repairs include expansion joint replacement,rebar placement,and installation of pile jackets. ANALYSIS The ITB was issued on March 6, 2020, with bid opening date of May 15, 2020. The Procurement Department issued bid notices to 14,560 companies utilizing www.bidsync.com website.59 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of eight (8)responses from:A&P Contracting, Co. Inc. ("A&P"), Kiewit Infrastructure South Co. ("Kiewit"), Lambert Bros ("Lambert Bros"), MJ Construction Company of Pinellas County, Inc ("MJ"), One Source Restoration & Building Services, Inc ("One Source"), Premier Corrosion Protection Services, Inc. ("Premier"), Proshot Concrete, Inc. ("Proshot"), and Southern Road & Bridge, LLC ("Southern").A tabulation of the bids received is included as Attachment A. The ITB stated that the lowest responsive,responsible bidder meeting all terms,conditions,and specifications of the ITB will be recommended for award. In its due diligence, the Procurement and Public Works departments verified that the lowest responsive bid submitted by Lambert Bros met the requirements of the ITB,including: 1. Bid Bond: 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). Lambert Bros 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. Lambert Bros is State certified as a General Contractor. State license number is: CGC1504682 and expires on August 31, 2020. Furthermore, City staff verified that Lambert Bros complied with the submittal requirements of the ITB which include the previous experience of the firm,as detailed below. 3. Previous Experience (Firm)_ Bidders must have two (2) projects, successfully completed or near completion, of similar scope and budget within the last ten (10)years. Similar scope shall be defined as construction of bridge repairs. Lambert Bros submitted the following project as evidence of compliance with the minimum requirement. -Title:William Powell Bridge Rehabilitation (WIP) Owner: Miami Dade County Date of Completion: Estimated January, 2020 Contract Price:$3,960,979.90 Project Manager/Superintendent: Greg Lambert Description: Replace expansion joints, restore concrete spall areas, crack injection, Replace Fender System and Navigation Lights https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=17732&MeetinglD=771 1/2 7/27/2020 Coversheet -Title: S-5A Station Owner: South Florida Water Management District Date of Completion: January, 2015 Contract Price: $2,697,190.00 Project Manager/Superintendent: Greg Lambert Description: Project includes, but is not limited to hardening and service bridge repairs, dewatering, building updates, new bridge deck,and lead abatement. 4. Previous Experience (Project Manager/Superintendent): Project Manager/Superintendent must have two (2) projects, successfully completed or near completion, of similar scope and budget within the last ten (10)years. Similar scope shall be defined as construction of bridge repairs. Lambert Bros submitted the following project as evidence of compliance with the minimum requirement. -Title:William Powell Bridge Rehabilitation (WIP) Owner: Miami Dade County Date of Completion: Estimated January, 2020 Contract Price:$3,960,979.90 Project Manager/Superintendent: Greg Lambert Description: Replace expansion joints, restore concrete spall areas, crack injection, Replace Fender System and Navigation Lights -Title:S-5A Station Owner:South Florida Water Management District Date of Completion:January,2015 Contract Price: $2,697,190.00 Project Manager/Superintendent: Greg Lambert Description: Project includes, but is not limited to hardening and service bridge repairs, dewatering, building updates, new bridge deck, and lead abatement. The firm submitted additional project references which have been verified.The firm has not previously completed work for the City, but all references provided, including Florida Dept. of Environmental Protection and Miami Dade County provided positive feedback. Accordingly, Lambert Bros has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. Below is a brief summary of the firm. FINANCIAL INFORMATION Project Cost(Lump Sum Grand Total): $385,218.00 10%Owner's Contingency: $38,521.80 Total: $423,739.80 Account(s) 302-0815- Amount(s) $423,739.80 069357-29- 410-522-00- 00-00-22920 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Lambert Bros,the lowest responsive, responsible bidder to the ITB 2020-120-AY,for 77th Street Bridge over E Biscayne Point Canal Repairs; and further authorize the City Manager and City Clerk to execute a contract. Applicable Area Middle Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works/Procurement ATTACHMENTS: Description ❑ Attachment A https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=177328MeetinglD=771 2/2 ATTACHMENT A BID TABULATION ITB 2020-120-AY Kiewit Infrastructure Company of Restoration& Protection Proshot Concrete, Southern Road& Bid Price A&P Contracting South Co. Lambert Bros.Inc* Pinellas County, Building Services. Services(USA). Inc. Bridge.LLC Description Total l 41-., Grand Total $ 498,793.00 S 707.301 00 S 385 2,8 0C S 468 118 00 S 645.256 00 S 460 450.00 S 416.328 00—S 577 S16 CO Footnote *denotes recommended bidder ATTACHMENT B ADDENDA AND ITB SOLICITATION AAI AM M ( B E AC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 5 INVITATION TO BID NO. 2020-120-AY 77TH STREET BRIDGE OVER E BISCAYNE POINT CANAL REPAIRS May 12, 2020 This Addendum to the above-referenced 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). I. REVISIONS.Section 0300:Tab 2: Bid Forms has been revised as follows: TAB 2: BID PRICE FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form. (APPENDIX A, Form Al). 2. Bid Bond.A copy of the Bid Bond must be uploaded and submitted through BidSync. In addition, the original must be mailed to the address below. Failure to submit the original within seven (7)days of bid opening shall result in bid submittal being deemed not responsive and not being further considered. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139- 1st Floor FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE FORM, FORM Al (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM)AND 2) BID BOND WITH ITS BID SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Since — , iliP litil A ex Denis Procuremirector 1 ADDENDUM NO.5 INVITATION TO BID NO 2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 4 INVITATION TO BID NO. 2020-120-AY 77TH STREET BRIDGE OVER E BISCAYNE POINT CANAL REPAIRS May 1, 2020 This Addendum to the above-referenced 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). IMPORTANT NOTICE The City of Miami Beach in order to comply with the Center for Disease Control(CDC)requirements, pursuant to COVID 19, will until further notice, only accept electronic bid submittals. A replacement Invitation to Bid for 77th Street Bridge Over E Biscayne Point Canal Repairs will be posted to Bidsync.com for electronic submission only,the replacement ITB number shall remain the same, ITB No. 2020-120-AY. Therefore,this Invitation To Bid (hard copy submittal)shall be cancelled in its entirety effective May 5,2020 at 3:00pm and reposted as an electronic bid submittal on May 5,2020 at 3:00pm. Please be reminded proposers that have obtained this solicitation in any manner other than via BidSync (www.bidsync.com)are advised that the City utilizes BidSync(www.bidsync.com)for automatic notification of competitive solicitation opportunities and document fulfillment,including the issuance of any addendum to this solicitation.Any bidder who has received this solicitation by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to the replacement solicitation. Failure to receive an addendum may result in disqualification of proposal submitted. I. REVISIONS ITB DUE DATE AND TIME.The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, May 15, 2020. PUBLIC BID OPENING WILL BE VIA CONFERENCE ONLY Dial-in Instructions: •Dial the Telephone Number: 1-786-636-1480 •Enter the Conference ID No.:623 957 789# Late bids cannot be submitted, bidders are cautioned to plan sufficiently. Bidders are solely responsible for any delays. THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. Section 0300: Tab D: Bid Forms has been revised as follows: Submit any other form requested on the ITB Summary, including but not limited to: 1. Schedule of Value Form, Appendix A, Form A2. 2.Acknowledgment of Addenda, Appendix B, Form B3. 3. Appendix A Contractor Qualification Form 4. Appendix C Pre-Award Form(s) 5. Appendix I Federal Forms (Pre Award} ADDENDUM N0.4 f INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov FURTHER D,vER CONSIDERED II. ATTACHMENTS Exhibit A: Revised Schedule of Values Form(A2) Ill. RESPONSES TO QUESTIONS RECEIVED Q1: Please confirm if the bid is to be submitted physically per the RFP or via Bidsync due to the current COVID- 19 situation? Al: Please refer to notice section above. Q2: The RFP appears to indicate that the Contractor Qualification Form should be uploaded to both Appendix A and Appendix D. Please clarify? A2:Appendix A. Q3: On the bidders instruction list, it mentions a Contract Completion Schedule. Is this required for bidding purposes or is it required only if we are awarded the bid? A3: Contract Completion Schedule will be required when awarded the bid. Q4: Is an organization chart needed to bid? A4: Please see Section 0300 for Submittal Format&Instructions. Q5: Is a staffing plan needed to bid? A5: See response A4. Q6: The bid package is to be in a 3 ring binder? A6: Please refer to Notice section above. Q7: What are the work hours? Al:All work is to occur during the non-peak hours of 9:00 AM to 4:00 PM Monday thru Friday. Q8: Is there a staging area for this project? A8: There will be a limited space staging area just west of the construction site were S. Biscayne Point Rd and Daytonia Rd merges. If this site is used for staging, it must be restored to its original condition at the substantial completion of the project and should include: - Alleviation of all soil compaction. 2 ADDENDUM NO.4 INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I /\f\/\ IEAC PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach.Florida 33139 www.miamibeachfl.gov - Regrading of the soil to remove ruts, etc. - Repair of all irrigation breaks (main line, lateral lines, heads, etc). - Replacement of damaged sod (St. Augustine). - Replacement of any damaged shrubbery (Florida Grade #1, size to be determined by Greenspace staff). - Installation of a tree protection barrier to protect any existing treeslpalms. - Trees and plantings are not allowed to be replaced. Additional permits may be required from the Urban Forestry Division. 09: Will parking be available? A9: No, contractor will be responsible for securing parking. Q10: If lane closures are required, who do we contact? A10: Otniel Rodriguez, Right of Way Manager, with the Public Works Department Engineering Division. Q11: For the duration of construction, would we be able to place certain equipment on the bridge? designate one area of sidewalk for it? All:Yes, however these will be limited to non-heavy load equipment.Accepted equipment may be placed on the bridge within the closed portion during construction hours only. 012: Under the bridge, how is navigation and safety addressed? Will Coast guard need to be notified for navigation purposes? Al2: Navigation and safety will be addressed in the following: 1)Coordinate with the City to inform all stakeholders of the closure 2 weeks in advanced. 2)Any in-water activity will need to be coordinated with the Coast Guard. 3) Notification to the Coast Guard is required 30 days prior to placing any equipment in or on the waterway which may impact navigation in the vicinity of the project. 013: Will there be a need of turbidity barriers? A13: Per the plans, Pollution Prevention measures shall be submitted for review and approval and must conform with current FDOT Erosion and Sediment Control Manual. As per the plans and FDOT manual, turbidity barriers are required. However,the turbidity barrier does not need to span across the entire channel. The turbidity barriers are to be placed immediately around the area of work. In addition, double curtains should be utilized. 014: Who will be doing the 3rd party inspections?who would justify? A14: BCC Engineering will be performing third party inspections. Christian Aquino of BCC Engineering and Aaron Osborne of City of Miami Beach Public Works Department, will be ADDENDUM NO.4 INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I /\/\/\ I B Ei PROCUREMENT DEPARTMENT ! (`.-�' 1755 Meridian Avenue,31d Floor Miami Beach,Florida 33139 www.miamibeachfl.gov justifying the inspections. Q15: Will it be permissible to work on two piles per bent at the same time, provided they are not both under the same travel lane? A15: Two piles within the same bent may be worked on concurrently as long as they are not immediately adjacent to each other and are within the closed lane. 016: Will it be permissible to work on one of the end piles (under the sidewalk) concurrently with another pile on the same bent? A16: Two piles within the same bent may be worked on concurrently as long as they are not immediately adjacent to each other and are within the closed lane. Q17: Would a 1 pile, 1 pile, 2 piles, 2 piles repair sequence per bent be permissible considering the increased post-repair capacity of the first two piles in sequence? A17: Two piles within the same bent may be worked on concurrently as long as they are not immediately adjacent to each other and are within the closed lane. Q18: Will it be permissible to work on multiple piles per bent concurrently if the piles do not currently exhibit cracking or spalling? A18: Two piles within the same bent may be worked on concurrently as long as they are not immediately adjacent to each other and have are the closed lane. Q19: If a high early strength repair material is used, is it permissible to reduce the 7-day specified cure time between pile repairs? If so,what PSI must the repair material achieve before formwork stripping is permitted? A19: Yes, it is permissible to reduce the 7-day cure time to a 3-day cure time as long as the concrete achieves minimum design strength specified in the contract documents. 020: Specifications reference dewatering the column form prior to material placement. Will it be acceptable to use an anti-washout admixture with the jacket fill material and accomplish dewatering by displacement of the water with the heavier concrete material during placement? A20: No, forms need to be sealed, dewatered, and dry (free of water) prior to concrete placement. Q20: Is it permissible to perform non-pile jacket substructure repairs concurrently with the pile jacket installation work? A21: Repairs to the bents cannot occur until pile jacket repairs within the same bent are ADDENDUM NO.4 INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov completed. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, /10.: F R lex D-410 Procure ent Director 5 ADDENDUM NO.4 INVITATION TO BID NO.2020-120-AY 77"'Street Bridge over E Biscayne Point Canal Repairs M I AM I B [1\ ] PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT A: REVISED SCHEDULE OF VALUES FORM (A2) ADDENDUM NO.4 INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I A t I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Total Item Description Quantity U I M Unit Cost (Quantity_X_Unit_Cost) 1 Maintenance of Traffic(MOT) 1 LS $ $ 2 Mobilization 1 LS $ $ 3 Floating Turbidity Barrier 400 LF $ $ 4 _ Spall Repair 80 CF $ . $ Expansion Joint Rehabilitation-Clean,Seal, 5 Replace-Poured Joint w/Backer Rod 87 LF $ $ 6 Crack Injection _ 420 LF $ , $ 7 , Pile Jacket 323 CF $ , $ Cleaning and Coating Concrete Surface, 8 Class 5 682 SF $ $ Cleaning and Sealing Concrete Surface- 9 Methacrylates 924 SF $ $ 10 Methacrylates Monomer 10 GAL $ $ 11 Epoxy Material for Crack Injection 5 GAL $ $ 12 Ob'ect Markers T •e 3 4 EA $ $ TOTAL $ ADDENDUM N0.4 1 INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 INVITATION TO BID NO. 2020-120-AY 77TH STREET BRIDGE OVER E BISCAYNE POINT CANAL REPAIRS April 17,2020 This Addendum to the above-referenced 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). I. REVISIONS 1. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, May 6,2020. City of Miami Beach Procurement Department 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted.Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, // A ex Denis Procurement Director KBIAY �, v ADDENDUM NO.3 INVITATION TO BID NO.2020-120-AY 776 Street Bridge over E Biscayne Point Canal Repairs M I AA /�V, I [�DE�C � PROCUREMENT DEPARTMENT L 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 INVITATION TO BID NO. 2020-120-AY 77TH STREET BRIDGE OVER E BISCAYNE POINT CANAL REPAIRS March 27, 2020 This Addendum to the above-referenced 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). I. REVISIONS 1. ITB DUE DATE AND TIME.The deadline for the receipt of bids is extended until 3:00 p.m.,on Tuesday,April 21,2020. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted.Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. 2. Pre-Bid Conference: CONFERENCE CALL ONLY Date: April 7, 2020 Time: 10:00 AM Location: Dial-in Instructions: •Dial the Telephone Number: 1-877-873-8018 •Enter the Meeting Number: 6312925 and then press the pound(#) key II. RESPONSES TO QUESTIONS RECEIVED Q1: Will there be a site visit scheduled? Al: The site visit has been postponed until further notice. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. • e -ly, ex De/ Procurement Director ADDENDUM N0.2 .,.. _... x I INVITATION TO BID NO.2020-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs M I ANI I B EAC F PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO.2020-120-AY 77TH STREET BRIDGE OVER E BISCAYNE POINT CANAL REPAIRS March 13,2020 This Addendum to the above-referenced 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). I. REVISIONS 1. Site Visit: Date: March 19,2020 Time: 9:30 AM 2. Pre-Bid Conference: nate: ---Marst�49r2020 Time: IMMEDIATELY FOLLOWING SITE VISIT BELOW Locatio --Prssscerr t-Department Miami Beach,FL 33139 •. :1 •. . • ! tt • . •'• • . PLEASE BE ADVISED THE CITY IS POSTPONING THE SITE VISIT AND PRE-BID CONFERENCE DUE TO THE CURRENT EVENTS UNTIL FURTHER NOTICE. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov I Contact: Telephone: Email: I Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposer are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that h +. elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bi .er •,restionnaire with the reason(s)for not submitting a proposal. Sin .r- CON A - 11- A . rocure Director 1 ADDENDUM NO.1 INVITATION TO BID NO.2C20-120-AY 77th Street Bridge over E Biscayne Point Canal Repairs 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 ( ). 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.: 77th Street Bridge over E Biscayne Point Canal Repairs ITB Title: 2020-120-AY Date of Issuance: March 6, 2020 Project Description& Scope of Work: 77th Street Bridge over E.Biscayne Point Canal is located between Hawthorne and Noremac Avenues within Biscayne Point neighborhood.According to the recent Florida Department of Transportation(FDOT)Bridge Inspection Reports from the years of 2010 to 2018,this bridge has consistently received a sufficiency rating of 45.1. Due to the rating being below FDOT recommended minimum of 70, the improvements are proposed to bring the bridge into compliance. The services of this project include improvements to both the superstructure and the substructure of the bridge. Elements of the bridge affected by the repairs are identified in the plans and specifications. The major items of construction include: repairing cracks, spalls, and delamination of concrete. Also, it includes an expansion joint replacement, rebar placement,and installation of pile jackets. Specifications are further detailed in Appendix E. Project Location: 77th Street between Hawthorne&Noremac Avenues, Miami Beach, Florida 33139 Estimated Budget: $650,000.00 Procurement Contact: Name:Arju Yudasto Telephone:305-673-7490 ext.26695 Email: arimdasto(@,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 rafaelqranadomiamibeachfl.qov. 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 April 7,2020 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: March 19,2020 Time: IMMEDIATELY FOLLOWING SITE VISIT BELOW Z Pre-Bid Conference will Location: Procurement Department be held. 3rd Floor,Conference Room 1755 Meridian Avenue ❑ Pre-Bid Conference is Miami Beach,FL 33139 Mandatory. Dial-in Instructions: ❑ A Pre-Bid Conference • Dial the Telephone Number: 1-877-873-8018 will not be held. • Enter the Meeting Number:6312925 and then press the pound(#)key Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. Site Visit: Date: March 19,2020 Time: 9:30 AM Site Visit will be held. Location: 1632 Meridian Avenue, Miami Beach,FL 33139 ❑ Site Visit is Mandatory. ❑ Site Visit will not be held. Last Day for Receipt of March 26,2020 by 5:00 PM ET Questions: Questions will be allowed up to 10 days before the initial deadline for submittal of Bids. Questions must be directed to arjuyudasto(a�miamibeachfl.gov,with a copy to the City Clerk rafaelqranado a(�,miamibeachfl.gov. Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. Project Specific Information&Requirements Minimum Requirements: Bids from bidders that do 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 Experience of Bidder (Firm). Bidders must have two (2) projects, successfully completed or near completion, of similar scope and budget within the last ten(10)years. Similar scope shall be defined as construction of bridge repairs. Submittal Requirement:For each project,submit:1)Owner Name,2)Contact Name, Telephone&Email,3)Project Address,4)Narrative on Scope of Services Provided, , 5)Contract amount and completion date. Conintued on the following page. 3. Bidder's Project Manager and Superintendent. Project Manager/Superintendent must have two (2) projects, successfully completed or near completion, of similar scope and budget within the last ten (10) years. Similar scope shall be defined as construction of bridge repairs. Submittal Requirement: For each project, submit: 1) Contact Name, Telephone & Email,3)Project Address,4)Narrative on Scope of Services Provided, ,5)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. Failure to include the bid bond WITH THE BID shall result in the bid being deemed non- res•onsive and not bein• 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 ❑ 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. Insurance: If the requirement applies, Bidder agrees it shall fully comply with the following insurance requirements: ® Shall apply. A. Workers'Compensation Insurance for all employees of the Contractor as ❑ Shall not apply. required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract.The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. 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$5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. 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$2,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance with limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. E. 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.) F. 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. G. Contractors' Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 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 c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation—Contractor 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 c/o 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 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 Contractor 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: 120 days Schedule: Days for Final Completion: 30 days 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:$800/day 2. Failure to achieve Final Completion: $200/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: 80% 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: Z Shall apply. ❑ Shall not apply. 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 General Contractor OR Miami-Dade County Licensed Contractor the following will be required: ® Shall apply. 1. Copy of State Contractors Certification OR Miami-Dade County Licensed ❑ Shall not apply. Certification 2. Place of Business 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), if required. 3. Miami-Dade Department of Environmental Resources Management(DERM), if required. 4. Florida Power and Light(FPL), if required. 5. Miami-Dade Water and Sewer(WASD), if required. Trench Safety Act Reference: Section 0100, Sub-section 12, Florida Trench Safety Act. Requirements ® Shall apply. ❑ Shall not apply. Consultant: BCC Engineering, Inc. Departmental Contract Aaron Osborne 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: 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 PRICE FORM&BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form.(Appendix B, Form B1). 2. Bid Bond. FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE 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 Values Form,Appendix B,Form B2. 2. Acknowledgment of Addenda,Appendix B, Form B3. 3. Appendix A Contractor Qualification Form [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 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 QUALIFICATION FORM APPENDIX B - BID PRICE FORM, SCHEDULE OF VALUES, & ACKNOWLEDGMENT OF ADDENDA APPENDIX C - PRE-AWARD FORMS APPENDIX D - CONTRACT FORM APPENDIX E - LIST OF PLANS & SPECIFICATIONS APPENDIX F - POST AWARD FORMS 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 Bidders 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 Bidders and, subsequently, the successful Bidder(s) (the "contractor[s]") if this ITB 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"). 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 II 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 residents. Refer to Appendix C for additional information and submittal requirements of these programs, and the applicable prevailing wage table for the project. 10. Method of Award. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s).A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s)after the selected or approved bidder(s)has(or have)done so. Only the executed contract(s)will be binding on the contracting parties. 11. Contract Price. The Contract Price is to include the furnishing of all labor, materials, equipment including tools,shoring,services,permit fees, general conditions costs,applicable taxes, overhead and profit for the completion of the Work, except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s)of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 12. Florida Trench Safety Act. If the work involves trench excavations that will exceed a depth of 5 feet, the requirements of Florida Statutes, Chapter 553, Part Ill, Trench Safety Act, will be in effect. The Bidder, by virtue of submitting a bid, certifies that such Act will be complied with during the execution of the work. Bidder acknowledges that included in the total bid price are all costs for complying with the Florida Trench Safety Act. 13. Financial Capacity. Within three (3) business days of request by the City, each Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Bidder. The Bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11 696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Bidder review the information contained in its SQR for accuracy prior 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 Price 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 Bidder 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. TAB C: BID PRICE FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form. (Appendix B, Form B1). 2. Bid Bond. FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE 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 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 - SERVICES. 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 10/1/2019), incorporated herein, located at: https://www.miamibeachfl.qov/wp-content/uploads/201 9/1 Orferms-Conditions-Services- General.pdf 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 06/12/2019), incorporated herein, located at: https://www.miamibeachfl.qov/wp-content/uploads/2019/06/General-Conditions-for- Construction-Contracts.pdf APPENDIX A It .A A al‘ At I ''' '''' '''''/'a k ' t 1 1 V 1 -4*;\ . I \ / " * I 1 V 1 i - MOW ' 'AVIS i ' Contractor Qualification Form FOR CONSTRUCTION PROJECTS y 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 time will delay the review process and may result 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 / PARTNERSHIP / SOLE PROPRIETORSHIP / 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 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 2. Provide three(3)similar 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 agent 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. Period of Type of affiliation (e.g. Individual's name Affiliated company's name aff.liation 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 past 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 project was publicly 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 L 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, employee or agent,an employee of the City of Miami Beach? YES NO If es,state name,title and share of ownershi 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 prohibition? 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 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 employees? 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 or domestic partner, such as medical insurance. Firm Provides for Firm Provides for Firm does not BENEFIT Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Famil 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 fte / ,U\ 10 Bid Price Form Bl MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. Schedule of Values ( B2) Acknowledgment of Addenda ( B3) MUST BE SUBMITTED WITH E BID OR WITHIN 3 DAYS OF REQUEST BYT E CITY: Bid Price Form (B1 ) Page 1 of 1 FAILURE TO SUBMIT THIS BID PRICE 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. The city will not accept any revision to the total base bid sum, divisions, line item totals, or add alternates, after the deadline for receipt of bids. In the event of arithmetical errors between the division or item totals in B2 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. The allowance items that have been delineated below shall be used only upon the City's discretion, as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. 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 12. 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 (B2) Page 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Schedule of Values Form (B2) to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Should any bidder fail to submit this form fully completed, the City will request that the omitted information be provided within three(3)calendar days upon request from the City. Total Item Description Quantity U I M Unit Cost (Quantity_x_unit_Cost) 1 Maintenance of Traffic(MOT) 1 Ls $ $ 2 Mobilization 1 Ls $ $ 3 Spall Repair 80 CF $ $ Expansion Joint Rehabilitation-Clean,Seal, 4 Replace-Poured Joint w/Backer Rod 87 LF $ $ 5 Crack Injection 420 LF $ $ 6 Pile Jacket 323 CF $ $ Cleaning and Coating Concrete Surface, 7 Class 5 682 SF $ $ Cleaning and Sealing Concrete Surface- 8 Methacrylates 924 SF $ $ 9 Methacrylates Monomer 10 GAL $ $ 10 Epoxy Material for Crack Injection 5 GAL $ $ 11 Ob'ect Markers T •e 3 4 EA $ $ TOTAL $ Bidder: Initials: Acknowledgement of Addenda (B3) Page 1 of 1 AmendmentAmendment Date Issued Date Issued Number Number Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Bidder: Initials: APPENDIX C A „,F g Pre-Award Forms MUT BE SUBMITTED WITH THEBID QRWITHIN 3DAYS OF REQUEST BY THE CITY. Cl Bid Bond 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 SURETY: AGENT OF SURETY: Signature (Surety Name) Print Name Attorney-in-Fact(Print Name) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) APPENDIX D A - � y A 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[ 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: Public Works Department 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Aaron Osborne/Roy Coley 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 Plans & Specifications PUBLIC WORKS DEPARTMENT 0 STRUCTURE PLANS FOR 77th STREET— BRIDGE REPAIRS FDOT No . 876718 DECEMBER 10, 2019 100% SUBMITTAL //�\ P 4. AHOW WHAT'S BELOW S i BEFORE CALL Bll , 1'( �.f BEFORE i0U OZG NSLAYNE � C r �, J LIE www oils Krw.rom \1 . .4, J� IP, : BEACH CITY OF MIAMI BEACH MIAMI - . , 1 (LJJ®��ff PROJECT LOCATION 11 2 O �/ MAYOR: DAN GELBER l l ��(r� PROJECT LOCATION COMMISSIONERS: MICHAEL GONGORA eISCAYNE caul ®_ lam 40g0D �4" MARK SAMUELIAN I MILKY OFp : ..,,.. "✓ - ©©©©a®�. JOY MALAKOFF i RICKY ©opoomo■ JOHN111 EUZABETH ALEMAN �� (y\ CITY MANAGER: JIMMY L. MORALES f� fl0no OODOM NORMANDY SNORES As CITY ATTORNEY: RAUL J. AGUILA ._ 'II I �I O ©O0�©. INDEX OF DRAWINGS PUBLIC WORKS �I I( \ O®OO_O®_0� SHEET DRAWING DESCRIPTION DIRECTOR: ROY COLEY v �� ®II CITY ENGINEER: NELSON PEREZ-JACOME O �`� allthq - _ 1 5-100 COVER SHEET & INDEX OF DRAWINGS .__�Rra- III 2 5-101 GENERAL NOTES (1 OF 2) 3 5-102 GENERAL NOTES (CONTINUATION) TI OF 2) 4 5-200 EXISTING STRUCTURE PUN & SECTIONS GOVERNING DESIGN STANDARDS: _—//I 5 5-201 REPAIR LOCATIONS - SUPERSTRUCTURE FLORIDA DEPARTMENT OF TRANSPORTATION, FY2018-19 STANDARD '� , """��� 6 5-202 REPAIR LOCATIONS - SUBSTRUCTURE PLANS FOR BRIDGE CONSTRUCTION AT THE FOLLOWING WEBSITE: i_ kw D LI OD ODE■1 87 S-3011 RREEPPRREESSEE PHOTOGRAPHS - SSUU https://www.fdol.gov/design/sfandardplans ®� lia �� �� ao0a'I 9 5-302 REPRESENTATIVE PHOTOGRAPHS - SUBSTRUCTURE(3 OF 6) GOVERNING STANDARD SPECIFICATIONS � ^ ! 11 S-304 REPRESENTATIVE PHOTOGRAPHS - SUBSTRUCTURE(5 OF 6) FLORIDA DEPARTMENT OF TRANSPORTATION, JANUARY 2019 STANDARD ���"J 11 S-304 REPRESENTATIVE PHOTOGRAPHS - SUBSTRUCTURE (5 OF 6) SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION Al THE \IIII' O�� D �I a 13 S-400 SPALLSENTATIAE PHOTOGRAPHS - SUBSTRUCTURE 6 OF 6FOLLOWING WEBSITE. ��'s'� �j \iQ 13 S-400 SPALL- REPAIR DETAILS https://www.ldof.gov/PROGRAMMANAGEMENT/IMPLEMENTED/SPECBOOKS O 14 S-401 EXPANSION JOINT - REPAIR DETAILS /�� 15 S-402 CRACK - REPAIR DETAILS p\I—II �� � ' 16 S-403 PILE JACKET - REPAIR DETAILS 17 S-404 SURFACE FINISH & TRAFFIC SIGNING - REPAIR DETAILS `�1�� / 18 S-50TRAFFIC CONTROL NOTES 19 5-5011 TRAFFIC CONTROL NOTES LA GORtE ISLAND 1 6401 SW 87th Avenue, Suite 200bc ism Miami, Florida 33173 e\- I 0 IIIII......n:::JJI FtTt Tel: 305.670.2350 Fax: 305.670.2351 n OE NORMANDY www.bcceng.com Certificate of Authorization No.7184 LOCATION MAP n.T.s. (t) ENGINEER OF RECORD: engfn �*�y Cl,ns,,,,Aw,,,,,pE Work Order 1 Sheet 1 of 19 Drawing 5-100 FNsa.LK.m.N,nsn GENERAL NOTES PURPOSE SITE INSPECTION THE INTENT OF THE PROJECT IS TO COMPLETE REPAIRS ON BRIDGE NO. 876718 AS PRESENTED IN THE PLANS AND SPECIFICATIONS, THE CONTRACTOR SHALL VISIT THE SITE BEFORE BIDDING TO BECOME FAMILIAR WITH THE PRESENT CONDITION AND TO JUDGE THE EXTENT AND DESCRIBED IN THE SCOPE OF WORK. AND NATURE OF THE WORK TO BE DONE UNDER THIS CONTRACT. NO EXTRA COMPENSATION WILL BE ALLOWED BECAUSE OF FAILURE TO INCLUDE IN THE BID ALL ITEMS AND MATERIALS WHICH ARE REQUIRED TO BE FURNISHED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. GENERAL SPECIFICATIONS. FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (DATED 2019) AND THE WATER QUALITY• TECHNICAL SPECIAL PROVISIONS, AS AMENDED BY CONTRACT DOCUMENTS. TH CONTRACTOR SHALL BE RESPONSIBLE FOR PREVENTING THE DISCHARGE OF ANY FOREIGN MATERIAL INTO THE WATER INCLUDING BUT NOT LIMITED TO DEBRIS, METHACRYLATE SEALER, CLEANING AND COATING SPOILS ETC. THE CONTRACTOR SHALL. ERECT THE BEST AVAILABLE DESIGN SPECIFICATION: MEANS OF EROSION CONTROL MEASURES TO ISOLATE THE WORK AREA AT ALL TIMES. THE CONTRACTOR SHALL MAINTAIN APPROPRIATE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) LRFD BRIDGE DESIGN SPECIFICATIONS (8th SKIMMERS AND ABSORBENT MATERIALS AT THE WORK AREA FOR IMMEDIATE DEPLOYMENT IN THE EVENT OF AN ACCIDENTAL SPILL EDITION) WITH INTERIM REVISIONS TO DATE. THE DESIGN SPECIFICATIONS ARE SUPPLEMENTED BY THE JANUARY 2019 EDITION OF THE ENVIRONMENTAL: FOOT STRUCTURES MANUAL ENVIRONMENT• 1. THE FOLLOWING FEDERALLY) AND STATE LISTED( ANIMAL SPECIES COULD( /IINHABIT OR MIGRATE THROUGH THE CONSTRUCTION AREA: WEST SUPERSTRUCTURE: EXTREMELY AGGRESSIVE — COASTAL INDIAN MANATEE STATE REQUIREMENTS REGARDING HSAWFISHENDANGEREDE)ANDAND THREATENED TURTLES SPECIES)AND THE STATECONTRACTOR LISTED SPECIESCOOFMPLY SPECIAL CONCERN. SHOULD SUBSTRUCTURE: EXTREMELY AGGRESSIVE — COASTAL THESE SPECIES BE ENCOUNTERED. THE CONTRACTOR SHALL CONTACT THE DISTRICT ENVIRONMENTAL PERMITS COORDINATOR AT (305) 470-5223 WITHIN 24 HOURS OF EACH ENCOUNTER. UTILITIES. 2. THE CONTRACTOR SHALL REVIEW ENVIRONMENTAL REQUIREMENTS OF ANY PROPOSED STAGING AREAS WITH THE DISTRICT ENVIRONMENTAL PERMITS COORDINATOR AT LEAST SEVENTY TWO (72) HOURS PRIOR TO USE. 1. ALL EXISTING UTILITIES ARE TO REMAIN UNLESS OTHERWISE NOTED. 3. ANY MATERIAL TO BE STOCKPILED FOR PERIODS GREATER THAN 24 HOURS SHALL BE PROTECTED BY APPROPRIATE EROSION CONTROL DEVICES. 2. TWO FULL BUSINESS DAYS PRIOR TO DIGGING THE CONTRACTOR SHALL CALL SUNSHINE ONE CALL OF FLORIDA AT 800-432-4770 4. THIS PROJECT CROSSES OUTSTANDING FLORIDA WATER. NO DEGRADATION OF WATER QUALITY, INCREASED TURBIDITY OF THE WATER, AND/OR AND THE MIAMI BEACH PUBLIC WORKS DEPARTMENT AT (305) 673-7080 TO MARK UNDERGROUND UTILITIES LOCATED IN THE 5. THE CONTRACTOR NEEDS OTOANSTALLEIA FOREIGNMATERIAL SYSTEM TAROUND ET EH WORKINGRE AREASTOCONTROL ANY CONTAMINATION FROM THE CONSTRUCTION ZONE. A CONTRACTOR'S REPRESENTATIVE MUST BE PRESENT WHEN UTILITY COMPANIES LOCATE THEIR FACILITIES. CONSTRUCTION AREA INTO THE WATER. SUBMIT TO THE ENGINEER THE PROPOSED CONTAMINATION CONTROL SYSTEM FOR REVIEW AND 3. TWO FULL BUSINESS DAYS PRIOR TO DIGGING NOTIFY THE ENGINEER AND REQUEST LIGHTING CONDUIT LOCATIONS. APPROVAL. APPROVAL WILL BE BASED UPON CONTINUED PERFORMANCE. THE COST OF THE INSTALLATION. LABOR AND MATERIAL OF THE BARRIER SYSTEM SHALL BE INCIDENTAL TO THE COST OF THE ASSOCIATED REPAIR. 6. BARGES. PLATFORMS AND FLOATING STRUCTURES SHOULD MAINTAIN A 12 INCH CLEARANCE FROM THE SEA BOTTOM TO PREVENT ANY 4. THE CONTRACTOR IS ADVISED THAT PROPERTIES ADJACENT TO THE PROJECT HAVE ELECTRIC, TELEPHONE, GAS, WATER AND/OR IMPACT TO THE SEA GRASS BED AND OTHER BENTHIC COMMUNITIES LOCATED ON THE PROJECT AREA. SEWER SERVICE LATERALS WHICH MAY NOT BE SHOWN IN PLANS. THE CONTRACTOR MUST REQUEST THE LOCATION OF THESE 7. ALL EXISTING TREES ARE TO REMAIN UNLESS OTHERWISE DESIGNATED ON THE PLANS. LATERAL SERVICES FROM THE UTILITY COMPANIES. 8. TREE PROTECTION IS TO BE INSTALLED AROUND ALL TREES WHERE CONSTRUCTION ACTIVITIES WILL BE WITHIN 5 FEET OF THE DRIPUNE OF THE TREE. REINFORCED CONCRETE MATERIALS• 9. THE CONTRACTOR SHALL NOT STAGE OR OPERATE EQUIPMENT WITHIN THE DRIPLINE OF TREES. CONRETE SHALL BE IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATION 346 AS APPLICABLE. 10.NO STAGING OR OTHER ACTIVITIES FOR THIS PROJECT WILL BE ALLOWED WITHIN OR ADJACENT TO, MANGROVES, WETLANDS. OR OTHER ENVIRONMENTALLY SENSITIVE AREAS. CONCRETE CLASSES• 11.SEAGRA55 BEDS AND OTHER BENTHIC COMMUNITIES EXIST IN THE PROJECT AREA. THE CONTRACTOR SHALL PREVENT CONTACT WITH THE CLASS MIN. 28—DAY COMP. STRENGTH LOCATION SEABED IN THESE AREAS AND ANY DISTURBANCE OF BOTTOM SEDIMENTS (E.G., FROM MOVING OR ANCHORING BARGES AND OTHER STRUCTURES). THE CONTRACTOR SHALL NOT SHADE ANY BENTHIC COMMUNITY FROM DIRECT SUNLIGHT FOR MORE THAN TWO WEEKS. POLYMER MODIFIED f'c = 5500 psi SPALL REPAIRS ANCHORING LOCATIONS SHALL BE APPROVED BY THE PROJECT ENGINEER. IV f'c = 5500 psi SPA JACKET FILLER MATERIAL 12.THE CONTRACTOR SHALL NOT IMPACT WETLANDS ADJACENT TO THE PROJECT CORRIDOR. TWO WEEKS PRIOR TO MOBILIZATION, THE CONTRACTOR SHALL MEET WITH THE PROJECT ENGINEER AND THE DISTRICT ENVIRONMENTAL PERMITS COORDINATOR TO FIELD—VERIFY THE EXISTING COVERS WILL BE MAINTAINED UNLESS OTHERWISE NOTED. EXTENT AND BOUNDARY OF WETLAND VEGETATION ON SITE. REINFORCING SUFI• INSPECTION: ALL REINFORCING STEEL SHALL BE ASTM A615, GRADE 60. THE CONTRACTOR SHALL PROVIDE THE ENGINEER, CITY OF MIAMI BEACH PERSONNEL/REPRESENTATIVES, EOR, ETC. SAFE ACCESS FOR INSPECTIONS OF THE PROJECT AT ALL TIMES. THIS INCLUDES (BUT IS NOT LIMITED TO SCAFFOLDING, SNOOPER WITH OPERATOR, AND/OR PLAN DIMENSIONS• INSPECTION BOAT WITH OPERATOR REMAINING IN PLACE UNTIL THE ENGINEER CAN PERFORM ALL NECESSARY INSPECTIONS. THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE FACT THAT, DUE TO THE NATURE OF REHABILITATION REPAIR PROJECTS. THE EXACT NOISE REGULATION: EXTENT OF REHABILITATION/REPAIR WORK CANNOT ALWAYS BE ACCURATELY DETERMINED PRIOR TO THE COMMENCEMENT OF WORK. THESE THE CONTRACTOR SHALL COMPLY WITH THE CITY OF MIAMI BEACH NOISE REGULATION DURING THE THE ENTIRE BRIDGE REPAIR PROCESS. PLANS WERE DETAILED TO AGREE WITH THE RESULTS OF A LIMITED FIELD INVESTIGATION. THE CONTRACTOR SHALL FIELD VERIFY PLAN DIMENSIONS AND ELEVATIONS OF WORK. THE DETAILS ON THE DRAWINGS INDICATE THE LIMITS OF REMOVAL AND REPAIR BASED ON THE BRIDGE INSPECTION REPORT BY FOOT SCOPE OF WORK• DATED 04/19/18 AND FIELD OBSERVATIONS PERFORMED BY BCC ENGINEERING IN MARCH, 2019. THE REMOVAL AND REPAIR LIMITS 1. THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE FACT THAT THIS PROJECT REQUIRES WORK IN LOW HEADROOM AND/OR RESTRICTED 1 SHOWN ON THE CONTRACT DRAWINGS INDICATE APPROXIMATE REMOVAL AND REPAIR LIMITS BASED ON THE CONDITION OF THE WORKING AREAS WITH LIMITED ACCESS AND IN CLOSE PROXIMITY TO EXISTING UTIUTIES. THE CONTRACTOR SHALL EXERCISE CARE SO AS Ig STRUCTURE AT THE TIME OF THE INSPECTIONS. TO NOT DAMAGE EXISTING STRUCTURES OR EXISTING UTILITIES WHILE PERFORMING THE WORK. EXISTING UTILITIES SHALL NOT BE USED 8 THE CONTRACTOR SHALL TAKE ALL SUCH FIELD MEASUREMENTS AS ARE NECESSARY TO ENSURE PROPER FIT OF THE FINISHED WORK FOR STAGING OR SUPPORT. AND THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR THEIR ACCURACY. WHEN SHOP DRAWINGS BASED ON FIELD F MEASUREMENTS ARE SUBMITTED FOR APPROVAL, THE FIELD MEASUREMENTS MADE SHALL BE INCLUDED IN THE SHOP DRAWINGS AND 2. THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE FACT THAT THE PROJECT SITE AND SURROUNDING AREA PLACES RESTRICTIONS,i SUBMITTED TO THE ENGINEER. SUCH AS LIMITED STAGING, LIMITED AREA FOR PARKING, SHALLOW WATER DEPTHS WHICH WILL LIMIT ACCESSING THE SITE VIA WATER, ETC. THE CONTRACTOR SHALL PERFORM A THOROUGH RECONNAISSANCE OF THE AREA, FAMILIARIZE HIMSELF WITH SUCH RESTRICTIONS I NAVIGATION PRIOR TO BID, AND INCLUDE IN THE BID ANY AND ALL CONSIDERATIONS DUE TO SUCH RESTRICTIONS TO HIS MEANS AND METHODS. THE CONTRACTOR SHALL NOTIFY THE UNITED STATES COAST GUARD MARINE SAFETY OFFICE (AT (305) 415-6744) THIRTY (30) DAYS PRIOR TO BEGINNING CONSTRUCTION. EXISTING FEATURES. UNLESS OTHERWISE NOTED, ALL EXISTING PROJECT FEATURES, STRUCTURES. AND BRIDGE APPURTENANCES ARE TO REMAIN. INCLUDING BUT EXISTING BRIDGE PLANS: NOT LIMITED TO UTILITIES. GUARDRAIL, WALLS. SIGNING, PAVEMENT MARKINGS, DRAINAGE. ETC. NOT AVAILABLE REPAIRS TO THE EXISTING BRIDGE• DURING ALL CONSTRUCTION OPERATIONS, THE CONTRACTOR SHALL NOT BE ALLOWED TO DROP WASTE CONCRETE, DEBRIS, OR OTHER MATERIAL TO THE CHANNEL BELOW THE BRIDGE. PLATFORMS, NETS, SCREENS, OR OTHER PROTECTIVE DEVICES SHALL BE USED TO CATCH THE MATERIAL. IF THE ENGINEER DETERMINES THAT ADEQUATE PROTECTIVE DEVICES ARE NOT BEING EMPLOYED. THE WORK SHALL BE SUSPENDED UNTIL ADEQUATE PROTECTION IS PROVIDED. THE COST OF PROVIDING SUCH PROTECTIVE DEVICES SHALL BE _ INCIDENTAL TO PAY. THE CONTRACTOR SHOULD BE AWARE THAT NO SPOIL AREA IS AVAILABLE FOR THIS CONTRACT WITHIN THE CITY'S RIGHT—OF—WAY. THEREFORE, ALL SPOIL MATERIAL (STRUCTURAL CONCRETE, REINFORCING STEEL ETC.) REMOVED FROM THE JOB SITE 5 SHALL BE DISPOSED OFF BY THE CONTRACTOR FROM THE CITY OF MIAMI BEACH PROPERTY. THE CONTRACTOR SHALL COMPLY WITH THE LOCAL AND STATE REGULATIONS THAT APPLY TO THE AREA CHOSEN FOR DISPOSAL OF THIS SPOIL MATERIAL. THE COST OF THIS WORK SHALL BE INCLUDED IN OTHER RELATED ITEMS. NO SEPARATE PAYMENT WILL BE ALLOWED. ALL EXCESS MATERIAL AS DESIGNATED BY .§ THE ENGINEER, IS TO BE DISPOSED OFF BY THE CONTRACTOR IN AREAS PROVIDED BY HIM, WITHIN 72 HOURS OF BEING DEPOSITED IN S THE CONSTRUCTION AREA AND AT THE CONTRACTOR'S EXPENSE. ALL HARDWARE INCLUDING. BUT NOT LIMITED TO, NUTS. WASHERS, • ANCHORS, ETC. SHALL BE TYPE 316 STAINLESS STEEL. M xooaq..000 7775 Street —Over E Biscayne Point Canal ENGINEER Of RECORD ENGINEER OF RECORD s jjj+o... ' j m BCC ENGINEERING Coo MANAGER ARMv l MORALES DESIGN ENGINEER_cam • F.xx^•General Notes(1 of 2) ^ s` [ Miami Beach 33141 S s Y I '•^ ° "t •'DIRECTOR ROT COLEY DRAWN ST un•y RN•nne• N/A a PUSLIC WORKS CNECNER FNM E.M M/A q• M/A WYE Ord• IFN coertnnow mom done In.nE.Fu1., l Br:dge No. 876718 Structural Repair Plans a,CRY ENGINEER NELSON REREEJOCOSE,p ch„wnAar»•.RE _ 4 ...••••••... E SCALE ASSNOWN Florida lmon••No 14647 NO DATE REVISION APP.ST Dm 149&11 Shen DIe..R 5-101 GENERAL NOTES (CONTINUATION) CONCRETE REPAIR NOTES• PILE JACKET CONSTRUCTION NOTES (CONTINUATION): 1. QUANTITIES: DUE TO THE NATURE OF THE DETERIORATION PRESENT ON THIS BRIDGE, THE CITY OF MIAMI BEACH SHALL HAVE THE AUTHORITY TO INCREASE, DECREASE, OR DELETE THE QUANTITIES OF WORK TO BE PERFORMED IN EXCESS OR BELOW THE PERCENTAGES 4. JACKETS SHALL BE DEWATERED BEFORE PLACING THE APPROVED FILLER MATERIAL THE FIRST PUMPING PORT WILL BE IMMEDIATELY ALLOWED BY SECTION 4-3.1. ALTERATION OF PLANS OR OF CHARACTER OF WORK, OF THE STANDARD SPECIFICATIONS AND REVISIONS ABOVE THE BOTTOM SEAL THERETO WITH NO ADJUSTMENT TO THE CONTRACT UNIT PRICES. THE WORK WILL BE ASSIGNED BY THE ENGINEER FOR A SPECIFIC GROUP OF LOCATIONS AT A TIME. IN ADDITION TO THE LOCATIONS OF CONCRETE/CRACK/SPALL REPAIRS SHOWN IN THE PLANS, THE 5. THE EXISTING PILE DIMENSIONS AND LENGTH AND DIMENSIONS OF THE JACKET SHALL BE VERIFIED BY THE CONTRACTOR AND SHALL CONTRACTORANSHALL PERFORM A COMPLETE AND THOROUGH SOUNDING SURVEY OFTHE RIDGE, INCLUDING ALL COMPONENTS OF THE BE SUBMITTED TO THE ENGINEER FOR APPROVAL PRIOR TO ORDERING THE JACKETS AND JACKET MATERIALS. SEE TECHNICAL SPECIAL BRIDGE,GIAND PRIOR IDENTIFYOALLOM LOCATIONS IN NEED THEOF REPAIR. THE SOUNDINGCRACKS SURVEY SHALL BE PERFORMED IN THE PRESENCE OF THEO PROVISIONS. ENGINEER TO COMMENCING ANY WORK, AREAS AROUND SHALL ALSO BE SOUNDED PRIOR TO INJECTING. NO CONCRETE REMOVAL SHALL BE PERFORMED WITHOUT THE ENGINEER'S APPROVAL THE CITY OF MIAMI BEACH SHALL BE ALLOWED TO STOP WORK DUE TO POOR WORKMANSHIP, UNAPPROVED MATERIALS OR UNAPPROVED WORK PROCEDURE AT ANY TIME WITHOUT 6. THE CONSTRUCTION SEQUENCE DEPICTED AND THE DETAILS SHOWN ARE FOR TYPICAL INSTALLATIONS AND MAY NOT APPLY TO ALL CONSEQUENCE TO THE CITY OF MIAMI BEACH. THIS NOTE APPLIES TO ALL QUANTITIES ASSOCIATED WITH THE CONCRETE REPAIRS. POSSIBLE SCENARIOS. ANY PROPOSED DEVIATIONS FROM THESE PLANS AND PROCEDURES MUST BE SUBMITTED TO THE ENGINEER AND APPROVED PRIOR TO BEING PERFORMED. DEVIATIONS SHALL BE SIGNED AND SEALED BY A PROFESSIONAL ENGINEER REGISTERED IN 2. TRACKING REPAIR QUANTITIES: THE CONTRACTOR SHALL PREPARE A DETAILED REPORT DOCUMENTING THE LOCATIONS REQUIRING THE STATE OF FLORIDA. THE CONTRACTOR SHALL ALLOW 4 WEEKS FOR THE CITY OF MIAMI BEACH AND EOR REVIEW AND APPROVAL CONCRETE/SPALL REPAIRS. THE REPORT SHALL BE FORMATTED TO INDICATE PRECISE LOCATION OF EACH REPAIR AREA AND AN OF ANY PROPOSED DEVIATIONS. ANY EXPENSES, DELAYS, ETC. ASSOCIATED WITH PROPOSED DEVIATIONS SHALL BE THE ESTIMATED QUANTITY FOR THE TOTAL CONCRETE/SPALL REPAIRS REQUIRED. THE REPORT SHALL BE SUBMITTED TO THE ENGINEER FOR RESPONSIBILITY OF THE CONTRACTOR AND AT NO ADDITIONAL COST TO THE CITY OF MIAMI BEACH. APPROVAL THIS DOCUMENT WILL BE USED BY THE ENGINEER FOR PREPARING THE AUTHORIZATION TO PROCEED WITH REPAIRS AND BY THE CONTRACTOR TO TRACK QUANTITIES. THE CONTRACTOR SHALL UPDATE THE REPORT 014 A MONTHLY BASIS TO INCLUDE ACTUAL 7. FIELD CONDITIONS MAY VARY, AND SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION AND PRIOR TO ORDERING THE QUANTITIES OF REPAIRS AND REMAINING BUDGET AVAILABLE TO CONTINUE WITH REPAIRS. REPAIRS PERFORMED AFTER EXHAUSTION OF JACKETS AND JACKET MATERIALS. BUDGET DUE TO CONTRACTOR'S FAILURE TO TRACK QUANTITIES WILL BE AT THE CONTRACTOR'S EXPENSE. THE CITY OF MIAMI BEACH SHALL DETERMINE THE SIZE OF THE WORK ASSIGNMENTS. NO WORK SHALL COMMENCE ON ANY NEW WORK ASSIGNMENT UNTIL THE B. THE NUMBER AND LOCATION OF MONITORING/PUMPING PORTS SHALL BE FINALIZED AS PART OF THE SHOP DRAWINGS AND CONCRETE SATISFACTORY COMPLETION OR SUBSTANTIAL PROGRESS (MORE THAN 40% COMPLETION) OF PREVIOUSLY ISSUED ASSIGNMENTS HAS BEEN PUMPING PLAN. CONFIRMED, EXCEPT WHEN THE ENGINEER DETERMINES THAT SUCH OTHER WORK IS IN THE BEST INTEREST OF THE CITY OF MIAMI BEACH AND GIVES WRITTEN INSTRUCTIONS TO PROCEED. THE CONTRACTOR WILL BE EXPECTED TO BEGIN WORK WITHIN 14 CALENDAR NOTES: DAYS FOLLOWING ISSUANCE OF THE AUTHORIZATION TO WORK. 1. FOR QUANTITIES AND DETAILS, REFERENCE SHEET S-403. 3. REMOVE CONCRETE FROM AROUND OXIDIZED REINFORCING STEEL. SQUARE CUT THE PERIMETER OF THE AREA TO BE REPAIRED USING A 1" DEEP SAW CUT. REMOVE CONCRETE ADJACENT TO REINFORCING STEEL WITH A 15 LB. CHIPPING HAMMER (MAXIMUM SIZE) AND A 4 LB. SCALING HAMMER (MAXIMUM SIZE). EXTEND THE PERIMETER OF THE AREA TO BE REPAIRED AS REQUIRED TO EXPOSE REINFORCING PILE JACKET CONSTRUCTION SEQUENCE: STEEL A MINIMUM OF SIXINCHES FROM THE OXIDIZED PORTION AND NO MORE THAN 4 INCHES FROM THE SAWCUT EDGE OF SPALL. UNDERCUT TO PROVIDE ' TO 1" CLEARANCE BETWEEN EXPOSED REINFORCING STEEL AND SURROUNDING CONCRETE. ALL REPAIR AREAS SHALL HAVE SQUARE EDGES; FEATHER EDGING OF REPAIRS SHALL NOT BE ACCEPTED. 1. REMOVE UNSOUND CONCRETE AND ADDRESS REINFORCING STEEL CONDITION IN ACCORDANCE WITH THE PLANS. PREPARE PILE SURFACE 114 ACCORDANCE WITH SECTION 457 OF THE STANDARD SPECIFICATIONS FOR JACKET INSTALLATION. 4. ALL SURFACES TO BE REPAIRED MUST BE CLEAN, SOUND AND FREE OF SURFACE MOISTURE, OIL AND GREASE. REMOVE DUST, RESIDUE, MARINE GROWTH, LAITANCE, CURING COMPOUNDS, WAXES, IMPREGNATION. FOREIGN PARTICLES AND OTHER BOND INHIBITING MATERIALS 2. INSTALL NEW REINFORCING CAGE. FROM THE SURFACE BY MEDIA BLASTING. CHIP OFF AREAS THAT HAVE BEEN SATURATED WITH OIL OR GREASE TO SOUND NON-CONTAMINATED CONCRETE. AREAS THAT MAY TRAP AIR ARE TO BE TRIMMED OR VENTED. IF AREAS BECOME CONTAMINATED AFTER S. PLACE PILE JACKET FORM AROUND PILE WITH SUFFICIENT STAND-OFFS TO SECURE THE FORM IN PLACE. STAND-OFFS SHALL BE INITIAL CLEANING, THEY MUST BE RE-CLEANED PRIOR TO APPLYING THE REPAIR MATERIAL. PERMANENTLY ATTACHED TO THE FORMS. WHEN PLASTIC STUDS ARE USED THEY MUST BE PROPERLY FASTENED AND SEALED. THE 5. CONTRACTOR SHALL USE EXTREME CAUTION NOT TO DAMAGE EXISTING STEEL, STEEL SHALL BE MEDIA BLASTED TO A SSPC SP10 CONTRACTOR SHALL PROVIDE HOLES IN THE STIFFBACKS TO RELIEVE PRESSURE ON THE STANDOFF HEADS SO THE FORM WILL NOT CONDITION. IF ANY STEEL IS DAMAGED, THE CONTRACTOR SHALL NOTIFY THE ENGINEER FOR ADDITIONAL INSTRUCTIONS ON THE BE DEFORMED. APPLICABLE REPAIR. ANY STEEL THAT IS DAMAGED BY THE CONTRACTOR IS TO BE REPAIRED AT NO COST TO THE CITY OF MIAMI BEACH. REMAINING STEEL MUST DISPLAY ACCEPTABLE BONDING WITH EXISTING CONCRETE, IF BONDING IS LOST OR DAMAGED, ADDITIONAL 4. PREVENT DEFORMED OR MISALIGNMENT OF JACKETS. DEFORMED OR MISALIGNED JACKETS SHALL BE REMOVED AND RECAST AT NO STEEL SHALL BE EXPOSED UNTIL BONDED UNDAMAGED STEEL IS REACHED. IF IT IS DETERMINED THAT DAMAGE BY THE CONTRACTOR HAS COST TO THE CITY OF MIAMI BEACH. (SEE TECHNICAL SPECIAL PROVISIONS) ADVERSELY AFFECTED THE CAPACITY OF THE BEAM, THE CONTRACTOR SHALL PROVIDE A LOAD RATING SIGNED AND SEALED BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA AT NO COST TO THE CITY OF MIAMI BEACH. 5. SEAL INTERLOCK JOINTS AND BOLT STAND-OFFS WITH AN APPROVED ADHESIVE AND SEAL BOTTOM OF FORM AGAINST PILE SURFACE. 6. IF THE EXISTING REINFORCEMENT HAS LOST MORE THAN 20%OF ITS CROSS SECTION, A NEW BAR OF EQUAL SIZE(DIAMETER) SHALL BE 6. PLACE EXTERNAL BRACING. 5 DRILLED AND EPDXIED WITH AN EMBEDDED LENGTH AND/OR LAP SPLICE AS INDICATED IN THESE PLANS. IN NO CASE SHALL ANY REBAR BE PLACED WITH A COVER LESS THAN EXISTING COVER. d 7. RINSE ENTIRE PILE CONCRETE SURFACE WITH FRESH WATER IMMEDIATELY PRIOR TO PLACING FILLER. DEWATER FORM. 1 7. PLACEMENT OF FORMS AND POURING SHALL BE COMPLETED AS SOON AS IS PRACTICAL AFTER MEDIA BLASTING AND BEFORE ANY OTHER CONTAMINATING SITUATION OCCURS, (72 HRS MAX.). 8. FILL ANNULUS BETWEEN PILE AND FORM WITH APPROVED FILLER MATERIAL WITHIN 72 HOURS AFTER CLEANING AND PLACING THE FIBERGLASS FORM. THE TIME INTERVAL BETWEEN THE SURFACE PREPARATION AND THE CONCRETE PLACEMENT SHALL BE KEPT TO A <,+ 8. THE CONTRACTOR SHALL ADHERE TO THE REQUIREMENTS OF THE TECHNICAL SPECIAL PROVISIONS FOR CONCRETE RESTORATION WITH MINIMUM AND NOT EXCEED 36 HOURS. LATEX MODIFIED PORTLAND CEMENT MORTAR/CONCRETE. PLACE THE LATEX MODIFIED PORTLAND CEMENT MORTAR/CONCRETE WITH CORROSION INHIBITORS IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 9. CURE APPROVED FILLER MATERIAL FOR A MINIMUM OF 7 DAYS BEFORE REMOVING THE WOOD STIFF BACKS. CUT PUMPING PORT E< 9. FOR SPALLS IN WHICH FORMWORK IS NOT NEEDED. THE REPAIR MATERIAL CAN BE PLACED BY HAND AND TROWELED TO MATCH THE FLUSH WITH THE JACKET AFTER REMOVAL OF FORMS AND SEAL WITH APPROVED EPDXY. DEFORMED JACKET WILL NOT BE ACCEPTED. P. ORIGINAL SECTION. DEFECTS IN THE BASE CONCRETE SUCH AS BROKEN PIECES, VOIDS, HONEYCOMB, CORROSION, ETC., MUST BE 10.THE NATURE OF THE PILE DETERIORATION PRESENT PLACES RESTRICTIONS ON THE PILE WORK THAT WILL BE PERMITTED AS PART OF B REMOVED. ALL STEEL REINFORCEMENT SHALL BE CLEANED TO AN SSPC SP10 CONDITION AND PREPARED THOROUGHLY BY MEDIA THIS PROJECT: BLASTING PRIOR TO THE AREA BEING PATCHED. NOTES 3 THRU 8 ABOVE SHALL ALSO APPLY TO THESE AREAS. 10.SHOP DRAWINGS SHALL INCLUDE AND SHOW RESTORE SPALL AREAS AND PRODUCT DATA SHEET FOR THE REPAIR MATERIAL. -SHALL BE COMPLETED(CONCRETE CURED FOR A MINIMUM OF 7 DAYS, FORMS REMOVED, WORK ACCEPTED BY THE EOR) BEFORE 1 PROCEEDING WITH WORK ON ANOTHER PILE IN THE SAME BENT. 11.IN THE EVENT THAT MORE THAN 15% OF THE CROSS SECTIONAL AREA OF THE BRIDGE, DECK, BEAM OR BENT CAP NEEDS TO BE REMOVED, PRIOR TO THE REMOVAL THE CONTRACTOR SHALL NOTIFY THE ENGINEER FOR FURTHER INSTRUCTIONS. -WORK ON PILES IN ADJACENT BENTS SHALL BE STAGGERED SO THAT THE SAME PILE NUMBERS ARE NOT WORKED ON AT THE PILE JACKET CONSTRUCTION NOTES: SAME TIME. el 1. IF THE PILE EXHIBITS SPALLS OR DELAMINATIONS WITHIN THE JACKET LIMITS. PROCEED IN ACCORDANCE WITH THE "CONCRETE REPAIR . -THE CONTRACTOR SHALL EXERCISE EXTREME CARE TO NOT EXTEND PILE CONCRETE REMOVAL WITHIN THE PILE STEEL REINFORCING 1 NOTES" (SHEET S-202) AND THE "SPALL REPAIR PROCEDURE" NOTES (SHEET 5-400), AND PROCEED WITH THE PILE JACKET PROCEDURE CAGE. EXTENDING CONCRETE REMOVAL WITHIN THE PILE REINFORCING CAGE SHALL REQUIRE A STOPPAGE OF WORK AND A INSTEAD OF PLACING FRAMEWORK FOR A SPALL REPAIR, IE: THE JACKET FILLER WILL FILL THE VOID CREATED BY THE SPALLED OR WITHIN THE SUPPORT MEASURE FOR THE UDINGE. ALLOT LIMITED RESULTING FKOS THE CONTEMPOR YX SUPPOR CONCRETE REMOVAL B DELAMINATED AREA ON THE PILE WITHIN THE JACKET LIMITS. PERMIT THE ELLE RHALL BET CAGE INCLUDING BUT NOTONTO WORK STOPPAGE, TEMPORARY SUPPORT MEASURES, PERMITTING, ETC. SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 5 2. FILLER MATERIAL SHALL BE PLACED AFTER ALL SECTIONS OF THE FORM ARE INSTALLED, SEATED. SEALED, AND DEWATERED. -NO TWO PILES IN ANY BENT MAY BE WORKED ON AT THE SAME TIME. WORK ON EACH PILE IN A BENT 8 8 3. PILE JACKETS SHALL BE INSTALLED TO 2'-6" BELOW MEAN LOW WATER ELEVATION AS SHOWN ON SHEET S-403. IF SEA FLOOR -ALL BRIDGE SUBSTRUCTURE REPAIRS SHALL BE COMPLETED (FORMS REMOVED AND REPAIR ACCEPTED) BEFORE SUPERSTRUCTURE 1 ELEVATION HIGHER THAN 2'-6" BELOW MEAN LOW WATER ELEVATION IS ENCOUNTERED, PROVIDE MAXIMUM PILE LENGTH ACHIEVABLE. REPAIRS MAY COMMENCE. S S :740, 77l^Street -Over E Biscayne Point Canal MY ENOIHEER Or RECORD, ENGINEER OF RECORD s F..x..,.General Notes(2 of 2) Miami Beech 33141 TBCC ENGINEERING em MANAGER ERI L MORALES DESIGN ENGINEER____-GL. r em e. 3 •" Wi pe• "��OIRELTOR. ROY COLEY DRAWN BY 0.0E R.M.n<.. f' PUBLIC WORKS DEPARTMENT CHECKER P e M/A P.E. Ka lie ,`",..E41,0,,4 Ino",u u er Bridge No. 876718 Structural Repair Plans .N,CITY ENGINEER NELSON EEREZJACOME,PE Cnmlxn ANm.PF t GALE ME.I w x rASEr N0. DATE REVISION AD,BY D." 1 O a SY"N D,nmg5� W .5 EXISTING BISCAYNE CANAL SEAWALL 0 0 J 20'-B" 20'-714" 20'-8"(TYP.) L 0 0 (SPAN 1) (SPAN 2) (SPAN 3) / / le E C \ NOTES. ■ 0 ❑ 1 REFER EO SHEETS S-201 & S-202 FOR REPAIR 1 EXISTING a RIO EXISTING ABUTMENT (TYP.) inSIDEWALK 'us C 2. REFER TO SHEETS S-300 THROUGH 5-305 FOR REPRESENTATIVE PHOTOGRAPHS OF LOCATIONS TO BE \ REPAIRED. ■ ❑ ❑ C 3. REFER TO SHEETS S-400 THROUGH S-403 FOR ■ - N n + REPAIR PROCEDURES. z ' Z ..-z ❑ 4. CONTRACTOR SHALL VERIFY DIMENSIONS. IIII 'cis' 9Ds<1=== m,C ❑ 0 A—A • o a C N p ] C 771h STREET I 77M STREET D .> C ❑ EXIST. CONC. CI PILE (TYP.) ❑ C \ " `EXISTING a C ❑ ❑ SIDEWALK ❑ To ❑ I L , C \ D m BISCAYNE CANAL to C m 0 0 EXISTING BRIDGE PLAN r 0 0 I I SCALE:1/9'•1.0' ■ -- - o g —1 ■ 38'-0" ± R. RAILING (TYP.) 60'-O" • t ABUTMENT 24'-0" 6-4" CONC. ABUTMENT SEAWALL(TIP.) EL. +6.7 ,EL. +6.7 4 Ey + •7 N-PARAPET WALL— [(TIP.) ii E0 EXIST. CONC. EL •6� I I E� 10--- \--EXISTING LJ EXISTING �_ EXIST. CONC. .MHW- I ALUMINUM CONC. PILE EXIST. CONC. 66MHW PILE CAP (TYP.) 1-1-I-'-'-'� EL. 0.8 RAILING (TIP.) PILE CAP (TYP.) 1 $EL. -0.8 E, _ �niiiiiiiiiiii• l U M W i E - _ -- - ✓, E� EL. _8,3 NOTES• EL. -2.3 B SECTION A-A SEA FLOOR SECTION B-B 1. ALL ELEV. ARE BASED BRIDGE LONG DIRECTION - SCALE 3/32"=1'-0" BRIDGE SHORT DIRECTION - SCALE 3/32"=I'-0" ON 1988 NAVO. 6 S 1 111",' 77"Street —Over E Biscoyne Point Canal OY MANAGED JIMMY ENGINEER OF RECORD'.1L ENGINEER OF RECORD F1.Naos Existing Structure Plan&Sections ; Miami Beach 33141 BCC ENGINEERING c NAGER x L YORAlEB DESIGN FNGIxEER�L Surrey R.Nnnw x c "DIRECTOR ROY COLEY DRAWN BY PUBLIC WORKS DEPARTMENT CHECKER i NIO Bak_t11.6_ P . N/A v..on.—LLALA TILL Bridge No. 876718 Structural Repair Plans Y• FI.1B IBIBB CITY ENGINEER.NELSON PEREZJACOYE.PE ��� CXS1an AYIW..PE inicoii.Brnaiin,non..E ii...BEACH f U. .. ...mann. SCALE ASSNnWY SWISS...Se WSW NO DATE REVISION APP,BY D.Y 12a 9 SMY or., 5-200 # z 'Yy F 1 ,«, N w. SUPERSTRUCTURE CRACK (REFER TO S-402 FOR REPAIR PROCEDURES) (TOP.) /} " " i 20x_8,1 / 20.-7h" 20r_8. (SPAN 1) (SPAN 2) (SPAN 3) C BISCAYNE CANAL 11 Ail. 1 it 111 iiiii� •. `h SIM.) 0 [� IM.) 'Co• ��I (SIM. `I ■ ■ 12 ❑ S Ca o ❑ ❑ r 77M STREET ❑ w EXISTING SIDEWALK WITH u = 0 oD 77th STREET ■ m CRACKS. EXPANSION m m m C a'- JOINTS, SPALLS, AND ❑ 0 ., `S„,,, S '� DELAMINATIONS TOTE,BE • REPAIRED (REFER C g ❑ CALLOUTS) 14 o '6 ■ ❑ 13 ❑ Q Y v,7 AO ❑s■7 a oYSIM.) G pC ❑ R c s s . -. 7.60._0. �� - — — — Y I LEGEND- o o r o WI �, EXISTING PA:A::T WALL �� � �, � _ WITH CRAC , PALLS'c) � I z - _ 3 ' a* AND DELAMANS TO '- NOTES: BE REPAIREFER TO € - g 10 PHOTO CALLOUT INDICATING WHERE~ ��'ry CALLOUTS) / 1. CONTRACTOR SHALL NOTIFY EOR OF ANTICIPATED REPAIR IS REQUIRED (SEE SHEET S-300) tom, r START DATE. EOR WILL VISIT SITE W/ CONTRACTOR ""� a x46 . a,a g PRIOR TO START DATE TO IDENTIFY REPAIR AREAS. 1 PHOTO DIRECTION S ,4440.;,,,,,., P 2. CONTRACTOR SHALL NTRIFY DIMENSIONS, REPAIR e � �;`-. LOCATIONS AND QUANTITIES. PHOTO POINTING UP N 3, REFER TO SHEET S-300 FOR REPRESENTATIVE 8 (�y� BRIDGE SUPERSTRUCTURE p PHOTOGRAPHS AND DESCRIPTION OF REQUIRED ,: f. ( )PHOTO POINTING DOWN q.< REPAIRS AT CALLOUT AREAS, � REQUIRED REPAIR LOCATIONS SCALE:3/72"AI'-e' � t 3.�' 5 " tee' 77rN Street -Over E Biscayne Point Canal YYY OESIONER OF RELORD.SL ENGINEER Of RECORD ; FFF Pu,..Repair Locations:Superstructure Miami Beach 33141 BCC ENGINEERING arr YAxeoER JI lYORALEB DESIGx ExWxfER�l Rwr efx,.,,> t °i�'A.;� G"D.2 W'DIREcroR Ror colEr ORAwx er •+ Z F,NOew..1p9al poor- N/A PUBLIC WORKS DEPARTMENT VII: Bridge No. 876718 Structural Repair Plans Nlx""I r e'r'F CHECAER DC I - d Il +n. m,LIiY ENGINEf R'NEl80N PEREZ-JACOME.P.F LNnaron,,AD PE ,oe coxvexxox cexccFRxrvexwFieeFcx,»i„ .x.. .,.• BCAIE •99xOwx FIeRJa LKFRM Ne.1.&Fr x0. DATE REVISION APPS BY DFM 12 0 a &REFI wR.np S-2O3u s BISCAYNE CANAL 20•-8" 2O'-714" 20•-B" ❑ ❑ LI (SPAN 1) / (SPAN 2) ` (SPAN 3) ❑ 0 BISCAYNE CANAL O C) C _ €D Ey-I) 41 1g s-, C EXISTING CONCRETE SLAB ❑ 51 4 4 � 19 ® ❑ WITH CRACKS, SPALLS, 39 42 AND DELAMINATIONS TO '� C BE REPAIRED (F.V.) _ _ e �1 _ _ (REFER TO CALLOUTS) ] 45(2-2� 38 20 �3-z> C 17----1--------------------...: 53 CI C 02 3h40 ❑3-3) STREET m m 0 • _ _ © 3© 11 10 C 0 o 771A m Wm n 77"' STREET 54 55 47 2-4 3-4) [ D 0 23 12 C p3-s ❑ �2 Sb 331 30 `/"E) 15 40 C • 56 ®26Q 59 16 14 3 C a 01 0 7 60 FC s Og17 5 0 0 CRACKS, SPAEXISTING LLS, PILE WITH 1 r , ND ❑ ❑ DELAMINATIONS TO BE REPAIRED 1 (F.V.) (REFER TO CALLOUTS) LEGEND. PHOTO CALLOUT INDICATING WHERE REPAIR IS NOTES.N i REQUIRED (SEE SHEETS 5-301 THROUGH S-305) 1. CONTRACTOR SHALL NOTIFY EOR OF ANTICIPATED START PHOTO DIRECTION BRIDGE SUBSTRUCTURE REQUIRED REPAIR LOCATIONS SLAKE:1/B•.1•-D• DATE. EOR WILL VISIT SITE W/CONTRACTOR PRIOR TO i START DATE TO IDENTIFY REPAIR AREAS. O PHOTO POINTING UP 2. CONTRACTOR SHALL VERIFY DIMENSIONS, REPAIR 6 LOCATIONS AND QUANTITIES. B O PHOTO POINTING DOWN 3, REFER TO SHEETS S-301 THROUGH 5-305 FOR 8 REPRESENTATIVE PHOTOGRAPHS AND DESCRIPTION OF 5 (X-X) CONCRETE PILE LABEL REQUIRED REPAIRS AT CALLOUT AREAS. 1. 77th Street -Over E Biscoyne Point Carol ENGINEER OF RECORD_as_ENGINEER OF RECORD s EA.a...Repair Locations:Substructure BCC ENGINEERING Miami Beach 33141 an MANAGER JIMMY L.YORALEs DESIGN ExmxEfR.y. s.wYa w.a.. DIRECTOR ROY COLEY DRAWN BY .M BmE. N/A PUBLIC WORKS DEPARTMENT rte; rN C"E"" r R Paw N/A Wa.Ord.'._ELL— d ,N coxvean.W CENTERWORKS xP.e.RTME. Bridge No. 876718 Structural Repolr Plans N.1 CITY ENGINEER NELSON PEREZ•JACOME.Pf. � •••. ,.• SCALE AS.5.^.. F1.Ma Item..No MSS Mt. o.., REVISION APPS.BY D.N.13 a a SM. DN•.B $-20_2 T. J s'¢per S 4�y ` I. > t PHOTOGRAPH/14 PHOTOGRAPH{1i PHOTOGRAPH 115 -4 PHOTOGRAPH III PHOTOGRAPH 110 REPAIR CONCRETE SPALL(REFER TO 5-400) REPAIR CONCRETE SPALL(REFER TO 5-400) REPAIR CONCRETE SPILL(REFER TO 500) REPAIR CONCRETE SPALL(REFER TO S-400) REPAIR CONCRETE SPALL(REFER TO 5-400) A , i am y it s 4 '�: '3T,1 ,.. 1 a 3`f' .E ?: i uC t J. x PHOTOGRAPH 49 PHOiOGRaPHS PHOTOGRAPH f2 PHOTOGRAPH 46 REPAIR CONCRETE SPALL(REFER TO 5-500) REPAIR CONCRETE SPALL(REFER TO 5-400) REPLACE EXPANSION JOINT(REFER i0 5-401) REPAIR WALL CRACK(REFER TO ASPHALT/JOINT CRACK(REFER TO 5-402 FOR REPAIR REPAIR SPALL ON PARAPET WALL(REFER i.. Y PROCEDURE FOR ALL ASPHALT CRACKS ADJACEN'TO JOINTS) 5 ,`- \y; +Yom. x _ 31,1 5 o ,i,.. (i, s,, „_. _ rT PHOTOGRAPH/S PHOTOGRAPH/4 PHOTOGRAPH IS PHOTOGRAPH HZ PHOTOGRAPH L REPAIR SPALL ON PARAPET WALL.5 IN REPAIR CRACK ON PARAPET WALL,2 ON SOUTH REPLACE EXPANSION JOINT(REFER TO S-d01) REPAIR CRACK(REFER TO 5-002) REPAIR CONCRETE STALL(REFER TO 5-400) 6 SOUTH WALL ANDS IN NORTH WALL WALL AND 2 OH NORTH WALL(REFER TO 5-102) REPAIR CONCRETE SPILL(REFER TO S-400) ; (REFER TO S-100) k ND KIOD: 77th Street -Over E Biscayne Point Canal ExGIHEFP OF PELOPO jq-ENOINEEP Of RECORD S f4.Mm. 0.apr4wnlNivP Plrotoi-1A46.SuRNN7uctun 11 of 6) Miami Beach 33141 BCC ENGINEERING Cliv YAPAGEP Jw4Y l YORALEB DEBbx ExG+xEEP 14- Y w'DIRECTOP. POY COLEY CR601 qv R e4N Roe _Ma.- .P._EVA- , parr N/A PUBLIC WORKS DEPARTMENT T01L: Bridge No. 876718 Structural Repair Plons r.',.,::T....,... CITY ExGINEER NELSON PEREtJALOYE.I E. SCALE 0. 00 n cn�.1.1..II7E + 0 .<., „ gcAEE x.x n.ma+<....x.74541 7w. DATe PEv+s�on APPD BY D.Y.n o q sn.Y T .E n D,..Yv 5-300 a m � y s. '%'- C. ` . ,.- . 4 Fliii.,-,,,,,,, ..:i.4., ti iliiiiiF ,41 PHOTOGRAPH 110 PHOTOGRAPH X11 PHOTOGRAPH NO PROVIDE PILE JACKET(REFER TO 5-403) SPALL/DEUNINATION WITH CORROSION STAIN:PILE(3-4)(REFER TO S-400) CRACK REPAIR(REFER TO 5-402) a' a',... •,..-• CORROSION STAIN:REPAIR CRACK(REFER TO 0-402) PROVIDE PILE JACKET(REFER TO S-403) PHOTOGRAPH{9 PROVIDE PILE JACKE ( FER TO'S'-'4,'0......,3,) T RE J 111111, 04 PHOTOGRAPH{8 PHOTOGRAPH IT pHOTOGRA>H 86 1 EFFLORESCENCE STAIN: REPAIR CRACK(REFER TO S-A02) REPAIR SPALL(REFER TO 0-400) LOCATION OF CONCRETE SPALL WITH EXP RERAR ' CORROSION STAIN: REPAIR CRACK(REFER TO 0-402) (REFER TO/7/S-301) PHOTOGRAPH 45 CRACK REPAIR(REFER TO S-402) y e ,mss„, _ ..� I ,�y», S I I E M. m. L ' o-. 1, t} a- i•H�'_ov FaP�-g< PHOTOGRAPH{3 PHOTOGRAPH 42 PHOTOGRAPH II REPAIRED CRACK(NO NEED REPRESENTATIVE PHOTOGRAPH OF STRUCTURE REPAIR SPALL(REFER TO 5-400) BRIDGE SOUTH VIEW-REPRESENTATIVE PHOTOGRAPH 6 FOR ADDITIONAL REPAIR) CONDITION OF STRUCTURE CONDITION +�]' 77t^Street -Over E Biscayne Point Canal N,N FRECORDfA_ENGINEER Oi RECORD 6 04Nim• p Y^ BCC ENGINEERING ] ENGINEER__LA_ RRprRsenlatwe Phoeoi-9Hgq.swbwn+aun I2 o/6) i MiOmi Beacn 33141 c.r YANACER ,Iw r L MORALES EN , w'CIREL]Oa ROYLOLEY DRAWN RYG ; iwY ReeR. N/A ipi N/A 0.0Order N/A PUBLIC WORKS DEPARTMENT RTL: Bridge Na. 876718 Structural RePoir Plans .« w.car ExcINEER NEEeON PERE2JACOYE.PE SCcLF R G^nrmn Apra PE �or 1,.x.+.�P crxe c uu xx c��rr ...i,...i... RCAIE AR axnwx ilwgilmnu xe]E6t] x lE aEV19iOx APPOSE Dal* S20 9 8nex owns 6 � �- p � e'er .3 :,...- �" ` % 'A'"Ar.,-",:,,,' x y; Ff '-• ivo, y� 'v,a I 4111t - t ,,.�f' ' '''''''' PHOTOGRAPH 121 w. n,� ate,,: - EFFLORESCENCE STAIN:REPAIR CRACK(S-402) PHOTOGRAPH 424 PHOTOGRAPH 423 PHOTOGRAPH 422 BENT: REPAIR CONCRETE SPALL WITH EXPOSED REBAR(REFER TO 5-400) REPAIR PREVIOUSLY REPAIRED PILE WITH NEW REPAIR APPROXIMATELY CONCRETE PILE: PROVIDE PILE JACKET(REFER TO 5-403) DELAMINATION/SPALL- PILE(3-4)(REFER TO S-400) SPALL/DELAMINATION(REFER TO S-400) CORROSION STAIN:REPAIR CRACK(REFER TO 0-402) PROVIDE PILE JACKET(REFER TO 5-403) e - s r ys11 pry : PHOTOGRAPH 470 PHOTOGRAPH 419 PHOTOGRAPH 118 PHOTOGRAPH 417 REPAIR CONCRETE SPALL/DELAMINATION(REFER TO 0-400; PRLVIOUSLV REPAIRED PILE-PROVIDE PILE JACKET REPAIR CONCRETE SPALL(REFER TO S-400) REPAIR CRACK(REFER TO S-402) PROVIDE PILE JACKET(REFER TO 5-403) (REFER TO S-403) PROVIDE PILE JACKET(REFER TO S-403) CORROSION STAIN:REPAIR CRACK REFER TO 5-402 E T I w-� . j1::4,..,,,•...' ottp, s 8 gl, :'SIG IOGROTH_41� PHOTOGRAPH 4)4 PHOTOGRAPH 413 REPAIR CONCRETE SPALL(REFER TO S-100) REPAIR CRACK WITH CORROSION STAIN (REFER TO G-402j PROVIDE PILE JACKET(REFER TO S-403) CORROSION STAIN: REPAIR CRACK(REFER TO 5-402) E CORROSION STAIN: REPAIR CRACK(REFER TO S-402) PROVIDE PILE JACKET(REFER TO S-403) i • 771"Street -Over E Biscayne POlnI Canal ENGMEER OF RECORD IO_ENGINEER OF REG 5 File NYne RRRI*' t El PO to BrMBe SR AEINclur.13 ole) Miami Beach 33741 BCC ENGINEERING LGx YANAGEP JIY4x L YGRAlEB OE9�Gx EHGINEER.�� 1 aw F G ::: ROx CLLEx GRAL By Re4nnee x F ry ie Rx ru. •x•. •.• AB Hxnwu FIS owe OrEer._Bid— PUBLIC WORKS DEPARTMENT n7�; Bridge No. 876718 Structural Repair Plana 4� CITY ENGMEER.xELaOH PEREL.MCGYE,pE.SCALE R CR nuwn Ayum,,PE. - �.ovvx..xex x,.x ox awEE ae LN.eF.No Teen xo DATE REWawx RIPS BY G,,, I2 o •B sx„r M..ne 5-302 r - -'-'7 - -. . a� I , MI F � Illf4 l "'TOGRAPH /35 I PROVIDE PILE JACKET t (REFER TO 5-403) 11111101111111111„ PHOTOGRAPH{/36 J ° PHOTOGRAPH 434 PHOTOGRAPH#33 EFFLORESCENCE STAIN. REPAIR _ }. REPAIR CRACK(REFER TO 5-402) PREVIOUSLY REPAIRED PILE- PROVIDE PILE JACKET (REFER TO 5-d02) (REFER TO S-MS) 0100,...„.... ( Vf 3 P a4� a` l�n � `ts PHOTOGRAPH/32 PHOTOGRAPH/37 PHOTOGRAPH/30 PHOTOGRAPH #29 REPAIR CONCRETE SPALL(REFER TO 5-400) PREVIOUSLY REPAIRED PILE—PROVIDE PILE JACKET SPALL/DEUMINATION ON PREVIOUSLY REPAIRED PILE(REFER TO 5-400) REPAIR CONCRETE SPALL/OEUMINATION PROVIDE PILE JACKET REFER TO 5-403 (REFER TO 5-403) ALL PILES: PROVIDE PILE JACKET(REFER TO S-403) REFER TO 5-400 t �;, _ a 3 v `'_" W .- x �y 1 i � ado' „ a e n . -,"' ':,'-"-'',Z'',..:'''',';:`,.'''''''''''VZ'll'''s::.,,:':'12,0,Z,,,i"i: 4''' '' 97 ,''' 41' '''',-' , ''''','„',.''';'''4 it'' ''''. ' .' '' , I PHOTOGRAPH A2d PHOTOGRAPH 407 PHOTOGRAPH A7S PHOTOGRAPH 475 5 REPAIR CONCRETE SPALL/DELAMINATION REPAIR CONCRETE SPALL/DEUMINATION REPAIR CONCRETE SPALL/DEUMINATION EFFLORESCENCE STAIN: REPAIR CRACKS(REFER TO 5-402) (REFER TO S-400) (REFER TO 5-400) (REFER TO 5-400) 61[Ip0pD; 7716 Street —Over E Biscayne POIrI9 Caul ENGINE ER OF RECORD'14—ENGIN EER OF RECORD. •; FA.N.m. U PFexnI I PHoroe-BHdge Subshuclurt 00 6 pIt) �, Miami Be0c11 33141 BCC ENGINEERING CITY MAxAGER.:::.Te I.MORAlEB OEdiON ENOixEER.�L a Surv.y R.w.ROR } 01 DIRECTOR- OLEY DRAWN BY'. PUBLIC WORKS DEPARTMENT nnE: �� cx iwN Aw F-.a Be.4 N/A u. N/A wax o.a.• Mn S •r.e,,,.....:.•1R coxvexnax uuie >wa• Bridge No. 876778 Structural Repair Plans ,e�s�e:.e.r..• oto JRA L1IY ENGMEER.xEl80N PEREZ-JACOME P.E.CME ER ac Cnn. mP PE P. ...w...x.••• SLAIE. AS SNOwx FRxa.lk.ns.No.1F8J1 x0. DATE REVISION APB El BY p.M,12 10 c Bn.M. o,.maR: 5-303 LL