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Contract ITB-2020-237-AY For Surface Lot and Seawall at Biscayne Beach
CITY CLERK OFFICE: RAFAEL GRANADO or LILIA CARDILLO DATE: 10/9/2020 FROM : Valerie Velez/Jorge Gueimunde DEPARTMENT: PROCUREMENT EXTENSION : 7490 CONTRACT: ITB-2020-237-AY For Surface Lot & Seawall at Biscayne Beach CONTRACTOR: Enco, LLC. COMMISSION DATE: 9-16-2020 ITEM NUMBER: C2 A RESOLUTION : N/A CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the 13 day ofQ2G�3 • , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and ENCO, LLC., (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-2020-237-AY SURFACE LOT & SEAWALL AT BISCAYNE BEACH 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 one million ninety one thousand three hundred thirty nine and seventy cents ($1,091,339.70) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $ 992,127 Total Owner's Contingency . . $ 99.212.70 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-2020-237-AY Surface Lot&Seawall at Biscayne Beach 1 For City: City of Miami Beach Capital Improvements Department 1700 Convention Center Drive 4th Floor Miami Beach, FL. 33139 Phone: 305-673-7071 Ext. 6816 Attn: Daniel F. Cevallos Email: DanielCevallos(amiamibeachfl.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Enco, LLC. 5411 SW 25th Ct Pembroke Park, FL 33023 Attn: Wilson Sanchez Email: WSanchez0.encollc.com ITB-2020-237-AY Surface Lot&Seawall at Biscayne Beach 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. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA By: By' l' 2-211-----_ R ael E. Granado, City Clerk Mayor Date: t(41) APPROVED AS TO FORM& LANGUAGE [seal] 8 FOR EXECUTION 4. jo\-27, \7'6 City I Date FOR CONTRACTOR: J ATTEST: Enco, LLC. By: - /a,(.JAi( 0t-'1(\1\ By: Name: I - \\ - l4� CO t , Name: '&)&�So►*Scmc,,ktZ Date: 1O lO to()...O1..0 Date: t of G/ZOz-o [seal] ' ,, ,0,1�w""�►qt {1y"qq3 ��!.�,may�i�1�0;,��4,�yy"�`� I{r� 'V C.lf��f J �.l ; ER ''''.7. (. 0( a �� s')i+.,,:, _,•".�r' Via! s5+% _+ ` _!�• '`a' ,F i r} s. a ' , srfGtlz " .. , 0 tt 4, f� ITB-2020-237-AY Surface Lot&Seawall at Biscayne Beach 3 MIAMIBEACH GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (April 13,2020) 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 1 I General Conditions for Construction Contracts(April 13, 2020) Department permits,or other applicable permits within its jurisdiction,the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a 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, 2 I General Conditions for Construction Contracts(April 13, 2020) 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. "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 3 I General Conditions for Construction Contracts(April 13, 2020) at its sole and absolute discretion.Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. "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 byithe 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 4 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 5 I General Conditions for Construction Contracts(April 13, 2020) 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. 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. 6 I General Conditions for Construction Contracts(April 13, 20201 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. 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 appropriatein 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 7 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 8 I General Conditions for Construction Contracts(April 13, 20201 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. 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-à-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss,expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and 9 I General Conditions for Construction Contracts(April 13, 2020) 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; 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. 10 I General Conditions For Construction Contracts(April 13, 2020) 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 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. 11 I General Conditions for Construction Contracts(April 13, 2020) 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. 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. 12 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 13 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 14 I General Conditions for Construction Contracts(April 13, 2020) 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 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; 15 ( General Conditions for Construction Contracts(April 13, 2020) 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. 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. 16 I General Conditions for Construction Contracts(April 13, 2020) 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.") 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. 17 I General Conditions for Construction Contracts(April 13,2020) 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. 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 18 I General Conditions for Construction Contracts(April 13, 20201 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: 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 19 I General Conditions for Construction Contracts(April 13, 2020) 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). 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 20 I General Conditions for Construction Contracts(April 13, 2020) 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. 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. 21 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 22 I General Conditions for Construction Contracts(April 13, 2020) 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; 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; 23 I General Conditions for Construction Contracts(April 13, 2020) 6.9.11. Contractor has delivered to City all other submittals required by the Contract Documents, including all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information; 6.9.12. All rubbish and debris have been removed from the Project Site; and 6.9.13. All Construction aids, equipment and materials have been removed from the Project Site. 6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract Documents, all of which shall be in the name of the City and run to the benefit of the City; 6.9.15. If applicable, certificates of insurance indicating that any insurance required of the Contractor or Subcontractors by the Contract Documents shall remain in full force and effect for the required period of time; 6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipts, releases and final waivers of lien from the Contractor and all Subcontractors, to the extent and in such form as may be reasonably required by the City; 6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the Final Certificate for Payment. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. 6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor shall operate as and shall be a release to the City from all present and future Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with this Contract for anything done or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or 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 24 I General Conditions for Construction Contracts(April 13, 2020) 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 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-Conforminq 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 25 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 26 I General Conditions for Construction Contracts(April 13,2020) 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 andsuppliesare 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; 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. 27 I General Conditions for Construction Contracts(April 13, 2020) 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 waming or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 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 28 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 29 I General Conditions for Construction Contracts(April 13, 2020) 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 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 30 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 31 I General Conditions for Construction Contracts(April 13, 2020) 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: 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 32 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 33 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 34 I General Conditions for Construction Contracts(April 13, 2020) 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 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: 35 I General Conditions for Construction Contracts(April 13, 2020) 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%). 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: 36 1 General Conditions for Construction Contracts(April 13, 2020) 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 additionalbonds 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. 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 37 I General Conditions for Construction Contracts(April 13, 2020) 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; 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; 38 I General Conditions for Construction Contracts(April 13, 2020) 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 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. 39 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 40 I General Conditions for Construction Contracts(April 13, 2020) 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. 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 41 I General Conditions for Construction Contracts(April 13, 2020) 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 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 42 ( General Conditions for Construction Contracts(April 13, 2020) 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 quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid 43 I General Conditions for Construction Contracts(April 13, 2020) 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; 44 I General Conditions for Construction Contracts(April 13, 2020) 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- 45 I General Conditions For Construction Contracts(April 13, 2020) 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: 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: 46 I General Conditions for Construction Contracts(April 13, 2020) 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; 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. 47 I General Conditions for Construction Contracts(April 13, 2020) 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 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 48 I General Conditions for Construction Contracts(April 13, 2020) 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. 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. 49 1 General Conditions for Construction Contracts(April 13, 2020) 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. 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. 50 I General Conditions for Construction Contracts(April 13, 2020) 14.9. Availability of Prolect 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, 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. 51 I General Conditions for Construction Contracts(April 13, 2020) 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 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. ARTICLE 15. INSPECTOR GENERAL AUDIT RIGHTS. 15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition,the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report conceming whether the project is on time,within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its 52 I General Conditions for Construction Contracts(April 13, 2020) overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 15.3 Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers,agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 15.4 The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash,trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 53 I General Conditions for Construction Contracts(April 13, 2020) MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 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 recipient's 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(if applicable),which may be found on the City Of Miami Beach website:httos://www.miamibeachfl.gov/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(ADA).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 I Solicitation Terms and Conditions—Services(April 13, 2020) MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 20201 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 I 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 include 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(April 13, 2020) MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 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(April 13, 2020) MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 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.MODIFICATION/WITHDRAWALS 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 180 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 must clearly indicate any exceptions they wish to take to any of the terms in the solicitation,and outline what,if any,alternative is being offered. All exceptions and alternatives shall be included and clearly delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 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. 37.ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility,and further reserves the right to declare a Bidder not responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal,a complete history of all citations and/or violations, notices and dispositions thereof.The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which bidder may receive after the proposal opening date and during the time of performance of any contract awarded to it. 4 I Solicitation Terms and Conditions—Services(April 13, 2020) MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 20201 38.RELATIONSHIP TO THE CITY.It is the intent of the City,and Bidders hereby acknowledge and agree,that the successful Bidder is considered to be an independent contractor,and that neither the Bidder,nor the Bidder's employees,agents,and/or contractors,shall,under any circumstances,be considered employees or agents of the City. 39.INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits,inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records,contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses, administer oaths,require the production of witnesses and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents,(bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition(bid preparation)and performance of this contract,for examination,audit,or reproduction,until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals,litigation,or claims are finally resolved. F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. Balance of Page Intentionally Left Blank 5 I Solicitation Terms and Conditions—Services(April 13, 2020) ATTACHMENT A COMMISSION AWARD MEMO Coversheet Competitive Bid Reports- C2 A Li COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 16, 2020 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH. 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 ITB 2020-237-AY,for surface lot and seawall at Biscayne Beach. BACKGROUND/HISTORY The purpose of this bid is to establish a contract,by means of sealed bids,for the construction of a new surface parking lot on City owned property and a new raised seawall. A sanitary sewer lift station is located within a portion of this site.The components associated with the parking lot are reflected on the design documents and include,but are not limited to the following: • 28 Parking spaces including two (2) handicap accessible parking stalls and pavement marking; • installation of the infrastructure, conduits and plugs for future vehicle charging station; • landscaping and irrigation system; lighting system including service point and connection to the FPL power source; • screening around existing lift station; • drainage system including drainage wells; • infrastructure for future police security camera installation; • site furnishing (trash receptacle and recycling bins, etc.) • fencing; • concrete privacy wall; • pervious concrete for parking stalls; • new raised seawall On November 6,2018, Miami Beach residents approved a ballot measure,which included GO No. 39 Seawalls and Shorelines. This project is partially funded by GOB. ANALYSIS The ITB was issued on July 28, 2020,with bid opening date of August 27, 2020.The Procurement Department issued bid notices to 34,340 companies utilizing www.bidsync.com website. 103 prospective bidders accessed the solicitation.The notices resulted in the receipt of five(5) responses from: Central Civil Construction ("Central Civil"), C&I Construction and Design inc. ("C&I"), Enco LLC ("Enco"), Florida Construction&Engineering Inc("Florida Construction"), and Waypoint Contracting, Inc. ("Waypoint").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 the Office of Capital Improvement Projects verified that the lowest responsive bid submitted by Enco met the requirements of the ITB, including: 1. Bid Bond:The ITB stated that a bid bond for 5%of the bid cost was required with the bid submittal. Enco submitted a bid bond for 5%of the bid amount, as required. file:///miamibeach.gov/...0/Solicitations/2020/2020-237-AY ITB Surface Lot at Biscayne Beach—8100 Hawthorne Ave/I4-Agreements/Commission Memo 2020-237-AY.html[9/17/2020 10:30:51 AM] Coversheet 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. Enco is State certified as a General Contractor. State license number is:CGC060832 and expires on August 31, 2022. 3. Previous Experience(Firm):The ITB required that the bidder and/or it's principals must have three(3)projects, successfully completed or near completion, of similar scope and budget within the last five(5)years. Enco submitted the proof of experience as required by the minimum requirement. 4. Previous Experience of Bidder(prime or sub-contractor)—Marine Construction:The ITB required the bidder its subcontractors, or the respective principals,to have experience with three(3) marine construction projects, successfully completed or near completion, of similar scope and budget within the last five(5)years. Enco submitted the proof of experience as required by the minimum requirement. The firm also submitted additional project references which have been verified.The firm has not previously completed work for the City, but all references provided, including Florida Department of Transportation, City of Lauderhill, and City of Pompano Beach provided positive feedback.The bid cost has been reviewed by staff and found to be consistent with project budget and market expectations. Accordingly, Enco has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. FINANCIAL INFORMATION Project Cost(Lump Sum Grand Total): $992,127.00 10% Owner's Contingency: $99,212.70 Total: $1,091,339.70 Amount/Account Breakdown: $352,906.00-155-0820-069357-26-410-528-00-00-00-20518 $10,435.70-155-0820-000356-26-403-526-00-00-00-20518 $271,110.00-Subject to the adoption of FY21 Capital Budget $456,888.00-393-0815-069357-29-410-576-00-00-00-21919 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Enco LLC.,the lowest responsive, responsible bidder to the ITB 2020-237-AY,for surface lot and seawall at Biscayne Beach; and further authorize the City Manager and City Clerk to execute a contract. Applicable Area North 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 Yes Strategic Connection Neighborhoods-Enhance the beautification, physical appearance and cleanliness of neighborhoods. Legislative Tracking Capital Improvement Projects/Procurement ATTACHMENTS: Description E Attachment A file:///miamibeach.gov/...0/Solicitations/2020/2020-237-AY ITB Surface Lot at Biscayne Beach—8100 Hawthorne Ave/14-Agreements/Commission Memo 2020-237-AY.html[9/17/2020 10:30:51 AM] Attachment A ITB 2020-237-AY Surface Lot and Seawalls at Biscayne Beach C&I Construction and Florida Construction 8 Bid Price Central Civil Construction Design inc. Enna LLC' Engineering Inc Waypoint Contracting,Inc. _= _ Descriptio= __!I Total_ ___I,._ _Total. iL ._Tota! _IL_—TJBL __4I_ ___Total Gland Total 1,099,975.00 $ 1,099,420.90 $ 992,127.00 $ 1,198,670.00 $ 1,019,775.00 footnote 'denotes recommended bidder ATTACHMENT B ADDENDA AND ITB SOLICITATION M I AMI B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH August 20, 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). THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. I. ITB DUE DATE AND TIME.The deadline for the electronic receipt of bids is on Thursday,August 27, 2020, until 3:00 P.M. PUBLIC BID OPENING WILL BE VIA CONFERENCE ONLY Dial-in Instructions: •Dial the Telephone Number: 1 786-636-1480 •Enter the Conference ID No.:531 721 565# All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile,submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. ATTACHMENTS Exhibit A: Civil Revision—Drawing C-7 Paving and Drainage. Reason:Added Fan Guard Detail Exhibit B: Electrical Revision—Drawings E-2 Electrical Site Plan, E-4 Electrical Riser Diagrams and Panel Schedules, E-5 Electrical Details, Reason:Added New Security Cabinet and mounting rack. Exhibit C: REVISED Schedule of Values(A2) III. REVISIONS to Invitation to Bid Summary(additions are underlined): a. Contract Completion Time&Schedule • Days for Substantial Completion:300 calendar days • Days for Final Completion:30 calendar days b. Special Conditions: • Dispose shall mean to remove offsite, reuse, or recycle according to the City of Miami Beach's Construction&Demolition Debris Management Plan submitted by the Contractor • All material removed and milled shall be disposed of at an approved site. • Cost shall include both furnishing and installation of materials. • All construction shall be pursuant to the City of Miami Beach Public Works Manual and Florida Department of Transporation standards and specifications unless otherwise noted • Final Roadway surface shall not have any visible restoration edges in portions of lanes. • Security System: All empty conduits to be supplied with pull strings,with a cap at the end of the conduits and terminate in a pull box. • Seawall Notes: Cost shall include both furnishing and installation of materials. 1 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I AM I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov This cost estimate assumes construction shall be performed water-side All quantities are approximate. Contractor shall be responsible to verify all quantities and inform the City of Miami Beach of any discrepancies. IV. RESPONSES TO QUESTIONS RECEIVED Q1:Are you currently taking meetings/calls with security camera manufacturers now or will do sometime in the future to determine what manufacturer you will move forward with? Al: The City has standardized the camera and equipment manufacturer for all CCTV camera projects. The manufacturer the City uses is Axis Communications. The electrical Sheets E-2, E-4 and E-5(Exhbit B)have been revised to to reflect the security camera connection cabinet and the mounting rack. Q2: The plan on sheet C-3 show the fence on the south Side of the property extended to the east side with a new gate to the end of the property line. Please clarify that the existing fence is to be removed and to be relocated to the inside and to include the extension to the east property line with the new pair of gate,or should we provide a brand new fence for the 220 If fence with the gate. Note this line Item is not shown on the bid form. Please advise where this Item should be included on the Bid form? A2:The question is not clear.The picket fence to the west and north of the property need to be removed,salvaged and reinstalled as shown in the drawings.A new 5 ft aluminum fence shall be installed along the west of the property including a double swining maintenance gate (8 ft total width). On the south and east sides of the property, part of the existing fence shall remain in place. The existing gate must be modifredas into one gate, roll to the east and maintain a 30 ft gate opening as shown in the plans. The gate has been added in the revised schedule of value form (A-2),see Exhibit C. Q3: For the SD-42 trash receptacles, can you please confirm the lid type? The lid shown on the drawing appears to be a tapered formed lid but I wanted to confirm. A3:Standard tapered lid as shown on the plans drawing C-13. Q4: Would it be possible to offer an alternate for the bike racks? If so,a close option would be the BRWS-161 rack, https://www.victorstanley.com/product/brws-161/.Would this be able option? A4: Bike rack specification shall be as depicted in the bid set drawing C-13.Surface mounted. Q5: Can you please confirm the quantities for the site furnishings? • Trash Receptacles:3? • Bike Racks:6? 2 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIAMI B EAC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov A5:Three(3)trash receptacles and Two(2)bike racks. These items are reflected on the revise schedule of value form A-2. Q6: Will you please provide the landscaping SIZE such as Tall, Spread and Caliper? A6:Landscaping size(Tall,spread,and caliper)are shown on the plant list schedule in drawing L-2 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. Si c:rel , Ale ,is Pr•07' ment Director 3 I ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH /V\ I AM I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT A: Civil Revision — Drawing C-7 Paving and Drainage. Reason: Added Fan Guard Detail I 4 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH A E A IONS IN NAVD MI'MbEACH Sc - Sdideat& rt f r/ LAND SURVEYORS - _- CIVIL ENGINEERS -4--.4;,,, -JK -- L➢%LIND PLANNERSGIB] —''-7_�. = --_>� MO CORPORATE FL 8502SV F' • _ - ,• - re (SO)85 roto ti..w . J _ - --' - FII:(]05)852-8281 4-1,-rh L_LI_ c- -fir_ - . -- ` _.. SECTIONNOTES: - — - - — e�� SECTION 'A' - _ - SECTION 'B' '-- - N.TS. - - _ _ - --- -- N.TS. SECT1ONNOTES: _ . - ..- pz 02 mtW am 6 I u r i / BID SET . - /r _ L[r_�r ur--, y= :--_, —_--=--_-.. ---_- .r„..,[„.„„, / /tel • SECTION 'C' SECTION 'D' N.TS. N.T.S. . - C Irg No• C-7 /V\ I AM I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT B: Electrical Revision — Drawings E-2 Electrical Site Plan, E-4 Electrical Riser Diagrams and Panel Schedules, E-5 Electrical Details. Reason: Added New Security Cabinet and mounting rack 5 ADDENDUM NO.I INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH I- MIAMIBEACH PP. ,,,,,,,,,,,,,,,,,,r.,usruuu.. u,,,,,,.ru..rir,..trs:esu.,,,,,,.vu„,,--t,,.,.,.,,,,, ,..vn, „«.,,,,r.,,,y.�,,,,<.,,, ,.,.r�i . LEGEND _ f b , ✓a _ SCHEDULE 40 P.V.C.DIRECT BURIED CONDUIT, �' e'"�”' • (D]- C]�ICIID] —• HAND EXCAVATE AND INSTALLED IN ROCK/EARTH. - 1 _ I _ SEE SITE PLAN AND RISERS FOR SIZE AND e_ 4 i / -.t.-c:.. b—_ t IRRIGATION QUANTITY OF CONDUIT AND CONDUCTORS. ^ CHARGING,-',.. —P %CONTROLLER PR.-'. . D� [I]E CHARGINGr. I �]/ 'LOCATION �'h' SAW CUT EXISTING CONCRETE SIDEWALK, HANG SECURITY-��a STATION ,� —••— EXCAVATE AND PROVIDE AND INSTALL NEW CAMERA.POST+ ,, LOCATION..'"%• _ [B __Q_ '"--"---!..7.',):': a ,. i BY OTHERS) 1SCHEDULE 40 P.V.C. CONDUIT. CONTRACTOR ( , ' r SHALL REPAIR EXISTING SIDEWALK TO MATCHING - I' -- d /'POS P02 � d',• 1, U I EXISTING. SEE SITE PLAN AND RISERS FOR SIZE �F� [9]• 3 _: _ ___-^ b. -________ _ ���=�_ -CK'_•• if37,. AND OUANTRY OF CONDUIT ANO CONDUCTORS. 1J d Id'I ///'��� 21BiIC LD] ;� _ NEW SINGLE ROADWAY STREET LIGHT AND POLE ovNWEA • �"// II/� , WITH A WATT LED PULL BOX,A III AND I/ Yr�;' ".' I� A 10'MOUNTING HEIGHT,PULL BOX,AND A L°at user I-�l; IS' Q_ ,,.; '1!!: PRO CONCRETE BASE.NOTE:ARROW DENOTES AMINO 1,1,0%.---.7„,-Ar I` 0 0 ^� .�2. :` L/ OF FIXTURE.SEE DETAILS FOR ADDITIDNAL f8L(905)f5r-9010 6 I'i'., ,,,:z° O, �':I=.''^`;;t I INFORMATION. £axs(sos�at-etas 4 I`I'. ,- Fed.POLE NUMBER war .. I Q D--__ p, 0. O . �. I `'�T E. 9 D _ _.• NEW SERVICE POINT.SEE DETAIL •` • I`O - ', • •`r - , 1 - 'Q- O NEW FPL PROVIDED SPUCE BOX INSTALLED IN tt Y B] BUD), I I (Bl(C].2 D] I EARTH.PROVIDE 30'OF ADDITIONALTER CABLE I ' �I m06i I � i� QY�_I��'— CT� �-• B}0] �I f SLACK INSIDE SPLICE BOX FOR TERMINATIONS. .�I A231, � O Q CKT' ` T 4*•� '101-`,f,.,;:-/�3' p Q a -`~IS: I O BNEW PULLBOX FACH STANOARDSTALLED IN EARTH PER MIAMI - L , 4. .: KT_. 71 I �' �'' PROPOSE I CABLE/CONDUIT SCHEDULE: "' I I ( 6 SECURITY CAMERA . ..%-. ,I • _ a B POST(BY OTHERS) ,' •� • D 1 ', I P01'T [A]-2e3,1e]NA,2•C a • --' I'Ji J =''j,1• [B]= 1110.1e10N,1#10%2•C I .� ,. - [C] 2•C(CHARGING STATON) Sd ( -I I. -. [D].2•C(SECURITY CAMERA) 1 Q b, I I l 2[ b b 1/-2[R],[4,2101, ,-2[Q].[C].2(0] I b b 0. B] [Bl[D] ``».' t WARNINGIII WARNING!!! WARNINGIII ( t�, —•— _ —• l THEREMM ARE A NUMBER RGRO OF PUBUC UfI PIPES _ • if •�T- - -b-_• b-,._.,__!—.--- }[B],[C],710] IGTIONS, UNDERGROUND CABLES AND PIPE I -- A E • --- �_y- ^ VERY ATTTEMPTE TOR SHOW THE APPROXIIMTEEXLOCATION OF •�.� I '__ - S i'� ALL RQtS. HOWEVER, THE ENGINEER IS NOT RESPONSIBLE I - '' _ r - FOR SHOWING OR LOCATING EVERY ITEM CURRENTLY IN NEW PLACE. R SHALL BE THE RESPONSIBILITY OF THE a Il i - - SECURITY -- CONTRACTOR TO HAVE EVERY REM LOCATED. FLAGGED,AND m .' • 1' T 'i •- CABINET XISTING FPL IDENTIFIED PRIOR TO STARTUP OF CONSTRUCTION. ANY PO I _ A] I AND DAMAGE DONE TO ANY OF THE EXISTING ITEMS SHALL BE s CRT. 'I - NEW /POLE THE RESPONSIBILITY OF THE CONTRACTOR.THE CONTRACTOR S E A-3 ' . SERVICE TRANSFORMER SHALL REPAIR ANY ITEM DAMAGED,CAUSED BY HIS ACTIONS, pp-.-. POINT'A' WITH NO ADDITIONAL COMPENSATION. tl a I .4L' PROPOSED . I, I - I.^ F a}. SECURITY I `•—,..-0 N LB I-. CAMERA POST CALL 4I HOURS 8/ fl 1 I (BY OTHERS) , BEFORE YOU DIG O°II b V 'p I DIALHEBuwI ...ww.irbgA�'r BID SET b 0 IT q;kf'.: -.\ -0 Q 1 _ ( -b. w.,.-...ra..r...,,�,.31[I I: i =UB., '- r ., - - I { POB ' m4 1712181111.— P 0. 0. r ' W t E ..,..... ,• y.:'.1 , 1 I . .r... F.:� O'O I - - __ S Td[LLERS ELECTRICAL Dwg. No: / I'' •'1± L)''`r- . ! " I F ENGINEERING INC. maw NM=AA 7.7177711 IGO E-2 51.3 iJIE+Y-V roo . ,. OF: t ••v Y v ••v MIAMIBEAa 413' W j 15'MIN. ' MIN. , AVAILABLE FAULT CURRENT LABEL - 240V,100A RATED METER IN SECURITY CABINET ADJUST THE SIZE OF471NEMA OR ENCLOSURE TO BE (PROVIDED BY FLUSH 0 a. .., ........ NEMA 4%ENCLOSURE TOINSTALL PER FPL STANDARDS POLICE DEPARTMENT) PHOTOCELL O ACCOMMODATE DIFFERENTAND REQUIREMENTS. , _ .3.1...&& EQUIPMENT SIZES AT NO (NOTE CONTRACTOR SHALL MOUNT NEW METER CAN TO METER AOOTIIONAL COST TONEW ENCLOSURE WITH , P AE'STAINLESS STEEL NUTS "-'--'- OWNER. , BOLLTS AND WATERPROOFND O ' 30 AMP,240V RATED II' METER 60' WASHERS) ' 6 POLE LIGHTING MIN. CONTACTOR IN NEMA CONCRETE FOUNDATION TO /7 DOUBLE DOOR 1 ENCLOSURE BE DESIGNED BY 11 STARLESS STEEL LOCKABLE 3 POINT LATCHING -6--�. ELECTRICAL EQUIPMENT CONTRACTOR.THE ENCLOSURE NEMA SYSTEM WITH REMOVABLE MOUNTING BOARD CONTRACTOR SHALL am.gnaws 40 PANTED WHITE4 CENTER POST. DOOR • INCLUDE THE SHOP LAM PW+Ndnd WITH SUNSHIELD /6' , RIN1M1N1■ DRAWING SUBNTITAL,A Aags7 urs' 4-1/2-DIA%B'STAINLESS ••• J/4'C Iii1LC:1 y�"i B'H X B'D MINIMUM WINO LOADING Ca.CULAITDNr INTI BAIB.AU FAT / ( SIGNED AND SEALED BY A EWE.(BA.rr Irate EMERGENCY BREAK STEEL ANCHORS BOLTS, g EMERGENCY BREAK EWAY IN A NEMA 1 51RUCTUR L ENGINEER TIM 04 1,52-7010 GLASS STATION WASHERS AND NUTS(TYPICAL) g, GLASS STATION ENCLOSURE __ REGISTERED IN THE STATE PIX.Tsss)ses-etM OF FLORIDA SHOWING THAT - - "'_"" ' THE FOUNDATION OF THE IR 4. _ _ Mil 4:.,I IMINIMUM x"+ns e ELEVATOR OF IIIIIIII. ELECTRICAL EQUIPMENT BOTTOM OF WILL MEET THE GNEN WIND PANEL 7.44' IIIU'1.- 1TPMASFORMER •LOADING REQUIREMENT. �® 06 GROUND NAVD OR+9.00'GRADE ' GRADE1 NVCD.s,„, „..-\,. .\ , •.• . .. ,. ., ; ". • • �'�`� it a , • //‘ • ., \SEE .. . .• . SEE GROUND .. • • TO FPLSEE ELECTRICAL SITE PLAN ELECTRICAL \� o ST WELL J� FOR NUMBER OF CONDUITS. TAIL • SITE PLAN (TYPICAL) a FOR NUMBER /R GROUND, q EXISTING FPL POLE OF CONDUITS. 3/4'C GROUND oA Q MOUNTm SIDE VIEW INTERIOR VIEW a 3 12./2.4 1m FRONT VIEW ROD 3/4' NOT TO SCALE NOT TO SCALE TRANSFORMER NOT TO SCALE DA.X 20' SERVICE POINT "A" DETAIL FAULT CURRENT: 1- • • SERVICE POINT "A" INSTALLATION NOTES $ 21.100 AMPS NEW FPL PROVIDED 1°CONTRACTOR SHALL PROVIDE AND INSTALL 1-NEW 316 STAINLESS HAND BLE STEEL NEMA 4X ENCLOSURE.COMPLETE. MA ADJUST THE SIZE OF NE4% ENCLOSURE TO ACCOMMODATE DIFFERENT EQUIPMENT SIZES AT NO FAULT CURRENT /3, 103 N/C,2'C ADDITIONAL COST TO OWNER.SEE DETAILS FOR ADDITIONAL INFORMATION. CALCULATION CONTRACTOR SHALL FOR PANEL A AT COORDINATE WI H POLICE I 4'ALUMINUM Q2 CONTRACTOR SHALL PROVIDE AND INSTALL 1-NEW 100 AMP, 240V, 1 APPROXIMATE O NEW DEPARTMENT,PRUDE AND I TUBE OR PIPE PHASE METER CAN IN A NEMA 3R ALUMINUM ENCLOSURE MOUNTED ON 1 DISTANCE OF 50' METER OO EMERGENCY INSTALL SUPPORT RACK V� W/CAP ON TOP(TVP) EXTERIOR OF NEW NEMA 4% ENCLOSURE PER FP&L STANDARDS AND m rL FROM BRFAKCLRS FOR SECURITY CABINET. REQUIREMENTS. MAKE ALL CONNECTIONS NECESSARY FOR A COMPLETE TRANSFORMER _ STATION� CONTRACTOR SHALL ` SECURITY WORKING STSIEM IN PLACE.SEE DETAILS FOR ADDITIONAL INFORMATION. 8.540.9 AMPS_ 1-/6C X203, 1/3 RIG,2'L B PROVIDE A NEW 120V, CABINET ■I 1 5/B'S.S.UNISTRUT O PROVIDED W/S.S.HARDWARE ©CONTRACTOR SHALL PROVIDE AND INSTALL IN THE NEW STAINLESS S RECEPTDINA INWTH CABINET,COORDINATE FOB , BY STEEL NEMA 4% ENCLOSURE 1-NEW 100A RATED, 240V, SERVICE 2010,1/10C,J/4'C- 2112, POLICE DEPARTMENT FOR POLICE I� MINIMUM ELEVATION OF ENTRANCE RATED, 1 PHASE PANELBOARD 42K AC WITH A 100A MAIN g Ll! FINAL LOCATION. I. DEPARTMENT) . BOTTOM OF CABINET BREAKER IN A NEMA I ENCLOSURE WITH AN EXTERNAL SURGE R •�• 4110, 11100, 1'C PANEL A {SPD I 1(j12C,-m i/ 7.44'NAVA OR+9.00' PROTECTIVE DEVICE IN A NEMA 1 ENCLOSURE. MAKE ALL CONNECTIONS O A 3/4'C NVGD. NECESSARY FOR A COMPLETE WORKING STSILM IN PLACE.SEE DETAILS _Liu WINDLOADING NOTE: AND SCHEDULES FOR AOBIONAL INFORMATION. ELECTRICAL EQUIPMENT RACK PE q LC-1 TC INSTALLATION SHALL MEET FLORIDA 4 CONTRACTOR SHALL PROVIDE AND INSTALL IN THE NEW STAINLESS BID SET 2#12,1 ® 7O I BUILDING CODE WINO LOADING STEEL NEMA 4% ENCLOSURE 1-NEW 30A, 4-POLE, 500V RATED Q O REQUIREMENT OF 170 MPH WITH ELECTRICAL HELD LIGHTING CONTACTOR WITH 120V RATED COIL LN A, 2/12' LAPPROPRIATE WIND GUST FACTOR FORPAINT BELOW GRADE NEMA 1 ENCLOSURE WITH AN EXTERNAL(TO LIGHTING CONTACTOR)HOA3/4C 1#12GC 2012,1/12G,3/4'C CONTRACTOR SHALL IBWTHE LOCATION OF OETON SHTHE OPWITH TWO COATS OF SWITCH AND PHOTOCELL MAKE ALL CONNECTIONS NECESSARY FOR A3/4X4/10, ASPHALTUM PAINT IDRAWING SUBMITTAL, A WIND LOADING0 4 ABOVE GRADE OS FOR AODITIONALCOMPLETE KINFORMATIONSYST .IN PLACE. SEE DETAILS AND SCHEMATICSny 316 STABLE S STEEL STRUCTURAL ENGINEER REGISTERED N (TYPImo) CONTRACTOR SHALL PflOVIOE AND NSTALL IN THE NEW STaNLAS2'C NEMA 4%ENCLOSURE THE STATE OF FLORIDA SHOWING TAT .. . IIUUUIL' I STEEL NEMA 4%ENCLOSURE 1-NEW MINIMUM OF 36YH X B'H%U'D THE ELECTRICAL EQUIPMENT RACK . WIREWAY IN A NEMA 1 ENCLOSURE. ADJUST SIZE AND LENGTH WIREWA 5 INSTALLATION WILL MEET THE GIVEN I I WIND LOADING REQUIREMENT. ©ACCORDINGLY.SEE DETAILS FOR ADDITIONAL INFORMATION. , ma POEM- GRADE CONTRACTOR SHALL PROVIDE AND INSTALL A GFCI 120V, 20A DUPLEX RECEPTACLE AND MAKE ALL CONNECTIONS FOR A COMPLETE WORKING CRAWL en--119- •3-2'O� 20A.120V, 2010, 0-2010, -2/10, m-2'C X2010, EARTH �j STSICM IN PLACE. .,. MOTOR 1010G, 101DO, 1/105, 1/106, RATED 2-C 2'C 2"C 2'C CONTRACTOR SHALL PROVIDE AND INSTALL NEW 120V,TINECLDOK AND rma•1a - LL TO SERVICE • °MAKE ALL CONNECTIONS FOR A COMPLETE WORKING SYSTEM IN PLACE. wa: _ SPARE SWITCH X2010, YAC 3: D I�I SECURITY POINT A "^bM"�"ID1111ID- COONNDUITS ❑ 12/COG }5RE( SITE FUTURE CABINET GROUNDING I 'III CONTRACTOR SHALL PROVIDE ANO INSTALL NEW BREAK GLASS STATION 'E_•�0 AND MAKE ALL CONNECTORS FOR A COMPLETE WORKING SYSTEM IN INSTALLED IRRIGATION LIGHTS LIGHTS ELECTRI PLACE. m..A'•uum• OUTSSEE RISERS SERVIIDE E CONTROLLER (ID-1.90V ND=2.IORJ LHMG 2'C FOR CONDOR Dwg. No: POINT SERVICE POINT "A" RISER Il❑E 6 GROUND REQUIREMENT ENKILLERS GINEERING,ELECTRICAL =7°" E-4 NOT TO SCALE CAMERA LOCATIONS, BACK VIEW ia.WON..1/010m,X00 SEE SITE PLAN NOT TO SCALE @• o a®. OF:33 MIAMIBEAa-I 0 /1(......' CONCRETE POST IIII '•—_—•_-^-- MULT1TAP CONNECTORS IN NO. 11—RRTFI CASTTIIRRON O UN-19.0.0 HANDHOLE (30"X40"X90") UN-19.0.0 FOR CONNECTING 2 TO 5 SERVICES -_ WT.-1261 CO AND 1/0 PRIMARY SPLICE BOXJ a,p pp S ,q ( tii (��eAwf�r�RE uULmAP9 b' .1.1,8 ‘ /;;;...... :,...., SI"` , .III CIlCLCIIl�Y \ /�` ,..it ]1:41;"/....L.,2.. ' CAST IRON RING /B GROUND Iii A '�^ YL WITH OFTING \' 4— /. NO.1-Ri BODY 1]/a/ SOCKETS /II SECONDARY -_`- SERVICE NT.-5611 _ FlNISM GRADE �T��������� qq 7 sEAACE '� ' also satre,inC Ip / rolls -'��� �, // —FUSE' CALDER FUSE N7'. ,�� MIL.dWCIMSERS WPM/ � �- /v4Z/ \. RECEN et SEALFOR STREET ¢ -'^�� MECHANICAL BURNOY /AND PLUMES // \\ REOUIRFO(DCS M-7.O.t) ' �' MULTI-CONDUCTOR LW, �� \ / EEO GOA,JL T EI H0 � COPPER CLAMP +0 WRPOAArs rAr E 4 INSTHUTN)!d TRAIN ENE GNLEG WILL ACCOMODATE PS NOTE GRADE.INSTALL GM MUURA CONNECTORS. 26L:(!05)05!-2010 5-PVC 2 NNOCKOUIS THEN INSTALL INSIDE NVIID OLE PROVIDE 3 4' II 12- I PLC TlOfJ6S0-8E&f EACH SAE CONNECIIDN p1AGRPN '•" It' ROCK BOSS 03/4'DIAx20' COPPER HANDNOLE ELEVATION (E%PANDEo (2;FY1� / CUD GROUND ROD WITH ,R......� ., HANONOLE USW FDR ^ � OUNDAPPROCO BRONZE slmc ^ J 4,:• GROUND CONNECTOR SECONDARY SERYICC (�QN o • Q IRRIGATION CONTROLLER DISCONNECT ARTVO LYE SWITCH DETAIL T9' `�r•"'--•�, GROUND ROD 3/4' GROUfi NOE WIRE NOT COPPER NOT TO SCALE _ \51��� ka \\4DIA X 20'-0• IAlSPLICEFDR SPLICE s SEE Ws 1111�- IRRIGATION CONTRO_ DISCON • S: GROUND TESTED WELL DETAIL 0 CONTRACTOR SHALL PROVIDE AND INSTALL 20 AMP MOTOR / . IA.ILSATAN SEWL NOT TO SCALE RATED SWITCH IN A NEMA 4X 316 STAINLESS STEEL ENCLOSURE.RANDHOLEITHO YAY 0E URPO CE OMAKEPER ALL NECESSARY CONNECTIONS FOR A COMPLETE Nm¢ DR WITI1011T COVER IN PLACE ``�� OPERATIONAL SYSTEM IN PLACE. Q WYIWu 1 SEWNS,.RT CONOUO WVM]TO S SERVICES. efHNIDHOLE ELEAI3.OAmTER]GROUNDING 0 THE RETECONTRACTORST, SHALL PROVIDE SI AND THE INSTALL THE NEW 3.PRPADE ROCTO RG S ANY OA GREATER THAN 89Ni, CONCRETE POSE,ADJUST THE E OF THE CONCRETE ATEPOSETT HANOHOLE USED AS A 1/0 PRIMARY SPACE BOX DISTAL DROM O RODS AT TEE 45' TLSTCLES TO GRNILm AT NO ADDITIONAL COST TO THE OWNER TO ACCOMMODATE THE M THEEU COLE.s A IMMO.E s DENT IRSTA1AS.INA RUN FOR BURIAL DEPTH EQUIPMENT SIZE,WI NOLOAD REQUIREMENTS AND 100'YEAR tancRcu¢"R00 RAW BOOS W THE RUN.CURING PITO A N MINIMUM FLOOD REQUIREMENT. LOOP TO EOn PITO A CUL-DE-SAC,REPAIRING A DIG w, EXAM Em.)MERE Is Ho MEP FOR THE GROUND RODS FOR 750 SEAL 4. a-FOAL MUM.CONNECTOR NOS O-AOSN17-501 WILL EXOTHERMIC 0 CONTRACTOR SHALL PROVIDE ANO INSTALL GROUNDING FOR ALL 8 I (I ID ACCOMODATE COX ANO]100-/J50 ACM COPPER OR CONNECTION METAL SUPPORTS AND EQUIPMENT ATTACHED BY A MECHANICAL N l�`STl1�T�I�L�[ LUG AND BOLTED TO EQUIPMENT AND CONNECTED TO X N.WEIGHT ©u®ouFii BOPm LI DO LEIS ID w BD LES EACH / / GROUNDING SYSTEM. m ER7 G I STNS: '{//���L,,.���IT'II COVER MAY RE LAM MIN THE HANOHME UD LIFTER �J MOON)TOOL IOD OM-930-011. S. uPLEiC HAMMOLE MUMS COVER NLS/181-111-004. /' a REPLACEMENT COVER NOS A181-111-0I1. �• ' TAPEISO 1440E ONO.SAND NOT BE pFVSFD TO VEMKUtIA TRAFFIC. ��, BARE TINNED COPPER m —,—'-JI SUCH AS STREETS,PAVING LOIS,OR ORMWAYS. MULTITAP CONNECTOR W.1HJ-OI2-501 10.FOR ORIVEYMY LOADING NAMMOLE]1.11SOY]8'DEEP,USE NES FLOOD SEAL /101-111-891.(UX-102A.0)APPROXIMATE WEIGHT 1.88]LBS. • •.A// 4 s II PANELA SCHEDULE F3S At T/./o ViMIE HOfE MR p5 RVN ® 1 RUSPMPS BUS NUS AMPS IS // '11=NOTE A ARR ELS AO FPL A B CIRCUIT NAME POLES HAPS 1 AMPS POLES CIRCUIT NAME A N M 0/,el08 UPDATE NOTES Els N OH &DG DISTRIBUTION SYSTEM STANDARDS N GROUND ROD C SITE UUHTING 20 1 : 40 2 FITTURE CAR CHARGE STanoN•• 30 54 w a',e/E UPDATE DATES IMO Cts AM SUPERSEDES UN-190.0 UST REVISED ON 9-JO-94 ': 5 WAN. UPDATE NOTES Axl ELS AAA SHALL BE 5/B'X 4 SITE LIGHTING 20 3 A I I I 30 3 7/18/01 UPDATE ADAM(NOTES) PAP 4(5 AM aAEAUTOc DIS IRAN Nr.sus B'(MIN) 1.5 RECEPTACLE 20 20 1 IRRIGATION CONTROLLER U.S 1 9/17/99 UPDATE DRAMAS(NOTES) RAP XS .IVU COPPERWELD(OR - � 6 BID SET I 8/09/88 AWED EMS L NAM 9.,10.L Il sus ��/-0/W ARRC\@ b SCALE EQUIV.) 1.5 TIMEPARE/LC 30 20 1 SECURITY CABINET 1.5 so=OM PfAOVtT SPARE 20 9 10 20 1 SPARE NO. PACE RP.. ONO Mum APR. sEr✓ais USE 3/4'X 20' GROUND ROD FOR SPARE 20 11 12 20 1 SPARE ^^^^^^^^^^^^^^^^^^^^ SERVICE POINT IfII — SPARE 20 13 1a 20 1 SPARE _ CONNECTION SPADE 20 a 19 20 1 SPARE SPARE 20 D la 30 2 SPD • SPARE 20 19 20 1 I I 1 ❑ GROUND ROD DETAIL C01-1-r CKT.A-1 NOT TO SCALE TOTAL AMPS: 1 1T TT XVIt BO E•601,wren Ltee 1 POLE ❑ - m0 1m� 2222® • MAO Ia..nP ,On •m 0M am IS., m�0 DAianOALMPs .1m 022s PAIN o_I ..e. .s,HA,. ORUTn II ❑ NA Nus •10.0152, a.= •cm USI�•ANG I•A WORLMCHluwmDN: AWARTA COl-21 CKT.A-J LUT NAu.ERIWtr E5 01.f Un Tme ••e•• FYFn Mama IR ONem.usFAR ,. 0 1 POLE T ❑ _ CIRCUIT OVWN Axa ONLY IN�MLxwu uws•aPGTER o.3 rO eEOI N - FUTURE ELECTRICAL CAR CHARGER LOAD IS BASED OF THE BLINK LEVEL 2 PEDESTAL EV CHARGER.MAXIMUM M A m. 00 1 0 ..1211111.121 ,• INPUT CURRENT PER MANUFACTURE IS JO NAPS.INFORMATION HAS BEEN PROVIDED BY THE CITY OF MIAMI BEACH. �c-s.a.9 . :00 M E ® COI-31 SPARE NOTES' SERVICE POINT "A" LOAD CALCULATION DTP...Due. 2 POLE T ❑ — PANEL A MAIN BREAKER LLERS ELECTRICAL OWE. Nos PHOTOCELL SHALL BE A SHUNT TRIP 37.0A•1.25=4B.25A ENGINEERING. INC. _ STYLE BREAKER MINIMUM SIZE MAIN BREAKER=50A L®7 RATe QWD 7 NIII t00 LIGHTING CONTROL SCHEMATIC LC1MAIN BREAKER FOR SERVICE= 100A SOCA EAU 0 MAMA Runt 1 NOT TO SCALE QQ!!��� ulSdomEm OF:33 M I AM I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT C: REVISED SCHEDULE OF VALUES (Form A2) 6 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I AMI B EACH 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) GENERAL CONDITIONS I Indemnification Allowance 1 LS $25.00 $25.00 2 Mobilization/Demobilization/MOT 1 LS $ $ 3 General Conditions, Bond and Insurance 1 LS $ $ 4 Bond and Insurance 1 1 LS $ $ DEMOLITION 4 Remove exisiting picket fence and 275 LF $ $ 5 relocate 6 Remove exisiting chain link fence and 222 LF $ $ 6 dispose 6 Remove existing sidewalk and 110 SF $ $ 7 dispose 7 Remove existing asphalt and dispose 835 SY •$ $ 8 & Sawcut and remove existing curb and 50 LF $ $ 9 gutter 9 Tree Transplant 4 EA $ $ 10 48 Clearing and Grubbing including trees 1 LS $ $ 11 and shrub removal and dispose SITE WORK 44 Site grading 1 LS $ $ 12 (2) 1" Lift of Type SP-9.5 Asphalt Fine 700 SY $ $ 42 Mix installed per FDOT Standard 13 Specifications(Tack coated) 8" Limerock Base, Min. 100 LBR, 589 SY $ $ compacted to 98% maximum dry 43 density per AASHTO T-180(Primed & 14 Tack coated) 12" Stabilized Subgrade, Min.40 LBR, 1,150 SY $ $ 44 compacted to 98% maximum dry 15 density per AASHTO T-180 4" Concrete sidewalk, including 490 SF $ $ 45 stabilized subgrade(3,000 psi 16 concrete) Concrete driveway(6")per FDOT 1 EA $ $ (includes curb and gutter and sidewalk 46 of 4,000 psi concrete wl wire 17 reinforcement) 47 Type D Concrete Curb 350 LF $ $ 18 7 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIAMI B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 12"x 8" Header Curb wl(4)#4 steel 70 LF $ $ 43 reinforcing rods cont. w/#3 stirrups @ 19 30"o.c. 49 6"x 24"Concrete Curb w/(2)#5 rebar 565 LF $ $ 20 28 6"x 18" Concrete Band w/(2)#5 325 LF $ $ 21 rebar 21- 10" Ballast Rock-pervious concrete at 470 SY $ $ 22 parking stals 22 8" Pervious Concrete-parking stals 470 SY $ $ 23 23 Bricks Paver Driveway, per CMB 220 SF $ $ 24 Public Work Detail RS-2 24 #57 Stone(behind privacy wall) 22 CY $ $ 25 2& Limerock or#57 Stone (fill between 24 CY $ $ 26 seawalls) 5'Aluminum Picket Fence(Along 225 LF $ $ Canal)with a 5'-tall x 4'-wide Double 27 Aluminum Picket Gate (8'wide totall Modify/Reinstall gate entry at lift 1 EA $ $ 28 station Trash &Recycling Receptacles on 3 EA $ $ 29 Concrete Pad 30 5'x6'Concrete Pad for Bicycle Racks 1 EA $ $ 31 Bike Rack 2 EA $ $ PAVEMENT MARKING&SIGNAGE 24 Signs 15 EA $ $ 32 27 Sign Posts 10 EA $ $ 33 23 Striping 1 LS $ $ 34 29 Install detectable warning 1 EA $ $ 35 DRAINAGE 39 Drainage Pipes(furnish and install) 312 LF $ $ 36 34 Catch basins 5 EA $ $ 37 32 6"Trench Drain w/6" Concrete Collar 20 LF $ $ 38 Drainage Well complete 2 EA $ $ 33 39 8 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIAMI B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov WATER 2"Water Service(irrigation)w/meter 1 EA $ $ 34 (includes trenching and pavement 40 restoration) 35 Vaccuum breaker w/cage&conc. 1 EA $ $ 41 pad ELECTRICAL 36 Provide and install one 2"schedule 40 1,425 LF I $ $ _ _42 PVC conduit g Provide and install#3, 600V, XHHW, 250 LF $ $ 43 installed in conduit 36 Provide and install#10, 600V,XHHW, 2,100 LF $ $ 44 installed in conduit Provide and install lighting service 1 EA $ $ point and splice box(to be provided 30 by FPL), complete including FPL 45 coordination 40 Provide and install new electrical pull 6 EA $ $ 46 box in earth, complete Provide and install new parking lot 8 EA $ $ 44 light fixture, pole and pullbox complete 47 in place LANDSCAPING 42 Silver Buttonwood 6 EA $ $ 48 • 43 Jamaican Caper 42 EA $ $ 49 44 Simpson's Stopper 10 EA $ $ 50 45 Wild Tamarind 2 EA $ $ 51 46 Golden Creeper 508 EA $ $ 52 4-7 Green Island Ficus 23 EA $ $ 53 46 Wild Coffee 166 EA $ $ 54 48 Coontie 9 EA $ $ 55 50 Red Tip Cocoplum 226 EA $ $ 56 • 54 Muhly Grass 261 SF $ $ 57 52 St.Augustine"Floratam" 4,700 SF $ $ 58 9 I ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I AMI B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 52 Planting Soil(80% Silica Sand, 20% 60 CY $ $ 59 Everglades Muck) 54 Amerigrow Pine Bark Brown Mulch 20 CY $ $ 60 55 Gumbo Limbo 7 EA $ $ 61 56 Crepe Myrtle 3 EA $ $ 62 57 Clusia 51 EA $ $ 63 56 Landscaping Irrigation 1 LS $ $ 64 STRUCTURAL 59 Precast Concrete Privacy Wall 145 LF $ $ 65 SECURITY 60 Concrete Post 12'tall 3 EA $ $ 66 64 Provide and install one 2"schedule 40 500 LF $ $ 67 PVC conduit direct buried in place 62 Provide and install one rack/support 1 EA $ $ 68 for security cabinets SEAWALL 66 Seawall 220 LF $ $ 69 67 Fan Guard 2 EA $ $ 70 68 Boulder Rip Rap(2' 0) 130 CY $ $ 71 69 Limerock or#57 Stone(fill between 24 CY $ $ 72 seawalls) 70 12" C-PVC Pipe (Extension through 3 LF $ $ 73 new seawall) 74 Connection to Existing Pipe 1 EA $ $ 74 72 Manatee Grate 1 EA $ $ 75 72 Additional Grading/Fill due to seawall 18 CY $ $ 76 74 Turbidity Curtains 400 LP $ $ ALTERNATE A Furnish and Install a new 6'aluminum 150 LF $ $ picket fence(to match existing) around pump station in lieu of r 77 proposed salvaged fence. Existing I .9•1•3 10 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I A IV\ I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov gate to be replaced with a new rolling •ate onl roll east . TOTAL BASE BID AMOUNT (Line Items 1-74 77) $ I 11 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of the ITB. Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked ( ❑x ). 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.: Surface Lot and Seawall.at Biscayne Beach—8100 Hawthorne Ave ITB Title: 2020-237-AY Date of Issuance: I July 28,2020 Project Description& The scope of work comprises of the construction of a new surface parking lot on Ctiy owned Scope of Work: property. A sanitary sewer lift station is located within a portion of this site. The components associated with the parking lot are reflected on the design documents and include, but are not limited to the following: • 28 Parking spaces including two (2) handicap accessible parking stalls and pavement marking; • installation of the infrastructure, conduits and plugs for future vehicle charging station; • landscaping and irrigation system; • lighting system including service point and connection to the FPL power source; • screening around existing lift station; • drainage system including drainage wells; • infrastructure for future police security camera installation; • site furnishing(trash receptacol and recycling bins,dtc.) • fencing; • concrete privacy wall; • pervious concrete for parking stalls; • new raised seawall. Specifications are further detailed in Appendix D. Project Location: Surface Lot at Biscayne Beach—8100 Hawthorne Avenue, Miami Beach, FL 33141 Estimated Budget: $900,000.00 Procurement Contact: Name:Arju Yudasto Telephone:305-673-7490 ext.26695 Email:ariuyudastona miamibeachfl.gov Cone of Silence: Bidders are hereby advised that, pursuant to Section 2-486 of the City Code,this solicitation is under the Cone of Silence law. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. Reference: Section 0400, Solicitation Terms and Conditions Important Dates Due Date&Time for Bid The deadline for submittal of bids is 3:00 PM,on August 27,2020 Submittal: Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for Due date may be modified by assuring that bids are received by the deadline. addendum to the ITB.It is important that bidder download all addenda. Dial-in Instructions: • Dial the Telephone Number:+1 786-636-1480 • Enter the Meeting Number:531 721 565 and then press the pound(#)key Pre-Bid Conference: Date:August 5,2020 Time: IMMEDIATELy FOLLOWING SITEVIS IT BELOW ® Pre-Bid Conference will be held. Dial-in Instructions: Dial the Telephone Number:+1 786-636-1480 ❑ Pre-Bid Conference is Enter the Meeting Number:270 387 437 and then press the pound(#)key Mandatory. Reference: Section 0100, Sub-section 6,Pre-Bid Interpretations. ❑ A Pre-Bid Conference will not be held. Site Visit: Date: August 5,2020 Time: 9:30 AM ❑ Site Visit will be held. Location: 8100 Hawthorne Avenue, Miami Beach, FL 33141 ❑ Site Visit is Mandatory. ❑ Site Visit will not be held. Last Day for Receipt of August 17,2020 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 ariuvudasto@miamibeachfl.gov,with a copy to the City Clerk rafaelgranadona.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 to be considered for award. Submittal Requirement:Bidder:Submit License Number. 2. Previous Experience of Bidder(Firm). Bidder and/or it's principals must have three (3)projects,successfully completed or near completion,of similar scope and budget within the last five (5) years: Similar scope shall be defined as construction, renovation and/or enhancements of a surface parking lot, which may include landscaping, hardscape, irrigation, drainage systems, pedestrian lighting, paving and resurfacing. 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. 3. Previous Experience of Bidder (prime or sub-contractor) — Marine Construction. Bidder or subcontractor's principals must have experience with three (3) marine construction projects, successfully completed or near completion, of similar scope and budget within the last five (5) years. Similar scope shall be defined as construction and/or renovation of seawall systems. 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. A copy of the Bid Bond must be submitted through BidSync and the original must be mailed to the following address below.Failure to submit the original within seven(7) days of request shall result in bid 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 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: The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of ®Shall apply. proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, ❑ Shall not apply. which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as 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 $1,000,000 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 Contractor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site, which is to be used (installed into a building or structure)in the Project. (City of Miami Beach shall 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.) E. Umbrella Liability Insurance in an amount no less than $2,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), 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 do 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. Special Conditions: • Dispose shall mean to remove offsite, reuse, or recycle according to the City of Miami Beach's Construction & Demolition Debris Management Plan submitted by the Contractor • All material removed and milled shall be disposed of at an approved site. • Cost shall include both furnishing and installation of materials. • All construction shall be pursuant to Florida Department of Transporation Department standards and specifications unless otherwise noted • Final Roadway surface shall not have any visible restoration edges in portions of lanes. Seawall Notes: • Cost shall include both furnishing and installation of materials. • This cost estimate assumes construction shall be performed water-side • All quantities are approximate.Contractor shall be responsible to verify all quantities and inform the City of Miami Beach of any discrepancies. Contract Completion Time& Days for Substantial Completion: 300 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. As long as below the threshold Minimum%of Self-Work Minimum%of the Work Contractor self-perform with its own forces: 40% Requirement: See Section 0400,Terms and Conditions of the Contract. ® Shall apply. ❑ Shall not apply. Performance&Payment See Section 0400,Terms and Conditions of the Contract. Bond Requirements: ® Shall apply. ❑ Shall not apply. 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 As long as under threshold Required Licenses/Permits: LICENSES: If the Contractor is a State of Florida Certified General Contractor the following will be required: ® Shall apply. 1. Copy of State Contractors Certification ❑ Shall not apply. 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. A. Class V Drainage Well Permit if required 4. B. NPDES(National Pollutant Discharge Elimination System) if required 5. Miami-Dade Department of Environmental Resources Management(DERM),if required. a. Dewatering permit if required 6. Florida Power and Light(FPL),if required. 7. 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: Schwebke Shiskin&Associates. Departmental Contract Daniel F. Cevallos Manager: Submittal Requirements Submittal Location: Bids will be submitted ELECTRONICALLYONLYthrough www.bidsync.com. Submittal Format& Bids are to be submitted ELECTRONICALLY ONLY,contain all information, and organized Requirements: in accordance with Section 0300, including: TAB 1: 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 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 submitted through BidSync and the original must be mailed to the following address below.Failure to submit the original within seven (7) days of request shall result in bid 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. TAB 3: OTHER BID FORMS Submit any other form requested on the ITB Summary,including but not limited to: 1. Schedule of Values Form,APPENDIX A,Form A2. 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- BID PRICE FORM&SCHEDULE OF VALUES APPENDIX B - PRE-AWARD FORMS APPENDIX C-CONTRACT FORM APPENDIX D - LIST OF PLANS &SPECIFICATIONS APPENDIX E - 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.bidsvnc.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. Electronic 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 any possible delay. 8. Bid Bond. If the Invitation to Bid Summary specifies that a bid bond is required, Bidder shall submit, WITH ITS BID (fully executed), 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 copy of the Bid Bond must be submitted through BidSync and the original must be mailed to the following address below. Failure to submit the original within seven(7)days of request shall result in bid 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 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 B 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 III, 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. 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. Balance of Pape Intentionally Left Blank SECTION 0300— ELECTRONIC BID SUBMITTAL FORMAT 1. ELECTRONIC RESPONSES (ONLY). Electronic responses to this ITB are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Proposer to ensure its proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder to submit a bid in response to a City of Miami Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (bid format indicated below). All bid submittalsreceived and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted.Bids will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. 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. The City will only consider the latest version of the bid. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. 1. Bid Submittal Questionnaire (completed and submitted electronically) 2. Bid Price Form, Form Al 3. Bid Bond (Fully Executed) 3. OMITTED INFORMATION. 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 or Bid Bond (if applicable), shall be deemed non-responsive. Bidder must submit any other omitted documentation within three(3)business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the in the review of bid submittals, it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified in the below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the"Line Items"attachment tab in BidSync. TAB 1: 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 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. 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. TAB 3: OTHER BID FORMS Submit any other form requested on the ITB Summary, including but not limited to: 1. Schedule of Values Form, APPENDIX A, Form A2. Balance of Page Intentionally Left Blank 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 4/13/20), incorporated herein, located at: https://vwwv.m iam ibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, bidder agrees that all work shall be bound by and in compliance with the Terms and Conditions for Construction Contracts (dated 4/13/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank APPENDIX A M I AM I BEACH Bid Price Form Al MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. Schedule of Values (A2) MUST BE SUBMITTED WITH THE BID OR WITHIN THREE (3) DAYS OF THE REQUEST BY THE CITY. Bid Price Form (Al) 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 A2 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 A2 $ 'Allowance for Trench Safet Act $25.00 Permit Allowance $10,000.00 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 (A2) Pa•e 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 (A2) 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 1 M Unit Cost (Quantity_X_Unit_Cost) GENERAL CONDITIONS 1 Indemnification Allowance 1 LS $25.00 $25.00 2 Mobilization/Demobilization!MOT 1 LS $ $ 3 General Conditions,Bond and Insurance 1 LS $ $ DEMOLITION 4 Remove exisiting picket fence and relocate 275 LF $ $ 5 Remove exisiting chain link fence and dispose 222 LF $ $ 6 Remove existing sidewalk and dispose 110 SF $ $ 7 Remove existing asphalt and dispose 835 SY $ $ 8 Sawcut and remove existing curb and gutter 50 LF $ $ 9 Tree Transplant 4 EA $ $ Clearing and Grubbing including trees and 1 LS $ $ 10 shrub removal and dispose SITE WORK 11 Site grading 1 LS $ $ (2)1"Lift of Type SP-9.5 Asphalt Fine Mix 700 SY $ $ installed per FDOT Standard Specifications 12 (Tack coated) 8"Limerock Base,Min. 100 LBR,compacted 589 SY $ $ to 98%maximum dry density per AASHTO T- 13 180(Primed&Tack coated) 12"Stabilized Subgrade,Min.40 LBR, 1,150 SY $ $ compacted to 98%maximum dry density per 14 AASHTO T-180 4"Concrete sidewalk,including stabilized 490 SF $ $ 15 subgrade(3,000 psi concrete) Concrete driveway(6")per FDOT(includes 1 EA $ $ curb and gutter and sidewalk of 4,000 psi 16 concrete wl wire reinforcement) 17 Type D Concrete Curb 350 LF $ $ 12"x 8"Header Curb w/(4)#4 steel 70 LF $ $ 18 reinforcing rods cont.wl#3 stirrups @ 30"o.c. 19 6"x 24"Concrete Curb w/(2)#5 rebar 565 LF $ $ 20 6"x 18"Concrete Band wl(2)#5 rebar 325 LF $ $ 10"Ballast Rock-pervious concrete at parking 470 SY $ $ 21 stals 22 8"Pervious Concrete-parking stals 470 SY $ $ Bricks Paver Driveway,per CMB Public Work 220 SF $ $ 23 Detail RS-2 24 #57 Stone(behind privacy wall) 22 CY $ $ 25 Limerock or#57 Stone(fill between seawalls) 24 CY $ $ PAVEMENT MARKING&SIGNAGE 26 Signs 15 EA $ $ 27 Sign Posts 10 EA $ $ 28 Striping 1 LS $ $ 29 Install detectable warning 1 EA $ $ DRAINAGE 30 Drainage Pipes(furnish and install) 312 LF $ $ 31 Catch basins 5 EA $ $ 32 6"Trench Drain w/6"Concrete Collar 20 LF $ $ 33 Drainage Well complete 2 EA $ $ WATER 2"Water Service(irrigation)w/meter 1 EA $ $ 34 (includes trenching and pavement restoration) 35 Vaccuum breaker w/cage&conc.pad 1 EA $ $ ELECTRICAL Provide and install one 2"schedule 40 PVC 1,425 LF $ $ 36 conduit Provide and install#3,600V,XHHW,installed. 250 LF $ $ 37 _ in conduit Provide and install#10,600V,XHHW, 2,100 LF $ $ 38 _ installed in conduit Provide and install lighting service point and 1 EA $ $ splice box(to be provided by FPL),complete 39 including FPL coordination _ Provide and install new electrical pull box in 6 EA $ $ 40 earth,complete Provide and install new parking lot light 8 EA $ $ 41 fixture,pole and pullbox complete in place LANDSCAPING 42 Silver Buttonwood 6 EA $ $ 43 Jamaican Caper 42 EA $ $ 44 Simpson's Stopper 1• 0 EA $ $ 45 Wild Tamarind 2 EA $ $ 46 Golden Creeper 5• 08 EA $ $ 47 Green Island Ficus 23 EA $ $ 48 Wild Coffee 166 EA $ $ 49 Coontie 9 EA $ $ 50 Red Tip Cocoplum 2• 26 EA $ $ 51 Muhly Grass 261 SF $ $ 52 St.Augustine"Floratam" 4,700 SF $ $ Planting Soil(80%Silica Sand,20% 60 CY $ $ 53 Everglades Muck) 54 Amerigrow Pine Bark Brown Mulch 20 CY $ $ 55 Gumbo Limbo 7 EA $ $ 56 Crepe Myrtle 3 EA $ $ 57 Clusia 51 EA $ $ 58 Landscaping Irrigation 1 LS $ $ STRUCTURAL 59 Privacy Wall 145 LF $ $ SECURITY 60 Concrete Post 12'tall 3 EA $ $ Provide and install one 2"schedule 40 PVC 500 LF $ $ 61 conduit direct buried in place 62 Concrete Post 12'tall 3 EA $ $ SEAWALL 66 Seawall 220 LF $ $ 67 Fan Guard 2 EA $ $ 68 Boulder Rip Rap(2'0) 130 CY $ $ 69 Limerock or#57 Stone(fill between seawalls) 24 CY $ $ 12"C-PVC Pipe(Extension through new 3 LF $ $ 70 seawall) 71 Connection to Existing Pipe 1 EA $ $ 72 Manatee Grate 1 EA $ $ 73 Additional Grading/Fill due to seawall 18 CY $ $ 74 Turbidity Curtains 300 LF $ $ TOTAL BASE BID AMOUNT (Line Items 1-74) $ All quantities are approximate. Contractor shall be responsible to verify all quantities and inform the City of Miami Beach o' an discrepancies. In addition please refer to Invitation to Bid Summary for additional special conditions. Bidder: Initials: APPENDIX B M I AM I BEACH Pre-Award Forms B1 Bid Bond MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. BID BOND (B1) Page 1 of 2 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. BID BOND (B1 ) Page 2 of 2 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 C MIAMI BEACH 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 D MIAMI BEACH Plans & Specifications APPENDIX E MIAMIBEACH Post Award Forms MIAMI BEACH FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract;then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials,or supplies shall,within ninety(90)days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials,or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions(2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)was(were)duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary(on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by PERFORMANCE AND PAYMENT BOND FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name)dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one(1)year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one(1)year after the Final Completion of the Project by the . (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce(1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within fromthe above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 ,from City of Miami Beach, Florida, the sum of Dollars ($ )as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 . TAB to Minimum Qualifications TOWN OF MIAMI BEACH M I A M I BEACH Surface Lot at Biscayne Beach I ITB 2020-237 August 27, 2020 I ENCO, LLC 1 — i 1 , i* . _ -."..- -,:N44111111b1.--. . . ., iv,,_ •,-.,,, ..1. • ,-.‹, . ; • - - .-__..! .... 1 ,� i • it ' 1 :,,i,,_::,,., .... ...,... �I t ?- 00 . ` "1 '- '' A —'A� f�� • c 1 _- - A e ti , �i �, A ` - : �,-:.- � BUILDING FLORIDA E Nco 'yvil f ! ' 1 TABLE OF CONTENTS if, i 1. GC License f I 2. Previous Experience I ' a. Exhibit A i. Paving & Surface Parking Lots r----- ii. Seawall Systems I b. Exhibit B / ,='' i. Additional Projects I ; / 3. Certificate of Insurance fir' I 4- Resumes `� 5. Equipment List r ,, 4 \ 1 yr / ,' \, 1 / \ i // I I EXHIBIT 11A1t Corporate Office 1 5411 Sw 25th Ct. Pembroke Park,FL 33023 I CO�5 RUCTIC7N P 954-342-2466 F 954-920-9040 www.encollc.com 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Price Date Name:NW 47th Avenue Improvements City of Lauderhill Engineer:Langan Location:Lauderhill,FL 5561 W.Oakland Park Michael Carr,P.E. Lauderhill,FL 33313 W(954)320-2120 mcarr@langan.com J.Martin Cala Paving,drainage, $ 3,199,636.00 Sep-20 Description:Reconstruction of approximately 1.5 miles W(954)730-2961 water main of roadway including drainage,water,sewer,landscape, jmcala@lauderhill-fl.gov irrigation,lighting,pavement marking and signage. oFlorida Department of Transportation Engineer:CTS Engineering,Inc. Name:Broward Boulevard Park&Ride 3400 Commercial Boulevard Stephen A Hughes,P.E. cn Fort Lauderdale,FL 33309 C(954)668-5107 or W(305)599-8698 Location:Fort Lauderdale,FL Paving,drainage, Timothy Butler shughes@ctseinc.com $ 909,650.00 Jul-15 C(954)868-7232 or W(954)958-7646 lighting tl Description:Roadway&parking lot project including a5 excavation,paving,grading,drainage,concrete, timothy.butler@dot.state.fl.us c pavement marking and signage. '5 City of Fort Lauderdale Engineer:The Corradino Group dal Name:Progresso Neighborhood Improvements. 100 N.Andrews Ave. Carlos Alcantara,P.E. Location:Fort Lauderdale,FL Fort Lauderdale,FL 33021 C(954)298-2246 or W(305)594-0735 • Antoinette Butler calcantara@corradino.com C(954)614-2125 or W(954)828-3714 Paving,Drainage, $ 1,924,326.00 Jul-16 abutter forllauderdale. Sidewalk,Lighting ov Description:Construction of a neighborhood °Q 9 improvement project extending approximately thirteen city blocks.These improvements included pedestrian lighting, roadway adjustments,sidewalk,drainage and landscape. Name:SW 36th Avenue Improvements City of Pompano Beach Engineer:R.J.Behar&Company,Inc. 1201 NE 5th Avenue Yulet Miguel,P.E Location:Pompano Beach,FL Pompano Beach,FL 33021 W(954)880-7771 x246 Anthony Alhashemi Seawall relocation, ymiguel@rjbehar.com C(954)270-3677 or W(954)786-0029 Drainage,Asphalt $ 689,618.00 Apr-17 Description:Roadway improvements including Anthony.Alhashemi@copbfl.com and sidewalk demolition,design and construction of a steel sheet pile coffer dam,dewatering,extension of a 60"RCP culvert and relocation of a cast in place concrete sea wall. Name:E.W.P.Canals 20&30 Bank Stabilization City of Lauderhill Engineer:ADA Engineering,Inc. • En 5581 W.Oakland Park Waddie Ruiz,PE,CGC E Location:Lauderhill,FL Lauderhill,FL 33313 W(305)551-4608 x321 n J.Martin Cala Seawall construction, wruiz@adaeng.net a, W(954)730-2961 Demolition& $ 3,848,723.30 May-19 C0 Drainage,boat Description:Seawall improvements at three locations jmcala@lauderhill-fl.gov 3 utilizing steel sheet piles and including demolition, ramps m drainage,flowable fill,backfill,re-grading,sodding,and a) fn installation of 2 maintenance boat ramps. Name:Canal Bank Stabilization-Year 5B City of Doral Engineer:ADA Engineering,Inc. 8401 NW 53rd Street Carlos Ortega,P.E. Location:City of Doral,FL Doral,FL 33166 C(954)558-3214 or P(305)551-4608 Stephanie Bortz cortega@adaeng.net C(786)267-0276 or Rip rap seawall, Description:Embankment improvement project of over W(305)593-6725 x6024 geoweb stabilization, $ 3,201,215.24 Jan-20 10,500 L.F.including demolition,excavation,installation stephaniebortz@cityofdoral.com asphalt path of Stacked Canal Bank Stabilization System and rip rap . seawall,re-grading,sodding,head walls,drainage,and a 10'wide asphalt path complete with base&sub-base, striping,and signage. Page 1 of 1 EXHIBIT "B"B 11 Corporate Office ---7----' M KEi5411 Sw 25th Ct. ENGCNEERRIN Pembroke Park,FL 33023 ICONSTRUCTION P 954-342-2466 F 954-920-9040 www.encollc.com 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Price Date Name:C-4 Canal Bank Improvements,Palmetto South Florida Water Management Engineer:SFWMD Engineering Department Jesse Phase 2 Flood Protection Berm District VanEyk,P.E. 3301 Gun Club Road C(561)370-4859 or W(561)682-2605 Location:Miami,FL West Palm Beach,FL 33406 Demolition,Tree jvaneyk@sfwmd.gov Description:Canal embankment improvement project Jesse VanEyk,P.E. removal,Canal including demolition,excavation,fill,installation of high C(561)370-4859 or W(561)682-2605 Bank Stabilization, $ 1,633,273.89 Feb-19 performance turf reinforcement mat,re-grading, jvaneyk@sfwmd.gov Drainage sodding,head walls and drainage. Name:Canal Bank Stabilization-Year 5A City of Doral Engineer:ADA Engineering,Inc. Location:City of Doral,FL 8401 NW 53rd Street Jeffrey Vollat,P.E. Doral,FL 33166 C(561)385-5807 or P(561)615-8880 x209 Carlos Arroyo jvollat@adaeng.net W(305)593-6725 x6024 Geoweb Description:Canal embankment improvement project stephanie.bortz@cityofdoral.com stabilization, $ 2,002,370.00 Mar-18 of over 11,000 L.F.including demolition,excavation, drainage installation of Stacked Canal Bank Stabilization System,re-grading,sodding,head walls,drainage,and a 10'wide asphalt path complete with base&sub- base,striping,and signage. Name:C-4 Canal Bank improvements,Palmetto South Florida Water Management Engineer:SFWMD Engineering Department Jesse Phase 1 Flood Protection Berm District VanEyk,P.E. Location:Miami,FL 3301 Gun Club Road C(561)370-4859 or W(561)682-2605 Description:Canal embankment improvement project West Palm Beach,FL 33406 Demolition,Canal jvaneyk@sfwmd.gov Bank Stabilization,including demolition,excavation,fill,installation of high Jesse VanEyk,P.E. Drainage,Boat $2,292,176.29 Nov-17 performance turf reinforcement mat,re-grading, C(561)370-4859 or W(561)682-2605 sodding,drainage,and installation of maintenance boat jvaneyk@sfwmd.gov ramps ramp. Name:Canal Bank Stabilization-Phase I Town of Miami Lakes Engineer:ADA Engineering,Inc. 6601 Main Street,Suite 208 Jeffrey Vollat,P.E. Location:Town of Miami Lakes,FL Miami Lakes,FL 33014 C(561)385-5807 or P(561)615-8880 x209 Carmen Olazabal,PE. Geoweb jvollat@adaeng.net C(787)307-2054 or W(305)364-6100 stabilization, $ 719,547.00 Mar-17 Description:Canal embankment improvement project drainage of over 3100 L.F.including demolition,excavation, x1133 OlazabalC@miamilakes-fl.gov installation of Stacked Canal Bank Stabilization System,re-grading,drainage and sodding. Name:C-4 Canal Bank Improvements,Sweetwater South Florida Water Management Engineer:SFWMD Engineering Department Jesse Flood Protection Berm District VanEyk,P.E. Location:Miami&Sweetwater,FL 3301 Gun Club Road C(561)370-4859 or W(561)682-2605 Description:Canal embankment improvement project West Palm Beach,FL 33406 Demolition,Canal jvaneyk@sfwmd.gov Jesse VanEy , kP.E.PBank Stabilization, $ 2,034,170.47 Ma 16 including demolition,excavation,fill,installation of high C(561)370-4859 or W(561)682-2605 May performance turf reinforcement mat,re-grading, Drainage jvaneyk@sfwmd.gov sodding,head walls and drainage. Page 1 of 2 EXHIBIT "B11 Corporate Office 5411 Sw 25th Ct. Et mil, c-- ,H En GINE ER II N G, Pembroke Park,FL 33023 P 954-342-2466 F 954-920-9040 www.encollc.com 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Pricer Date Name:Tamarac Bikeway System-Phase III City of Tamarac Engineer:Tamarac Engineering Department • 7525 NW 88th Avenue John E.Doherty,P.E. Location:Tamarac,FL Tamarac,FL 33321 Sidewalk,asphalt, W(954)597-3700 • John E.Doherty,P.E. pavement markings John.Doherty@tamarac.org $ 927,365.00 Feb-16 Description:Roadway project including excavation, W(954)597-37nn paving,grading,drainage,concrete sidewalks,curb& gutter,pavement marking and signage. John.Doherty@tamarac.org , Name:Rolling Oaks Park Improvements City of Miami Gardens Architect:Calvin,Giordano,&Associates,Inc. 18605 NW 27th Avenue Michael D.Conner,RLA,ASLA Location:Miami Gardens,FL Miami Gardens,FL 33056 C(954)266-6469 or W(954)921-7781 Description:FDOT LAP Agreement including the Anthony Smith Sidewalk,asphalt, construction of an 10'asphalt trail/roadway,lighting, W(305)622-8000 x2803 pavement markings, $ 679,183.87 Oct-14 excavation,grading,paving,concrete,exercise asmith1@miamigardens-fl.gov lighting equipment and site amenities. Name:Term Contract-Bus Shelters&Miscellaneous Broward County - ' Engineer:Broward County Improvements 1 University Drive,Room 401 Kurt Petgrave Plantation,FL 33324 W(954)357-6793 Location:Throughout Broward,FL Kurt Petgrave Paving,Grading, kpetgrave@broward.org Description:Open-end contract to provide W(954)357-6793 Drainage,Structural, $ 3,862,359.00 miscellaneous services including but not limited to the kpetgrave@broward.org Lighting Aug 14 construction of Park&Ride facilities,roadway improvements and bus shelters. Name:Avondale Stormwater Improvements City of Pompano Engineer:Chen Moore and Associates 1201 NE 5th Avenue Jason McClair,P.E. Location:Pompano Beach,FL Pompano Beach,FL 33060 W(954) 730-0707 ext.1003 Description:Roadway project including excavation, Anthony Alhashemi Roadway,drainage,jmcclair@chenmoore.com $ 3,189,326.33 Mar-19 paving,grading,drainage,concrete sidewalks,curb& W(954)786-4029 pump station gutter,pavement marking,signage and a stormwater Anthony.Alhashemi@copbfl.com pump station. Page 2 of 2 tl_:,----,-;:i!;,t,_o4y is -.,, Ron DeSantis,Governor Halsey Beshears,Secretary_ �� Florida 7-, g0,,,..,...., ...4. .....„c„,...„.......„.„ , •,_ :,..,I li„?ii, e0-„Nsig. �,,,:; STATE OF FLORIDA °� --" DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CON RACTOTR HER INNS C R IFIED UNDER THE PROVISIONS-0R-C APT1ER=4&9=FEORITDA=•STATUTES V\ 1 �`� ' , 2V, Tei i' " :'41 .) I" ir' 5. .�',x it z ---;-.-.,11-17—. .7":{1 f _�' v4 r� W 1E' .lf( tvG ;, ei '/ .4,'tl`✓ _ s� 't. } R, {��?a'4;� ' ,+v-.T.c� 7.[`_.+i^± 'q- ! ! ff 4 � i," r.------,,-, , " • `—o'q':e} ,� rte/ -711 f,-�. . g__. N. �'-1 ''tSANCHEZ WILSON-: 117-2 I( - 't f 01 G -=�— . L. ,.. .,i�ir,,7 T I ;_ (tj---; \I''-,-M,,iiJI)l('';11' � ENCO LLC�s',, (r�P7 , = it�_ 1 ' ,',..-2:3,77 5,4111 S,W 25,E RCO U RT --, t`=) �j"' f-F •0.7i -c 4or, , ' *� 1 5411,c, ;PEMBROKE::PARK L;FL 33023" d�r� 0'd'-'2=�.�°�� - {rf1 tl,Y iti�ry eY y✓ ^.+\.- /.'� -`.�1..2.s�..,(`.-A� •f`;\ ®'mss`' LICENSENUMBER: CGC060832 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com 111' ;,146. El ' 1:4:1.1 Do not alter this document in any form. r❑ ..y:•;-: .: tThis is your license. It is unlawful for anyone other than the licensee to use this document. T IL. ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 08/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Diana Rodriguez NAME: Insurance Consulting Group,LLC PHONE Exec: (305)347-5651 �a C.No): (844)593-9453 (A/C„No 1825 Main Street E-MAIL Dianar@insurancecg.com ADDRESS: Suite 102 INSURER(S)AFFORDING COVERAGE _ NAIC# Weston FL 33326 INSURER A: Tokio Marine Specialty INSURED INSURER B: Travelers CBS of Illinois 19046 Enco,LLC INSURER C: AIG 5411 SW 25th Court INSURER D: Travelers property and casualty Company of America INSURER E: StarNet Insurance Company Pembroke Park FL 33023 INSURER F: COVERAGES CERTIFICATE NUMBER: 2019 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR I_ TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES Ea occurrence) $ 100,000 MEDEXP(Any one person) $ 5,000 A Y Y PPK2072264 12/10/2019 12/10/2020 PERSONAL$ADVINJURY $ 1'000'000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2000000 X POLICY PRO- 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B �/ OWNED SCHEDULED Y Y BA-8N546214-19-42-G 12/10/2019 12/10/2020 BODILY INJURY(Per accident) $ /X AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LIAR CLAIMS-MADE Y Y EBU 011054932 12/10/2019 12/10/2020 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITY Y/N 1,000,000 E ANY PROPRIETOR/PARTNER/EXECUTIVE N/A Y KEY0139334 07/01/2020 07/01/2021 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ Listed Items 809,368 Contractors Equipment D QT-660-3H560612 03/21/2020 03/21/2021 Leased or rented 50,000 Basic Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF MIAMI BEACH • ACCORDANCE WITH THE POLICY PROVISIONS. do EXIGIS Insurance Complianc P.O.Box 4668—ECM#35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ft ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00009833 _ LOC#: A MR CP® ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY Insurance Consulting Group, LLC NAMED INSURED Enco, LLC POLICY NUMBER 16CPLCSE20080 CARRIER NAIC CODE Evanston Insurance Company EFFECTIVE DATE: 12/31/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: D:Professional Liability/Environmental Liabiity Carrier: Evanston Insurance Company Policy Number: MKLV2ENV100856 Policy Period: Effective date: 12/10/2019 Expiration date: 12/10/2020 Shared General Aggregate Limit $ 2,000,000 Each pollution Condition Limit $1,000,000 Each Transportation Pollution Condition Limit $1,000,000 Each Non-Owned Disposal Site Pollution Condition Limit $1,000,000 Each Crisis Management and Emergency Response Limit $250,000 Deductible $5,000 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. INS101 (200801) The ACORD name and logo are registered marks of ACORD EN C O Wilson Sanchez, P.E. an engineering and construction company Managing Member Mr. Wilson Sanchez is a professional engineer registered in the r.:17.'4.1 State of Florida and a Certified General Contractor with many ;,\ , r,, years of experience in civil engineering, construction, project management, and quality control. He currently serves as `, e Managing Member and is responsible for overseeing projects, acquiring permits, and ensuring timely delivery and well- executed projects to our clients. 47 V• EDUCATION & PROFESSIONAL REGISTRATION New Jersey Institute of Technology— Newark, NJ • Bachelor of Science in Civil Engineering, 1993 PROFESSIONAL REGISTRATIONS &AFFILIATIONS • P.E. Florida License No.53209 • Engineering Contractors Association • Certified General Contractor CGC060832 (ECA) • Construction Training Qualification Program • American Society of Civil Engineers -Asphalt Technician 1 &2 I QA/QC Manager (ASCE) RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL The Avondale Stormwater Improvements projects consists of installation of 1 new pump station, 61 drainage structures, 6767LF of RCP, and landscaping throughout. Mr.Sanchez was the Project Manager, working closely with the City and EOR to resolve conflicts with existing utilities, maintaining proper MOT for pedestrian and traffic, and maintaining project on schedule/budget. Park Improvements and Construction Term Contract I Broward County, FL Term contract to provide general construction services to parks in Broward County, such as: • Hillsboro Pineland Natural Area Trail I Coconut Creek, FL The project includes the design, permitting, and construction of a sidewalk, boardwalk, and outlook. • CB Smith Playground I Pembroke Pines, FL Design/build project for construction of new playground, shade structure, and adjacent sidewalk. • Snake Warrior Vegetation Removal Miramar, FL Coordinate exotic vegetation removal. • Shooster Preserve Boardwalk I Margate, FL Construction of boardwalk, gazebo, concrete path, and parking in an environmentally sensitive area. • Everglades Holiday Park—Fire Well I Fort Lauderdale, FL The project includes construction of fire well and corresponding access road. SW 36th Avenue Sidewalk Project I Pompano Beach, FL Located in Pompano Beach, FL this project consists of the construction of 3200 LF of sidewalk, curb & gutter, guardrail, striping and pavement markings, flashing beacons for designated pedestrian crossings, and channel improvements. Channel improvements include the installation of a new 60" dia. reinforced concrete pipe, as well as a new 10' retaining wall requiring sheet piling and continuous dewatering operations during construction. Mr. Sanchez was the Project Manager, and responsible for coordinating all work activities with the City, as well as close monitoring of budget and time. Progresso Neighborhood Improvements Project I Ft. Lauderdale, FL This project consists of approximately 3 miles of new sidewalk, ADA accessible ramps, sodded swales, improved drainage systems, landscaping, and 159 solar-powered pedestrian lighting. It is helping to fulfill the community wide vision of "strengthening connectivity and creating safe, accessible, and pedestrian- friendly neighborhoods." As the Project Manager, Mr. Sanchez was responsible for all RFI resolution, attending project meetings, maintaining project on schedule/budget, and preparation of pay applications. Margate and Coral Springs Bus Shelters: Design-Build I Margate, FL and Coral Springs, FL Eight bus shelters were built along Sample Road to encourage use of the Broward County Transit System by providing a safer, comfortable, and convenient alternative. Mr. Sanchez served as the Engineer of Record and Project Manager, designing 8 bus shelters with swale areas, foundations, and sidewalks. Walkway &Bikeway System Phase III I Tamarac, FL This project consists of approximately 6 miles of bikeway and 1.2 miles of sidewalk created to enhance multi-modal transportation, wellness, and recreational opportunities throughout the City. It also includes new fire hydrants, drainage, and swale areas throughout. Mr. Sanchez was the Project Manager responsible for overseeing construction activities and ensuring project was finished on time and budget. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Sanchez served as the QA/QC Manager and oversaw all paving activities. He was also in charge of acquiring all necessary building, electrical, drainage, and traffic permits. Broward Boulevard Park& Ride Surrounding Roadways I Ft. Lauderdale, FL This project's main goal was to facilitate access into and out of the park & ride. As such, turn lanes were added on the surrounding roadways, access roads were widened and re-paved, and a new bus bay was constructed. In addition, the project included a new lighting system, perimeter fencing, sidewalks, and drainage system. Mr. Sanchez was the Project Manager and responsible for overseeing all construction activities, as well as coordinating with the various sub-contractors. North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Sanchez was the Project Manager and responsible for working closely with the Engineer of Record during the design-phase, as his experience and in construction was key in helping complete the project on a tight budget. First City Hall Park Phase 1 I Lauderhill, FL This project includes the construction of a new park complete with drainage, water main, gazebos, water fountains, art components, lighting system, playground and corresponding shade structure, landscaping, and parking area. Mr. Sanchez was the Field Superintendent and coordinated daily construction activities. Helene Klein Pineland Preserve J Pompano Beach, FL This project consisted of the construction of a new park throughout an environmentally sensitive area including 2500LF of colored concrete sidewalk, 550LF of recycled plastic boardwalk, gazebos, information kiosks, picnic tables, and benches. Mr. Sanchez was the Project Manager in charge of completing the project on time/budget, preparing pay applications, procuring materials to site, and acquiring permits. EXPERIENCE PRIOR TO ENCO, LLC Keith &Associates, Inc I Engineering Director Managed the Civil Engineering department consisting of 13 employees including engineers, inspectors, and construction technicians. Oversaw the planning, design, permitting, and construction administration phases of public and private projects. Responsible for preparation of proposals, budgeting, and invoicing. • Hillsboro Boulevard (SR 810) Improvements, Deerfield Beach, FL Reconstruction and beautification improvement project of approximately 1.5 miles of roadway including drainage improvements, culvert/bridge restoration, landscape, irrigation, hardscape features, bike lanes, burial of FPL overhead lines, lighting, and mast arms at three intersections with a construction cost of—$7.5 million. Facilitated negotiations between City, FDOT and FPL. • Atlantic Boulevard Safety Improvement Project, Pompano Beach, FL Managed the consultant performing the design and permitting of the Atlantic Boulevard Safety Improvement Project under a FDOT LAP agreement, and on behalf of the City of Pompano beach. • State Road MA ("S" Curve), Deerfield Bach, FL Involved in the conceptual design and estimating of the realignment of a portion of State Road A1A, known as the "S" curve. Involved in assisting the City of Deerfield Beach work with Broward County MPO to add this project to the unfounded list. • Broward County Intersection Improvements, Broward County, FL Part of a consulting team providing design and permitting services associated with safety improvements for various intersections throughout Broward County • Harbor Drive Area Improvements, Pompano Beach, FL Project manager in charge of design, permitting and construction administration of a beautification and improvement project including full reconstruction of—1.5 miles of roadway, drainage, water, sanitary sewer, force main, two 2 lift stations, reclaimed water main, new landscape medians, irrigation, hardscape features and traffic circles. Total construction cost is $6.5 million. Statement of Qualifications 3 E N C 0 Lucio Micolta Managing Member an engineering and construction company "ret'" * _ Mr. Lucio Micolta is a civil engineer with many years of = , experience in the construction industry having managed a • . Esis, myriad of projects in South America and the United States. He has extensive knowledge in effective construction practices and -A X project management, and currently serves as Construction 'ie. / Manager. His responsibilities include project selection, cost .;,.14 (� estimation as well as ensuring safe and effective methods of construction for all projects. EDUCATION Saint Thomas Aquinas University—Bogota, Colombia • Bachelor of Science in Civil Engineering, 1980 PROFESSIONAL REGISTRATIONS &AFFILIATIONS • MOT Intermediate#15717 • Engineering Contractors Association (ECA) RELEVANT EXPERIENCE North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Micolta was the Construction in charge of maintaining working relationship with inspectors and ensuring accurate construction of project. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Micolta was the Project Manager and responsible for overseeing all construction activities, tabulating quantities for pay applications, attending weekly project meetings, and ensuring project completion on time and budget. Canal Bank Stabilization, Year 5a I Doral, FL The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 8500 LF of bank along the Dressel's Dairy Canal that have severely eroded. It also includes a 2600' long and 10' wide asphalt path adjacent to the canal. Mr. Micolta was the Construction Manager. Canal Bank Stabilization,Year 5b I Doral, FL The City of Doral Canal Bank Stabilization project stabilizes 8650LF of bank using geoweb panels and 2100LF using a rip rap system along the Dressel's Dairy Canal that have severely eroded. It also includes a 5400' long and 10'wide asphalt path adjacent to the canal. Mr. Micolta was the Construction Manager. C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. Canal Bank Stabilization,Year 7 I Doral, FL(In progress) The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 4400 LF of bank along the Northline Canal and 1700 LF of bank along the Residential Canal that have severely eroded. Due to limited space available on the canal bank, the entire Residential Canal must be done from the water. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. EWP Canals 20 &30 Bank Stabilization I Lauderhill, FL This project stabilizes 2400LF of canal bank in residential areas using 26' to 35'Iong sheet piles. As the canal had limited ROW, most of the work was completed from the water using barges. Mr. Micolta was the Construction Manager/Project Superintendent, managing a 10 person field crew and working closely with the EOR and City to ensure project would be completed on time and budget. Canal Bank Stabilization, Phase 1 I Miami Lakes, FL The Miami Lakes Canal Bank Stabilization project uses geoweb panels to stabilize about 3000 LF of bank along the Golden Glades and Peter's Pike Canal that have severely eroded. Due to limited ROW space, all for this project was done from the water side. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from a hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Mr. Micolta was the Construction Manager, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8 ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to the flooding resulting from a hurricane in 1999 and another no name storm in 2000. Mr. Micolta was the Construction Manager, supervising all field activities. Red Reef Park Boardwalk&Pavilion Boca Raton, FL The City of Boca Raton Red Reef Park project consists of construction 2500LF of recycled plastic coastal dune boardwalk decking, 4 dune crossovers, 5 pavilions, a turtle-safe lighting system, and upgrades to the existing water system throughout an environmentally sensitive area near the Coastal Construction Control Line. Mr. Micolta was the Construction Manager supervising field crew and ensuring boardwalk, deck, and gazebos were according to drawings and specifications. Margate and Coral Springs Bus Shelters: Design-Build I Margate, FL and Coral Springs, FL Eight bus shelters were built along Sample Road to encourage use of the Broward County Transit System by providing a safer, comfortable, and convenient alternative. Mr. Micolta was the Construction Manager, participating actively during design/construction phases. He provided design ideas that minimized duration resulting in reduced construction costs, and supervised the field crew on daily basis ensuring quality work. Renovations and Modifications of Buildings 4181 &4183 I West Palm Beach, FL The Florida's Turnpike Maintenance Compound Renovations project includes both interior and exterior renovations of buildings#4181 and #4183. Interior renovations consisted of new ADA compliant restrooms, sanitary lines, HVAC & electrical systems, and lighting. Outside renovations include removal of existing doors and windows and infill with CMU stucco, replacement of roof, and new 5.5' x 13.5' x 2.5' pile cap footings. Mr. Micolta was the Field Superintendent overseeing all field activities, maintaining accurate quantities for pay applications, and keeping project on schedule. Fern Forest Nature Center I Coconut Creek, FL The Fern Forest Nature Center project included the renovations of existing bathrooms, dressing rooms, and kitchen through structural, plumbing, and electrical upgrades. There was also the construction of 430LF of recycled plastic boardwalk and one gazebo. Mr. Micolta was the Field Superintendent and Construction Manager in charge of supervising field crew, procurement, and minimizing impact of construction activities on environmentally sensitive areas. E N C 0 Isabella Micolta, P.E. an engineering and construction company Project Engineer � • 1-, � : F4`, t'.�r Ms. Isabella Micolta is a civil engineer. She came to ENCO, • ._ LLC after working in the nuclear energy sector as a Design s ; 1 Engineer and currently serves as Project Engineer. Her } flk iEr;. - t responsibilities include project support during bidding and . construction, such as preparing proposals and Statements of -(0,1 1100 — Qualifications (SOQs), developing and enforcing project specific Safety Plans & Stormwater Pollution Prevention Plans (SWPPP), preparing shopdrawings and pay applications, as well as '1 procuring materials for job sites and helping the project be completed on time and budget. EDUCATION Georgia Institute of Technology—Atlanta, GA • Bachelor of Science in Civil Engineering,2012(Magna Cum Laude) • Master of Science in Civil Engineering,2013 PROFESSIONAL REGISTRATIONS &AFFILIATIONS • P.E. Florida License No.84359 • MOT Advanced Certification, 8016 • 30 hour OSHA Certification • American Society of Civil Engineers (ASCE) • FDEP Inspector, 32643 • Engineering Contractors Association (ECA) RELEVANT EXPERIENCE Broward Boulevard Park&Ride Surrounding Roadways I Ft. Lauderdale, FL This project's main goal was to facilitate access into and out of the park & ride. As such, turn lanes were added on the surrounding roadways, access roads were widened and re-paved, and a new bus bay was constructed. In addition, the project included a new lighting system, perimeter fencing, sidewalks, and drainage system. Ms. Micolta oversaw paving activities, monitored that appropriate tonnage was used per square yard to meet specified spread rate, and helped prepare FDOT Daily Asphalt Reports. Canal Bank Stabilization, Year 5a I Doral, FL The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize 8500LF of bank along the Dressel's Dairy Canal that have severely eroded. It also includes a 2600' long and 10' wide asphalt path adjacent to the canal. Ms. Micolta served as the Project Engineer, in charge of procuring materials as needed, supervising field crew, and preparing pay applications. Canal Bank Stabilization,Year 5b I Doral, FL The City of Doral Canal Bank Stabilization project stabilizes 8650LF of bank using geoweb panels and 2100LF using a rip rap system along the Dressel's Dairy Canal that have severely eroded. It also includes a 5400' long and 10' wide asphalt path adjacent to the canal. Ms. Micolta served as the Project Engineer, in charge of procuring materials as needed, supervising field crew, and preparing pay applications. Canal Bank Stabilization, Year 7 I Doral, FL(In progress) The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 4400 LF of bank along the Northline Canal and 1700 LF of bank along the Residential Canal that have severely eroded. Due to limited space available on the canal bank, the entire Residential Canal must be done from the water. Ms. Micolta served as the Project Engineer, in charge of procuring materials as needed, supervising field crew, and preparing pay applications. EWP Canals 20 &30 Bank Stabilization I Lauderhill, FL This project stabilizes 2400LF of canal bank in residential areas using 26' to 35'long sheet piles. As the canal had limited ROW, most of the work was completed from the water using barges. Ms. Micolta served as the Project Engineer, coordinating fabrication & delivery of sheet piles to ensure a tight project schedule was maintained, worked closely with the EOR to resolve any RFIs, and prepared pay applications. Canal Bank Stabilization, Phase 1 I Miami Lakes, FL The Miami Lakes Canal Bank Stabilization project uses geoweb panels to stabilize about 3000 LF of bank along the Golden Glades and Peter's Pike Canal that have severely eroded. Due to limited ROW space, all for this project was done from the water side. Ms. Micolta served as the Project Engineer, in charge of procuring materials as needed, supervising field crew, and preparing pay applications. C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Ms. Micolta serves as the Project Engineer and is in charge of procurement of materials needed, coordinating with sub-contractor, preparing pay application, and supervising field crew activities. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8.3ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Ms. Micolta serves as the Project Engineer and is in charge of procurement of materials needed, coordinating with sub-contractor, preparing pay application, and supervising field crew activities. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8.3ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane in 1999 and another no name storm in 2000. Ms. Micolta was the Project Engineer in charge of maintaining working relationships with over 75 residents to facilitate project completion, recording daily field reports, helping with successful RFI resolution and necessary change orders, preparing pay applications, as well as developing and enforcing the project specific SWPPP (Storm Water Pollution Protection Plan). EXPERIENCE PRIOR TO ENCO, LLC Enercon Services, Inc. I Civil/Structural Engineer • Edwin I. Hatch Nuclear Plant FLEX Project I Atlanta, GA FLEX is a strategy developed to address Fukushima task force recommendations in all nuclear plants across the United States. The main issue identified is the plant loosing cooling capabilities as a result of power outage. Ms. Micolta was the Responsible Engineer in charge of designing new conduit runs in Switchgear Rooms 2E and 2F, as well as participating in walk-throughs to assess constructability of the proposed design. • Joseph M. Farley Nuclear Plant FLEX Project I Atlanta,GA FLEX is a strategy developed to address Fukushima task force recommendations in all nuclear plants across the United States. The main issue identified is the plant loosing cooling capabilities as a result of power outage. Ms. Micolta was tasked with researching plant drawings in database to help team effectively design conduit runs by avoiding coring walls containing wires that could result in plant shutdown. She also designed conduit runs and performed calculations dictating whether or not certain walls could be cored. ENCO an engineering and construction company Luis Andion Project Engineer , Mr. Andion is a Civil Engineer in charge of overseeing every stage of pry the project, he provides support in the construction management, 1 ;! permitting and design.Among the duties and responsibilities in r"� A ENCO, LLC include estimating, bidding, shop drawing review, 1 contract review and inspections. f ( EDUCATION Florida International University—Miami, Florida • Bachelor of Science in Civil Engineering,2017 PROFESSIONAL REGISTRATIONS&AFFILIATIONS • MOT Advanced Certification •American Society of Civil Engineers (ASCE) RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL This project consists of installation of 1 new pump station, 61 drainage structures, 6800 LF of RCP, and landscaping throughout. Mr.Andion is the project engineer, responsible for procuring materials as needed. Park Improvements and Construction Term Contract I Broward County, FL Term contract to provide general construction services to parks in Broward County,such as: • Hillsboro Pine/and Natural Area Trail I Coconut Creek, FL The project includes the design, permitting,and construction of a sidewalk, boardwalk,and outlook at Hillsboro Pineland Natural Area. Mr.Andion was the Project Engineer facilitating all required permitting and design coordination. • Willow Pond Natural Area-Maintenance Entrance Driveway I Fort Lauderdale, FL The project includes construction of a concrete driveway and removal of a existing sidewalk. Mr.Andion was the Project Engineer in charge of the execution of the project according to County specifications. • C.B Smith Park—New Playground Areal Pembroke Pines, FL The project consisted in the drainage and groundwork for children playground to be installed as well as the construction of access sidewalk. Mr.Andion was the Project Engineer responsible for coordinating project sequence EXPERIENCE PRIOR TO ENCO.LLC Building Drops(Dania Beach, FL) I Structural Designer&Drafter • Perform structural analysis calculations for fenestration projects that were to be part of structural composition of residential construction. • Produce&review shop drawings to be in accordance with the Florida Building Code for product approvals. Americaribe/Bouyges Batiment(Miami,FL) I Punchlist Inspector • While still a student, Mr.Andion had the opportunity to work at the late stages of the multibillion dollar project of Brickell City Centre which consisted of a shopping mall, two residential towers and a hotel. E N C O Juan Luis Garcia Senior Superintendent an engineering and construction company With combined international experience among Cuba, Portugal and the U.S, Mr. Garcia plays an important leading role onsite. .( E His vast knowledge of the construction ground is certainly an asset for all of the projects he is involved with. He is currently responsible for quality control, inspect, schedule and oversee " . ,. 41 ';,,,'` -.LIP \ \., 11. the construction to run on the critical path and ensure timely II 1k1),: '� iiicompletion. EDUCATION Camaguey University—Camaguey, Cuba • Bachelor of Science in Civil Engineering,2006 RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL This project consists of installation of 1 new pump station, 61 drainage structures, 6800 LF of RCP, and landscaping throughout. Mr. Garcia is the onsite superintendent responsible for supervising crew activity. Hillsboro Pineland Natural Area Addition I Coconut Creek,FL This project's main goal was to create a concrete trail and elevated walkway at the park for recreation and allowance of pedestrians in the area; Mr. Garcia managed the project in a manner to ensure the protection, restoration and preservation of the nature and habitat at the site. Willow Pond Natural Area Maintenance Entrance Driveway I Coconut Creek, FL The project's scope of work included the removal of an existing sidewalk to be reconstructed and to create a driveway entrance for automobiles, Mr. Garcia was in charge of the construction to comply with the specification's requirements. CB Smith Park New Playground Area I Pembroke Pines, FL This project consisted of the creation of a new playground structure as well as a sidewalk surrounding the area. Following protocols of safety of the public was key on Mr. Garcia part, as well as performing the work on time and within budget EXPERIENCE PRIOR TO ENCO.LLC AG Contractors(Miami, FL)I Project Manager • Mr. Garcia was involved with construction of the Staybridge Suites Hotel. Aziconstroi(Portugal)I Engineer Manager&Inspector • Among the projects Mr. Garcia participated in his nine years with the company were:the construction of Clinical Surgical Hospital, offices fot the Ministry of Transport,warehouse complex in steel structure, Soap Factory, Ceramics Factory and offices for the Ministry of Justice, Construction of the sports complex of the Salesianos of Don Bosco &construction of the water treatment plant and water supply system were also part of his work. Constructora Social de la Vivienda(Cuba)I Company Manager, Engineering Supervisor • In his hometown, he participated in the housing construction of multifamily buildings, construction of Bank(CADECA),the construction of Telecenter&Construction Specialties Polytecnic. UNECA(Cuba)I Project Manager&Engineer Inspector • Mr. Garcia participated in the construction and installation of high buildings; construction of sulfuric acid base.Also was involved with the termination of the International Clinic tourist resort of Santa Lucia as well as railway constructions and construction of multifamily buildings in Camaguey City;As well as being Project manager in the construction of the 5 Stars Hotel Paradisus in the tourist resort of Varadero E N C 0 Sandy Sepulveda an engineering and construction company Field Superintendent Mr. Sandy Sepulveda is a civil engineer with years of experience in the construction industry, both in the Dominican Republic and United States. He has experience in commercial and residential construction, earthwork, and construction management. He currently serves as Field Superintendent and is responsible for running daily operations in the field and enforcing safety €, �•» standards. • EDUCATION Eastern Central University—San Pedro de Macoris, Dominican Republic • Bachelor of Science in Civil Engineering, 2006 PROFESSIONAL REGISTRATIONS &AFFILIATIONS • Engineering Contractors Association (ECA) RELEVANT EXPERIENCE Broward Boulevard Park& Ride Surrounding Roadways I Ft. Lauderdale, FL This project's main goal was to facilitate access into and out of the park & ride. As such, turn lanes were added on the surrounding roadways, access roads were widened and re-paved, and a new bus bay was constructed. In addition, the project included a new lighting system, perimeter fencing, sidewalks, and drainage system. As the Field Superintendent, Mr. Sepulveda supervised daily construction activities and coordinated with electrical and paving sub-contractors. North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Sepulveda was the Field Superintendent in charge of overseeing daily construction activities, setting up and removing MOT (Maintenance of Traffic) daily, and maintaining working relationship with inspectors. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Sepulveda was the Field Superintendent overseeing a 4 person field crew during all construction tasks. He closely monitored paving activities ensuring daily spread rates were met. Canal Bank Stabilization,Year 5a I Doral, FL The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 8500 LF of bank along the Dressel's Dairy Canal that have severely eroded. It also includes a 2600' long and 10' wide asphalt path adjacent to the canal. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. Canal Bank Stabilization, Year 5b I Doral, FL The City of Doral Canal Bank Stabilization project stabilizes 8650LF of bank using geoweb panels and 2100LF using a rip rap system along the Dressel's Dairy Canal that have severely eroded. It also includes a 5400' long and 10' wide asphalt path adjacent to the canal. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. Canal Bank Stabilization, Year 7 I Dora!, FL(In progress) The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 4400 LF of bank along the Northline Canal and 1700 LF of bank along the Residential Canal that have severely eroded. Due to limited spaceavailable on the canal bank, the entire Residential Canal must be done from the water. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with subs Progresso Neighborhood Improvements Project I Ft. Lauderdale, FL This project consists of approximately 3 miles of new sidewalk, ADA accessible ramps, sodded swales, improved drainage systems, landscaping, and 159 beautiful solar-powered pedestrian lighting. It is helping to fulfill the community wide vision of "strengthening connectivity and creating safe, accessible, and pedestrian-friendly neighborhoods." Mr. Sepulveda was the Field Superintendent in charge of supervising field crew, managing daily construction activities, and maintaining daily MOT (Maintenance of Traffic). C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8 ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to the flooding resulting from Hurricane in 1999 and another no name storm in 2000. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. EXPERIENCE PRIOR TO ENCO, LLC City of Consuelo Town Hall (Dominican Republic) I Project Coordinator • Charged with inspecting project sites in order to monitor progress and adherence to specifications; as well as comply with safety protocols and state sanitation standards Peluchs Company(Dominican Republic) I Project Supervisor • Tasked with estimating material costs and quantities needed for job, as well as determining adequate equipment and labor force to minimize project duration while staying under budget • Performed project site visits during construction to monitor progress and consult with contractors and on-site engineers • Review pre-set calculations and analytical data in order to maintain technical reports accurate and up- to-date. EQUIPMENT RESOURCES We take great pride in owning such a diverse fleet of equipment, and do everything in our power to ensure it is always in optimal condition. That way, our client can rest assured that their project will be completed in a timely &well-executed manner. sl. }_ I ,r. I� �, .•rte ! Iro i �, ��11(I 1 ,.._es J xT 7.` 0 -e T w, t°x Dump Truck lsuzu NPR CAT 320 Excavator CAT 416F Backhoe Jam: - «'� " ^yam {.' Jam: 1 4 ' s 7 ' '•`10 -- :I! ! .IIS v + 4l ter/`'i ii ,.-r ,� 4 � Dump Truck Isuzu NPR CAT 320 Excavator CAT 416D Backhoe ,--,----,i7":, affsfq ' ' ---, ‘ .., L -'Z., _,.. a• ,:11-1.:,p! -,,,i ,, Dump Truck CAT326 LR Excavator Bobcat S650 Wacker Roller , H L r —7 6 ``ter w4. s ... rrw'" Small Dump Truck CAT D3G Dozer Bobcat S650 Dynapac Roller - -•_; _. .�, 24' Boat Water Truck Champion Grader CAT 930G Loader City of Miami Beach Bid 2020-237-AY Bid Price Form (Al) 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 A2 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 A2 $ 982,102.00 'Allowance for Trench Safe Act $25.00 Permit Allowance $10,000.00 GRAND TOTAL (TOTAL BASE BID + TRENCH SAFETY+ PERMIT ALLOWANCE) $ 992,127.00 '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: ENCO, LLC Authorized Agent Name: Wilson Sanchez Authorized Agent Title: Managing Member Authorized Agent Signature: 7/28/2020 4:15 PM p.31 M I AM I B E A C I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT C: REVISED SCHEDULE OF VALUES (Form A2) 6 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I A M I B E AC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Total Item Description Quantity U/ M Unit Cost (Quantity_X_Unit Cost) GENERAL CONDITIONS 1 Indemnification Allowance 1 LS $25.00 $25.00 2 Mobilization/Demobilization/MOT 1 LS $12,000.00 $ 12,000.00 3 General Conditions,Bond and Insurance 1 LS $ 21,800.00 $ 21,800.00 4 Bond and Insurance 1 LS $ 27,000.00 $27,000.00 • DEMOLITION • 4 Remove exisiting picket fence and 275 LF $ 10.00 $2,750.00 5 relocate g Remove exisiting chain link fence and 222 LF $6.00 $ 1,332.00 6 dispose & Remove existing sidewalk and 110 SF $2.00 $220.00 7 dispose 7- Remove existing asphalt and dispose 835 SY $6.00 $5,010.00 8 Sawcut and remove existing curb and 50 LF $2.00 $100.00 9 gutter 5 Tree Transplant 4 EA $200.00 $ 800.00 10 4-0 Clearing and Grubbing including trees 1 LS $ 10,000.00 $ 10,000.00 11 and shrub removal and dispose . -SITE WORK 41- Site grading 1 LS $ 15,000.00 $ 15,000.00 12 (2) 1" Lift of Type SP-9.5 Asphalt Fine 700 SY $ 23.00 $ 16,100.00 4-2 Mix installed per FDOT Standard 13 Specifications(Tack coated) 8"Limerock Base, Min. 100 LBR, 589 SY $25.00 $14,725.00 compacted to 98% maximum dry 43 density per AASHTO T-180(Primed & 14 Tack coated) 12" Stabilized Subgrade, Min.40 LBR, 1,150 SY $ 22.00 $ 25,300.00 44 compacted to 98% maximum dry 15 density per AASHTO T-180 4"Concrete sidewalk, including 490 SF $5.50 $ 2,695.00 43 stabilized subgrade(3,000 psi 16 concrete) Concrete driveway(6") per FDOT 1 EA $5,500.00 $5,500.00 (includes curb and gutter and sidewalk 43 of 4,000 psi concrete w/wire 17 reinforcement) 1-7 Type D Concrete Curb 350 LF $ 25.00 $ 8,750.00 18 7 I ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I AMI B E AC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 12"x 8"Header Curb w/(4)#4 steel 70 LF $ 25.00 $ 1,750.00 48 reinforcing rods cont.w/#3 stirrups @ 19 30"o.c. 49 6"x 24"Concrete Curb w/(2)#5 rebar 565 LF $30.00 $ 16,950.00 20 28 6"x 18"Concrete Band w/(2)#5 325 LF $ 25.00 $ 8,125.00 21 rebar 24 10" Ballast Rock-pervious concrete at 470 SY $ 28.00 $ 13,160.00 22 parking stals 22 8"Pervious Concrete-parking stals 470 SY $ 70.00 $ 32,900.00 23 23 Bricks Paver Driveway, per CMB 220 SF $ 18.00 $ 3,960.00 24 Public Work Detail RS-2 24 #57 Stone(behind privacy wall) 22 CY $ 70.00 $ 1,540.00 25 23 Limerock or#57 Stone(fill between 24 CY $ 70.00 $ 1,680.00 26 seawalls) 5'Aluminum Picket Fence(Along 225 LF $ 100.00 $ 22,500.00 Canal)with a 5'-tall x 4'-wide Double 27 Aluminum Picket Gate(8'wide total) Modify/Reinstall gate entry at lift 1 EA $ 3,500.00 $ 3,500.00 28station Trash & Recycling Receptacles on 3 EA $ 2,000.00 $6,000.00 29 Concrete Pad 30 5'x6'Concrete Pad for Bicycle Racks 1 EA $ 500.00 $500.00 31 Bike Rack 2 EA $1,500.00 $3,000.00 PAVEMENT MARKING&SIGNAGE 26 Signs 15 EA $ 150.00 $ 2,250.00 32 27 Sign Posts 10 EA $ 150.00 $ 1,500.00 33 28 Striping 1 LS $ 6,000.00 $ 6,000.00 _ 34 29 Install detectable warning 1 EA $ 500.00 $ 500.00 35 -- DRAINAGE` 39 Drainage Pipes(furnish and install) 312 LF $ 90.00 $ 28,080.00 36 34 Catch basins 5 EA $ 3,500.00 $ 17,500.00 37 32 6"Trench Drain w/6"Concrete Collar 20 LF $ 200.00 $ 4,000.00 38 Drainage Well complete 2 EA $ 35,000.00 $ 70,000.00 33 39 8 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH M I AMI B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov WATER . - 2"Water Service(irrigation)w/meter 1 EA $ 4,500.00 $ 4,500.00 34 (includes trenching and pavement 40 restoration) 35 Vaccuum breaker w/cage&conc. 1 EA $ 1,500.00 $ 1,500.00 41 pad ELECTRICAL. 36 Provide and install one 2"schedule 40 1,425 LF $ 5.00 $ 7,125.00 42 PVC conduit 37 Provide and install#3,600V, XHHW, 250 LF $ 7.00 $ 1,750.00 43 installed in conduit 33 Provide and install#10, 600V,XHHW, 2,100 LF $ 7.00 $ 14,700.00 44 installed in conduit Provide and install lighting service 1 EA $ 18,000.00 $ 18,000.00 point and splice box(to be provided 39 by FPL), complete including FPL 45 coordination 40 Provide and install new electrical pull 6 EA $ 700.00 $ 4,200.00 46 box in earth, complete Provide and install new parking lot 8 EA $ 7,000.00 $ 56,000.00 44 light fixture, pole and pullbox complete 47 in place LANDSCAPING 42 Silver Buttonwood 6 EA $ 350.00 $2,100.00 48 43 Jamaican Caper 42 EA $ 300.00 $ 12,600.00 49 44 Simpson's Stopper 10 EA $ 500.00 $ 5,000.00 50 45 Wild Tamarind 2 EA $500.00 $ 1,000.00 51 45 Golden Creeper 508 EA $ 9.00 $ 4,572.00 52 4-7 Green Island Ficus 23 EA $ 9.00 $ 207.00 53 48 Wild Coffee 166 EA $ 9.00 $ 1,494.00 54 49 Coontie 9 EA $ 18.00 $ 162.00 55 50 Red Tip Cocoplum 226 EA $ 10.00 $2,260.00 56 54 Muhly Grass 261 SF $ 10.00 $ 2,610.00 57 52 St.Augustine"Floratam" 4,700 SF $ 0.9 $ 4,230.00 58 9 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 53 Planting Soil(80% Silica Sand,20% 60 CY $ 60.00 $ 3,600.00 59 Everglades Muck) 54 Amerigrow Pine Bark Brown Mulch 20 CY $ 80.00 $ 1,600.00 60 55 Gumbo Limbo 7 EA $ 600.00 $ 4,200.00 61 56 Crepe Myrtle 3 EA $ 600.00 $ 1,800.00 62 57 Clusia 51 EA $ 50.00 $ 2,550.00 63 58 Landscaping Irrigation 1 LS $ 13,000.00 $ 13,000.00 64 . _ •.STRUCTURAL:" - . - 59 Precast Concrete Privacy Wall 145 LF $ 220 $ 31,900.00 65 SECURITY 69 Concrete Post 12'tall 3 EA $ 1,500.00 $4,500.00 66 64 Provide and install one 2"schedule 40 500 LF $ 5.00 $ 2,500.00 67 PVC conduit direct buried in place 62 Provide and install one rack/support 1 EA $ 3,500.00 $ 3,500.00 68 for security cabinets SEAWALL:. 66 ' Seawall ' 220 LF $ 1,200.00 $ 264,000.00 69 67 Fan Guard 2 EA $ 5,000.00 $ 10,000.00 70 68 Boulder Rip Rap(2'0) 130 CY $ 200.00 $ 26,000.00 71 69 Limerock or#57 Stone(fill between 24 CY $ 70.00 $ 1,680.00 72 seawalls) 79 12"C-PVC Pipe(Extension through 3 LF $ 5,000.00 $ 73 , new seawall) 15,000.00 74 i Connection to Existing Pipe 1 EA $ 1,500.00 $ 1,500.00 74 72 Manatee Grate 1 EA $ 5,000.00 $ 5,000.00 75 73 Additional Grading/Fill due to seawall 18 CY $ 70.00 $ 1,260.00 76 74 Turbidity Curtains -399 L $ $ - . :,.. 'ALTERNATE A . . :' : Furnish and Install a new 6'aluminum 150 LF $ 200.00 $ 30,000.00 picket fence(to match existing) around pump station in lieu of 77 proposed salvaged fence. Existing 10 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIAMI B E AC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov gate to be replaced with a new rolling sate o_nl roll east . TOTAL BASE BID AMOUNT (Line Items 1-7477) $982,102.00 11 ADDENDUM NO.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 - BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2020-237-AY Surface Lot and Seawall at Biscayne Beach BIDDER'S NAME:Enco LLC NO.OF YEARS IN BUSINESS:18 NO.OF YEARS IN BUSINESS LOCALLY:18 NO.OF EMPLOYEES:20 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:N/A BIDDER PRIMARY ADDRESS(HEADQUARTERS):5411 SW 25th Ct CITY:Pembroke Park STATE:Florida ZIP CODE:33023 TELEPHONE NO.:9543422466 TOLL FREE NO.:N/A FAX NO.:9549209040 BIDDER LOCAL ADDRESS:5411 SW 25th Ct • CITY:Pembroke Park STATE:Florida ZIP CODE:33023 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Wilson Sanchez ACCOUNT REP TELEPHONE NO.:9543422466 ACCOUNT REP TOLL FREE NO.:N/A ACCOUNT REP EMAIL:WSANCHEZ FEDERAL TAX IDENTIFICATION NO.:010632027 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto; b)to be bound, at a minimum,to any and all specifications, terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e)the bidder agrees if this 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; and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: WILSON SANCHEZ MANAGING MEMBER SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e- procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt WS Addendum 1 Addendum 6 Addendum 11 ws Addendum 2 Addendum 7 Addendum 12 ws Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3 - QUESTIONNAIRE 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 WILSON SANCHEZ 50% Managing Member LUCIO MICOLTA 50% Managing Member 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2020-237-AY Project Title Surface Lot and Seawall at Biscayne Beach Reference No.1 Firm Name:City of Lauderhill Contact Individual Name and Title: Maritn J.Cala,City Engineer Address:5581 W. Oakland Park Lauderhill, FL 33313 Telephone:954-730-2961 Contact's Email:jmcala@lauderhill-fl.com Narrative on Scope of Services Provided: EWP Canals 20 & 30: Seawall improvements at three locations utilizing steel sheet piles and including demolition, drainage, flowable fill, backfill,re-grading,sodding,and installation of 2 maintenance boat ramps. Reference No.2 Firm Name:City of Pompano Beach Contact Individual Name and Title:Anthony Alhashemi Address: 1201 NE 5th Avenue Pompano Beach, FL 33069 Telephone:954-786-4029 Contact's Email:anthony.alhashemi@copbfl.com Narrative on Scope of Services Provided: SW 36th Avenue Improv.: Roadway improvements including demolition,design and construction of a steel sheet pile coffer dam,dewatering, extension of a 60"RCP culvert and relocation of a cast in place concrete sea wall. Reference No.3 Firm Name:City of Doral Contact Individual Name and Title: Stephanie Bortz, Project Manager Address:8401 NW 53rd Street Doral, FL 33166 Telephone:305-593-6725x6024 Contact's Email:stephanie.bortz@cityofdoral.com Narrative on Scope of Services Provided: Year 5B Canal Stabilization: Canal embankment improvement project of over 10,500 L.F. including demolition, excavation, installation of Stacked Canal Bank Stabilization System and rip rap, re-grading, sodding, head walls, drainage, and a 10' wide asphalt path complete with base&sub-base,striping,and signage. Additional Reference Firm Name:Florida Department of Transportation Contact Individual Name and Title:Timothy Butler,Project Manager Address:3400 Commercial Boulevard Fort Lauderdale, FL 33309 Telephone:954-958-7646 Contact's Email:timothy.butler@dot.state.fi.us Narrative on Scope of Services Provided: Roadway&parking lot project including excavation,paving,grading,drainage,concrete,pavement marking and signage. 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? OYES D 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? OYES D NO If yes,why? 5. Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? O YES D 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? O YES D 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? OYES D NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? O YES D NO If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary, or holding company for another construction company? OYES D 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? OYES D NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation (e.g. affiliation officer,director, owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five(5)years? OYES D 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? OYES D 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? OYES D 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? OYES D 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? OYES D 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? OYES D NO If yes,explain. 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? OYES D 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? OYES D NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership 19. Has the applicant,or any officer,director, employee or agent,contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? OYES D NO If yes,list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 • 8 9 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? DYES ❑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). OYES D 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? O YES D 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? O YES D 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. Company Provides Company Provides Company does not for Employees with for Employees with Benefit Spouses Domestic Partners Provide Benefit Health x Sick Leave x Family Medical Leave x Bereavement Leave x 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? DYES D NO If yes,explain. 24. Financial Capacity. When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR) directly to the City. 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: h tips://s u p p l i e rp o rta I.d n b.c o m/we b a p p/wcs/stores/s e ryl et/S u p p l i e r P o rta I?s to re l d=11696 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. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. City of Miami Beach Bid 2020-237-AY BID BOND (B1) Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS,that we, ENCO, LLC as Principal, hereinafter referred to as Contractor, and Travelers Casualty and Surety Company of America 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$ Five Percent 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. I WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials,equipment, machinery,tools,apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications, and any Addenda thereto, for the following solicitation. Bid No.: 2020-237-AY Title: Surface Lot and Seawall at Biscayne Beach 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. 7/28/2020 4:15 PM p.36 City of Miami Beach Bid 2020-237-AY BID BOND (B1 ) Page 2 of 2 IN WITNESS WHEREOF,the said Principal and the said Surety have duly executed this bond the 21st day of August ATTEST: PRINCIPAL: ENCO, LLC (Contractor Name) Si n re Signature Prfrit•Nam'ePrint Name(Principal) SdEceCtY Title Title COUNTERSIGNED By RESIDENT FLORIDA SURETY: AGENT OF SURETyf „ .• / Travelers Casualty and Surety Company of America Signature (Surety Name) Nestor J Rodriguez Nestor J R9driguez .• Print Name Attorney n-Facit,(Print ; •" Sp‘aturef (CORPORATE SEAL) (Power of Attorney must be:Mached.):-'-- " , ,-••• 7/28/2020 4:15 PM p.37 Travelers Casualty and Surety Company of America 411111. Travelers Casualty and Surety Company TRAVELERS J St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint NESTOR J RODRIGUEZ of WESTON , Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. .0,14 0). ,er n AN, St Pi. „..",11 9 tLt4rFOR0, R caLY e 1, MAAIFOi�, I ' C$441.1 r� � cow S+ 3 � is, Yni• +. ne '4'i State of Connecticut ,. By: r City of Hartford ss. Robert L Rane . enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. f a' `* •. �i���� IATARY i My Commission expires the 30th day of June,2021 oie °) aL4 ro a: ; Anna P.Nowik,Notary Public 1 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect Dated this 21st day of August , 2020 . lirwspy `�o.�„Saoe` .�� +r:1MFMFORD, CCI .11 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB Fiorito-L WitatILgW,o;.,aNIT_ DIVISION or CORPORA TICINS Depvrlm,ikt ot$ta. I Division of ;orations / Search Records / Search by EntijNarnt:/ Detail by Entity Name Florida Limited Liability Company ENCO, LLC Filing Information Document Number L02000005410 FEI/EIN Number 01-0632027 Date Filed 03/07/2002 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 06/12/2003 Event Effective Date NONE Principal Address 5411 SW 25th CT Pembroke Park, FL 33023 Changed:01/10/2017 Mailing Address 5411 SW 25th CT Pembroke Park, FL 33023 Changed:01/10/2017 • Registered Agent Name&Address SANCHEZ,WILSON 5411 SW 25th CT Pembroke Park, FL 33023 Name Changed:04/16/2007 Address Changed: 01/10/2017 Authorized Person(s)Detail Name&Address Title MGRM SANCHEZ,WILSON 5315 Roosevelt Street HOLLYWOOD, FL 33021 Title MGRM MICOLTA, LUCID 483 TALAVERA ROAD WESTON, FL 33326 Annual.Reports Report Year Filed Date 2018 01/03/2018 2019 01/07/2019 2020 01/06/2020 Document Images ,Q„I(QQ(2Q2O. 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U_il02/2202,Flar 1111,11%1111.2 uI r--View image iii P07 fon not ---1 • BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 - BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. 1 I Solicitation No: Solicitation Title: 2020-237-AY Surface Lot and Seawall at Biscayne Beach BIDDER'S NAME:Enco LLC NO.OF YEARS IN BUSINESS:18 NO.OF YEARS IN BUSINESS LOCALLY:18 NO.OF EMPLOYEES:20 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:NIA BIDDER PRIMARY ADDRESS(HEADQUARTERS):5411 SW 25th Ct CITY:Pembroke Park STATE:Florida ZIP CODE:33023 TELEPHONE NO.:9543422466 TOLL FREE NO.:N/A FAX NO.:9549209040 BIDDER LOCAL ADDRESS:5411 SW 25th Ct j CITY:Pembroke Park STATE:Florida ZIP CODE:33023 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Wilson Sanchez ACCOUNT REP TELEPHONE NO.:9543422466 ACCOUNT REP TOLL FREE NO.:N/A ACCOUNT REP EMAIL:WSANCHEZ FEDERAL TAX IDENTIFICATION NO.:010632027 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) the bidder agrees if this 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;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: WILSON SANCHEZ MANAGING MEMBER SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt WS Addendum 1 Addendum 6 Addendum 11 ws Addendum 2 Addendum 7 Addendum 12 ws Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3-QUESTIONNAIRE 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. WILSON SANCHEZ 50% Managing Member LUCIO MICOLTA 50% Managing Member 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2020-237-AY Project Title Surface Lot and Seawall at Biscayne Beach Reference No.1 Firm Name: City of Lauderhill Contact Individual Name and Title:Maritn J.Cala,City Engineer Address:5581 W.Oakland Park Lauderhill,FL 33313 Telephone:954.730-2961 Contact's Email:jmcala@Lauderhill-fl.com Narrative on Scope of Services Provided: GWP Canals 20 & 30: Seawall improvements at three locations utilizing steel sheet piles and including demolition, drainage,flowable fill,backfill,re-grading,sodding,and installation of 2 maintenance boat ramps. Reference No.2 Firm Name:City of Pompano Beach Contact Individual Name and Title:Anthony Alhashemi Address: 1201 NE 5th Avenue Pompano Beach,FL 33069 Telephone:954-786-4029 Contact's Email:anthony.alhashemi@copbfl.com Narrative on Scope of Services Provided: SW 36th Avenue Improv.: Roadway improvements including demolition, design and construction of a steel sheet pile coffer dam,dewatering,extension of a 60" RCP culvert and relocation of a cast in place concrete sea wall. Reference No.3 Firm Name:City of Doral Contact Individual Name and Title:Stephanie Both,Project Manager • Address:8401 NW 53rd Street Doral,FL 33166 ti Telephone:305-593-6725x6024 Contact's Email:stephanie.bortz@cityofdoral.com Narrative on Scope of Services Provided: Year 5B Canal Stabilization: Canal embankment improvement project of over 10,500 L.P. including demolition, excavation, installation of Stacked Canal Bank Stabilization System and rip rap, re-grading, sodding, head walls, drainage,and a 10'wide asphalt path complete with base&sub-base,striping,and signage. Additional Reference i I Firm Name: Florida Department of Transportation Contact Individual Name and Title:Timothy Butler,Project Manager Address:3400 Commercial Boulevard Fort Lauderdale,FL 33309 Telephone:954-958.7646 Contact's Email:timothy.butler@dot.state.fl.us I , Narrative on Scope of Services Provided: Roadway & parking lot project including excavation, paving, grading, drainage, concrete, pavement marking and signage. I I 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? DYES 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? DYES DNO If yes,why? 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? DYES D 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? OYES D 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? DYES L;NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? E]YES 2 NO If yes,state the name of the affiliate? I I 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? El YES [2]NO If the answer is"yes,"identify the company and type of relationship(s),below: 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? ❑YES LINO If the answer is"yes,'provide the following information for each individual and the affiliated company. i 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? Li YES tNO 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? Ei YES E 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? C1 YES [J 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? DYES LINO 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? LI YES 2 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? ❑YES L1 NO If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? D YES 1 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 Pi NO If yes,state name,title and 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 LINO If yes,list name(first and last name)of individuals,occupation,amount and date: 1 2 3 4 5 6 7 8 9 � I 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, includingthe blacklisting, divestingfrom, or otherwise refusingto deal with aperson or entitywhen 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? (J YES E]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 C]NO 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? EI YES Rl 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? EI YES NO C. Please check all benefits that apply to your answers above and list in the"other" section any additional benefits not aln specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereaver leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Health x Sick Leave x Family Medical Leave x _ Bereavement Leave x 23. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North i I I � Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? OYES I21NO If yes,explain. 24. Financial Capacity. When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. 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=11696 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. At time of request, bidder shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. i { City of Miami Beach Bid 2020-237-AY Bid Price Form (Al ) { Page l 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 A2 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 A2 $ 982,102.00 'Allowance for Trench Safety Act $25.00 Permit Allowance $10,000.00 GRAND TOTAL (TOTAL BASE BID +TRENCH SAFETY+ PERMIT ALLOWANCE) $ 992,127.00 '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: ENCO, LLC Authorized Agent Name: Wilson Sanchez Authorized Agent Title: Managing Member Authorized Agent Signature: 7/28/2020 4:15 PM p.31 Ii { AmmAIEACDEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 { www.miamibeachfl.gov • � 1 EXHIBIT C: REVISED SCHEDULE OF VALUES (Form A2) .....u,��,,.,.,.a.,S 'r, ADDENDUM N0.1 INVITATION TO BID NO.2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH /t I A I B f (--- , PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov G<•rii•,' Total Item . Description Quantity U 1 M Unit Cost (ouanttty_x Unit_Cost .. '' . r GENERAL OCtibitiONS {u .x . ..... ...` '. 1 Indemnification Allowance 1 LS $25.00 $25.00 2 Mobilization/Demobilization/MOT 1 LS $ 12,0{0.0(1 $ .L2,000.00 — 3 General Conditions,Bond and Insurance 1 LS $ 21,800.00 $ 21,800.00 4 Bond and Insurance 1 LS , $ 27,000.00 $27,000.00 4 Remove exisiting picket fence and 275 LF $ I.0.00 $2,750.00 5 relocate --, 5 Remove exisiting chain link fence and 222 LF $6.00 $ 1,332.0() 6 dispose _, 6 Remove existing sidewalk and 110 SF $2.00 $220.00 7_ dispose _ __ 7 Remove existing asphalt and dispose 835 SY $6.00 $5,010.00 8 8 Sawcut and remove existing curb and 50 LF $2.00 $100.00 —I 9 gutter 9 Tree Transplant 4 EA $200.00 $ 800.00 i ' 10 w1-0 Clearing and Grubbing including trees 1 — LS $ 10,000.00 $ 10,000.00 11 and shrub removal and dispose :.SITE WORK .,_: . 14 Site grading 1 LS $ 15,000.00 $ 15,000.00 12 _ _ �(2) 1" Lift of Type SP-9.5 Asphalt Fine 700 SY $ 23.00 $ 16,100.00 1-2 Mix installed per FDOT Standard ______13 _ Specifications (Tack coated) 8"Limerock Base, Min. 100 LBR, 589 SY $25.00 $14,725.00 compacted to 98% maximum dry 43 density per AASHTO T-180(Primed & 14 Tack coated) _ 12" Stabilized Subgrade, Min.40 LBR, 1,150 SY $ 22.00 $ 25,300.00 44 compacted to 98% maximum dry 15 density per AASHTO T-180 4"Concrete sidewalk, including 490 SF $ 5.50 $ 2,695.00 1-5 stabilized subgrade(3,000 psi 16 concrete) Concrete driveway (6")per FDOT 1 EA $5,500.00 $5,500.00 (includes curb and gutter and sidewalk 46 of 4,000 psi concrete w/wire 17 reinforcement) 1-7 Type D Concrete Curb 350 LF $ 25.00 $ 8,750.00 �� f 18 l INVITATION TO BID NO,2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH MIjBAC HI 1755 Meridian Avenue,3R,Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 12"x 8"Header Curb w/(4)#4 steel 70 LF $ 25.00 $ 1,750.00 4-3 reinforcing rods cont. wl#3 stirrups @ 19 30"c.c. 4-9 6"x 24"Concrete Curb w/(2)#5 rebar 565 LF $30.00 $ .16,950.0(1 20 _ _ —20 6"x 18"Concrete Band wl(2)#5 325 LF $ 25.00 $ 8,12 5.00 F1 rebar 21�� 10"Ballast Rock- pervious concrete at 470 — SY $ 28.00 $ t 3,160.00 22 parking stals 22 8" Pervious Concrete-parking stals 470 SY $ 70.00 $ 32 y(10 0(1 23.,,,. 2 23 Bricks Paver Driveway, per CMB 220 SF $ 13,0() $ 3,960.00 24 Public Work Detail RS-2 24 #57 Stone(behind privacy wall) 22 CY $ 70.00 $ 1,540.00 25 25 Limerock or#57 Stone(fill between 24 CY $ $ 26 seawalls) 70.00 1,680.00 5'Aluminum Picket Fence(Along 225 LF $ 100.00 $ 22,500.00 Canal)with a 51-tall x 4'-wide Double 27 Aluminum Picket Gate (8'wide total) Modify/Reinstall gate entry at lift 1 EA $ 3,500.00 $ 3,500.00 28 station Trash & Recycling Receptacles on 3 EA $ 2,000.00 $6,000.00 29 Concrete Pad 30 5'x6'Concrete Pad for Bicycle Racks 1 EA $ 500.00 $500.00 ' 31 Bike Rack 2 EA $1,500.00 $ 3,000.00 :..:::,?....;',y'':.;.. .;...-i::'.. .1,.....:':,:., PAVEMENT:MARKiN,G&SIGNAGE}.<;�; 26 Signs 15 EA $ 150.00 $ 2,250.00 j 32 2-7 Sign Posts 10 EA $ 150.00 $ 1,500.00 33 28 Striping 1 LS $6,000.00 $ 6,000.00 34 29 Install detectable warning 1 EA $ 500.00 $ 500.00 35 . - : :'DRAINAGE , 30 Drainage Pipes(furnish and install) 312 LF $ 90.00 $ 28 080.00 1 —Catch basins -- 3 5 EA $ 3,500.00 $ 17,500.00 j 37 i 1 32 6"Trench Drain w/6"Concrete Collar 20 LF $ 200.00 $ 4,000.00 38 — i Drainage Well complete 2 EA $ 35,000.00 $ 70 01)0.00 I L 39 Uw .nNy. n I ADDENDUM NO.1 INVITATION TO BID NO.2020-237.AY i SURFACE LOT AND SEAWALL AT BISCAYNE BEACH I ' !_ .� PROCUREMENT DEPARTMENT M I AM iB E '", 1755 Meridian Avenue,3°i Floor Miami Beach,Florida 33139 www.miamibeachil.gov .. `S,,, ,A. r.. ..`; WATER. z ,:,::.,,':',:i.:. .1. . . `. , 2"Water Service(irrigation)w/meter 1 EA $ 4,500.00 $ 4,500.00 34 (includes trenching and pavement 1_40 restoration) 35 Vaccuum breaker IN/cage&conc. 1 EA $ .1,500,00 $ 1,500.00 41 pad :.:3,1:•.- ' ".. ,." : ELECTRICAL .j... . . 36 Provide and install one 2"schedule 40 1,425 LF $ 5.00 $ 7,125.00 ' 42 PVC conduit 37 Provide and install#3,600V, XHHW, 250 LF $ 7.0{) $ 1,750.00 43 installed in conduit_ j 38 Provide and install#10, 600V, XHHW, 2,100 LF $ 7.00 $ 14,700.00 I 44 installed in conduit _ Provide and install lighting service 1 EA $ 1,8,000.00 $ 18,000.00 point and splice box(to be provided 3.9 by FPL),complete including FPL 45 coordination 40 Provide and install new electrical pull 6 EA $ 700.00 $ 4,200.00 46 box in earth, complete _, Provide and install new parking lot 8 EA $ 7,000.00 $ 56,000.00 44 light fixture, pole and pullbox complete 47 in place :'LANDSCAPING 42 Silver Buttonwood 6 EA $ 350.00 $2,100.00 48 43 Jamaican Caper 42 EA $ 300.00 $ 12,600.00 49 44 Simpson's Stopper 10 EA $ 500.00 $ 5,000.00 50 ' 45 Wild Tamarind 2 EA $500.00 $ 1,000.00 51 46 Golden Creeper 508 EA $ 9.00 $ 4,572.00 52 47 Green Island Ficus 23 EA $ 9.00 $ 207.00 53 48 i Wild Coffee 166 EA $ 9.00 $ 1,494.(){) 54 . 49 Coontie 9 EA $ 18.00 $ 162.00 55 , 58 Red Tip Cocoplum 226 EA $ 1,0.00 $ 2,260.00 56 I 5-1- Muhly Grass 261 SF $ 10.00 $ 2,610.00 57 52 St.Augustine"Floratam" 4,700 SF $ 0.9 $ 4,230.00 58 9 ADDENDUM NO.1 INVITATION TO BID NO,2020-237-AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH t\AIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3,0 Floor Miami Beach,Florida 33139 www.miamibeachfl.gov 53 59 Planting0 Soil(80% Silica Sand, 20% 60 CY $ 60.00 $ 3,600.0Everglades Muck) 54 Amerigrow Pine Bark Brown Mulch 20 CY $ 80.00 $ 1,600.00 I I 60 55 Gumbo Limbo 7 EA $ 600.00 $ 4,200.00 61 -, '56 Crepe Myrtle 3 EA $ 600.00 $ 1,800.00 62 5.7 Clusia 51 EA $ 50.00 $ 2,550.00 63 58 Landscaping Irrigation 1 LS $ 13,000.00 $ 13,000.00 64 . . " • :-.''',5"'' ': ',."5:--'.• - -',;.i' -:;i-_-, TRUOUR:44:'::',4 r C.-;::..: .'' 9:::',''.:::.'':::--'1.:" ., ::: ,i':;.':',1, 50 Precast Concrete Privacy Wall 145 LF $ 220 $ 31,900.00 65 :). '-'-'7:7-:-.•A: ‘.:.:g•:',.;,.'.,'.::: ',': ',W.,;,FiA.',rn': ''',',1?-•:::''.',,. . :4',:$80k1,W:.::,:•: ;''.i',. -:, !, ;A: •:':.`,.:,•,,;..:. !.:0-..:-i.,* '. 60 Concrete Post 12'tall 3 EA $ 1,500.00 $4,500.00 66 64 Provide and install one 2"schedule 40 500 LF $ 5.00 $ 2,500.00 67 PVC conduit direct buried in place I i 62 Provide and install one rack/support - 1 EA $ 3,500.00 $ 3,500.00 ' 68 for security cabinets, • : I' ' :,:',.: ,?'t,'.::"5-.;;::::;:.!•: '$. AWALL. :,;, .K, :"•%. - :. : -,'.: .0:;'..:';,:‘.•:',:‘ !I -:. : ';::: = ,.. 66. Seawall 220 LF $ 1,200.00 $ 264,000.00 1 69 — 67 Fan Guard 2 EA $ 5,000.00 $ 10,000.00 70 -- 65 Boulder Rip Rap(2'0) 130 CY $ 200.00 $ 26,000.00 71 69 Limerock or#57 Stone(fill between 24 CY $ 70.00 $ 1680.00 72 seawalls) , I , ..._ ' 70 12"C-PVC Pipe(Extension through 3 LF $ 5,000.00 $ 15,000.00 i 1 73 new seawall) 74 Connection to Existing Pipe 1 EA $ 1,500.00 $ 1500.00 74 __. 72 Manatee Grate 1 EA $ 5,000.00 $ 5,000.00 75 73 Additional Grading/Fill due to seawall 18 CY $ 70.00 $ 1,260.00 76 74 TurbidityCurtains -300 .,--,';''..=,'.' •-•:',::;....:,•;: : •',, ,r.''..,Z:::.•:,::::;-:.:',_,:.: ..,.-.::'-' , ALTERNATEW: 2 "--,; .; ' f;:,;:' -!:;•''''' .'.:''.,;.; e•'''';'::'.4, ';''..::,': . Furnish and Install a new 6'aluminum 150 LF $ 200.00 $ 30,000.00 picket fence (to match existing) around pump station in lieu of 77 ro osed salve ed fence. E)krui :.,._ n„........ ICiADDENDUMNTN0.1 v N TO B0 NO.2020-237-AY 1 SURFACE LOT AND SEAWALL AT BISCAYNE BEACH !3M I AM I BAC 1755 Meridian Avenue,3rd Floor • Miami Beach,Florida 33139 www.miamibeachfl.gov gate to be replaced with a new rolling 6 ate only roll east). TOTAL BASE BID AMOUNT Line Items 1-74 Z7 $982,102.00 •i I ..�,....a„�•,.., t ADDENDUM N0.1�.��...,..,.�..,,.....,.�«<�.,=..s.�.�-..�xv�.,,>,,,,x,,.�-.....,�,r,.,,.rk.,.,,m.�,�..,�<..>,.,�.....�.r,„.,,.,.,,..,,.,�..,,,...>�N,�.,,,,�._..y.,<.«�.�,,.,,.�� INVITATION TO BID NO.2020.237•AY SURFACE LOT AND SEAWALL AT BISCAYNE BEACH I i City of Miami Beach Bid 2020-237-AY BID BOND (B1 ) Page l of 2 KNOW ALL MEN BY THESE PRESENTS,that we, ENCO, LLC as Principal,hereinafter referred to as Contractor,and Travelers Casualty and Surely CampanynlAmerica as Surety, are held and firmly bound unto the City of Miami Beach, Florida,as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent(5%) of the Contractor's Base Bid amount of$ Five Percent lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor,materials,equipment, machinery,tools,apparatus,means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications, and any Addenda thereto, for the following solicitation. Bid No.: 2020-237-AY Surface Lot and Seawall at Biscayne Beach 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. • 7/2812020 415 PM p.3G City of Miami Beach Bid 2020-237-AY BID BOND (B1 ) Page 2 of 2 IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this . bond the 21st da..of August ,20 20 . , _ __ y ATTEST: PRINCIPAL: ENCO, LLC ' ,...,—..—„... . . , ,...-- ,''. . •-• ..-'s -'1.-fl IN ('(._ ti,k) (Contractor Name) ' : -- . •• .-- , ,, ,..'.6,., 0,Af Y1\Le ' Signature • . .; - ., ,. _I.. .. - . ---Print-Name' Print Name(Principal) — ------SaeAtIrsi •, i".!/\•=mk czt. v‘.-b _. Title Title COUNTERSIGNED By RESIDENT FLORIDA SURETY: AGENT OF SURETY --- . Travelers Casualty and Surety Company of America --,..-------- A. SigOitire .: , Ns---„,.. (Surety Name) .„. ., . ,,,, .,....• ...,. .. .. Nestor J Rodriguez '----._........__.....,.. Nestor J Rodriguez ., ...• .......,.... , . -, . ., , — .... . it—- Print Name Attomey$h-Fact(Print Name) --- .2-:- • '-. . I. 6, r i;t ....if, (....„._, ' .. .:., ‘""'. .-• , ' ! SOnature (CORPORATE SEAL) (Power of Attorney must .. ....- 7/28/2020 4:15 PM p.37 I Travelers Casualty and Surety Company of America .ea Travelers Casualty and Surety Company J TRAVELERS St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the Stale of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint NESTOR J RODRIGUEZ of WESTON Florida , their true and lawful Attorney-kr-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. i v� "' !'e �.pYRF.Y�nt'i• r+A51a t i , , � CQWr n iA 54,4}. KI ,• rYyJ A'Nr ��; P, " yJ Stale of Connecticut f By: (Robert City of Hartford ss. Robert L.Rane?Senior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America.Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. J,b N`L)��♦ I IN WITNESS WHEREOF,I hereunto set my hand and official seal. fYc *l ao+wrf t �My Commission expires the 30th day of June,2021 L .,.r . 444 ' c r5 lc Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President,any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman., any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it Is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity„ or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority:and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,ally Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile II signature and facsimile seal shall be valid and binding an the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 21st day of August , 2020 . 7j Fy14rrCPa, �. rixHtiBP,", A Crx y, cwlrt g. � stf C✓ { �*S }' viinE.Hughes,Assr tent Secretary• To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. I . r, aq., . Qualifications TAB 1: minimum TOWN OF MIAMI BEACH '1 • ' , r, pi' ',,, t VY,,,, '1 if, i i ' ' '' , • ' g-,---‘, ' —.-..,,,„1, i •.., • , $.• • .2, ; • i ..1 ; ••,,,, , .', • : ,•, .-. •; • r• f., ..,1 --, ',L ., Surface Lot at Biscayne Beach 1 ITB 2020-237 I August 27, 2020 ENCO, LLC ' .„,r/w-r7 4',',-..„..,,-"'.',`---„,C", ''t ..x,'",,,,3.,-;,-P4''<,,,,N,,' •' < , - •.' ..6 i'. ; c,,,f•=4,-,i,/,,,*-i.,- . ,,,,, ,::- ,,, ,,.;, v1,,.0;),:',"" ,,,•?,,.:,,':;:f *I;,,, 0, . . ,,,, ,.' ,','" •-',Xf- '''''' - .,:',.4:,'4,,, --".:2,-,... , t t, ,7, '' ' . . ".,''' 't'•; ,' ,'" ;,'.',.'''‘`..d •-,-,-'. -<-' , --,-,.--- ,..„Lia-, , <' :' a' ' - -.",., ,'''..." , '1.<,,'`;'• !it' "<<'''..-lx...., '3;;C4'-7.':"s• , 1 ' ,'"; ,'''..:"' , ",,"', , •• '..-.' , , „ ., - 2 .,..‘,4".k.,_., --,-<0....s., ,. .s'Y ......,,,„4"9,-.• 1 t '-' ' ''-'14"/' ''' L'"-e. ' ' / '''...?r '.. - ','''-",. • r ''''' '-''''N' • AVIIIONI .s<.'.--:. '' . 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't '4%-,......-tt/ • ,. ,,.,,.,,,. -. -- '' -,"X;' t, i.;''' ''' d e...* .7.47.,;.•t. ,. . ----• ---. :40,i , - , •,. ,I- ...•,.-. , • :;,..''''," . . , l 1 ',1,•,,,,,•;- '.`,4‘-../... ,,,,t, ,,, .,. . • -`I. - A ,,,......,--.•fier' ,.. •.. ,,..-,-.,• .,, „ , „. ,, , . • 1#4..-xr ..:- - -;;;', .. „At, .1.,- , -,6 ,f, r•-•-okl-V ' — ••--,,,,' .,,.,.. `. : , t' . ' -14,4,?..:--1-Lr2',.,i,lea.., ..,,,....4.'•-,•• •". NIP441, .!, e c.-4.:,,,t-W ,,,,,:le 4 , 16,4--,„,11 ,,':,, .k. r.,, - r, .:,' . 1 %1 . ... . -, . ',,,. ',, ,tgr it -c-.7 ,..r.c,. ' .7,tfr.,..-- •,:4,,...:- ,I,r, ;',..x e.,;;;•:41,,J.:..", ,,-,',.."-,,,' ir-,-':1' 'r.,-'","*.IS ' ' .'p its-'''''' '-'•, , e' :ow ..ne . .,., ,..., its4 ,q, ,t.,„4„;,tt I..,,,,,,,,... ,,,,,,, ,t,,,:,, •-,,,,,:r.,,,,..4*.o..ii_rx..• r.,..,.. k,,,-,-A:. , ! W-,:: ",,,r4,=.• ,.. '',4:°-/,'.' 4 Av.„,,.,1,,,w4e....i ..1...,,,,t... r,i.r, _ ,4.,-,-;..7,:••A4-,;:,.. ,„.,., ._ . 1 ' t.:„41,,,,. ::* '.',..-p-,r:If';7 v,:x1f,,..4-,..r. f....'4.1?. ,:;,,,r,.t. l',,,.,,e,,,,,e-4;i,," V: g ',,,•;-:.,- .0..--`` ,' - , ' BUILDING FLORIDA (*A -,•V f?, Fli r.-4.4 Pi ' , til' ',13,(i.(;?' ;(0) 3 eN, ,,,,,-; 'teel ,,>z,-,-...„,, ,,...., . ,,,-„or ,,,.. 1 %qv f , `. L f ENTS Ne i - ,, . . e : . -iv 0 I. GC License 14.1 ; 2.. Previous Experience 4: a. Exhibit A r ;t--- 1 i. Paving & Surface Parking Lots Seawall Systems v. Exhibit B { `y Additional Projects M ` 3. Certificate of Insurance f , ','" , - 4. Resumes „- ,4 -, is 1 5. Equipment List TA.4.\ i {{ ; j I 4 , t I { 4 F fF f A l 1 I i ' i I 1i . Ir . i _ EXHIBIT "I " Corporate Office Ct. :'�"` 'a { t'Gi 4 .F., ` G 5411 Park, 25th 33 23 Pembroke FL 33023 , ,-,-.., 07 'P b 1 ) ,w,, � ., 1-st31,g _Ric y r'o^._N P 954-342-2466 F 954-920-9040 § GGG ^ : www.encollc.com 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Price Date Name:NW 47th Avenue Improvements City of Lauderhill Engineer:Langan Location:Lauderhill,FL 5581 W.Oakland Park Michael Carr,P.E. Lauderhill,FL 33313 W(954)320-2120 mcarr@langan.com J.Martin Cala Paving,drainage, water main $ 3,199,636.00 Sep-20 W Description:Reconstruction of approximately 1.5 miles (954)730-2961 of roadway including drainage.water,sewer,landscape, jmcala@lauderhill-fl.gov irrigation,lighting,pavement marking and signage. w p Florida Department of Transportation Engineer:CTS Engineering,Inc. —I Name:Broward Boulevard Park&Ride 3400 Commercial Boulevard Stephen A Hughes,P.E. c Location:Fort Lauderdale,FL Fort Lauderdale,FL 33309 C(954)668-5107 or W(305)599-8698 s Timothy Butler Paving,drainage. shughes@ctseinc.com $ 909,650.00 Jul-15 rl Description:Roadway&parking lot project including C(954)868-7232 or W(954)958-7646 lighting o5 excavation,paving,grading,drainage,concrete, timothy.butler@dot.state.fl.us Di pavement marking and signage. c 3 City of Fort Lauderdale Engineer:The Corradino Group rti d Name:Progresso Neighborhood Improvements. 100 N.Andrews Ave. Carlos Alcantara,P.E. Location:Fort Lauderdale,FL Fort Lauderdale,FL 33021 C(954)298-2246 or W(305)594-0735 Antoinette Butler calcantara@corradlno.com • C(954)6142125 or W(954)828-3714 Paving,Drainage, $ 1,924,326.00 Jul-16 ter fortlauderdale.gov Sidewalk,Lighting abutler@fortlauderdale.gov Construction of a neighborhood @ improvement project extending approximately thirteen city blocks.These improvements included pedestrian lighting, roadway adjustments,sidewalk,drainage and landscape. Name:SW 36th Avenue Improvements City of Pompano Beach Engineer:R.J.Behar&Company,Inc. 1201 NE 5th Avenue Yulet Miguel,P.E Location:Pompano Beach,FL Pompano Beach,FL 33021 W(954)880-7771 x246 Anthony Alhashemi Seawall relocation, Ymiguel@rjbehar.com C(954)270-3677 or W(954)7864029 Drainage,Asphalt $ 689,618.00 Apr-17 Description:Roadway improvements including Anthony.Alhashemi@copbfl.com and sidewalk demolition,design and construction of a steel sheet pile coffer dam,dewatering,extension of a 60"RCP culvert and relocation of a cast in place concrete sea wall. Name:E.W.P.Canals 20&30 Bank Stabilization City of Lauderhill Engineer:ADA Engineering,Inc. is 5581 W.Oakland Park Waddie Ruiz,PE,CGC m Location:Lauderhill,FL Lauderhill,FL 33313 W(305)551-4608 x321 N J.Martin Cala Seawall construction, wruiz@adaeng.net CO W(954)730-2961 Demolition& $ 3,848,723.30 May-19 Description:Seawall improvements at three locations jmcala@lauderhill-fl.gov Drainage,boat 3 utilizing steel sheet piles and including demolition, ramps drainage,flowable fill,backfill,re-grading,sodding,and rn Installation of 2 maintenance boat ramps. Name:Canal Bank Stabilization-Year 5B City of Doral Engineer:ADA Engineering,Inc. Location:City of Doral,FL 8401 NW 53rd Street Carlos Ortega,P.E. Doral,FL 33166 C(954)558-3214 or P(305)551-4608 Stephanie Bortz cortega@adaeng.net C(786)267-0276 or Rip rap seawall, Description:Embankment improvement project of over W(305)593-6725 x6024 geoweb stabilization, $ 3,201,215.24 Jan-20 10,500 L.F.including demolition,excavation,installation stephanie.bortz@cityofdoral.com asphalt path of Stacked Canal Bank Stabilization System and rip rap seawall,re-grading,sodding,head walls,drainage,and a 10'wide asphalt path complete with base&sub-base, striping,and signage. EXHIBIT "Btr Corporate Office ,; `.,. r.. . #' 5411 Sw 25th Ct. N 11 i .'"1-°a 1t�1,� 1ti hq.. A. F..'R., ,t'F�` Pembroke Park,FL 33023 z., 4..::74 , � ,,'` t. '.Via. ' yy �- cC-^,l,Q, P 954-342-2466 F 954-920-9040 www.encotic.corn ' 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Price Date Name:C-4 Canal Bank Improvements,Palmetto South Florida Water Management Engineer:SFWMD Engineering Department Jesse Phase 2 Flood Protection Berm District VanEyk,P.E. 3301 Gun Club Road C(561)370-4859 or W(561)682-2605 Location:Miami,FL WestPalm Beach,FL 33406 Demolition,Tree jvaneyk@sfwmd.gov Description:Canal embankment improvement project Jesse VanEyk,P.E. removal,Canal including demolition,excavation,fill,installation of high C(561)370-4859 or W(561)682-2605 Bank Stabilization, $ 1,633,273.89 Feb-19 performance turf reinforcement mat,re-grading, jvaneyk@sfwmd.gov Drainage sodding,head walls and drainage. Name:Canal Bank Stabilization-Year 5A City of Doral Engineer:ADA Engineering,Inc. Location:City of Doral,FL 8401 NW 53rd Street Jeffrey Vollat,P.E. Doral,FL 33166 C(561)385-5807 or P(561)615-8880 x209 Carlos Arroyo jvollat@adaeng.net W(305)593-6725 x6024 Geoweb Description:Canal embankment improvement project stephanie.bortz@cityofdoral.com stabilization, $ 2,002,370.00 Mar-18 of over 11,000 L.F.including demolition,excavation, drainage installation of Stacked Canal Bank Stabilization System,re-grading,sodding,head walls,drainage,and a 10'wide asphalt path complete with base&sub- ' base,striping,and signage. Name:C-4 Canal Bank Improvements,Palmetto South Florida Water Management Engineer:SFWMD Engineering Department Jesse Phase 1 Flood Protection Berm District VanEyk,P.E. Location:Miami,FL 3301 Gun Club Road C(561)370-4859 or W(561)682-2605 Description:Canal embankment improvement project West Palm Beach,FL 33406 Demolition,Canal jvaneyk@sfwmd.gov including demolition,excavation,fill,installation of high Jesse VanEyk,P.E. Bank Stabilization, $2,292,176.29 Nov-17 performance turf reinforcement mat,re-grading, C(561)370-4859 or W(561)682-2605 Drainage,Boat sodding,drainage,and installation of maintenance boat jvaneyk@sfwmd.gov ramps ramp. Name:Canal Bank Stabilization-Phase I Town of Miami Lakes Engineer:ADA Engineering,Inc. 6601 Main Street,Suite 208 Jeffrey Vollat,P.E. Location:Town of Miami Lakes,FL Miami Lakes,FL 33014 C(561)385-5807 or P(561)615-8880 x209 Carmen Olazabal,PE. Geoweb jvollat@adaeng.net C(787)307-2054 or W(305)364-6100 stabilization, $ 719,547.00 Mar-17 Description:Canal embankment improvement project drainage of over 3100 L.F.including demolition,excavation, x1133 OlazabalC@miamilakes-fl.gov installation of Stacked Canal Bank Stabilization System,re-grading,drainage and sodding. Name:C-4 Canal Bank Improvements,Sweetwater South Florida Water Management Engineer:SFWMD Engineering Department Jesse Flood Protection Berm District VanEyk,P.E. Location:Miami&Sweetwater,FL 3301 Gun Club Road C(561)370-4659 or W(561)682-2605 Description:Canal embankment improvement project West Palm Beach,FL 33406 Demolition,Canal jvaneyk@sfwmd.gov including demolition,excavation,fill,installation of high Jesse VanEyk,P.E. Bank Stabilization, $ 2,034,170.47 May-16 performance turf reinforcement mat,re-grading, C(561)370-4859 or W(561)682-2605 Drainage sodding,head walls and drainage. jvaneyk@sfwmd.gov • EXHIBIT "Bll Corporate Office �� r4.74-41 },„t 2�C av 5411 Sw 25th Ct. 1s e...v4 4 c 11. 1 ti I e C R i is;6# Pembroke Park,FL 33023 vas � � 1 ` 1' -% y r P 954-342-2466 F 954-920-9040 1 xs S aYr www.encollc.com 1 2 3 4 5 6 Completion Project name,Location&Description Owner name,address&phone number Nature of Work Design Architect and/or Design Engineer Final Contract Price Date Name:Tamarac Bikeway System-Phase III City of Tamarac Engineer:Tamarac Engineering Department 7525 NW 88th Avenue John E.Doherty,P.E. Location:Tamarac,FL Tamarac,FL 33321 W 954 597-3700 Sidewalk,asphalt, ( ) John E.Doherty,P.E. markings John.Doherly@tamarac.org $ 927,365.00 Feb-16 Description:Roadway project including excavation, W(954)597-3700 pavement paving,grading,drainage,concrete sidewalks,curb& gutter,pavement marking and signage. John.Doherty@tamarac.org Name:Rolling Oaks Park Improvements City of Miami Gardens Architect:Calvin,Giordano,&Associates,Inc. 18605 NW 27th Avenue Michael D.Conner,RLA,ASLA Location:Miami Gardens,FL Miami Gardens,FL 33056 C(954)265-6469 or W(954)921-7781 Description:FDOT LAP Agreement including the Anthony Smith Sidewalk,asphalt, construction of an 10'asphalt traiUroadway,lighting, W(305)622-8000 x2803 pavement markings, $ 679,183.87 Oct-14 excavation,grading,paving,concrete,exercise asmith1@miamigardens-fl.gov lighting equipment and site amenities. Name:Term Contract-Bus Shelters&Miscellaneous Broward County Engineer:Broward County Improvements 1 University Drive,Room 401 Kurt Petgrave Plantation,FL 33324 W(954)357-6793 Location:Throughout Broward,FL Kurt Petgrave Paving,Grading, kpetgrave@broward.org Description:Open-end contract to provide W(954)357-6793 Drainage,Structural, $ 3,862,359.00 Aug-14 miscellaneous services including but not limited to the kpetgrave@broward.org Lighting construction of Park&Ride facilities,roadway improvements and bus shelters. Name:Avondale Stormwater Improvements City of Pompano Engineer:Chen Moore and Associates 1201 NE 5th Avenue Jason McClair,P.E. Location:Pompano Beach,FL Pompano Beach,FL 33060 W(954) 730-0707 ext.1003 Description:Roadway project includingexcavation, Anthony Alhashemi Roadway,drainage,jmcclair@chenmoore.com p I pump station @ S 3,189,326.33 Mar-19 paving,grading,drainage,concrete sidewalks,curb& W(954)786-4029 gutter,pavement marking,signage and a stormwater Anthony.Alhashemi@copbfl.com pump station. I f ,•.0s -z, Ron DeSantis,Governor Halsey Beshears,Secretary ()„,t.T.S sFlorida ..,‘„,„ 4,, . ,:......,,, . . 6* .-{ �i 3,.' *� STATE OF FLORIDA ---,00„,,,--,„,,,,„•:•c-.4,..-_,,_-_,...,_-,,,-„,.. ./R DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION • ii CONSTRUCTION..I'NDU�TRWLI:CENSING BOARD •• THE GENERAL CONTRACTOR;HEREIN 1S CER.TIFIED UNDER THE • PROVISIO:NS'GGFFC�F�IAPTER,-489,FLORFDAsSTATUTES fi �. by ,:' .- Y ! 4�\.l :•••._.1,-`.4.`..,;i,Q s 7 1wFy z1 "11,w ��' +, >>t ice' _".- r�, .''e ms n, i ,1 � � et -I EZ'vt: `rfILSON aa V”'s ,'-..,,,,,t, i d 4 7"wxx Slt , �,-'e -J it q4,4 1 e fat ,4 _'4 t¢ q��St 1.a` ':� i k i . a• . Lt ' • 541.1SW25•TH000RTf -,J•' - '` r < :x5411: (> t ,"�d .• PEMBROKEPARK,a FL 33023 ‘t_‘,, ,,i' ` n ,,,.,,. ...,'••,...z,'_,,_,-...,---*3Y kms-T fryl ` i LICENSE NUMBER1 CGC060832 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com E-PirEl L' r .. �• ;, Do not alter this document in any form. rpt: ,, ' [ �. f. T This is your license. It is unlawful for anyone other than the licensee to use this document. ort © AC®R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Diana Rodriguez • NAME: Insurance Consulting Group,LLC {AHICNNo,Ext): (305)347-5651 (aC No): (844)593-9453 1825 Main Street E-MAIL Dianar@insurancecg.com ADDRESS: Suite 102 INSURER(S)AFFORDING COVERAGE NAIC S Weston FL 33326 INSURER A: Tokio Marine Specialty INSURED INSURER B: Travelers C&S of Illinois 19046 Enco,LLC INSURER C: AIG 5411 SW 25th Court INSURER D: Travelers property and casually Company of America INSURER E: StarNet Insurance Company Pembroke Park FL 33023 INSURER F: COVERAGES CERTIFICATE NUMBER: 2019 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR TYPE OF INSURANCE NSD Swyp POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MMIDDIYYYY) XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 DAMAGE TO RETE CLAIMS-MADE X OCCUR PREMISES(Ea occur ence) $ 100,000 MED EXP(Any one person) $ 5, — 000 A Y Y PPK2072264 12/10/2019 12/10/2020 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PTO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B X CINED ," SCHEDULED Y Y BA-8N546214-19-42-G 12/10/2019 12/10/2020 BODILY INJURY(Per accident) $ OS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ • AUTOS ONLY _ AUTOS ONLY (Per accident) X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LIAB CLAIMS-MADE Y Y EBU 011054932 12/10/2019 12/10/2020 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ETPER H AND EMPLOYERS'LIABILITY Y/N 1,000,000 E .ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y KEY0139334 07/01/2020 07/01/2021 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED 1,000,000 • (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ II yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Listed Items 809,368 Contractors Equipment D QT-660-3H560612 03/21/2020 03/21/2021 Leased or rented 50,000 Basic Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached i1 more space is required) ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF MIAMI BEACH ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliant AUTHORIZED REPRESENTATIVE P.O.Box 4668—ECM#35050 New York NY 10163-4668 ;It%" I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: 00009833 _ LOC#: o® A ADDITIONAL REMARKS SCHEDULE Page 2 of 1 AGENCY Insurance Consulting Group, LLC NAMED INSURED Enco, LLC POLICY NUMBER 16CPLCSE20080 CARRIER NAIC CODE Evanston Insurance Company EFFECTIVE DATE: 12/31/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: D:Professional Liability/Environmental Liabiity Carrier: Evanston Insurance Company Policy Number: MKLV2ENV100856 Policy Period: Effective date: 12/10/2019 Expiration date: 12/10/2020 Shared General Aggregate Limit $ 2,000,000 Each pollution Condition Limit $1,000,000 Each Transportation Pollution Condition Limit $1,000,000 Each Non-Owned Disposal Site Pollution Condition Limit $1,000,000 Each Crisis Management and Emergency Response Limit $250,000 Deductible $5,000 • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. INS101 (200801) The ACORD name and logo are registered marks of ACORD 11,*.'14ut 1lilsonSanchez, RE. nn onginedring and con,trocilon company eta. Managing Member „1-41;14'.' ` .- ter` Mr. Wilson Sanchez is a professional engineer registered in the • *yel.e$21 r ` : , J, State of Florida and a Certified General Contractor with many ,t °t `� t `� years of experience in civil engineering, construction, project liCt�_ _ ' . '1+ management, and quality control. He currently serves as ' '. - 42 " : Managing Member and is responsible for overseeing projects, v =F acquiring permits, and ensuring timely delivery and well- , ; executed projects to our clients. EDUCATION & PROFESSIONAL REGISTRATION ' New Jersey Institute of Technology—Newark, NJ • Bachelor of Science in Civil Engineering, 1993 PROFESSIONAL REGISTRATIONS & AFFILIATIONS • P.E. Florida License No.53209 • Engineering Contractors Association • Certified General Contractor CGC060832 (ECA) • Construction Training Qualification Program • American Society of Civil Engineers -Asphalt Technician 1 & 2 I QA/QC Manager (ASCE) RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL The Avondale Stormwater Improvements projects consists of installation of 1 new pump station, 61 drainage structures, 6767LF of RCP, and landscaping throughout. Mr.Sanchez was the Project Manager, working closely with the City and EOR to resolve conflicts with existing utilities, maintaining proper MOT for pedestrian and traffic, and maintaining project on schedule/budget. Park Improvements and Construction Term Contract I Broward County, FL Term contract to provide general construction services to parks in Broward County, such as: • Hillsboro Pineland Natural Area Trail I Coconut Creek, FL The project includes the design, permitting, and construction of a sidewalk, boardwalk, and outlook. • CB Smith Playground I Pembroke Pines, FL Design/build project for construction of new playground, shade structure, and adjacent sidewalk. • Snake Warrior Vegetation Removal I Miramar, FL Coordinate exotic vegetation removal. • Shooster Preserve Boardwalk I Margate, FL Construction of boardwalk, gazebo, concrete path, and parking in an environmentally sensitive area. • Everglades Holiday Park—Fire Well I Fort Lauderdale, FL ' The project includes construction of fire well and corresponding access road. SW 36th Avenue Sidewalk Project I Pompano Beach, FL Located in Pompano Beach, FL this project consists of the construction of 3200 LF of sidewalk, curb & gutter, guardrail, striping and pavement markings, flashing beacons for designated pedestrian crossings, and channel improvements. Channel improvements include the installation of a new 60" dia. reinforced concrete pipe, as well as a new 10' retaining wall requiring sheet piling and continuous dewatering operations during construction. Mr. Sanchez was the Project Manager, and responsible for coordinating all work activities with the City, as well as close monitoring of budget and time. Progresso Neighborhood Improvements Project I Ft. Lauderdale, FL This project consists of approximately 3 miles of new sidewalk, ADA accessible ramps, sodded swales, improved drainage systems, landscaping, and 159 solar-powered pedestrian lighting. It is helping to fulfill the community wide vision of "strengthening connectivity and creating safe, accessible, and pedestrian- friendly neighborhoods." As the Project Manager, Mr. Sanchez was responsible for all RFI resolution, attending project meetings, maintaining project on schedule/budget, and preparation of pay applications. i + Margate and Coral Springs Bus Shelters: Design-Build I Margate, FL and Coral Springs, FL Eight bus shelters were built along Sample Road to encourage use of the Broward County Transit System by providing a safer, comfortable, and convenient alternative. Mr. Sanchez served as the Engineer of Record and Project Manager, designing 8 bus shelters with swale areas, foundations, and sidewalks. Walkway & Bikeway System Phase III I Tamarac, FL This project consists of approximately 6 miles of bikeway and 1.2 miles of sidewalk created to enhance multi-modal transportation, wellness, and recreational opportunities throughout the City. It also includes new fire hydrants, drainage, and swale areas throughout. Mr. Sanchez was the Project Manager responsible for overseeing construction activities and ensuring project was finished on time and budget. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Sanchez served as the QA/QC Manager and oversaw all paving activities. He was also in charge of acquiring all necessary building, electrical, drainage, and traffic permits. Broward Boulevard Park & Ride Surrounding Roadways f Ft. Lauderdale, FL This project's main goal was to facilitate access into and out of the park & ride. As such, turn lanes were added on the surrounding roadways, access roads were widened and re-paved, and a new bus bay was constructed. In addition, the project included a new lighting system, perimeter fencing, sidewalks, and drainage system. Mr. Sanchez was the Project Manager and responsible for overseeing all construction activities, as well as coordinating with the various sub-contractors. North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Sanchez was the Project Manager and responsible for working closely with the Engineer of Record during the design-phase, as his experience and in construction was key in helping complete the project on a tight budget. First City Hall Park Phase 1 I Lauderhill, FL This project includes the construction of a new park complete with drainage, water main, gazebos, water fountains, art components, lighting system, playground and corresponding shade structure, landscaping, and parking area. Mr. Sanchez was the Field Superintendent and coordinated daily construction activities. Helene Klein Pineland Preserve I Pompano Beach, FL This project consisted of the construction of a new park throughout an environmentally sensitive area including 2500LF of colored concrete sidewalk, 550LF of recycled plastic boardwalk, gazebos, information kiosks, picnic tables, and benches. Mr. Sanchez was the Project Manager in charge of completing the project on time/budget, preparing pay applications, procuring materials to site, and acquiring permits. EXPERIENCE PRIOR TO ENCO, LLC Keith &Associates, Inc I Engineering Director Managed the Civil Engineering department consisting of 13 employees including engineers, inspectors, and construction technicians. Oversaw the planning, design, permitting, and construction administration phases of public and private projects. Responsible for preparation of proposals, budgeting, and invoicing. • Hillsboro Boulevard (SR 810) Improvements, Deerfield Beach, FL Reconstruction and beautification improvement project of approximately 1.5 miles of roadway including drainage improvements, culvert/bridge restoration, landscape, irrigation, hardscape features, bike lanes, burial of FPL overhead lines, lighting, and mast arms at three intersections with a construction cost of—$7.5 million. Facilitated negotiations between City, FDOT and FPL. • Atlantic Boulevard Safety Improvement Project, Pompano Beach, FL Managed the consultant performing the design and permitting of the Atlantic Boulevard Safety Improvement Project under a FDOT LAP agreement, and on behalf of the City of Pompano beach. • State Road MA ("S" Curve), Deerfield Bach, FL Involved in the conceptual design and estimating of the realignment of a portion of State Road A1A, known as the "S" curve. Involved in assisting the City of Deerfield Beach work with Broward County • MPO to add this project to the unfounded list. • Broward County Intersection Improvements, Broward County, FL Part of a consulting team providing design and permitting services associated with safety improvements for various intersections throughout Broward County • Harbor Drive Area Improvements, Pompano Beach, FL Project manager in charge of design, permitting and construction administration of a beautification and improvement project including full reconstruction of—1.5 miles of roadway, drainage, water, sanitary sewer, force main, two 2 lift stations, reclaimed water main, new landscape medians, irrigation, hardscape features and traffic circles. Total construction cost is $6.5 million. •Statement of Qualifications 3 c1,-0,,,,,°, P Lucio Micolta ,;94., f1,,'= 11.1%4 C Managing Member art engineering and constfuctton company , Mr. Lucio Micolta is a civil engineer with many years of �'i 4.tre. '5.---' experience in the construction industry having managed a a' � f,• }4t'; myriad of projects in South America and the United States. He ' 't >' � t�t - has extensive knowledge in effective construction practices and . r4 > project management, and currently serves as Construction Ni.,;.Ry .% Manager. His responsibilities include project selection, cost .ti V� , estimation as well as ensuring safe and effective methods of 3, �; construction for all projects. EDUCATION Saint Thomas Aquinas University— Bogota, Colombia • Bachelor of Science in Civil Engineering, 1980 PROFESSIONAL REGISTRATIONS & AFFILIATIONS • MOT Intermediate#15717 • Engineering Contractors Association (ECA) RELEVANT EXPERIENCE North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Micolta was the Construction in charge of maintaining working relationship with inspectors and ensuring accurate construction of project. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Micolta was the Project Manager and responsible for overseeing all construction activities, tabulating quantities for pay applications, attending weekly project meetings, and ensuring project completion on time and budget. Canal Bank Stabilization, Year 5a I Doral, FL The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 8500 LF of bank along the Dressel's Dairy Canal that have severely eroded. It also includes a 2600' long and 10' wide asphalt path adjacent to the canal. Mr. Micolta was the Construction Manager. Canal Bank Stabilization, Year 5b I Dora!, FL The City of Doral Canal Bank Stabilization project stabilizes 8650LF of bank using geoweb panels and 2100LF using a rip rap system along the Dressel's Dairy Canal that have severely eroded. It also includes a 5400' long and 10' wide asphalt path adjacent to the canal. Mr. Micolta was the Construction Manager. C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. Canal Bank Stabilization, Year 7 I Dora!, FLIM progress) The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 4400 LF of bank along the Northline Canal and 1700 LF of bank along the Residential Canal that have severely eroded. Due to limited space available on the canal bank, the entire Residential Canal must be done from the water. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. EWP Canals 20 & 30 Bank Stabilization ( Lauderhill, FL This project stabilizes 2400LF of canal bank in residential areas using 26' to 35'Iong sheet piles. As the canal had limited ROW, most of the work was completed from the water using barges. Mr. Micolta was the Construction Manager/Project Superintendent, managing a 10 person field crew and working closely with the EOR and City to ensure project would be completed on time and budget. Canal Bank Stabilization, Phase 1 I Miami Lakes, FL The Miami Lakes Canal Bank Stabilization project uses geoweb panels to stabilize about 3000 LF of bank along the Golden Glades and Peter's Pike Canal that have severely eroded. Due to limited ROW space, all for this project was done from the water side. Mr. Micolta was the Construction Manager, ensuring project would be completed on time and on budget. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from a hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Mr. Micolta was the Construction Manager, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8 ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to the flooding resulting from a hurricane in 1999 and another no name storm in 2000. Mr. Micolta was the Construction Manager, supervising all field activities. Red Reef Park Boardwalk& Pavilion I Boca Raton, FL The City of Boca Raton Red Reef Park project consists of construction 2500LF of recycled plastic coastal dune boardwalk decking, 4 dune crossovers, 5 pavilions, a turtle-safe lighting system, and upgrades to the existing water system throughout an environmentally sensitive area near the Coastal Construction Control Line. Mr. Micolta was the Construction Manager supervising field crew and ensuring boardwalk, deck, and gazebos were according to drawings and specifications. Margate and Coral Springs Bus Shelters: Design-Build I Margate, FL and Coral Springs, FL Eight bus shelters were built along Sample Road to encourage use of the Broward County Transit System by providing a safer, comfortable, and convenient alternative. Mr. Micolta was the Construction Manager, participating actively during design/construction phases. He provided design ideas that minimized duration resulting reduced construction costs, and supervised the field crew on dailybasis ensuring inp quality work. Renovations and Modifications of Buildings 4181 &4183 I West Palm Beach, FL The Florida's Turnpike Maintenance Compound Renovations project includes both interior and exterior renovations of buildings #4181 and #4183. Interior renovations consisted of new ADA compliant restrooms, sanitary lines, HVAC & electrical systems, and lighting. Outside renovations include removal of existing doors and windows and infill with CMU stucco, replacement of roof, and new 5.5' x 13.5' x 2.5' pile cap footings. Mr. Micolta was the Field Superintendent overseeing all field activities, maintaining accurate quantities for pay applications, and keeping project on schedule. Fern Forest Nature Center I Coconut Creek, FL The Fern Forest Nature Center project included the renovations of existing bathrooms, dressing rooms, • and kitchen through structural, plumbing, and electrical upgrades. There was also the construction of 430LF of recycled plastic boardwalk and one gazebo. Mr. Micolta was the Field Superintendent and Construction Manager in charge of supervising field crew, procurement, and minimizing impact of construction activities on environmentally sensitive areas. Vii �� i..A, � o,,„., Isabella Micolta, P.E. on enginceeing rsrd Con:iruclit•n cornp��np Project Engineer l f ., 3 , '''fr, BVI r Ms. Isabella Micolta is a civil engineer. She came to ENCO, 144 - � °: LLC after working in the nuclear energy sector as a Design ;, ";41 .:' f s, , Engineer and currently serves as Project Engineer, Her r r. ;,.,, ,i responsibilities include project support during bidding and 11' W ;' t"'! ,,�;Y ° , construction, such as preparing proposals and Statements of 1 ,y ti v. Qualifications (SOQs), developing and enforcing project specific ,, p f; f '^ Safety Plans & Stormwater Pollution Prevention Plans (SWPPP), �- -it,-,-,..e., s.. . preparing sho drawin s and payapplications, as well as ' ' �� , � p p 9 p g pp ., e� ,; Canal Bank Stabilization, Phase 1 I Miami Lakes, FL The Miami Lakes Canal Bank Stabilization project uses geoweb panels to stabilize about 3000 LF of bank along the Golden Glades and Peter's Pike Canal that have severely eroded. Due to limited ROW space, all for this project was done from the water side. Ms. Micolta served as the Project Engineer, in charge of procuring materials as needed, supervising field crew, and preparing pay applications. C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Ms. Micolta serves as the Project Engineer and is in charge of procurement of materials needed, coordinating with sub-contractor, preparing pay application, and supervising field crew activities. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8.3ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Ms. Micolta serves as the Project Engineer and is in charge of procurement of materials needed, coordinating with sub-contractor, preparing pay application, and supervising field crew activities. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8.3ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane in 1999 and another no name storm in 2000. Ms. Micolta was the Project Engineer in charge of maintaining working relationships with over 75 residents to facilitate project completion, recording daily field reports, helping with successful RFI resolution and necessary change orders, preparing pay applications, as well as developing and enforcing the project specific SWPPP (Storm Water Pollution Protection Plan). EXPERIENCE PRIOR TO ENCO, LLC Enercon Services, Inc. I Civil/Structural Engineer • Edwin I. Hatch Nuclear Plant FLEX Project I Atlanta, GA FLEX is a strategy developed to address Fukushima task force recommendations in all nuclear plants across the United States. The main issue identified is the plant loosing cooling capabilities as a result of power outage. Ms. Micolta was the Responsible Engineer in charge of designing new conduit runs in Switchgear Rooms 2E and 2F, as well as participating in walk-throughs to assess constructability of the proposed design. • Joseph M. Farley Nuclear Plant FLEX Project I Atlanta,GA FLEX is a strategy developed to address Fukushima task force recommendations in all nuclear plants across the United States. The main issue identified is the plant loosing cooling capabilities as a result of power outage. Ms. Micolta was tasked with researching plant drawings in database to help team effectively design conduit runs by avoiding coring walls containing wires that could result in plant shutdown. She also designed conduit runs and performed calculations dictating whether or not certain walls could be cored. S - 60.4k l 3 ..� ' 2V ..v Luis Andion nn,yngincming and cons,uction cornpeny , ..., n, , ProjectEngineer fry ' �• ~>' Mr. Andion is a Civil Engineer in charge of overseeing every stage of r ` the project, he provides support in the construction management, "` ..:.�_ permitting and design.Among the duties and responsibilities in . ° k. 1. ENCO, LLC include estimating, bidding, shop drawing review, , . 4``.` ',; contract review and inspections. EDUCATION Florida International University—Miami, Florida • Bachelor of Science in Civil Engineering, 2017 PROFESSIONAL REGISTRATIONS&AFFILIATIONS • MOT Advanced Certification •American Society of Civil Engineers (ASCE) RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL This project consists of installation of 1 new pump station, 61 drainage structures, 6800 LF of RCP, and landscaping throughout. Mr.Andion is the project engineer, responsible for procuring materials as needed. Park Improvements and Construction Term Contract I Broward County, FL Term contract to provide general construction services to parks in Broward County, such as: • Hillsboro Pineland Natural Area Trail I Coconut Creek, FL The project includes the design, permitting, and construction of a sidewalk,boardwalk, and outlook at Hillsboro Pineland Natural Area. Mr.Andion was the Project Engineer facilitating all required permitting and design coordination. • Willow Pond Natural Area-Maintenance Entrance Driveway I Fort Lauderdale, FL The project includes construction of a concrete driveway and removal of a existing sidewalk. Mr.Andion was the Project Engineer in charge of the execution of the project according to County specifications. • C.B Smith Park—New Playground Areal Pembroke Pines, FL The project consisted in the drainage and groundwork for children playground to be installed as well as the construction of access sidewalk. Mr.Andion was the Project Engineer responsible for coordinating project sequence EXPERIENCE PRIOR TO ENCO. LLC Building Drops(Dania Beach, FL) I Structural Designer&Drafter • Perform structural analysis calculations for fenestration projects that were to be part of structural composition of residential construction. • Produce&review shop drawings to be in accordance with the Florida Building Code for product approvals. Americaribe/Bouyges Batiment(Miami, FL) I Punchlist Inspector • While still a student, Mr.Andion had the opportunity to work at the late stages of the multibillion dollar project of Brickell City Centre which consisted of a shopping mall,two residential towers and a hotel. °r. w., . 7 ,• ^` Juan Luis Garcia i} �s � , �, ,, Senior Superintendent an engineering and cors/,/Won company With combined international experience among Cuba, Portugal and the U.S, Mr. Garcia plays an important leading role onsite. " L His vast knowledge of the construction ground is certainly an asset for all of the projects he is involved with. He is currently P; responsible for quality control, inspect, schedule and oversee �i ., ,)� 1 ui the construction to run on the critical path and ensure timely " ,t��,, • i completion. t!'t 4.11..i. .';,,. .. -,-....,,,:-,Tt!t cli: U ‘5,4a Li: u v EDUCATION Camaguey University—Camaguey, Cuba • Bachelor of Science in Civil Engineering,2006 RELEVANT EXPERIENCE Avondale Stormwater Improvements I Pompano Beach, FL This project consists of installation of 1 new pump station, 61 drainage structures, 6800 LF of RCP, and landscaping throughout. Mr. Garcia is the onsite superintendent responsible for supervising crew activity. Hillsboro Pineland Natural Area Addition I Coconut Creek, FL This project's main goal was to create a concrete trail and elevated walkway at the park for recreation and j allowance of pedestrians in the area; Mr. Garcia managed the project in a manner to ensure the protection, restoration and preservation of the nature and habitat at the site. Willow Pond Natural Area Maintenance Entrance Driveway I Coconut Creek, FL The project's scope of work included the removal of an existing sidewalk to be reconstructed and to create a driveway entrance for automobiles, Mr. Garcia was in charge of the construction to comply with the specification's requirements. CB Smith Park New Playground Area I Pembroke Pines, FL This project consisted of the creation of a new playground structure as well as a sidewalk surrounding the area. Following protocols of safety of the public was key on Mr. Garcia part, as well as performing the work on time and within budget EXPERIENCE PRIOR TO ENCO. LLC AG Contractors(Miami, FL)I Project Manager • Mr. Garcia was involved with construction of the Staybridge Suites Hotel. Aziconstroi(Portugal)I Engineer Manager&Inspector • Among the projects Mr. Garcia participated in his,nine years with the company were: the construction of Clinical Surgical Hospital, offices fot the Ministry of Transport, warehouse complex in steel structure, Soap Factory, Ceramics Factory and offices for the Ministry of Justice, Construction of the sports complex of the Salesianos of Don Bosco &construction of the water treatment plant and water supply system were also part of his work. Constructora Social de la Vivienda(Cuba)I Company Manager, Engineering Supervisor • In his hometown, he participated in the housing construction of multifamily buildings, construction of Bank(CADECA),the construction of Telecenter&Construction Specialties Polytecnic. UNECA(Cuba)I Project Manager&Engineer Inspector • Mr. Garcia participated in the construction and installation of high buildings; construction of sulfuric acid base.Also was involved with the termination of the International Clinic tourist resort of Santa Lucia as well as railway constructions and construction of multifamily buildings in Camaguey City;As well as being Project manager in the construction of the 5 Stars Hotel Paradisus in the tourist resort of Varadero «x..4. Vip♦ ii wkf''!!i 1 col t s'-'') � � ,� - t, Sandy Sepulveda an nnglnocring and consnor.{lon company Field Superintendent Mr. Sandy Sepulveda is a civil engineer with years of experience , J r-, in the construction industry, both in the Dominican Republic and `' United States. He has experience in commercial and residential `. -, - construction, earthwork, and construction management. He currently serves as Field Superintendent and is responsible for j running daily operations in the field and enforcing safety standards. ' I i EDUCATION Eastern Central University—San Pedro de Macoris, Dominican Republic • Bachelor of Science in Civil Engineering, 2006 PROFESSIONAL REGISTRATIONS & AFFILIATIONS • Engineering Contractors Association (ECA) RELEVANT EXPERIENCE Broward Boulevard Park & Ride Surrounding Roadways I Ft. Lauderdale, FL This project's main goal was to facilitate access into and out of the park & ride. As such, turn lanes were added on the surrounding roadways, access roads were widened and re-paved, and a new bus bay was constructed. In addition, the project included a new lighting system, perimeter fencing, sidewalks, and drainage system. As the Field Superintendent, Mr. Sepulveda supervised daily construction activities and coordinated with electrical and paving sub-contractors. North Perry Airport Park and Ride: Design-Build I Pembroke Pines, FL The park and ride facility located at the North Perry airport provides 175 parking spaces that allow residents in the vicinity to utilize Broward County Transit System. The new location has new drainage and lighting systems, landscaping, and perimeter fencing. Mr. Sepulveda was the Field Superintendent in charge of overseeing daily construction activities, setting up and removing MOT (Maintenance of Traffic) daily, and maintaining working relationship with inspectors. Rolling Oaks Park Pedestrian Trail I Miami Gardens, FL This 3000LF pedestrian trail winds Rolling Oaks Park providing a safe and alternate form of travel for the City's residents, as well as features new benches, LED lighting, and outdoor fitness stations. Mr. Sepulveda was the Field Superintendent overseeing a 4 person field crew during all construction tasks. He closely monitored paving activities ensuring daily spread rates were met. Canal Bank Stabilization, Year 5a I Doral, FL The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 8500 LF of bank along the Dressel's Dairy Canal that have severely eroded. It also includes a 2600' long and 10' wide asphalt path adjacent to the canal. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. Canal Bank Stabilization, Year 5b I Doral, FL The City of Doral Canal Bank Stabilization project stabilizes 8650LF of bank using geoweb panels and 2100LF using a rip rap system along the Dressel's Dairy Canal that have severely eroded. It also includes a 5400' long and 10' wide asphalt path adjacent to the canal. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. Canal Bank Stabilization, Year 7 I Doral, FL(In progress) The City of Doral Canal Bank Stabilization project uses geoweb panels to stabilize about 4400 LF of bank along the Northline Canal and 1700 LF of bank along the Residential Canal that have severely eroded. Due to limited space available on the canal bank, the entire Residential Canal must be done from the water. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with subs Progresso Neighborhood Improvements Project I Ft. Lauderdale, FL This project consists of approximately 3 miles of new sidewalk, ADA accessible ramps, sodded swales, improved drainage systems, landscaping, and 159 beautiful solar-powered pedestrian lighting. It is helping to fulfill the community wide vision of "strengthening connectivity and creating safe, accessible, and pedestrian-friendly neighborhoods." Mr. Sepulveda was the Field Superintendent in charge of supervising field crew, managing daily construction activities, and maintaining daily MOT (Maintenance of Traffic). C-4 Canal Bank Improvements, Palmetto Phase 2 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 2,500LF of canal bank to elevation 8.3ft NGVD29. Similar to the other phases, it also includes an integrated storm-water drainage collection and disposal system, and high- performance turf reinforcement mat to prevent further canal bank erosion. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Palmetto Phase 1 Flood Protection Berm I Miami, FL The Palmetto Phase Berm project is a continuation of the greater scale C-4 Canal Flood Protection Project that was created as a response to flooding resulting from Hurricane Irene in 1999 and another no name storm in 2000. It involves raising 6,000LF of canal bank to elevation 8ft NGVD29. Like the Sweetwater phase completed, it also includes an integrated storm-water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. C-4 Canal Bank Improvements, Sweetwater Flood Protection Berm I Miami, FL This project incorporates raising 5,000LF of canal bank to elevation 8 ft. NGVD29, an integrated storm- water drainage collection and disposal system, and high-performance turf reinforcement mat to prevent further canal bank erosion when water level rise. It is part of the larger scale C-4 Canal Flood Protection Project that was created as a response to the flooding resulting from Hurricane in 1999 and another no name storm in 2000. Mr. Sepulveda was the Field Superintendent, supervising all field activities and corresponding with sub-contractors. EXPERIENCE PRIOR TO ENCO, LLC City of Consuelo Town Hall (Dominican Republic) Project Coordinator • Charged with inspecting project sites in order to monitor progress and adherence to specifications; as well as comply with safety protocols and state sanitation standards Peluchs Company (Dominican Republic) Project Supervisor • Tasked with estimating material costs and quantities needed for job, as well as determining adequate equipment and labor force to minimize project duration while staying under budget • Performed project site visits during construction to monitor progress and consult with contractors and on-site engineers • Review pre-set calculations and analytical data in order to maintain technical reports accurate and up- to-date. EQUIPMENT RESOURCES We take great pride in owning such a diverse fleet of equipment, and do everything in our power to ensure it is always in optimal condition. 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