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Contract with Maverick United Elevator, LLC DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB • "• PvPR‘ L, C® 2022, DocuSign Envelope ID:5BA7FF89-A11F-4F34-84ED-007C78C77F18 Contract no.22-142-01 CONTRACT 5/23/2022 I 2:32 EDT THIS CONTRACT ("Contract") is made and entered into as of , by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and MAVERICK UNITED ELEVATOR, LLC.(the"Contractor"): WITNESSETH,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-2022-142-DF-42"D STREET PARKING GARAGE ELEVATOR MODERNIZATION The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees,from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of four hundred ninety-nine thousand, four hundred dollars ($499,400.00) (the"Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $470,000.00 Deductive Alternate $(16.000.00) Total $454,000.00 Total Owner's Contingency $ 45.400.00 The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Partial and Final Payments will be made as provided for in the Contract Documents. Contract Completion Time&Schedule: Days for Substantial Completion: 270 days Days for Final Completion:30 days 1 i DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB DocuSign.Envelope ID:5BA7FF89-A11 F-4F34-84ED-007C78C77F18 Contract no.22-142-01 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: City of Miami Beach Facilities and Fleet Management Department • 1701 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 Attn:Adrian Morales Ph:305-673-7000 ext.22932 Email:adrianmoralesia'�.miamibeachfl:gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Rafael Paz, City Attorney Ph: 305-673-7000 Email: rafaelpazemiamibeachfl.aov For Contractor: Maverick United Elevator, LLC. Attn: Kevin Reardon 10639 NW 122nd Street Medley, FL 33178 Ph: 954-850-9139 Email: kevin.reardonmavelevator.com • DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB DocuSign Envelope ID:5BA7FF89-A11F-4F34-84ED-007C78C77F18 Contract no.22-142-01 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 DocuSigned by: By: l rABSeA68PD5C4Cf.. By -- Rafael E. Granado,City Clerk a T. Hudak, It M Hager Date: 5/23/2022 12:32 EDT [seal] FOR CONTRACTOR: ATTEST: MAVERICK UNITED ELEVATOR, LLC By: r — By: Name: &V1 h I rC� y N Name: --- Date: J / 3 0 -LZ Date: 3 0,2 [seat] APPROVED AS TO FORM&LANGUAGE & xECUTION tlr OPC(Z2 City Attorney a.c' Dat 3 DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB ATTACHMENT A COMMISSION AWARD MEMO DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Competitive Bid Reports-C2 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T.Hudak,City Manager DATE: April 6,2022 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO.2022-142-DF 42ND STREET PARKING GARAGE ELEVATOR MODERNIZATION. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract to Maverick United Elevator LLC, the lowest, responsible Bidder to Invitation to Bid(ITB)No.2022-142-DF for 42nd Street parking garage elevator modernization based on the contract amount established below;and authorize the City Manager and City Clerk to execute a contract. BACKGROUND/HISTORY The 42nd Street parking garage, located at 400 W 42nd Street,was constructed in 1970.The two existing passenger elevators are in poor condition and need modernization.The aging elevator systems require critical upgrades to improve performance and safety and upgrade the interiors. Accordingly, the Procurement and Facilities and Fleet Departments developed an ITB for elevator modernization for the required upgrades. The scope of work includes replacing hoist machines and ropes and shackles, door equipment, fixtures, controller, safety blocks,battery lowering,a new cab,and interior. ANALYSIS On December 21, 2021, the ITB was issued. A voluntary site visit and pre-bid conference to provide information to proposers submitting a response was held on December 29,2021.A second site visit was held on January 14,2022.Three(3)addenda were issued. The Procurement Department issued bid notices to approximately 70,000 companies utilizing the City's e-procurement system,with 53 prospective bidders accessing the solicitation. ITB responses were due and received on February 11, 2022.The City received three (3) responses from the following firms Austen Builders, Inc., Maverick United Elevator LLC, and TK Elevator Corporation. The ITB stated that the lowest responsive, responsible Bidder meeting all terms,conditions, and specifications of the ITB would be recommended for award. The Procurement and Facilities and Fleet Management Departments have verified that the lowest responsive bid submitted by Maverick United Elevator LLC met the requirements of the ITB,including: 1. Bid Bond.As required, Maverick United Elevator LLC submitted a bid bond for 5%of the bid amount. 2. Licensing Requirements. Maverick United Elevator LLC is State certified as a Registered Elevator Company.The state license number is:614 and expires on December 31,2022. 3. Previous Experience of Bidder. Maverick United Elevator LLC provided the required proof of experience, and the references have been positive. 4. Bidder's Project Manager/Superintendent Experience. Maverick United Elevator LLC provided proof that its assigned project manager has the required experience. Accordingly, Maverick United Elevator, LLC has been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions,and specifications of the ITB. Below is a brief summary of the firm as articulated in its bid response: Maverick United Elevator LLC ("Maverick United") is an independent elevator company covering all of South Florida and specializes in all types of elevator repair, maintenance, upgrades, renovations, and modernizations. Maverick United prides itself on strong and long lasting relationships with its clients and exceeding expectations through exceptional quality of work, frequent communication,and fair and competitive pricing. Maverick United Elevator LLC has not previously completed work for the City, but it has performed work for Monroe County and several privately owned buildings located in Miami Beach.All references provided positive feedback. SUPPORTING SURVEY DATA 4 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB According to the 2019 Community Satisfaction Survey conducted by ETC Institute, the 41st street area ranks third only after Lincoln Road and Alton Road(area between 6th and 17th)in regards to places most visited in the City.This project aims to address available and accessible City parking by modernizing the elevator equipment in the 42nd parking garage. FINANCIAL INFORMATION The bid submitted by Maverick United Elevator LLC,the lowest responsive and responsible bidder,was for the grand total amount of$470,000.00. In addition,the cost proposal required pricing for a deductive alternate option to be selected at the sole discretion of the City.The Administration has elected to exercise the alternate deductive option proposed by Maverick United Elevator LLC for $16,000.Therefore,the total bid costs are decreased to$454,000.00.The contract total,with City's contingency,is$499,400.00. Maverick United Elevator LLC Grand Total(Total Base Bid+Permit Allowance): $470,000.00 Minus Selected Deductive Alternate: ($16,000.00) Plus 10%Owner's Contingency: $45,400.00 Project Total: $499,400.00 Amount(s)/Acount(s): 1480-1720-000350-00-412-526-00-00-00-69380 $454,000.00 480-1720-000356-00-421-000-00-00-00-69380 $45,400.00 $499,400.00 Grant funding will not be utilized for this project. CONCLUSION Based on the foregoing, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Maverick United Elevator LLC, the lowest responsive and responsible Bidder to Invitation to Bid (ITB) No. 2022- 067-DF for the 42nd Street parking garage elevator modernization; and authorize the City Manager and City Clerk to execute a contract. Applicable Area Middle Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking. Facilities and Fleet Management/Procurement ATTACHMENTS: Description D Tabulation DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.3 INVITATION TO BID NO. 2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION February 4,2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. REVISION: ITB DUE DATE AND TIME.The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, February 11,2022. 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. ATTACHMENT: Attachment A- City of Miami Beach Code Section 98-94 titled "Building Permits." Attachment B- DELETE and REPLACE Bid Price Form(A1)with the attached Revised Bid Price Form Al REVISED BID PRICE FORM (Al) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. III. REVISION: ITB Summary—ITB Information &General Requirements-Project Description &Scope of Work, is hereby amended as follows: The City of Miami Beach ("City")constructed the 42nd street parking garage, located at 400 W 42nd Street, in 1970.The two existing passenger elevators are in poor condition and in need of modernization. Bid responses must include all labor, tools, materials, equipment, and mobilization required to complete the Project.Any change order must be approved by the project manager prior to beginning work. The Contractor will be responsible for all permits(if required)and all work shall completed be in accordance with all applicable federal, state,county,and City laws,codes, and ordinances. Further,the Contractor shall maintain the Project site free of debris and trash to be picked up daily. The requesting Department reserves the right to request a detailed schedule of values for all bid responses received. For all stated brands/manufacturers, the bidder(s) may provide an approved equal pursuant to Appendix G-Special Conditions No.1. IV. REVISION: ITB Summary — Project Specific Information & Requirements - Contract Time & Schedule, is hereby amended as follows: 1 1ADDENDUM NO.3 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M 1 AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Days for Substantial Completion: '^ 270 days Days for Final Completion:30 days V. REVISION: Section 0100, Instruction to Bidders, subsection No. 10 Method of Award is hereby amended as follows: Manager for hie/her consideration Following its review of the bids,the City,in its sole discretion,may award project to the lowest responsiveness, responsible bidder based on the total base bid or the total base bid plus any selected alternates.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. VI. RESPONSES TO QUESTIONS RECEIVED: Q1:Would it be possible to have an extension or 2 days for questions? Al: See Revision I above. Q2: The scope of work call for refurbishing the hoist machines and then install 2 gearless machines. Please clarify which it is. A2: The ITB is requesting new Hollister Whitney (or approved equal) Gearless Machine with new Hoist ropes and Shackles. 2 1ADDENDUM NO.3 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q3: Would it be possible to extend the 240 day completion of the project to 300 days? The reason for this request is because lead times have been extended and unpredictable with the manufacturers because of global supply chain issues. A3:See Revision II above. Q4: Will there be any elevator battery backup requirements for this project? A4:Yes,see Section 98-94(e)of the City Code. Refer to Attachment A. Q5:Would the City consider accepting geared equipment instead of gearless as an alternate? A4:Yes. Refer to Attachment B. 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: Danny Flores 305-673-7000 ext.26652 DannyFlores@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. Sin r e n r e ent Director 3 ADDENDUM NO.3 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Attachment A City of Miami Beach Code Section 98-94 titled "Building Permits." 4 I ADDENDUM NO.3 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Sec.98-94. Building permits (a) Up-front processing fee. (1) When the building p rmit appl c o sr c v d,the applican shall p y n"u fro "processing fee s specified in ppendix A. (2) T processing fee is not refund b ,but s be credited tow t e fin bui ding perm fee.T e up front processing fee, fter it is c cu ted,s be rounded up tot e ne rest$5 00 wit minimum fee s specified in ppendix A. (b) Refunds,time limitations,cancellations,change of contractor.T e fees c rged pursu nt to t e sc edu e in ppendix A,prov t e s me re for permit req by S 105 1 oft e F B C m y be refunded by t e bui ding offici subj to t e fo owing: (1) N refunds s be m de on requests invo ving: . P fees oft e minimum permit fee s specified in ppendix A or ess;or b. Permits for w ic p ns review s commenced;or c. Permits revok by t e bui ding offici under ut ority gr nted by t e F orid Bui ding Code;or d. Permits c nce ed by court order;or e. Permits w ic ve expired;or f. Permits under w ic work s commenced s evidenced by ny recorded inspection ving been m de by t e dep rtment.un ess t e refund is due to n overc rge by t e city. (2) A fu refund s be gr nted to permit o der w o t kes out permit covering work outside t e jurisdiction inspection re . (3 A fu refund ess t e minimum up-front permit fee nd ny outside gency fees s be gr nted to permit pp ic nt w o requests refund in writing wit in one ye r of p yment,provided t t no p n review s commenced. A fu refund ess t e minimum permit fee s specified in ppendix A or t e up-front permit fee, w ic ever mount is gre ter,rounded down tot e ne rest do r, nd ny outside gency fees s be gr nted to permit pp ic nt w o requests refund in writing wit in one ye r of p yment,provided t t permit s not been issued. A fu refund ess t e minimum permit fee s specified in ppendix A or t e up-front permit fee, w ic ever mount is gre ter,rounded down tot e ne rest do r, nd ny outside gency fees s be gr nted to permit o der(to w om permit s been issued)w o requests refund in writing wit in one ye r of p yment,provided: . T t t e permit o der m kes written request prior tot e permit expir tion d te; nd b. T t no work s evidenced by ny recorded inspection s commenced under suc permit. (4 W t e permit is revoked,or becomes nu nd void,or expires bec use of ck of work or b ndonment, new permit covering t e proposed construction s be obt fined before proceeding wit t e work,pursu nt to Section 1 .4.1.1 oft e F orid Bui ding Code.I no more t n 18 d ys of t e expir tion d te oft e origin permit s p ssed, nd no refund s been m de ccording tot is section,t e pp ic nt m y pp y to renew t e permit,t e re pp ic tion must be covering t e s me project nd invo ving t e s me p ns, nd must be submitted wit t e p ns nd t e pp ic nt' v id ted copy oft e origin permit.A fee of 2 percent oft e origin permit fee,p us n ddition Created: 2021-12-15 15:21:01 [EST] (Supp.No.83) Page 1 of 2 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB processing fee equiv ent tot e minimum permit fee s specified in ppendix A,s be c rged for renew under t ese circumst nces. For permits t t ve expired w ere t e on y missing component is one or more fin inspections,t e fee for reopening t e permit,performing t e fin inspection(s), nd providing fin pprov on t e permits be c rged b sed on t e minimum bui ding permit fee. ( ) E pp ic tion submitted for permit wi be ev u ted nd fees ssessed ccording y w et er it is for m ster permit, st nd- one permit,or subcontr ct/ subsidi ry permit.A submitt s wi be ssessed t e fees s prescribed in ppendix A,or t e minimum permit fee,w ic ever is gre ter. (c) [Public works fees.]Pub ic works fees ssoci ted wit bui ding permit re s specified in ppendix A. (d) [Violations of state law.]For vio tions of F.S.§ 3. 9 w ic pert in to t e requirement to provide vertic ccessibi ity under t e F orid Americ ns wit D Act, in bui dings wit out n ctive w ee c it ift, certified e ev tor inspector emp oyed by t e City of M Be c E ev tor S fety Section m y issue cit tion in t e m nner provided in subsection 14-442(b).T e sc edu e of vio tion fines s be set fort in section 14-444 ereof. (e) [Elevator construction.]A new nd moderniz e ev tor construction covered by F.S.c .399,except t ose e ev tors in ig -rise bui ding,w ic is defined in t e F orid Bui ding Code,must provide nd require b ttery b ckup owering system t t must utom tic y ctiv to upon oss of norm e ectric power,w ic s ower t e e ev tor to f oor design ted by bui ding personne. (0 No.2 1 -398 ,§6 12-9-1 ,eff.4-1-16;Ord.No.2 2 -43 4,§1,9-16-2 ) Editor's note(s)— 6 of Ord. No.2 1 -398 , dopted Dec.9,2 1 ,effective Apr.1,2 16, mended§98-94 in its entirety.Former§98-94 pert fined to refunds, nd derived from t e 1964 Code;Ord.No.2 11-37 dopted Sept.14,2 11; nd Ord.No.2 12-3779, dopted Sept.27,2 12. Created: 2021-12-15 15:21:01 [EST] (Supp.No.83) Page 2 of 2 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B768-C8257151A3FB /\'\ I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Attachment B DELETE and REPLACE Bid Price Form (Al) with the attached Revised Bid Price Form Al REVISED BID PRICE FORM (Al) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. 5 ADDENDUM NO.3 I INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Revised Bid Price Form (Al ) Page 1 of 1 FAILURE TO SUBMIT THIS REVISED BID PRICE FORM FULLY COMPLETED 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. The City, in its sole discretion, may award project to the lowest responsiveness, responsible bidder based on the total base bid or the total base bid plus any selected alternates. 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 $ Permit Allowance $5,000.00 GRAND TOTAL (TOTAL BASE BID + PERMIT ALLOWANCE) i„n 0400 Sub, s. on 7 �ee�S es esti4� DEDUCTIVE ALTERNATE TOTAL ITEM DESCRIPTION OF ITEM REDUCTION SUBSTITUTE Hollister Whitney (or approved equal) _gearless ALT A machine for Hollister Whitney (or approved equal) geared machine and indicate cost reduction DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I AM I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO. 2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION January 25,2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. REVISION: ITB DUE DATE AND TIME.The deadline for the electronic receipt of bids is extended until 3:00 p.m.,on Wednesday, February 9,2022. 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. RESPONSES TO QUESTIONS RECEIVEED WILL BE ADDRESSED IN FORTHCOMING ADDENDUM 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 RafaelGranador7a,miamibeachfl.gov. Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores(a.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. \o.j ____ rrely,iex Denis Procurement Director 1 ADDENDUM NO.2 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I A! V 1 I B EACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION January 10,2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION: ITB Summary—ITB Information&General Requirements-Important Dates, is hereby amended as follows: Due Date&Time for Bid The deadline for submittal of bids is 3:00 PM,on January-1-1T2022 January 26, Submittal: 2022 Due date may be modified by Join on your computer or mobile app addendum to the ITB. It is important that bidder download all Click here to join the meeting addenda. Or call in(audio only) Phone Number: (786)636-1480 United States,Miami Phone Conference ID:536 442 824,then# Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Last Day for Receipt of January 3,2022 January 14,2022,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 dannyflores@miamibeachfl.gov, with a copy to the City Clerk rafaelgranado@miamibeachfl.gov. Reference:Section 0100, Sub-section 6,Pre-Bid Interpretations. II. CLARIFICATION(S):A second site visit is scheduled for January 14, 2021 @ 10:30 AM at the following address: 42ND Street Parking Garage(G6) 400 West 42nd Street Miami Beach, FL 33140 RESPONSES TO QUESTIONS RECEIVEED WILL BE ADDRESSED IN FORTHCOMING ADDENDUM 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 1 ADDENDUM NO.1 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@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. nce ely, Ale Denis Pr curemil''rector 2 ADDENDUM NO.1 INVITATION TO BID NO.2022-142-DF 42nd STREET PARKING GARAGE ELEVATOR MODERNIZATION DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 ( II ). 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.: 2022-142-DF ITB Title: 42ND STREET PARKING GARAGE ELEVATOR MODERNIZATION Date of Issuance: December 21, 2021 Project Description& The City of Miami Beach ("City")constructed the 42nd street parking garage, located at 400 Scope of Work: W 42nd Street, in 1970. The two existing passenger elevators are in poor condition and in need of modernization. Bid responses must include all labor,tools, materials, equipment, and mobilization required to complete the Project.Any change order must be approved by the project manager prior to beginning work. The Contractor will be responsible for all permits (if required). Further, the Contractor shall maintain the Project site free of debris and trash to be picked up daily. The requesting Department reserves the right to request a detailed schedule of values for all bid responses received. For all stated brands/manufacturers, the bidder(s) may provide an approved equal pursuant to Appendix G-Special Conditions No.1. Scope of Work: • Hollister Whitney Gearless Machine(or approved equal)with new Hoist ropes and Shackles • Door equipment with new GAL package to include all movable linkages and tracks on the hoist way side and new mover door operator on car side.All equipment to be water-resistant.Note:Price will include new doors in stainless steel#4. • Fixtures package from Otis to include car operating panel, hall stations, and car riding lanterns in Otis Vandal resistant line. • Controller: All wiring for hoist-way and traveling, selector assembly, tape and magnets,and inspection station. • Safety Blocks Replacement(If feasible, replace with Type B safeties) • Battery Lowering:To ensure safe evacuation in case of a power outage. • New metal cab and interiors and Diamond Plate Flooring. • Permit and Inspection allowance. • Fire Alarm Coordination for Recall Test for Inspections and electrical disconnect. • Waterproofing Elevator Pit as needed. • Elevator Pit lighting and outlet Proposal to be in accordance with Elevator CSI Specifications provided as part of the ITB. Specifications are further detailed in Appendix E. Project Location: 400 W 42nd Street Miami Beach,FL 33140 Estimated Budget: $400,000.00 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Procurement Contact: Name:Danny Flores,Procurement Contracting Officer I Telephone:305-673-7490 ext.26652 Email:dannyflores(a)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 anmiamibeachfl.gov. Reference:Section 0400,Solicitation Terms and Conditions Important Dates Due Date&Time for Bid The deadline for submittal of bids is 3:00 PM,on January 11,2022 Submittal: Due date may be modified by Join on your computer or mobile app addendum to the ITB.It is important Click here to join the meeting that bidder download all addenda. Or call in(audio only) Phone Number:(786)636-1480 United States, Miami Phone Conference ID:536 442 824,then# Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Site Visit: Date: December 29,2021 Time: 10:30AM ET ® Site Visit will be held. Location: 400 W 42nd Street Miami Beach,FL 33140 ❑ Site Visit is Mandatory. • Site Visit will not be held. Pre-Bid Conference: Date: December 29,2021 @ 1:30PM ET Time: 1:30 PM ET Z Pre-Bid Conference will Location: Microsoft Teams be held. Join on your computer or mobile app ▪ Pre-Bid Conference is Click here to join the meeting Mandatory. Or call in(audio only) ❑ A Pre-Bid Conference Phone Number:(786)636-1480 United States, Miami will not be held. Phone Conference ID:306 096 356,then# Reference:Section 0100,Sub-section 6,Pre-Bid Interpretations. Last Day for Receipt of January 3,2022,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 dannyflores@miamibeachfl.gov,with a copy to the City Clerk rafaelgranado(a)miamibeachfl.gov. Reference:Section 0100,Sub-section 6,Pre-Bid Interpretations. DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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 or the subcontractor(if Bidder is a State of Florida ❑Shall not apply. General Contractor OR Miami-Dade County Licensed Contractor)shall be a State of Florida Registered Elevator Company to be considered for award and submit evidence of licensing with their bid response. Submittal Requirement: Bidder:Submit License Number 2. Previous Experience of Bidder(Firm),its principal(s),or Sub-contractor. Bidder shall submit for the firm,its principal(s),or sub-contractor at least five(5)projects successfully completed of similar size and scope within the last five(5)years, considering similar scope of work to mean modernization of Elevators. 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. Bidder's Project Manager and/or Superintendent.Bidder shall submit at least five(5) projects successfully completed of similar size and scope within the last five (5) years,considering similar scope of work to mean modernization of Elevators,for the project manager and/or superintendent. 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, an electronic copy of the Bid Bond must be submitted through Periscope S2G with the bid on or before the deadline for submittal of bids, in the amount of ®Shall apply. 5%of the bid amount, payable to City of Miami Beach, Florida. Additionally,the original bid bond must be mailed to the address below by the deadline for submittal of bids or within ❑Shall not apply. seven(7)days of request. Failure to include a copy of the bid bond with the bid AND submit the original bid bond to the address below by the deadline for submittal of bids or within seven (7)days of request by the City shall result in the bid being deemed non-responsive. Attn:Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach,33139—1st Floor 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Insurance: If the requirement applies, Bidder agrees it shall fully comply with the following insurance requirements: ®Shall apply. TYPE 8—CONSTRUCTION-SMALL ❑Shall not apply. (INSTALLATION FLOATER) INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of 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,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,and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than$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.) 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 Contractors insurance. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled,except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M.Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e.FWCIGA,FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage— Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements,required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 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(a)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 vendor of his liability and obligation under this section or under any other section of this agreement. Contract Price: As indicated, contract pricing shall be based on lump sum or unit pricing in accordance with Section 0400,Terms and Conditions of the Contract. ®Lump sum pricing shall apply. ❑ Unit pricing shall apply. Contract Time&Schedule: Days for Substantial Completion:240 days Days for Final Completion: 30 days DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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:$200/day 2. Failure to achieve Final Completion:$200/day ®Shall apply. ❑Shall not apply. Reference:Section 0400,Terms and Conditions of the Contract. Local Workforce If the requirement applies, the Bidder agrees it, and its sub-contractors, shall make its best Participation: reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent(30%)of all construction labor hours ❑Shall apply. performed by Miami-Dade County residents. The Contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. ®Shall not apply. Minimum%of Self-Work Minimum%of Self-Work(work performed by the firm's own forces)by the firm holding the Requirement: State of Florida Registered Elevator Company license:90% El Shall apply. See Section 0400,Terms and Conditions of the Contract. ❑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. Required Licenses/Permits: LICENSES: Unless the Contractor is itself a State of Florida Registered Elevator Company, then the Contractor must be a State of Florida Certified General Contractor OR Miami-Dade ®Shall apply. County Licensed Contractor and the following will be required: 1. Copy of State of Florida Registered Elevator Company by its Subconsultant ❑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 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB a. Elevator permit if required b. Electrical permit if required Trench Safety Act Reference:Section 0100,Sub-section 12, Florida Trench Safety Act. Requirements ❑Shall apply. ®Shall not apply. Consultant: N/A Departmental Contract Olga Sanchez,E.I.,C.G.C., LEED AP-Facilities Capital Projects Coordinator Manager: Facilities and Fleet Management Department Contract Administrator: Adrian Morales, Director Facilities and Fleet Management Department Submittal Requirements Submittal Location: Bids will be submitted ELECTRONICALLY ONLY through Periscope S2G (formally known as BidSync)(www.periscopeholdings.com or 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. FAILURE TO SUBMIT THE MOST RECENT COMPLETED: 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB ITB 2022-142-DF 42ND STREET PARKING GARAGE ELEVATOR MODERNIZATION 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—PREVAILING WAGES AND LOCAL WORKFORCE PARTICIPATION APPENDIX D-CONTRACT FORM APPENDIX E - LIST OF PLANS &SPECIFICATIONS (attached under separate cover) APPENDIX F - POST AWARD FORMS APPENDIX G -SPECIAL CONDITIONS DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 Periscope S2G (formally known as BidSync) (www.oeriscopeholdings.com or www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Proposer who has received this ITB by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal 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"). DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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/her 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. Failure to include the Bid Price Form and the Bid Bond (if applicable) shall render a bid non-responsive. Non-responsive bids will not be considered. 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla.Stat., "Employment Eligibility."Therefore,you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 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. Rest of page left blank intentionally. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB SECTION 0300 — ELECTRONIC BID SUBMITTAL FORMAT 1. ELECTRONIC RESPONSES (ONLY). Bids must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the deadline for bid submittals.The City will only consider the latest version of the bid. Electronic bid submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only bid submittals received and time stamped by Periscope S2G (formerly BidSync)prior to the bid submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submitall of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G(c�periscopeholdincas.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for bid submittals. 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 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 incomplete 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 Periscope S2G. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 uploaded and submitted through Persicope S2G. In addition,the original must be mailed to the address below. Failure to submit the original within seven (7)days of bid opening shall result in bid submittal being deemed not responsive and not being further considered. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139- 1st Floor FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE FORM, FORM Al (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND WITH ITS BID SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 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. Rest of page left blank intentional DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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://www.miami beachfl.gov/citv-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/ Rest of page left blank intentionally. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Bid Price Form (Al) Page 1 of 1 FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED 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 $ Permit Allowance $5,000.00 GRAND TOTAL (TOTAL BASE BID + PERMIT ALLOWANCE) 1See Section 0100, Sub-section 12. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 I M Unit Cost (Quantity_X_Unit_Cost) 1 Mobilization 1 LS $ $ ELEVATOR MODERNIZATION:Total price for labor,equipment,transportation, supervision,tools,administrative costs, materials,and any incidental cost necessary to perform all work specified 2 in A s.endix E 1 LS $ $ TOTAL $ DocuSign Envelope ID:Fo4B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX B M I AM I BEACH Pre-Award Forms B1 Bid Bond DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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.) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX C M I AM I BEACH Prevailing Wage and Local Workforce Participation Programs Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB The Requirements of the Prevailing Wage and Local Workforce Participation Programs shall apply to the award of this Project. The purpose of this appendix is to summarize,for clarity,the requirements of the City's Prevailing Wage and Local Workforce Program Requirements. In the event of any omissions or conflicts,the requirements of the City Code, with respect to these programs,shall prevail. I. MINIMUM WAGES AND BENEFITS 1.Employee Compensation.The rate of wages and fringe benefits,or cash equivalent,for all laborers, mechanics and apprentices employed by the Contractor or subcontractor on the work covered by the contract,shall be not 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.(reference:Sec 31-27). 2.Notice Requirement.On the date on which any laborer or mechanic commences work on a construction contract to which this article applies,the Contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article.(reference:Sec 31-29). 3.Certified Payrolls.With each payment application,Contractor shall submit a copy of all payrolls, including(at a minimum)the name and zip code for the covered employee,to the City accompanied by a signed "Statement of Compliance"indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning, January 30, 2018, all payroll submittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a.LCP Tracker Training.The Procurement Department offers ongoing training in LCP Tracker to all contractors.To schedule a training session,contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. II. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit.As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award,the bidder shall submit a Responsible Contractor Affidavit.The Responsible Contractor Affidavit (RCA) is comprised of two (2)forms—RCA-Part A and RCA-Part B. Both forms are required to be submitted with the bid or within 48 business hours of being notified by the Procurement Contracting Officer for the solicitation. Failure to submit the RCA shall result in the bid or proposal being disqualified and deemed non-responsive. a. Part A — Commitment to Promote Local Workforce Participation. The Contractor, and each subcontractor,shall submit RCA-Part A affirming that it 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 affirm that it will make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To download RCA-Part A affidavit, visit miamibeachfl.gov/procurement/local workforce. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB b.Part 8—Position/Employee Data.The Contractor,and each sub-contractor shall submit RCA-Part B with the following sections completed: • Section 1— Indicate the number of positions required to complete the contract work, and the minimum qualification(s)for each position. • Section 2—For the positions indicated in Section 1,specify the name,address,and position of each current employee of the Contractor or subcontractor. • Section 3-For the positions indicated in Section 1,not indicated in Section 2,each Contractor or subcontractor shall specify the number of positions,and the minimum qualification(s)for each position,that the Contractor or subcontractor shall seek to hire to supplement the current employees listed in Section 2. To download RCA-Part B form,visit miamibeachfl.gov/procurement/local workforce. 3. Workforce Performance Report. Before its final application for payment, the Contractor shall submit its final Certified Payroll in LCP Tracker,which shall be deemed its final Workforce Performance Report. If the project goal of thirty percent(30%)of all construction labor hours to be performed by Miami-Dade County residents is not met, the Contractor shall submit supporting documentation verifying reasonable efforts to promote employment opportunities for Miami Beach and Miami-Dade County residents. No final payment application may be approved without this information. DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB III. PROCESS FLOW The following graphic outlining the major steps of the Prevailing Wage and Local Workforce Participation programs is provided illustrative purposes only. 6.Contractor submits Workforce Performance 1.Bidder submits a Report prior to bid or proposal. submittal of final payment it application. 2.With is bid or proposal, 5.Projecct bidder submits Responsible Completed. Contractor Affidavit-Parts A and B. 4.Prior to submitting every payment application, 3.Project Contractors Awarded. submits Certified Payrolls in LCP Tracker. Balance of Page Intentionally Left Blank DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part A— Commitment to Promote Local Workforce Participation In accordance with Article III,Section 31-40 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract valued in excess of$1,000,000 for(i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or(ii)a contract valued in excess of$1,000,000 which provides for privately-funded construction, demolition, alteration and/or repair of buildings or improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements of the Local Workforce Participation Program. The undersigned Contractor affirms that, should it be awarded the contract pursuant to this solicitation, it shall comply with the following: i. The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. ii. The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers' residency, Contractor(s)shall provide the residence address of each worker. Print Name of Affiant Print Title of Affiant Signature of Affiant Name of Firm Date Address of Firm State Zip Code Notary Public Information Notary Public—State of County of Subscribed and sworn to(or affirmed)before me this day of, 20 by He or she is personally known to me ❑or has produced identification ❑ Type of identification produced Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part B — Commitment to Promote Local Workforce Participation SECTION 1—REQUIRED POSITIONS.Specify the total number of positions that will be used by the Contractor(and by all subcontractors)to perform all of the construction trades and labor work of the contract, broken down by trade and labor category, minimum qualifications for each category, and the number of persons to be utilized in each category. Name of Contractor/Subcontractor: A B C D E Trade/Category' Minimum Qualification(s) No.of Positions Required No.of Positions Currently No.of Positions to be for the Work Staffed Hired Total: SECION 2—CURRENT EMPLOYEES.For those positions currently staffed by the Contractor or subcontractor(Column D),identify each individual by name,address and trade category of all persons proposed to perform work under the contract currently on the Contractor's or subcontractor's payroll who reside in Miami Beach and Miami-Dade County. Employee Name Address Trade/Category Performing I certify that the representations contained in this Construction Workforce Plan are to the best of my knowledge true and accurate. Signature of Affiant Print Name Print Title Date DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX D M I AM I BEACH Contract DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the day of , 2022, 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 $ DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Contract Time Days for Substantial Completion: days Days for Final Completion: days 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: FACILITIES AND FLEET MANAGEMENT DEPARTMENT 1833 Bay Road Miami Beach, FL 33139 Attn: Olqa Sanchez/Adrian Morales With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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 Alina T. Hudak, City Manager [seal] ATTEST: [INSERT CONTRACTOR NAME] By: Name: Name: [seal] DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX E M I AM I BEACH Plans & Specifications (attached under separate cover) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB City of Miami Beach 42nd Street Parking Garage Miami Beach, FL 33156 This specification includes work on Elevators: SSN: #1 = 4403 #2 = 4404 w.ElEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 2 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 42nd Street Parking Garage Miami Beach, FL 33156 Contract Bid Specification 1. SUMMARY 1.1. This section specifies required work to complete the modernization of 2 traction elevators. 1.1.1. Elevator work includes: 1.1.1.1. Commercial, standard geared electric traction elevators. 1.1.1.2. Elevator car and hoistway signal equipment. 1.1.1.3. Operation and control systems. 1.1.1.4. Accessibility provisions for physically disabled persons. 1.1.1.5. Engineering, equipment, labor, machines, control systems, devices and accessories as required for safely operating the specified elevator at speeds and capacities noted. 1.1.1.6. Delivery, staging, and hoisting of new equipment. Hoisting, dismantling, removal and disposal of existing equipment. Repair, cleaning and painting of reusable equipment. 1.1.1.7. Materials and accessories as required for completing the elevator modernization. 1.1.1.8. Hoistway, pit and machine room barricades for safety as required. 1.1.1.9. Required hoisting, hoisting permits and traffic coordination and/or permits with local jurisdictions as required. 1.1.1.10. Required permits and coordination and/or permits to final inspections as required for use with local jurisdictions. 2. CODE AND STANDARD REFERENCES 2.1. Comply with most recent adopted applicable building codes and elevator codes at the project site, including but not limited to the following: 2.2. Florida Statute 399 2.3. Florida Administrative Code 61C-5 2.4. State of Florida Building Code, Statutes or requirements by State or Local authority having jurisdiction (AHJ) 2.5. ASME A17.1 Safety Code for Elevators and Escalators, most currently adopted including the Applicable State of Florida amendments www.EIEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 3 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 2.6. ASME A17.2 Guide for Inspection of Elevators and Escalators most currently adopted including the Applicable State of Florida amendments 2.7. ADAAG, Americans with Disabilities Act Accessibility Guidelines 2.8. NFPA 70, National Electrical Code most currently adopted including the Applicable State of Florida amendments 2.9. NFPA 80, Fire Doors and Windows most currently adopted including the Applicable State of Florida amendments 2.10. ANSI/UL 10B, Fire Tests of Door Assemblies most currently adopted including the Applicable State of Florida amendments 2.11. NFPA 72, National Fire Alarm Code most currently adopted including the Applicable State of Florida amendments 2.12. NFPA 101 most currently adopted including the Applicable State of Florida amendments O.S.H.A. Requirements for construction and repairs of existing buildings 2.13. Elevator Industry Field Employees' Safety Handbook 3. ELEVATOR SYSTEMS DESCRIPTION 3.1. Note: Sections 4 is provided as an overview of the Elevator Specifications. The purpose of the overview is to provide a summary list of elevator work needed. The overview gives reference numbers as a guide to the specifications. Section 4 is not a replacement for the balance of the specifications. Design of specification listing designated manufacture is not intended to limit the bids only to certain product. Use of similar product will be considered, however the bid must indicate any deviations from the specification for clarity to building owner. 4. 42nd Street Garage Traction Elevator Arrangement and Overview of work. 4.1. Traction Elevators SSN:#1 =4403#2=4404 4.1.1. Specific requirements for the elevators or component shall be designated as such and shall not apply to other elevator in the building. It shall be the bidder's responsibility to review and verify all of the specifications as required for proper bid and installation. Specifications for elevators include minimum requirements of all elevators and it shall be the responsibility of the bidder to complete all work to code compliance. 4.1.1.1. Quantity: Two with Elevator Numbered as above. 4.1.1.2. Type: Retain existing geared electric traction machines. See Section 15.11. 4.1.1.3. Number of Stops: Elevators to match existing. 4.1.1.4. Rise: Elevators 5 Landings. 4.1.1.5. Rated Capacity match existing. www.ElEvatorC5!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 4 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 4.1.1.6. Speed: Existing speed is 200 fpm. 4.1.1.7. Minimum Car Inside: Maintain existing platform size. 4.1.1.8. Inside Cab Height: Maintain existing clear headroom dimensions inside car. 4.1.1.9. Entrance Width &Type: Existing size and configuration. 4.1.1.10. Main Power Supply: 480 VAC to include a separate equipment earth ground conductor,field verify. 4.1.1.11. Lighting Power Supply: 120 Volts, 1 Phase, 15 Amp, 60 Hz. 4.1.1.12. Stopping Accuracy: ±1/8" under any loading condition or direction of travel. 4.1.1.13. Traction elevator Floors shall be designated as existing. 4.1.1.14. Hall doors and risers: See Section 15.1, 18, 19, 20. 4.1.1.15. New car door operating equipment including door gibs. See Section 23. 4.1.1.16. New door restrictors. See Section 23.7. 4.1.1.17. New Controllers, drives and leveling systems. See Section 15.11. 4.1.1.18. Retain and recondition existing hoist machines. See Section 15.11. 4.1.1.19. Recondition drive sheave sheaves. See Section 15.11. 4.1.1.20. Replace hoist ropes. See Section 15.12. 4.1.1.21. Install rope brake. See Section 15.11. 4.1.1.22. Install rope lubricating system. See Section 15.12. 4.1.1.23. Replace travel cables. See Section 15.14. 4.1.1.24. Rebuild or replace safeties as required. See Section 15.8. 4.1.1.25. Balance Car/Counter weights. See Section 15.15. 4.1.1.26. Retain governors, tension sheave and replace governor ropes. See Section 15.13. 4.1.1.27. Replace all car and counterweight rollers. See Section 15.9. 4.1.1.28. Install Platform Guards. See Section 15.2 to 15.4. 4.1.1.29. Replace limit switches. See Section 15.18. 4.1.1.30. Replace all hoistway and machine room wiring. See Sections 15.14, and 15.16. 4.1.1.31. Car and hall lanterns, position indicators and fixtures. See Section 20, 21. 4.1.1.32. Replace Cabs and LED lighting. See Section 21, 22, 23, 24. 4.1.1.33. Install new electronic door safety edge devices. See Section 23.8. www.ElEvatorCSI.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 5 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 4.1.1.34. Install car top safety rails. See Section 15.5. 4.1.1.35. Install new car top switch at escape hatch cover switch. See Section 16. 4.1.1.36. Install new car top inspection/run station. See Section 17. 4.1.1.37. Install contacts and control circuit to high water alarms installed by others. See Section 15.21. 4.1.1.38. Code Data Plates and Alteration Data Plates. See Section 15.22 5. SUBMITTALS • 5.1. Product data: Submit product data for the following: 5.1.1. Elevator car and hoistway fixtures. 5.1.2. Operation, control, and signal systems. 5.1.3. Controller, Drive, Motor, and all major components of system. 5.1.4. Door operating equipment. 5.1.5. All car and hall fixtures identified as to elevator cab or lobby locations. 5.2.Shop drawings: 5.2.1. Show equipment arrangement in the machine room, elevator control, transformers, disconnects and dispatching equipment in the machine room. Provide plans, elevations, sections and details of assembly, erection, anchorage, and equipment location as required. 5.2.2. Indicate elevator system capacities, sizes, performances, safety features, finishes and other pertinent information. 5.2.3. Show Floors served including designations, existing travel distances, maximum loads imposed on the building structure at points of support and all similar considerations of the elevator work. 5.2.4. Indicate electrical power and HVAC requirements and branch circuit protection device recommendations and locations. 5.3. Certificates: Inspection and acceptance certificates of elevator system installation on completion. 5.4. Operation and maintenance data. Include the following for each elevator: 5.4.1. Operation and maintenance instructions. 5.4.2. Parts list, with recommended parts inventory. 5.4.3. Wiring diagrams for control system including any in field modifications. 5.4.4. Copy of field pull sheet wiring as built notes. Pull sheets to include wire numbers and colors. 5.4.5. Maintenance Control Plan. www.ElEvatorC J!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 6 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 5.4.6. Elevator Emergency Evacuation Plan. 5.4.7. Manufacture installation and adjustment Manual. 5.4.8. Manufacture Maintenance Manual. 6. QUALITY ASSURANCE 6.1. Elevator Contractor Qualifications: Elevator Contractor shall provide pre-engineered elevator system components by manufacturer(s) regularly engaged in the manufacture of elevator systems and that complies with ASME A17.1 Safety Code for Elevators and Escalators, including the Applicable State of Florida amendments in its entirety, all applicable sections of the State of Florida Building Code in its entirety, and additional requirements specified herein. 6.2. The elevator contractor shall have a documented, on-going quality assurance program. 6.3. Installer Qualifications: The manufacturer or an authorized agent of the manufacturer with not less than ten years of satisfactory experience installing elevators equal in character and performance to the project elevators. All mechanics employed to work onsite must have a valid Certificate of Competency issued by State of Florida Bureau of Elevator Safety. There shall not be allowed onsite more than one helper or assistant unlicensed per onsite-licensed mechanic. 6.4. Permits and Inspections: Apply and secure all permits and inspections as required. Elevator contractor is responsible for proper posting of all required licenses, permits and safety documentation. 6.5. Letter of guarantee that any and all equipment installed shall be completely non- proprietary and shall not require the need for specialized testing or programming tools currently or in the future. Future information for trouble shooting or adjusting shall be available to any licensed elevator maintenance contractor by the supplier of the control system at a reasonable cost comparable to cost of competitive parts within marketplace. Contractor shall provide complete schematics and wiring diagrams for control systems including information for change of program, on board diagnostics or mnemonics, or other on board switches or settings. Any controller by a manufacturer other than specified must be pre-approved prior to bid. Letter stating agreement to the above compliance shall be signed by an officer of elevator contractor and shall be notarized. 7. INSPECTION AND TESTING 7.1. Elevator Installer shall obtain and pay for all required tests, permits and fees for elevator installation as required by the City of Miami Beach. 7.2. City of Miami Beach, in accordance with ASME A17.1 Safety Code for Elevators and Escalators, including the Applicable State of Florida amendments, 8.10.2.3 Inspection and Test Requirements, may be present for and review all acceptance inspections. www.ElEvatorC9!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 7 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators Elevator Installer in accordance with ASME A17.1 Safety Code for Elevators and Escalators, including the Applicable State of Florida amendments, 8.10.2.3 Inspection and Test Requirements will schedule and coordinate all acceptance tests and arrange for inspections. Elevator contractor must notify Building Owner with a minimum of 5 working days prior to inspection advising of the date and time of all inspections and tests. 7.3. Elevator contractor shall be solely responsible for the application, securing, maintaining, completion and posting of existing elevator permits as per City of Miami Beach and delivery to the Owner upon completion and acceptance of elevator work, the certificate of operation. 7.4. All signage as required by State of Florida Building Code, latest applicable edition of ASME A17.1 Safety Code for Elevators and Escalators, NFPA 70 National Electrical Code and NFPA 72 Fire Alarm Code to be posted in elevator lobbies, fire alarm panels, disconnects, machine rooms and machine room doors. 7.5. Any equipment that is provided for installation which would require any specialized tool, devices, manuals, source codes, access codes, objects, passwords and/or software to input parameters, make adjustments, troubleshoot, perform diagnostics, perform testing functions or required for any other type of maintenance or repair function shall be included with the modernization cost of this contract and will become the property of the Building Owner. At the time of bid submission, this shall be identified as such on the bid document. 7.6. Elevator contractor is responsible for all protection both inside and outside of hoistway to all personnel inside or outside of hoistway areas. This includes providing and maintaining of protective barricades at hall entrances, screening of each hoistway during work and protection from trip hazards due to storage or use of materials or drop cords. 7.7. Elevator contractor is to provide due care to protect building parking areas,flooring, doors, ceilings and walls from excessive debris, dirt or damage due to workmen onsite. 8. DELIVERY, STORAGE AND HANDLING 8.1. Deliver elevator materials, components and equipment in manufacturer's protective packaging. 8.2. Elevator equipment disassembled for replacement shall be stored in a dry, protected area for utilization as replacement parts, such as motor generators, drive machines and controllers, to maintain existing elevators which are not yet in the modernization phase of the project. Equipment shall remain until approved for disposal by the elevator consultant. 8.3. Store materials in a dry protected area provided by owner. Protect and handle materials in accordance with manufacturer's recommendations to prevent damage, soiling, or deterioration. www.ElEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 8 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 8.4. Elevator contractor shall be responsible for the material handling of all elevator equipment to site storage area. Elevator contractor will be responsible for keeping all stored materials inside storage area with lock and key. 8.5. Elevator contractor shall be responsible for crane services for the removal the existing equipment from the machine rooms and placement of the new equipment in the machine rooms. 8.6. Locked and protected storage for elevator contractor's tools or materials at site is contractor's responsibility. Key will be provided for elevator machine room, which is located on top building level, and can be utilized for storage or securing of tools and equipment. This is the only area available on site for storage of any elevator materials, equipment or tools. 8.7. Authorized elevator personnel only are responsible for temporary installed barrier panels as may be required during construction to protect the openings at elevators at each floor. Panels may be removed only while the authorized elevator personnel are to perform work in the immediate area of the unprotected opening. When panels that are required to be removed, contractor must provide other safe means to protect the public from the areas of danger. Authorized elevator personnel shall re-install all barriers as required to maintain the original solid and safe protection to the opening prior to leaving immediate work area of the opening. 9. PROJECT CONDITIONS 9.1. Prohibited Use: Elevator that is turned over to the contractor for modernization work shall not be used for any purpose during the construction period before Substantial Completion. The elevator will only be turned over to the owner upon completion of all modernization work, including successful completion of all required inspections and tests including acceptance by consultant. 9.2. Security: Any and all onsite workmen and receiving of products to site are required to follow security and safety procedures as per OSHA and City of Miami Beach Parking Facilities policies. 9.3. Painting: Except as otherwise specified, paint all metal work provided by the elevator manufacturer and installer. Permission must be granted prior to any paint, welding, open flames or cleaning product used at the site containing or contributing to volatile vapors inside hoistways, machine rooms or lobbies. 9.3.1. Provide all ferrous metals installed in the hoistway shop primed with a rust inhibitive primer. 9.3.2. Remove rust, clean, degrease and paint any existing required parts or components for a like new condition. ...Elevator CSII.com Elevator Contractor Initial DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Page 9 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 10.WARRANTY 10.1. The elevator contractor's acceptance is conditional on the understanding that their warranty covers defective material and workmanship. The guarantee period shall extend to one (1) year from the date of completion or acceptance thereof by beneficial use; whichever is earlier, of each elevator. The guarantee excludes ordinary wear and tear or improper use, vandalism, abuse, misuse, or neglect or any other causes beyond the control of the elevator contractor and this express warranty is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. Condition or workmanship not mutually agreeable as satisfactory to Building Owner and elevator contractor shall be determined by the. City of Miami Beach as final for the replacement, repair or continued use of product or part in question. 11.CONTRACT PREVENTIVE MAINTENANCE 11.1. Contractors are to quote monthly cost for Preventive Maintenance Agreement only for elevators that are the subject of this modernization commencing upon completion of the warranty period specified in the modernization specification per the maintenance specification starting at the end of the modernization part of this document. Submit quote based upon terms and conditions of BID ITEM #002 - ELEVATOR MAINTENANCE SPECIFICATION, as detailed by the City of Miami Beach maintenance bid solicitation. Maintenance included as a part of this contract shall be for 12 months at no additional monthly charge with service and requirements identical to the City of Miami Beach maintenance contract for elevators. 12.ACCEPTABLE MANUFACTURER 12.1. Only products and components produced or provided by manufacturer(s) regularly engaged in the manufacture of elevator products, and that complies with ASME A17.1 Safety Code for Elevators and Escalators, including the Applicable State of Florida amendments in its entirety, ASME A17.2, State of Florida Statutes, all applicable sections of the State of Florida Building Code in its entirety, and additional requirements specified herein are acceptable. The City of Miami Beach will approve bidders using products as specified within this document. This design is not to preclude similar product by other manufactures, however changes from specified product will require approval by the consultant as equal. 12.1.1. Motion Control Engineering 12.1.2. Hollister Whitney 12.1.3. G.A.L. Manufacturing 12.1.4. Innovation Industries 13. MATERIALS, GENERAL 13.1. Colors, patterns, and finishes: As selected by City of Miami Beach from manufacturer's full range of standard colors, patterns, and finishes. „ww.ElEvatorC !.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 10 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.TRACTION ELEVATOR CONTROLLERS AND LANDING SYSTEMS 14.1. ADA Requirements 14.1.1.The elevator controller shall comply with Title III of the Americans with Disabilities Act(ADA). • 14.1.2. Leveling Accuracy: The controller shall have a self-leveling feature that shall automatically bring the car to floor landings within a tolerance of 0.5" (12.7 mm)or better under all loading conditions up to the rated load. 14.1.3. Hall Lanterns: The controller shall have outputs to drive the visible and audible signals that are required at each hoistway entrance to indicate which elevator car is answering a call.Audible signals shall sound once for up, twice for down. 14.1.4.Car Position Indicators: The controller shall have a position indicator output to drive the required position indicator which shall indicate the corresponding floor numbers as the car passes or stops at a floor. An audible signal shall sound as the position indicator changes floors. 14.2. Non-Proprietary Equipment 14.2.1.Only universally"Serviceable and Maintainable," Non-proprietary elevator control equipment shall be accepted. Non-proprietary standards recognize specific owner's rights: 14.2.1.1. The right to all information needed for diagnosis, service, and repair. 14.2.1.2. The right to access on-board computers, including the information they store and the ability to diagnose, repair, and/or reprogram these systems. 14.2.1.3. The right to select from among multiple sources for maintenance and repair in a competitive marketplace. 14.3. OEM Products 14.3.1. MCE products or GAL Galaxy controllers' including identification labels that do not have proprietary diagnostics. 14.3.2.MCE may manufacture products for the OEM (Original Equipment Manufacturer) market that do not carry MCE identification labels. These products may have proprietary diagnostics owned by the manufacturer. 14.3.3.Any of the statements below can be used to ensure that non-proprietary diagnostics are furnished regardless of the elevator manufacturer: 14.3.3.1. Provide MCE non-proprietary diagnostics. 14.3.3.2. Provide non-proprietary diagnostics by MCE. 14.3.3.3. Provide non-proprietary diagnostics. 14.4. Environmental Considerations 14.4.1.The elevator controller shall operate within the following environmental conditions: www.EIEvatoPCS .com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 11 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.4.1.1. Ambient temperature: 32F degrees to 104F degrees. 14.4.1.2. Humidity: non-condensing up to 95%. 14.4.1.3. Altitude: Up to 7500 feet(2286 m). 14.5. Traction Elevator Control 14.5.1.The elevator controller shall be microprocessor based and designed specifically for elevator applications. Elevator and drive logic shall be implemented independently of safety functions. 14.5.2. Elevator logic shall be implemented on a single processor to facilitate tight coordination between subsystems and enhance reliability. The implementation shall utilize a real-time, multi-tasking operating system to allow the processor to simultaneously execute elevator control logic, drive control logic, operator interface logic, and communication support. 14.5.3.The elevator controller shall provide the ability to access significant memory capacity for configuration parameter storage, event recording, real-time diagnostics, and program execution. 14.5.4.The elevator controller shall have an independent safety system in order to implement safety features required by code. The safety system implementation shall utilize solid state devices. No relays shall be used for safety logic. The safety subsystem shall incorporate a check redundant, dual-processor, dual-path, solid- state, ASME A17.1-2013 compliant implementation that meets CSA and CE standards. 14.5.5.The elevator controller shall be configured and packaged in such a way that external "jumpers"cannot be used (intentionally or unintentionally)while the elevator is running in any passenger mode of operation. Non-passenger modes of operation shall be provided, along with means to bypass safety functionality, to allow inspection testing and other setup and/or troubleshooting operations. 14.5.6.The elevator control logic configuration shall be fully field programmable. Changes in number of floors, I/O configuration, drive setup, eligibility etc. shall not require the replacement/reprogramming of EEPROMs or other storage devices. Further, changes in the controller configuration shall be user adjustable in the field. 14.5.7.The elevator controller shall have extensive diagnostic capability. A built-in LCD display or equivalent shall allow access to major user functions and diagnostic features. The display shall be a multi-character, multi-line type with associated keypad to allow users to enter information. The display shall show data and menus in readily understood character format. No numeric, hexadecimal, or binary codes are acceptable. 14.5.8. Dedicated indicators shall be provided in a conspicuous location on the elevator controller to indicate important system statuses, such as when the safety string is closed, when the door locks are closed, when the elevator is on Inspection/Access, etc. In addition, other special or error conditions detected by the main processor or safety subsystem shall be displayed. wwww.ElEvatorC5e.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 12 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.5.9.The elevator controller shall support an interface for communication and interaction via a separate application program running on a Windows PC. This application shall communicate with the controller and allow the user to access controller configuration parameters, view real-time elevator status information, initiate and facilitate setup and adjustment procedures, and provide advanced troubleshooting capabilities. The PC application shall be designed specifically for elevator applications and shall graphically and dynamically display information from the controller. 14.5.10. A PC application shall provide facilities to manage elevator controller configuration parameters. The user shall be able to manage and manipulate parameters including: 14.5.10.1. Retrieve from the elevator controller and view/edit. 14.5.10.2. Retrieve from the elevator controller and save to a file on the PC. 14.5.10.3. Retrieve from the PC, view/edit, and download to the elevator controller. 14.5.10.4. Manage separate configurations for multiple elevator controllers. 14.5.11. The user shall be able to select specific groups or subsets of parameters to send or retrieve from the elevator controller. 14.5.12. A PC application display shall provide motor field (where applicable), armature and brake voltages, armature current, intended and actual car speeds and hoist machine RPM. The PC diagnostics and adjustment display shall include online context-sensitive parameter descriptions and help information for fault troubleshooting. 14.5.13. The controller shall maintain an event log that records noteworthy events or faults. They shall be displayed in chronological order and time stamped for analysis or review. Data displayed shall include the type of event or fault, the date and time it occurred, and the position of the car and status of various flags at the time of the occurrence. The event log shall be able to be saved and reviewed offline via the PC application. 14.5.14. Communication between the elevator controller and the PC application shall be via a standard 100 base T TCP/IP network connection. The elevator controller shall be compatible with standard networking equipment(cables, hubs, switches and routers etc.). 14.5.15. A PC application and elevator controller shall support remote connection via the internet. The elevator controller shall support up to four simultaneous PC connections (remote and/or local). A mechanism shall be provided to prevent the unauthorized alteration of elevator configuration parameters. 14.5.16. A controller test switch shall be provided. In the test position, this switch shall enable independent operation of the elevator, with the door open function deactivated, for purposes of adjustment and testing. The elevator shall not respond to hall calls and shall not interfere with any other car in a duplex or group installation. www.EIEvator -!.corm Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-8788-C8257151A3FB Page 13 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.5.17. Switches for controller inspection, enable, and up and down shall be provided to place the elevator on Inspection operation and allow the user to move the car from the machine room. The car top inspection switch shall render the controller inspection switch inoperative. 14.5.18. The elevator control and safety functions shall be part of an integrated system designed for ease of use, with diagnostics and parameter adjustments accessible through a common user interface. 14.5.19. The brake supply shall be capable of providing at least four independently adjustable values of output voltage in order to provide smooth lifting, holding'and releveling. These values shall be adjusted via computer parameters. Manual adjustment of resistor values shall not be required. 14.5.20. The elevator controller shall provide auto-tuning of the brake control values. 14.5.21. The controller shall provide logic to detect a failure of brake voltage to properly decay and relax a picked brake to hold/cooling position. 14.5.22. The brake control system shall include circuitry to detect insufficient brake current. This failure shall cause the elevator to be removed from service at the next stop and remain out of service until the condition is corrected. 14.5.23. For gearless applications, the drive control system shall use an optimized speed profile in a dual-nested-loop feedback system based on car position and speed. A speed feedback device (tachometer or encoder)shall permit continuous comparison of motor speed with the calculated speed profile to provide accurate control of acceleration and deceleration—right up to and including the final stop, regardless of direction of travel or load in the car. Drive subsystem control parameters shall be digitally adjustable through software and shall be stored in non-volatile FLASH memory. 14.5.24. The system shall provide adaptive gain parameters for optimum control of elevator speed throughout its travel. 14.5.25. The system shall use a device to establish car position to an accuracy of 0.1875" (4.76 mm)or better, using a quadrature signal operating over the entire length of the hoistway. 14.5.26. The system shall use an automatic two-way leveling device to control the leveling of the car to within 0.25" (6.35 mm)or better above or below the landing sill. Over-travel, under-travel, or rope stretch shall be compensated for and the car brought level to the landing. 14.5.27. A system for pre-torqueing the hoist motor shall be made available to ensure consistently smooth starts. An electronic load sensor shall be required to implement the pre-torqueing feature. 14.5.28. Pre-start sequencing shall be provided to safely energize the machine prior to the doors closing on a departing elevator, thus consistently improving floor- to-floor travel times. www.ElEvatorC5e.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 14 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.5.29. Door pre-opening as the car approaches a landing shall be field adjustable to begin a maximum of six inches from level-at-floor position. 14.6. AC Drive 14.6.1.The control system shall provide superior performance for both geared and gearless machines and the flexibility to precisely control AC induction or AC permanent magnet motors. 14.6.2.All parameters are set and displayed in common elevator industry units. No extrapolation, conversion, or approximation required. 14.6.3.The drive shall be capable of controlling geared and gearless machines, induction and permanent magnet motors. 14.6.4.The drive shall also work with different types of encoders such as EnDat, incremental, sine/cosine, and Hiperface. 14.6.5. Powerback R6 AC Regeneration system reclaims elevator overhaul energy, traditionally dissipated as waste heat through a resistor bank, and feeds it back into the supply lines powering the drive. 14.6.6.The drive shall have the capability of being adjusted or programmed to achieve the required motor voltage, current, and frequency to properly match the characteristics of the AC elevator hoist motor. 14.6.7. 16k, sinusoidal, pulse width modulation, comparing a high frequency triangular carrier wave with a three phase, sinusoidal waveform. IGBT power devices in each phase are switched on where the sine and triangle waves intersect. Output voltage amplitude and frequency are precisely controlled using the amplitude and frequency of the reference sine waves. 14.6.8.The drive shall be heavy-duty, capable of delivering sufficient current required to accelerate the elevator to contract speed with rated load. The drive shall provide speed regulation appropriate to the motor type. 14.6.9.A contactor shall be used to disconnect the hoist motor from the output of the drive unit each time the elevator stops. This contactor shall be monitored and the elevator shall not start again if the contactor has not returned to the de-energized position when the elevator stops. 14.6.10. The controller shall provide step-less acceleration and deceleration and provide smooth operation at all speeds. 14.6.11. For applications where the building power supply has a "Grounded Leg Delta" configuration, an isolation transformer should be used to minimize noise and prevent any damage to the drive during voltage fluctuations. 14.7. ETA Dispatching 14.7.1. Individual elevators shall be dispatched in a manner that minimizes the average time it takes for hall calls to be answered. Elevator position, speed, door status and direction of the hall call shall be taken into account. Each iControl elevator controller shall be capable of dispatching groups of up to six cars. If the current www.ElEvatorC9com Elevator Contractor Initial DocuSign Envelope ID:,FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 15 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators controller dispatcher is taken off line,the next designated controller shall immediately assume dispatching control. Refer to the iCentral specification in Section 2 of this document for information regarding the stand alone group dispatcher. 14.7.2.There shall be four distinct dispatching modes: balanced, lobby-peak, demand- up-peak and demand-down-peak. 14.7.3. Balanced mode shall optimize elevator dispatching for periods when the up and down hall call demands are randomly distributed throughout the building and approximately equal. This mode shall minimize the average wait time of all hall calls, giving no preference to up versus down calls. 14.7.4.The lobby-peak mode shall optimize elevator dispatching for periods when the hall calls at the lobby(s), in a specific direction, are significantly higher than all other hall call demands in the building. Certain cars shall be designated to service up or down hall calls at the lobby(s). The remaining cars shall be dispatched in balanced mode, to answer all other hall calls in the building. Thjs mode shall give priority service to up or down hall calls at the lobby floor(s) in order to accommodate disproportionately high traffic at the lobby. The cars that are selected for lobby-peak mode shall bypass all other hall calls. 14.7.5. Demand-up-peak(and down-peak) modes shall also be supported, for periods when the up (down) hall-call demand at all floors is significantly higher than the down (up) hall-call demand at all floors and give priority to all up (down) hall calls. 14.7.6.There shall be four ways in which the dispatching mode can be selected: 14.7.6.1. Hardware switch. 14.7.6.2. Software switch. 14.7.6.3. Timer-software time schedule. 14.7.6.4. Automatic-software selected. 14.7.7. In automatic mode, the dispatching software shall decide which mode to use. It shall evaluate the number of hall calls, car calls,their distribution and frequency as well as additional system inputs, to select the optimal dispatching mode to address the current building demand. 14.8. Parking 14.8.1. Eight user-defined parking schemes, to allow programming of multiple lobby and non-lobby parking configurations, shall be supported. It shall be possible to enable or disable these parking configurations manually or based on a time schedule. Time table choices shall include time of day, day of week, day of month, or day of year, allowing specification by name of day, occurrence of named day in the month, or by date. 14.8.2.The user shall select which cars may be parked at each programmed parking floor. If no cars are selected the system shall assume that all cars are eligible. ...ElEvatorC5!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 16 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.8.3.Zone/Sector parking shall be supported, allowing the user to divide the hoistway into multiple, contiguous floor zones in which idle cars shall be parked according to user-assigned priority. 14.8.4. Parking of cars with front and/or rear doors always closed, always opened, or opened for a programmed number of seconds shall be supported. 14.8.5. Parking logic shall be provided with shuffle delay timers (configurable parameter) to determine the wait time before parking idle cars, and re-parking non-lobby parked cars. 14.8.6. Dynamic-parking, to determine the optimal parking configuration for a building at any given time, shall be supported. Using artificial intelligence and learned historical data, predictions shall be made as to where the next building hall-call demands will most likely occur, and idle elevators shall be parked accordingly. The controller shall review data and refresh dynamic parking factors every fifteen minutes. 14.8.7.All time related configuration parameters used to park cars, including Lobby Parking Delay, Non-Lobby Parking Delay, Shuffle Delay, etc., shall be user programmable. 14.8.8.The user shall be able to specify whether lobby priority cars are to park with doors opened, closed, or opened for a specified amount of time. The user shall also be able to specify whether non-lobby priority cars are to park with doors opened, closed, or opened for a specified amount of time. 14.8.9.Combined dynamic and user-defined parking shall be supported. In this mode, the user shall be able to configure the essential parking floors and leave the rest of the parking floors undefined. Once all the user-defined parking floors are served, the dynamic parking scheme shall park the remaining idle elevators automatically. 14.9. Hall Call Eligibility 14.9.1. Eight, user programmable, Hall Call Eligibility configurations shall be supported. Each configuration shall specify that some cars are eligible to answer some types of hall calls while others are not. It shall be possible to activate any Hall Call Eligibility configuration manually or automatically by time table. Time table choices shall include time of day, day of week, day of month, or day of year, allowing specification by name of day, occurrence of named day in the month, or by date. 14.10. Monitoring 14.10.1. A PC-based system monitoring application shall be available. At a minimum, monitoring shall be capable of providing system status, car location and travel direction, operating mode, door,operation indication, dispatching ETAs, and security status. 14.10.2. The monitoring system shall be capable of remotely registering car and hall calls and of configuring hall call and car call restrictions in support of building security. The system shall be capable of implementing security overrides if required. www.E IEvatoPCSl.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 17 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.10.3. The monitoring system shall be capable of enabling Swing, Sabbath, and Auto-stop modes of operation on the group control and of acknowledging emergency alarm activity on any car in the group. 14.10.4. The monitoring system shall be capable of selecting group mode of operation including, Balanced, Lobby Peak, Demand Down, Demand Up, and Auto- mode (dynamic mode selection by group controller)when Operating Mode Configuration 1 is active on the group. 14.10.5. The monitoring system shall be capable of setting the group to Flood Operation mode when such mode is supported by the group control. 14.10.6. The monitoring system shall be capable of initiating recall of any car in the group to a selected floor and of controlling door operation of that car at the selected floor. 14.11. Reporting 14.11.1. A client/server based report collection and generation application shall be available. Based on historical data collected by the server, the report application shall provide, at a minimum, hall call performance, hall call analysis, traffic analysis, hall call log, car call log, event log, emergency log, maintenance log, and percent in service reports. 14.12. Group Features 14.12.1. High Level. 14.12.1.1. Non-Proprietary(open architecture, universally serviceable, manuals/drawings provided). 14.12.1.2. System Configuration: MCE iView application running on standard PC. 14.12.1.3. Diagnostics: MCE iView application running on standard PC. 14.12.1.4. Diagnostic hall call placement: MCE iView application running on standard PC. 14.12.1.5. Ethernet TCP/IP communications between group and cars. 14.12.1.6. Software updates through download or CD. 14.12.1.7. Status Indicators (on-screen messages and individual status LEDs). 14.12.1.8. External communications: TCP/IP Ethernet. 14.12.1.9. Backup dispatching automatically assumed by designated car in group (no additional cabinet required). 14.12.1.10. Inputs and Outputs reconfigurable in the field via iView 14.13. COP devices shall include: 14.13.1. Door open/close buttons. 14.13.2. Alarm button. www.ElEvatorC9.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 18 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.13.3. Emergency stop switch. 14.13.4. Self-dialing hands free phone or intercom with ADA provisions. 14.13.5. Three position fire key operated switch, call cancel button, and illuminated visual/audible signal system with mandated signage engraved per ASME A.17.1 standards. 14.14. Locked Panel 14.14.1.. Provide a locked panel containing key switches required to operate and maintain the elevator, including, but not limited to: 14.14.2. Independent/Attendant service switch and service indicators. 14.14.3. Light switch. 14.14.4. Fan switch. 14.14.5. G.F.I. duplex receptacle. 14.14.6. Emergency light test button. 14.14.7. Inspection Service operation key switch. 14.14.8. Car buttons including indicators 14.14.9. Emergency Operation panel including all required fixtures and switches. 14.14.10. Non-Proprietary Equipment 14.14.10.1. Only universally"Serviceable and Maintainable," Non-proprietary elevator control equipment shall be accepted. Non-proprietary standards recognize specific owner's rights: 14.14.10.1.1. The right to all information needed for diagnosis, service, and repair. 14.14.10.1.2. The right to access on-board computers, including the information they store and the ability to diagnose, repair, and/or reprogram these systems. 14.14.10.1.3. The right to select from among multiple sources for maintenance and repair in a competitive marketplace. 14.14.11. Environmental Considerations 14.14.11.1. The elevator group control shall be capable of operating within the following environmental conditions: 14.14.11.1.1. Ambient temperature: 32°F to 104°F (0°C degrees to 40°C degrees). 14.14.11.1.2. Humidity: Non-condensing up to 95%. 14.14.11.1.3. Altitude: Up to 7500 feet(2286 m). 14.14.12. Parking Eligibility www.ElEvatorC51.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 19 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.14.12.1. The group shall provide a screen allowing assignment or editing of up to eight different Parking Eligibility sets. For each set, this screen shall provide: 14.14.12.1.1. Parking behavior per car(at a specific floor(s), not at all). 14.14.12.1.2. Door behavior if allowed to park. 14.14.12.2. The user shall be able to assign any of the eight sets to any of four Dispatching Configurations. Each Dispatching Configuration shall be capable of manual assignment by the user or of timer-based assignment by the elevator group control. Each Dispatching Configuration shall be additionally capable of controlling,Parking sets, Hall Call Eligibility sets, and Mode of Operation sets. 14.14.13. Dispatching Configurations 14.14.13.1. The group shall provide a screen allowing assignment or editing of up to eight pre-programmed dispatching configurations. Each configuration shall be capable of incorporating and controlling any one of eight pre- programmed Parking Eligibility, Parking, Hall Call Eligibility, or Mode of Operation sets. This screen shall provide: 14.14.13.1.1. Ability to manually select and manually assign an ad-hoc Configuration incorporating any one of the eight sets previously configured for Parking Eligibility, Parking, Hall Call Eligibility, or Mode of Operation. 14.14.13.1.2. Ability to enable or disable timer-based assignment of any of up to eight Dispatching Configurations. 14.14.14. Timer Tables 14.14.14.1. The group shall provide a screen(s)allowing assignment or editing of timer tables used by the Group to enable system features on a timed basis. This screen shall provide: 14.14.14.1.1. The ability to add, edit, remove or set the priority of system timers. 14.14.14.1.2. A display of the attributes of any selected timer. 14.14.14.1.3. The ability to enter a logical name for each timer. 14.14.14.1.4. The ability to set a recurrence pattern for each timer. 14.14.14.1.5. The ability to set starting and ending times for each timer. 14.14.14.1.6. The ability to assign Hall Call Eligibility, Parking, Parking Eligibility, Mode of Operating, and Security attributes per timer. 14.14.14.1.7. The ability to assign the status (on/off) of any or all of four shared remote outputs per timer. www.ElEvatorC9.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 20 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 14.14.14.1.8. Option required for shutting down lighting in cab when elevator has not received calls for a preselected adjustable time. Returning cab lighting prior to doors opening in response to any car or hall call entered. 14.14.14.1.9. Landing system shall be stainless steel tape with approved electronic landing system,by GAL or MCE. 15. HOISTWAY AND MACHINE ROOM EQUIPMENT 15.1. Hall doors and frames shall be retained. Existing Stainless steel door panels and frames shall be cleaned and polished to a like new condition. 15.2. Platforms: Existing frames shall be retained. Underside of the platforms shall be verified and maintained fireproof by the elevator contractor. All steel with signs of rust exposed or under painted surface shall be wire brushed, primed and painted for proper protection of materials. Surfaces with rust penetrated trough metal shall be replaced with new product. All wood based product is to be replaced. 15.3. Existing platform guards (aprons)shall be removed. All steel with signs of rust exposed or under painted surface shall be wire brushed, primed and painted for proper protection of materials. Surfaces with rust penetrated trough metal shall be replaced with new product. 15.4. New Platform Guards (Aprons) shall be installed. The entrance side of the platform of each elevator shall be provided with a smooth metal guard plate of not less than 1.5 mm (0.059 in.)thick steel, or material of equivalent strength and stiffness, adequately reinforced and braced to the car platform. The guard plate shall extend not less than the full width of the widest hoistway door opening. The guard plate shall have a straight vertical face, extending below the floor surface of the platform no less than 1 220 mm (48 in.). 15.5. Car Top Guard Railing: New car top safety rails shall be installed at any area with a distance of 12 inches or more exists between the car top and an existing barrier. 15.6. Sling: Existing steel stiles affixed to a steel crosshead and bolstered with bracing members to remove strain from the car enclosure shall be retained. All steel with signs of rust exposed or under painted surface shall be wire brushed, primed and painted for proper protection of materials. Surfaces with rust penetrated trough metal shall be replaced with new product. 15.7. Guide Rails: Existing guide rails shall be retained dry, un-lubricated steel, fastened to the building with steel brackets verified in alignment, secure to wall and brackets with surface planed smooth. Existing guide rails shall be cleaned and aligned as necessary for the proper performance of the elevators. 15.8. Safeties: Recondition, rebuild or replace as needed for compliance with car speed of 200 fpm. 15.9. Car and Counterweight Guides: Replace all roller guide rollers which shall have a minimum of three tires each, shall be mounted on top and bottom of the car and counterweight frame and be held in contact with the guide rail by adjustable devices. www.ElEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 21 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 15.9.1.Counterweights must be secured in each counterweight frame as per ASME A17.1. 15.10. Buffers: All buffers shall be retained. 15.11,. Retain existing gearless traction machines with rated speed of 200 fpm. Machine shall be completely serviced including replacement of all fluids and all gaskets replaced including gears and bearings within original design tolerance. Replace the a/c motor, brake, base and sub-base with rope gripper as required. Any design or engineering required submittals shall be the responsibility of the contractor. 15.11.1. Modification to existing machine beam location and any engineering requirements, if required, to accommodate installation of new hoist machine shall be verified and the sole responsibility of the awarded elevator contractor. 15.11.2. Retain deflection or idler sheaves with shafts, bearings and pillow blocks cleaned and greased. 15.11.3. Rebuild existing drive sheave to original specifications for rope groove depth. 15.11.4. Furnish and install guards on sheaves, ropes, keyways, etc. as specified in ASME A17.1, Safety Code for Elevators and Escalators. 15.12. Furnish and install new hoist ropes with new wedge shackles. All new ropes for each elevator shall be from the same Lot Number. Ropes shall be installed with equal tension in each rope. Additionally, rope shall be re-tensioned at 30 days after installation and again at 90 days and 6 months. Rope tension shall be measured with a Brugg or equal digital measurement tool with a record of dates and tension of each rope maintained in the machine room. Adjust the length of the ropes to achieve the proper relationship for counterweight and car overrun with respect to the buffers. Shackles shall be installed with rods that are varied length to that shackles do not make physical contact with other shackles in use. 15.12.1. Install a new automatic hoist ropes lubricating system. Rope lubricating system by Nylube or equal. 15.13. Retain existing the governors. Furnish and install a new governor cable. Retain existing tension weight. 15.14. Hoistway& Machine Room Wiring: Provide and install all new wiring throughout the elevator machine room and hoistway including travel cables. All wiring will be installed in accordance with applicable NEC and latest applicable edition of ASME A17.1 codes. Travel cables shall include a phone specific wire, coaxial and a minimum of 10 percent spare wires. 15.15. Elevator contractor is responsible for balance of car/counterweight loads including addition or removal of counterweights or balance weights as required by Control and Drive Manufacture. 15.16. Install new raceways or conduit as required mounted plumb and square with removable covers where needed. ...Elevator !.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 22 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 15.17. Install pre-approved load weight devices to monitor load of can for overload condition. Signal monitored by control system to alert passengers of overload including additional feature of not allowing overloaded car movement. 15.18. Replace limit switches complete with boxes where used. 15.19. Pit Stop Switches: Provide and install new pit stop switches as required by latest applicable edition of ASME A17.1 code. 15.20. Pit Light: New pit lights will be installed by electrical contractor. 15.21. Pit float switch: High water float switch shall be connected to elevator control system to send car to a floor as selected by building owner to protect both the cab and counter weights from water in pit. 15.22. Code Data Plate. Elevator contractor shall be required to install all Code Data Plates as required by ASME A17.1 on complete elevator system including alteration and original equipment applicable requirements. All data plates shall be manufactured and screen printed with proper data for each elevator by CodeDataPlate.com or approved equal. 16.CAR TOP ESCAPE PANEL 16.1. All elevators, car top escape panels shall have safety switch assemblies as required including all wiring to install proper safety circuit. Elevator shall be removed from operation if escape panel is open. 17.CAR TOP INSPECTION STATION 17.1. All elevators, car top inspection stations: Provide a new car top inspection station with an "emergency stop" switch and constant pressure "up-down" direction buttons to make the normal operating devices inoperative and give the inspector complete control of the elevator. The Car-Top Inspection Station shall include both front and rear dual emergency lighting arrays as well as emergency signaling capabilities to assist trapped or injured workers without operable communication devices. Mount the car top inspection station as required by ASME A17.1. Car top inspection to include approved bell. 18. ELEVATORS HOISTWAY ENTRANCES 18.1. Replace All Interlocks: Equip each hoistway entrance with an approved type interlock(GAL, or equal)tested as required by code including SF-2 wiring and grounding. Interlock shall be designed to prevent operation of the car away from the landing until the doors are locked in the closed position as defined by code and shall prevent opening the doors at any landing from the corridor side unless the car is at rest at that landing or is in the leveling zone and stopping at that landing. www.E lEvatorCSI.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 23 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 18.2. Replace All Door Hangers, Sheaves: Provide sheave type two-point suspension hangers and tracks for each hoistway sliding door, product GAL, or equal. 18.3. Sheaves: Polyurethane tires with ball bearings properly sealed to retain grease. 18.4. Hangers: Provide an adjustable slide to accommodate the up-thrust of the doors. 18.5. Tracks: Retain existing tracks, clean down and sand smooth as required. 18.6. Door hangers, sheaves, interlocks shall be manufactured by GAL, or equal. 18.7. Replace all hall door gibs. Replace existing door gibs with the "SEES ENFORCER" as Manufactured by SEES Inc., or approved equal, conforming to the following: 18.7.1. New safety door guide assemblies shall consist of a minimum twelve (12)gauge stainless steel "L"shaped attachment bracket, 1/8"thick stainless steel flat bar shaped clamping plate, fully adjustable solid stainless steel safety guide bar(s)with an integral replaceable nylon gib insert, and stainless steel mounting hardware and fasteners. 18.7.2.The mating surfaces between the safety guide bar and its corresponding attachment bracket shall be furnished and installed with a series of interlocking parallel serrations. Assembly shall be fully adjustable to allow alignment of door into sill groove. 18.8. Replace ALL existing hall door gibs with the "SEES ENFORCER"as Manufactured by SEES Inc., or approved equal, conforming to the following: 18.8.1. New safety door guide assemblies shall consist of a minimum twelve (12) gauge stainless steel "L"shaped attachment bracket, 1/8"thick stainless steel flat bar shaped clamping plate, fully adjustable solid stainless steel safety guide bar(s)with an integral replaceable nylon gib insert, and stainless steel mounting hardware and fasteners. 18.8.2.The mating surfaces between the safety guide bar and its corresponding attachment bracket shall be furnished and installed with a series of interlocking parallel serrations. Assembly shall be fully adjustable to allow alignment of door into sill groove. 18.8.3.Gib insert must be removable without having to readjust alignment. 18.8.4. Door guide assemblies shall be located near each end of each door panel, on the lower section of the door panel. 18.8.5. Guide assemblies utilizing manually turned down "fire tabs" are not acceptable. 18.9. Install new secondary door retainers at the bottom of each hall door. 18.10. Doors: Retain existing hall on new sheave type hangers with polyurethane tires that roll on a new polished steel track and are guided at the bottom by new non-metallic shoes sliding in existing threshold groove. New door close contact switch including zone locking device shall be installed. Provide new car door clutch with integrated door lock, door top adapter bars and tracks and hanger roller assembly. Hall door vvww.EIEValtOPC51.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 24 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators finish is existing doors polished as new. Cab door finish shall be Type 316 stainless steel #4 finish. , 18.11. Sight Guards: Sight guards, required to reduce the opening between the leading edge of the hoistway door and the car door to maintain code required clearances, will be furnished and shall be Type 316 stainless steel #4 finish. 18.12. Door sills: Retain existing. 19. NEW HALL STATIONS 19.1. Furnish and install new flush mounted lobby hall stations for all floors to replace all existing hall stations. Units shall be Bruiser Collection by Innovation Industries, Type 316, Stainless Steel#4 brushed finish. Call stations shall be the product of Innovation Industries, Inc. or an approved substitution. Buttons shall be from the Bruiser Collection by Innovation Industries or an approved substitution. Removal, cutting or patching at lobby walls shall be by others. 19.1.1.The hall stations at the main floor of egress shall include fire Phase 1 recall Florida Zone 7 key switch, Phase 1 recall instructions, Telephone monitor indicator, Fire Service indicator lamp, an illuminated signal marked "ELEVATOR EMERGENCY POWER" if elevator includes generator emergency power, "In Case of Fire Use Stair"signage engraved directly into each hall station, elevator hoistway access key switch (if within reach, if not a separate panel is required)for each elevator and the up push button switch. (Submittal required) 19.1.2.The hall stations at the intermediate landings shall include In Case of Fire Use Stair signage with the up and down push button switches. (Submittal required for all landings). Field verify location of Phase 1 switches as that may be an intermediate floor. 19.1.3.The hall stations at the upper terminal landing floor of egress shall include In Case of Fire Use Stair signage, elevator hoistway access key switch for each elevator if within reach for use and the down push button switch. Terminal landing doors that are not within reach of the hall station for access keys switches will require separate panels with key switch and signage. (Submittal required for all landings) 19.1.4.All switches, fixtures and pushbuttons shall be from the Bruiser Collection by Innovation Industries or an approved substitution. All hall stations shall be of one piece construction, surface mounted that mounts to the existing box. No adhesive type applied signage or plates will be accepted at hall stations. 19.2. All hall and car push button assemblies shall include long life LED type lamps. 19.3. Floor Identification Plates: Replace all doorjamb plates at each floor. Stainless steel jamb plates shall comply with Americans with Disabilities Act(ADA) and Florida Building Code 2010 including all Supplements, Updates and Revisions through 2014 requirements. www.EIEvatOrCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 25 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 19.4. ALL hall and car fixtures submittals must be approved prior to ordering fixtures by contractor. 20. HALL POSITION INDICATOR 20.1. Floor Hall Position Indicators: Where existing elevators include hall position indicators, a new 2" electronic segmented digital position indicator shall be provided and mounted in a module for optimum viewing. As the car travels, its' position in the hoistway shall be indicated by the illumination of the alpha/numeric character corresponding to the landing which the elevator is stopped or passing. The position indicator shall be provided at the first floor landing above the door with a faceplate mounted at a 20-degree angle for viewing. Hall directional arrows shall be provided for elevators with existing hall directional indicators. Provisions shall be made to cover existing faceplate openings by contractor. Faceplates shall match hall and car stations. Color of electronic signals to be selected by owner. 21. DIRECTIONAL INDICATOR 21.1. Car directional indicators shall be provided in each car entrance to replace existing indicators. Hall directional indicators shall be provided in each car entrance to replace existing indicators. All directional indicators from the Bruiser Collection by Innovation Industries Type 316, Stainless Steel#4 brushed finish, LED lamps. Color of electronic signals to be selected by owner. 22.CABS 22.1. New galvanized steel cab shell shall be installed including car top. Interior shall be 316 stainless steel #4 finished: 7 raised panels per elevator, including reveals, kick plates, transom, front return panel, cab door, cab door strike and frame. Not wood product shall be used in the cab. 22.2. Finished flooring shall be Diamond Plate Flooring as selected by City of Miami Beach Parking Facilities. 22.3. New 2 speed quiet run fan manufactured by Nylube securely mounted in ceiling. 22.4. Finished ceilings: Install new stainless steel suspended six panel ceiling with six LED light fixtures "Eyebeam by Man-D-Tec" installed in each panel. New LED lighting is to be turned off when elevator is not in use by a set time as selected by the building owner. LED cab lighting is to return back to normal use prior to elevator doors opening for use by the public as per ASME A17.1 Requirements. Each car shall power(2)two EyeBeam LED fixtures to provide emergency lighting including 4-hour battery. The two LED fixtures for emergency lighting are to be closest to the car operating panels. 22.5. Submittal required for all cab products. www.ElEvatorC5e.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 26 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 23. ELEVATOR CAR DOOR OPERATION - 23.1. New Door Operators: Provide a direct current motor driven heavy-duty operator GAL MOVFR weather proof, or pre-approved equal. Replace All Interlocks: Equip each hoistway entrance with an approved type interlock(GAL)tested as required by code including SF-2 wiring and grounding. Interlock shall be designed to prevent operation of the car away from the landing until the doors are locked in the closed position as defined by code and shall prevent opening the doors at any landing from the corridor side unless the car is at rest at that landing or is in the leveling zone and stopping at that landing. Door operator must be mounted so completely isolated from the car top. Mounting to car stiles by brackets as configured by GAL will be accepted for isolation. 23.2. Replace All Door Hangers, Sheaves, and Tracks: Provide sheave type two-point suspension hangers and tracks for each hoistway sliding door, product GAL or equal. 23.3. Sheaves: Polyurethane tires with ball bearings properly sealed to retain grease. 23.4. Hangers: Provide an adjustable slide to accommodate the up-thrust of the doors. 23.5. Tracks: Drawn steel shapes, smooth surface and shaped to conform to the hanger sheaves. 23.6. Door hangers, sheaves, interlocks and tracks shall be manufactured by GAL or equal. 23.7. Door zone lock system shall be Electrodyn "Electro Lock" or pre-approved equal zone locking system. 23.8. New Door Protection Device: Door protection shall be an infrared light screen. type with a minimum of 64 light beams (2 per detector operating in a redundant mode). The beams shall project across the car opening detecting the presence of a passenger or object. If door movement is obstructed, the doors shall immediately reopen. A mechanical reopening device shall not be acceptable. 23.8.1.The light screen is to be totally immune to ambient light, including strobes, fluorescent, and direct sunlight(100,000 lux). Maximum allowable installed misalignment shall be plus or minus 30 degrees @ 3 feet. The receiver and light array cables shall be hi-flex robotic grade, a minimum of 15 feet in length, connector on each end, and interchangeable when connected to the power supply. 23.8.2. Light beam and receiver arrays to operate independent of the power supply, allowing the use of any 12—30Vdc supply, and provide a continuously short-circuit protected NPN transistor output. The arrays shall incorporate Automatic Dynamic Gain Sensitivity Adjustment to compensate for severe misalignment, condensation, damaged or contaminated lenses, and provide automatic on-the-fly dynamic adjustment as the doors open and close. 23.8.3.The power supply shall be dual voltage input(120-240Vac, 50/60Hz), provide LED indicators for power applied and relay operation, simulator test button for beam break, and push-to-test button for manual operation of master control relay. Nudge feature to be field installable in standard power supply with accessory relay to operate in either the delayed nudge mode or redundant mode, switch selectable. www.ElEvatorCSI.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 27 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators Nudge feature also to incorporate buzzer with enable/disable switch, and delay timer adjustable from 5 to 45 seconds for nudge operation. 23.8.4. Provide nylon fasteners, which attach to array studs for mounting array to jam of side parting door. Molded tool for attaching fasteners to be included. 23.8.5.All configurations shall meet or exceed ADA requirements, be CE certified, and UL/cUL listed. Door protection will be per these specifications and be manufactured by Janus Elevator Products Inc. Model "Panachrome" or approved equal including green and red illuminating visual warning signals to warn users of door movement. 23.8.6. Nudging Operation: The doors shall remain open as long as the electronic detector senses the presence of a passenger or object in the door opening. If door movement is obstructed for a field programmable time, a buzzer will sound and the doors will close at reduced speed. If the infrared door protection system detects a person or object while closing, the doors will stop and resume closing after the obstruction has been removed. 23.9. Replace ALL existing door gibs with the"SEES ENFORCER" as Manufactured by SEES Inc., or approved equal, conforming to the following: 23.9.1. New safety door guide assemblies shall consist of a minimum twelve (12)gauge stainless steel "L"shaped attachment bracket, 1/8"thick stainless steel flat bar shaped clamping plate, fully adjustable solid stainless steel safety guide bar(s)with an integral replaceable nylon gib insert, and stainless steel mounting hardware and fasteners. 23.9.2.The mating surfaces between the safety guide bar and its corresponding attachment bracket shall be furnished and installed with a series of interlocking parallel serrations. Assembly shall be fully adjustable to allow alignment of door into sill groove. 23.9.3.Gib insert must be removable without having to readjust alignment. 23.9.4. Door guide assemblies shall be located near each end of each door panel, on the lower section of the door panel. 23.9.5.Guide assemblies utilizing manually turned down "fire tabs" are not acceptable. 24. ELEVATOR CAR OPERATING PANELS 24.1. New Car Operating Station, General: The main and auxiliary car control panels shall contain the devices required for specific operation mounted with a Type 316 stainless steel no. 4 brush finish swing panel. The panel shall consist,of a series of modules, key switches or approved buttons for optimum viewing and accessibility. All engraving shall be on flush mounted hairline faceplates securely mounted to the aluminum backing plate. 24.1.1.The lowest section shall contain the "door open," "door close," "alarm" buttons and a keyed "emergency stop"switch. www,.EIEvatora.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 28 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 24.1.2. Intermediate section shall contain floor buttons, which illuminate when a call is registered and remain illuminated until the call is answered. Raised floor indications and handicap symbols shall be located immediately adjacent to the floor buttons. 24.1.3.The next section shall contain required keyed switches. 24.1.4.The top section shall contain fire service features inside a locked cabinet in accordance with ASME A17.1, including operating instructions. 24.1.5.Car operating panels shall swing open with the hinged side closest to the sidewall. Where existing cabs have two car panels in each car, contractor shall match same number and location of car panels. 24.1.6.All car and hall fixtures shall be the Bruiser Collection by Innovation Industries or approved equal. All push buttons to be Bruiser Collection by Innovation Industries. Car operating panels by Bruiser Collection by Innovation Industries, Type 316 Stainless Steel#4 brushed finish. No adhesive applied plates will be accepted at either car or hall stations. 24.1.7. Car stations shall be pre-wired by the car station manufacture with terminal strip connection to control wiring. 24.1.8.Swing of full return panel shall match car door configuration. Panel shall swing to open only to the open car side. 24.1.9. Position Indicators: A 2" electronic segmented digital position indicator mounted in the control panel for optimum viewing. As the car travels, its position in the hoistway shall be indicated by the illumination of the alpha/numeric character corresponding to the landing which the elevator is stopped or passing. On one side of digital numeric indicator in the car panel will also be a matching indicator with direction of travel. Color selection of electronic signals by owner. 24.1.10. Emergency Light: Emergency light shall be built into ceiling lighting system. 24.1.11. Emergency Communications System: Emergency communication devices are by Kings II under a separate contract. Elevator contractor shall provide space, cutouts and mounting as needed by Kings III for the devise used at each elevator, Emergency Operation control panels or hall stations. 24.1.12. Special accessories in each car station panel: 24.1.12.1. Light switch. 24.1.12.2. Fan key switch. 24.1.12.3. Keyed stop switch 24.1.12.4. All push buttons and key switches as required for fire service operation. 24.1.12.5. Certificate frame integral cut out in panel. No applied plates. 24.1.12.6. Braille and engraving to include: www.EIEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 29 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 24.1.12.6.1. Engraved Capacity signage including and Miami Beach ID Number as applicable for each car. 24.1.12.6.2. Fire service instructions inside of fire panel door. 24.1.12.6.3. No Smoking sign to meet minimum size requirements of the Florida Building Code and shall be engraved on car operating panel. 24.1.12.7. Fire Fighters Service State Zone Key 7 switch as required by the Florida Building Code including operations required by ASME A17.1 shall be engraved on a flush mounted hairline faceplate. 24.1.12.8. The "FIRE OPERATION"switch, the"CALL CANCEL" button, the "STOP" switch, the door open button(s), the door close button(s), the additional visual signal, and the operating instructions shall be grouped together at the top of the main car operating panel behind a locked cover. 24.1.12.9. The firefighters' operation panel cover shall be openable by the same key that operates the"FIRE OPERATION"switch. The cover shall be permitted to open automatically when the car is on Phase I Emergency Recall Operation and at the recall level. When the key is in the"FIRE OPERATION"switch, the cover shall not be capable of being closed. When closed, the cover shall be self-locking. 24.1.13. All buttons and switches shall be readily accessible, located not more than (72 in.)above the floor. 24.1.14. The front of the cover shall contain the words "FIREFIGHTERS' OPERATION" in red letters at least 0.4 in. high. 24.1.15. All required Braille for buttons and other switches as required by the Florida Building Code shall be securely fastened to the aluminum backing plate or directly engraved. 24.1.16. Integral telephone including engraved directly into the car-operating panel ADA required telephone instructions. 24.1.17. There shall be NO ADHESIVE APPLIED PLATES, SIGNS or PANELS affixed to the car-operating panel or other locations inside or outside the elevator cab. 24.1.18. Any car or hall existing openings left after removal of panels or fixtures shall be covered by use of a complete new stainless steel component part or plates must be preapproved by consultant prior to installation. 24.1.19. Elevators that the building includes electronic advertising screens, provisions shall be provided for mounting and power supply for each system at each car operating panel as directed by building manager. 25. INSTALLATION 25.1. Install elevator systems components and coordinate repairs of hoistway wall construction. www.EIEvatorC5!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 30 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 25.2. Only competent licensed elevator installation personnel shall perform work. 25.3. Perform work with competent, skilled workmen under the direct control and supervision of the elevator manufacturer's experienced foreman. 25.4. Comply with the National Electrical Code for electrical work required during installation. 25.5. Supply in ample time for installation by other trades, inserts, anchors, bearing plates, brackets, supports, and bracing including all setting templates and diagrams for placement. 25.6. Welded construction: Provide welded connections for installation of elevator work where bolted connections are not required for subsequent removal or for normal operation, adjustment, inspection, maintenance, and replacement of worn Parts. Comply with AWS B2.1 Standard Welding Procedure and Performance Qualification. All welding must be preapproved by building manager prior to start. 25.7. Coordination: Coordinate elevator work with the work of other trades,for proper time and sequence to avoid construction delays. Use benchmarks, lines, and levels designated by the Contractor, to ensure dimensional coordination of the work. 25.8. Install machinery, guides, controls, car and all equipment and accessories to provide a quiet, smoothly operating installation, free from side sway, oscillation or vibration. 25.9. Sound isolation: Mount rotating and vibrating elevator equipment and components on vibration-absorption mounts, designed to effectively prevent the transmission of vibrations to the structure, and eliminate sources of structure-borne noise from the elevator system. 25.10. Lubricate operating parts of system, including ropes, as recommended by the manufacturer. 25.11. Elevator contractor shall be required to install all data plates as required by latest applicable edition of ASME A17.1 as identified in Part 1.04 Code and Standard References, on complete elevator system including alteration and original equipment. All data plates shall be manufactured and printed with proper data for each elevator by CodeDataPlate.com or approved equal. 25.12. Machine room floor must be properly cleaned and painted after installation of equipment with approved paint for the floor finish including any markings or warning stripes or lines. 26. FIELD QUALITY CONTROL 26.1. Acceptance testing: Upon completion of the elevator modernization and before permitting use of elevator, perform acceptance tests as required by the State of Florida and recommended by Code and governing regulations or agencies. Perform other tests, if any, as required by governing regulations or agencies. www,.ElEvatorCe.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB' Page 31 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 26.2. Advise Owner, Elevator Consultant, and governing authorities in advance as required of dates and times tests are to be performed on the elevator. 26.3. The elevator contractor shall be responsible, in accordance with ASME A17.1, latest adopted edition, for all acceptance inspections for this elevator. Elevator Installer in accordance with ASME A17.1 Inspection and Test Requirements will perform all acceptance tests for this elevator. Elevator contractor must notify Building Owner and elevator consultant 7 days prior to inspection advising of the date and time of all inspections and tests. Private Elevator inspectors except Miami Beach Inspector must be approved prior to inspection date by consultant. 27.ADJUSTING 27.1. Make necessary adjustments of operating devices and equipment to ensure elevator operates smoothly and accurately. 27.2. The elevator contractor shall be required to perform and pass all required testing of all equipment as per ASME A17.1. 27.3. Elevator contractor is to return at 30 days, 90 days and 180 days after final installation to examine and readjust rope tension, hoist machine or other components as may be required for optimum performance. 28. CLEANING: 28.1. Before final acceptance, remove protection from finished surfaces and clean and polish surfaces in accordance with manufacturer's recommendations for type of material and finish provided. 28.2. For duration and/or completion of elevator work, remove tools, equipment, and surplus materials from site daily. 28.3. Clean equipment rooms and hoistway. 28.4. Remove trash and debris daily from premises. 29. PROTECTION: 29.1. During all elevator work, or portion thereof, provide suitable protective coverings, barriers, devices, signs, or other such methods or procedures to protect elevator work from damage or deterioration. Protect all areas of work from public access or dangers including tripping or fall hazards. Maintain protective measures throughout remainder of construction period. www.ElEvatorC51.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 32 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 30. DEMONSTRATION: 30.1. The elevator contractor shall make a final check of each elevator operation with the Owner or Owner's representative present prior to turning the elevator over for use. The elevator contractor shall demonstrate that control systems and operating devices are functioning properly. 30.2. Instruct Owner's personnel in proper use, operations, and daily care or operation of elevators. Review emergency provisions, including emergency access and proce- dures to be followed at time of failure in operation and other building emergencies. 30.3. Train Owner's personnel in normal procedures to be followed in checking for sources of operational failures or malfunctions. 30.4. Make a final check of each elevator operation,with Owner's personnel present, immediately before date of substantial completion. 30.5. Demonstrate that control systems and operating devices are functioning properly. 30.6. Complete all consultant punch-list items as may be required. 31.ADDITIONAL REQUIREMENTS: 31.1. Elevator Contractor shall provide the following additional requirements in accordance to the referenced sections of ASME A17.1, Safety Code for Elevators and Escalators: 31.2. Final Electrical Schematics and Drawings as required by A17.1 Requirement 8.6. 31.3. Maintenance Requirements as required by A17.1 Requirement 8.6. 31.4. Emergency Evacuation Procedures for Elevators: The Elevator Contractor shall supply and post a written emergency evacuation procedure for the elevator(s) by A17.1 Requirement 8.6.11.4. The written procedure shall be kept on the premises where the elevator(s) are located. The procedure shall incorporate the ASME A17.4 Guide for Emergency Personnel as part of the emergency evacuation procedures plan. The plan shall be available to authorized elevator and emergency personnel and shall detail the safety precautions to be utilized in evacuation of passengers from a stalled elevator. 31.5. Elevator Consultant's Punch-out List Items: 31.5.1. Complete all of the consultant's punch-out list items as may be required. The elevator consultant shall provide a review and written punch list of deficiencies. The elevator consultant shall verify one time that the items from the punch list are completed after notice by the elevator contractor. If the work is not complete and the consultant is required to make return visits, the elevator contractor shall be charged and responsible for payment to the consultant at a rate of$250.00 per hour including travel time for any additional return visits, reviews or work of any type. www.ElEvatorCS!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 33 of 35 42nd Street Parking Garage Bid item #001 Specification for modernization of elevators 32.SPECIFICATION ACCEPTANCE 32.1. The Elevator Modernization Specification contains all the terms and conditions agreed for products and work processes by the Owner and Elevator Contractor for elevator modernization. This specification, once signed, will constitute the agreement of product and conditions of work for modernization of Two (2) electric traction elevators as detailed above. No other agreement, oral or otherwise, regarding the subject matter of this Specification shall be deemed to exist or to bind either party hereto, except as noted herein. This Specification shall be incorporated into final contract between owner and contractor for all work. EXECUTION IN WITNESS WHEREOF, the parties have executed this Agreement the date noted below. ELEVATOR CONTRACTOR City of Miami Beach BY: BY: DATE: DATE: END OF 42ND STREET GARAGE ELEVATOR MODERINZATION SECTION www.ElEvatorC5!.com Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Page 1 of 35 42nd Street Parking Garage Bid item #001 Elevator Maintenance Specification vwvw,EIEvatorCSI.�om Elevator Contractor Initial DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX F AA I Am ' BEAC Post Award Forms DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB MIAMI BEACH FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) 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 • DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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.: DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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.: DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB CERTIFICATE AS TO CORPORATE PRINCIPAL , 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 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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/her 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 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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. In accordance with Section 6 of the General Conditions, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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: DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 6 of the General Conditions, 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 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 . DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB APPENDIX G AA I Am , BEAC Special Conditions DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Special Conditions 1.SUBMISSION/CONSIDERATION OF APPROVED EQUAL PRODUCTS. If an "equal" product may be considered by the City in accordance with the Bid/Proposal Submission Form, the unit shall be equal in quality and standards of performance to the item specified in the solicitation. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, two (2) copies of performance test results of the unit offered as an equal. Also, for product information submittals,all supporting documentation submitted by the offeror must in total meet the required specifications set forth in this solicitation.Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. If samples of all "or equal" items bid are required for evaluation, such items are to be provided at no cost to the City, and should be submitted with the initial offer, or at the time of specific request. Failure to meet this requirement may result in your offer being rejected. For"equal"products to be evaluated based on submission of product labels,the initial offer should be accompanied with labels indicating the specification for each "or equal" item offered. Failure to meet this requirement may result in your offer being rejected. The City shall be sole judge of quality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB MIAMI BEACH' 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 InspectorlPWD 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract Documents such that all conditions of permits and regulatory agencies have 4 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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. ti 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 appropriate in order to carry out its obligations under the Contract Documents, provided such entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any such persons or entities, including to any Subcontractors. 3.3. Notices to Proceed. Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued by the Contract Administrator.At least two(2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed.The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents,including but not limited to, Payment Bond, Performance Bond,and Insurance Certificate(s), and after execution of the Contract by both parties. 3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project Site and commence with physical construction of the Work(typically, the second NTP for a Project): (1)the 7 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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-a-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss,expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and 9 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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, I. that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. 10 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-13788-C8257151A3FB 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. I 1 l General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 3.8.5. Art in Public Places("AIPP")Coordination.Contractor shall coordinate the implementation of the City's AIPP commissions and installations for the Project, if any, with all such coordination Work covered within the Contract Price, provided, however, that the City shall separately fund the commissioning and installations of all AIPP artworks. 3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT 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 l General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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: Projected 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-8788-C8257151A3FB 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, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 riot 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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-Conforming Work. 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City,Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing 25 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in the Contract Documents. 8.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's Construction Superintendent, unless otherwise designated in writing by Contractor to City. 8.4. Contractor's Responsibility for Damages and Accidents. 8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever. 8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials,equipment and supplies are lost, stolen,damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 8.5. Occupational Health and Safety. 8.5.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion,corrosion, and reaction; 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) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project Site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1)monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards, and removing screening on fences and signs;(5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away, and removing all non-essential barricades; and (6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-6788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 clo PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract Documents. 9.5. Indemnification. 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 32 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 (2.1) 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 Work!"Costs of the Work". The term"cost of the Work" means the sum of: 35 I General Conditions for Construction Contracts(April 13,2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • e. The cost of utilities,fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls,telephone service at the site, express delivery services (FedEx, UPS or couriers, and the like), internet or other telecommunications services, and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because of changes in the Work. 10.4.7. The term"cost of the Work"shall not include any of the following items, as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Any part of Contractor's capital expenses,including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 carded 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 Contractors 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 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 contractors 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 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 14.9. Availability of Project Site; Removal of Equipment. 14.9.1. Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage of equipment or materials, lay-down facilities, pre-cast material fabrication, batch plants for the production of asphalt, concrete or other construction-related materials, or other similar activities, shall require advance written approval by the Contract Administrator. The City may,at any time, in its sole and absolute discretion, 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 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 52 I General Conditions for Construction Contracts(April 13, 2020) Y DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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:https://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 nottransact 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) make a reasonable effort to give at least three(3)calendar days written notice of any such postponement to all prospective bidders through BidSync. 9. PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred. 10.JOINT VENTURES 1 SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.Bids shall be submitted only by the prime contractor.Bids may,however,identify other sub-contractors or sub-consultants to the prime Bidder who may serve as team members. 11.VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section 2-374,the City shall give a preference to a responsive and responsible Bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent(5%)of the lowest responsive,responsible bidder,by providing such bidder an opportunity of providing said contractual services for the lowest responsive bid amount(or in this solicitation,the highest bid amount).Whenever, as a result of the foregoing preference,the adjusted prices of two(2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an solicitation or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the award shall be made to the service- disabled veteran business enterprise. 12.AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this solicitation;postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation, or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty(120)calendar days after Bid opening date. In accordance with Section 47 below,a bidder may withdraw its bid after expiration of one hundred twenty(120)calendar days from the date of bid opening,by delivering written notice of withdrawal to the Procurement Department. 13.COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the bidder,and shall not be reimbursed by the City. 14.OCCUPATIONAL HEALTH AND SAFETY.The bidder warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 15.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 16.MISTAKES.Bidders are expected to examine the terms,conditions,specifications,delivery schedules,proposed pricing,and all instructions pertaining to the services relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive. 17. PAYMENT. Payment will be made by the City after the services have been received, inspected, and found to comply with contract specifications,free of damage or defect,and are properly invoiced. 18. PATENTS & ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors,and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted,patented,or unpatented invention,process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach, Florida. If the bidder uses any design,device or materials covered by letters,patent,or copyright,it is mutually understood and agreed,without exception,that the Bid prices shall 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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.MODIFICATIONIWITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered.Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date,or after expiration of 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) DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 38.RELATIONSHIP TO THE CITY.It is the intent of the City,and Bidder's 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) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB D.VISION OF CORPOR.,TIONS 4141111111L' DI MOB Of eorg C, 1Li'rAarrr-Jv nn offlclrid 5rufe of Florida weuulie Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Limited Liability Company MAVERICK UNITED ELEVATOR LLC Filing Information Document Number L11000035743 FEI/EIN Number 45-1536546 Date Filed 03/24/2011 State FL Status ACTIVE Last Event. LC AMENDMENT Event Date Filed 10/23/2020 Event Effective Date NONE Principal Address 10639 NW 122ND ST. MIAMI, FL 33178 Mailing Address 10639 NW 122ND ST. MIAMI, FL 33178 Registered Agent Name&Address ALVAREZ, DAVID 10639 NW 122ND ST. MIAMI, FL 33178 Name Changed: 07/31/2017 Authorized Person(s)Detail Name&Address Title MGRM ALVAREZ, DAVID 10639 NW 122ND ST. MIAMI, FL 33178 Title MGRM DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB GARCIA, MIGUEL A 10639 NW 122ND ST. MIAMI, FL 33178 Title MGRM TINOCO, OMAR 10639 NW 122ND ST. MIAMI, FL 33178 Annual Reports Report Year Filed Date 2020 03/18/2020 2021 03/04/2021 2022 01/21/2022 Document Images 01/21/2022--ANNUAL REPORT View image in PDF format 03/04/2021—ANNUAL REPORT View image in PDF format 10/23/2020--LC Amendment View image in PDF format 03/18/2020—ANNUAL REPORT View image in PDF format 02/13/2019—ANNUAL REPORT View image in PDF format 01/05/2018—ANNUAL REPORT View image in PDF format 07/31/2017--LC Amendment View image in PDF format 04/05/2017—ANNUAL REPORT View image in PDF format 09/16/2016—LC Amendment View image in PDF format • 08/12/2016—LC Amendment View image in PDF format 04/01/2016--ANNUAL REPORT View image in PDF format 02/25/2015—ANNUAL REPORT View image in PDF format 02/25/2014--ANNUAL REPORT View image in PDF format 06/24/2013—LC Amendment View image in PDF format 01/24/2013—ANNUAL REPORT View image in PDF format 02/22/2012—ANNUAL REPORT View image in PDF format 03/24/2011--Florida Limited Liability View image in PDF format Florida Department of State,Division of Corporations DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB TIONNAIRE-CONSTRUCTION vw VVIJIVlll IAV V(VVV SECTION 'I -BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2022-142-DF 42nd Street Parking Garage Elevator Modernization BIDDERS NAME:Maverick United Elevator,LLC NO.OF YEARS IN BUSINESS:11 NO.OF YEARS IN BUSINESS LOCALLY:11 NO.OF EMPLOYEES:54 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS(HEADQUARTERS):10639 NW 122nd Street CITY:Medley STATE:FL ZIP CODE:33178 TELEPHONE NO.:305-888-7599 TOLL FREE NO.: FAX NO.: BIDDER LOCAL ADDRESS:10639 NW 122nd Street CITY:Medley STATE:FL ZIP CODE:33178 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Kevin Reardon ACCOUNT REP TELEPHONE NO.:954-850-9139 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:kevin.reardangmavelevatorcom FEDERAL TAX IDENTIFICATION NO.:45-1536546 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 Miguel Garcia Representative: 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 AdcDocuSign Envelope ID:F04846CF-AB9D 4A36-6788-C82RIP.. 13 —„dum 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 MG Addendum 1 Addendum 6 Addendum 11 MG Addendum 2 Addendum 7 Addendum 12 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 Miguel Garcia 35% Managing Member David Alvarez 35% Managing Member Omar Tinico 30% Managing Member 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2022-142-DF Project Title 42nd Street Parking Garage Elevator Modernization Reference No.1 Firm Name:1660 Meridian Building-Integra Group Contact Individual Name and Title:Hugo Cardona-Owner Representative Address:1660 Meridian.Avenue,Miami Beach,FL 33140 Telephone:561-451-5451 Contact's Email:hugo@integrafl.com Narrative on Scope of Services Provided: Full turnkey modernizations of 2 traction elevators 16 landings each. DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Reference No.2 Firm Name:Four Freedom House Contact Individual Name and Title:Robert Lopez-Property Manager Address:3800 Collins Avenue,Miami Beach,FL 33140 Telephone:786-286-6468 Contact's Email:robertlopez2864@yahoo.com Narrative on Scope of Services Provided: Full modernization of 2 traction elevators 12 landings each. Reference No.3 Firm Name:Douglas Center Contact Individual Name and Title:Marco Elguera-Property Manager Address:2600 Douglas Road,Coral Gables,FL 33134 Telephone:786-510-1736 Contact's Email:marcos@dresi.com Narrative on Scope of Services Provided: Full turnkey modernization of 5 traction elevators14 landings each. Additional Reference Firm Name:Crowne Plaza Hotel Contact Individual Name and Title:Matt Grose-National Risk Manager Address:401 W Summit Hill Drive SW,Knoxville,TN 37902 Telephone:404-886-5135 Contact's Email:mattgrose@live.com Narrative on Scope of Services Provided: Full turnkey modernization of 2 traction elevators 16 landings each. 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? • YES 151 NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES NO If yes,why? 5.Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? • YES NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? • YES NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated durin the last five(5)years? • YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? • YES O NO DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary, or holding company for another construction company? • YES NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? O YES NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Period of Type of affiliation(e.g. Individual's name Affiliated company's name 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? O YES NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner,. director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? O YES NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement 13.Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any other name in the last five(5) years? • YES NO If yes,explain. 14.Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? O YES NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director,officer, or agent for the company that is related to construction activities of a business organization? • YES NO If yes,explain. 16.Has the applicant company or any of its owners,officers,or partners ever been convicted (criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? 0 YES NO DocuSign Envelope ID:Fo4B4BCF-AB9D-4A36-B788-C8257151A3FB If ye0,C„NIQItI. 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? • YES 151 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? O YES 0 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? O YES O 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? is YES 0 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). O YES 0 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? E2 YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? 0 YES 0 NO DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 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 provi 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 n insurance. BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide Benefit with Spouses with Domestic Partners Health yes yes Sick Leave yes. yes Family Medical Leave yes yes Bereavement Leave yes yes 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES o 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 https:Ilsupplierportal.dnb.comlwebapplwcslstoreslservletlSupplierPortal?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. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq., apply to this certification and disdosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Miguel Garcia Representative: Managing Member 25.Suspension And Debarment Certification The Contractor acknowledges that (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt 180 and 2 C.F.R.pt 3000.As such the contractor is required to verify that none of the Contractor,its principals (defined at 2 C.F.R.§180.995),or its affiliates(defined at 2 C.F.R.§180.905)are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). (2)The Contractor must comply with 2 C.F.R.pt 180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)T;Docusig Envelope ID:F0464BCFwAB9D-4A36 8788-C8257151 A3F6 ,ater determined that the Contractor did not comply with 2 C.F.R.pt 180,subpart C and 2 C.F.R.pt 3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Miguel Garcia Representative: Managing Member CONTINUED ON THE FOLLOWING PAGE. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 26.Sub-Contractors Providing Services to this Project: %of Work Subcontractor Work to be completed to be performed Name: NIA Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Revised Bid Price,Form (Al) Page 1 of 1 FAILURE TO SUBMIT THIS REVISED BID PRICE FORM FULLY COMPLETED 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. The City, in its sole discretion,may award project to the lowest responsiveness, responsible bidder based on the total base bid or the total base bid pIus any selected.alternates.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. T• a k ► •: 11 _ $ < Onn.00 Permit Allowance $5,000.00 GRAND TOTAL (TOTAL BASE BID + PERMIT ALLOWANCE) $ �TO Oc)6 iO4 } DEDUCTIVE ALTERNATE TOTAL ITEM DESCRIPTION OF ITEM REDUCTION SUBSTITUTE Hollister Whitney (or approved equal) gearless ALT A machine for Hollister Whitney (or approved equal) geared machine and indicate cost reduction 51-1 ocosoO DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Schedule of Values (A2) Pa•el of 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/M Unit Cost (Quantity_X_Unit_Cost) 1 Mobilization. 1 LS $ Z. Z OD c $ t .32 00•a 0 ELEVATOR MODERNIZATION:Total price for labor,equipment,transportation, supervision,tools,administrative costs, materials,and any incidental cost necessary to perform all work specified 2 in A.•endix E 1 LS $231 SOD•" $ 23z SQo-o. TOTAL $ i ,Do 00 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Supplier Response Form 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: 2022-142-DF 42nd Street Parking Garage Elevator Modernization BIDDERS NAME: Maverick United Elevator,LLC NO.OF YEARS IN BUSINESS: 11 NO.OF YEARS IN BUSINESS LOCALLY. NO.OF EMPLOYEES: 54 11 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS(HEADQUARTERS) 10639 NW 122nd Street cm: Medley • STATE FL ZIP CODE 33178 TELEPHONE Na: 305-888-7599 TOLL FREE NO.: FAX NO.: BIDDER LOCAL ADDRESS: 10639 NW 122nd Street crrr Medley STATE: FL ZIP CODE 33178 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS EN[ MENT: Kevin Reardon ACCOUNT REP TELEPHONE Na: 954-850-9139 ACCOUNT REP TOLL FREE NO.: ACCOUNTREP EMAIL kevin.reardon@mavelevator.com FEDERAL TAX IDENTIFICATION NO.: 45-1536546 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: Miguel Garcia 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 I Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Receipt Receipt MG Addendum 1 Addendum 6 Addendum 11 MG Addendum 2 Addendum 7 Addendum 12 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 35% Miguel Garcia Managing Member 35% David Alvarez Managing Member 30% OmarTinico Managing Member 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2022-142-DF Project Title 42nd Street Parking Garage Elevator Modernization Reference No.1 Firm Name: 1660 Meridian Building-Integra Group Contact Individual Name and Title: Hugo Cardona-Owner Representative Address: 1660 Meridian Avenue,Miami Beach,FL 33140 Telephone: 561-451-5451 Contact's Email: hugo@integrafl.com Narrative on Scope of Services Provided: Full turnkey modernizations of 2 traction elevators 16 landings each. DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Reference No.2 Firm Name: Four Freedom House Contact Individual Name and Title: Robert Lopez-Property Manager Address: 3800 Collins Avenue,Miami Beach,FL 33140 Telephone: 786-286-6468 Contact's Email: robertlopez2864@yahoo.com Narrative on Scope of Services Provided: Full modernization of 2 traction elevators 12 landings each. Reference No.3 Firm Name: Douglas Center Contact Individual Name and Title: Marco Elguera-Property Manager Address: 2600 Douglas Road,Coral Gables,FL 33134 Telephone: 786-510-1736 Contact's Email: marcos@dresi.com Narrative on Scope of Services Provided: Full turnkey modernization of 5 traction elevators14 landings each. Additional Reference Firm Name: Crowne Plaza Hotel Contact Individual Name and Title: Matt Grose-National Risk Manager Address: 401 W Summit Hill Drive SW,Knoxville,TN 37902 Telephone: 404-886-5135 Contact's Email: mattgrose@live.com Narrative on Scope of Services Provided: Full turnkey modernization of 2 traction elevators 16 landings each. 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? O YES NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? O YES 0 NO If yes,why? DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB • 5.Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? O YES NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? O YES 0 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? O YES NO If yes,why? 8. Is an affiliate of the applicant company prequalifred by the City of Miami Beach to bid on construction work? O YES I SI NO If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary,or holding company for another construction company? YES NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or Period of affiliation subsidiary) 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? O YES 0 NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Period of Type of affiliation(e.g. Individuals name Affiliated company's name affiliation officer,director,owner or employee) DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB 11.1s the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five(5)years? O YES t 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? O YES is 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? O YES NO If yes,explain. 14.Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? O YES NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? O YES NO If yes,explain. 16.Has the applicant company or any of its owners, officers, or partners ever been convicted(criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? O YES 51 NO If yes,explain. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? O YES 151 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? 0 YES NO If yes,state name,title and share of ownership Name Title Share(%)of Ownership 19.Has the applicant,or any officer,director,employee or agent,contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? O YES 51 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? Q YES NO 21. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise (certified by the United States Department of Veterans Affairs). O YES 0 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? n—I YES II NO DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Io I H B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES El 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 ber are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spi or domestic partner,such as medical insurance. Firm Provides for BENEFIT Firm Provides for Employees with Firm does not Provide Employees with Spouses Domestic Partners Benefit Health yes yes Sick Leave yes yes Family Medical Leave yes yes Bereavement Leave yes yes 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? O YES NO If yes,explain. r 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://supplierportaLdn b.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. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Fomi-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disdose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disdosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: Miguel Garcia Managing Member 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000.As such the contractor is required to verify that none of the Contractor,its principals(defined at 2 C.F.R.§180.995),or its affiliates(defined at 2 C.F.R.§180.905)are excluded(defined at 2 C.F.R.§180.940)or disqualified (defined at 2 C.F.R.§180.935). DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB (2)The Contractor must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must indude a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to the City,the Federal Govemment may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to indude a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: Miguel Garcia Managing Member CONTINUED ON THE FOLLOWING PAGE. DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB 26.Sub-Contractors Providing Services to this Project: %of Work Subcontractor Work to be completed to be performed Name: N/A Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Please enter your password below and click Save to update your response Please be aware that typing in your password acts as your electronic signature,which is just as legal and binding as an original signature.(See Electronic Signatures in Global and National Commerce Act for more information.) To take exception: 1)Click Take Exception. 2)Create a Word document detailing your exceptions. 3)Upload exceptions as an attachment to your offer on BidSync's system. By completing this form,your bid has not yebeen submitted. Please click on the place offer button()finish filling out your bid. Usemame maverickone Password Save I Take Exception Close *Required fields • DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB e T E N. STATE OF FLORIDA & ,t. , 966 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , BUREAU OF ELEVATOR SAFETY 850-487-1395 41.0;,o4.0 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1013 MAVERICK UNITED ELEVATOR LLC 10639 NW 122 ST MEDLEY FL 33178 Congratulations! With this license you become oneof the nearly ' _ ' .- •- _ _ , - -. -_ _ :: one million Floridians licensed by the Department of Business and - ;�. • Professional Regulation. Our professionals and businesses range , � STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque {' o f DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong. PROFESSIONAL-REGULATION - ' Every day we work to improve the way we do business in order 1`• ELC614 . - `:ISSUED;.-11/11/2020 . to serve you better. For information about our services,please I - - _ log onto www.myfloridalicense.com. There you can find more ELEVATOR COMPANY •. `• ! information about our divisions and the regulations that impact ' MAVERICK UNITED,ELEVATOR LLC , you,subscribe to department newsletters and learn more about ELEVATOR COMPANY: -` .• • the Department's initiatives. . ' REQUIRED TO CARRY OR BECOVERED • Our mission at the Department is:License Efficiently,Regulate BY GENERAL LIABILITY INSURANCE • Fairly.We constantly strive to serve you better so that you can Is REGISTERED under the provisions of Ch.399 FS serve your customers. Thank you for doing business in Florida, • Is e DEC31,zoz, 12o,,,.399o, and congratulations on your new license! DETACH.HERE RON DESANTIS,GOVERNOR HALSEY BESHEARS,SECRETARY ' STATE OF FLORIDA DEPARTMENT OF_BUSINESS AND PROFESSIONAL REGULATION ti ti .ti� _ BUREAU OF-ELEVATOR SAFETY' ' . -7%4 ,. LICENSE NUMBER -'q ELC614 - i The ELEVATOR COMPANY `,ir�.l„: . _ Named below IS REGISTERED t a r 'coUnder the provisions of Chapter 399 FS. � Expiration date: DEC 31,2021 - NON- REQUIRED TO.CARRY OR BE COVERED . TRANSFERABLE. BY GENERAL LIABILITY INSURANCE , MAVERICK UNITED ELEVATOR LLC - - . :+�4.Li':I_�y 10639 NW 122 ST' , $ , ., MEDLEY - FL 33178 . - • x F . . ❑ m }. `�� ISSUED: 11/11/2020 DISPLAY AS REQUIRED BY LAW SEQ# L2011110000001 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB • • • • 004699 • Local Business Tax Receipt • Miami-Dade County, State of FloridaLBT -THIS IS NOT A BILL-DO NOT PAY 6807722 ` BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES • • MAVERICK UNITED ELEVATOR LLC RENEWAL SEPTEMBER 30,2022 10639 NW 122ND ST 7081219 MEDLEY FL 33178 Must be displayed at place of business Pursuant to County Code ,ro Chapter 8A-Art.9&10 i" OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED MAVERICK UNITED ELEVATOR LLC 196 GENERAL MECHANICAL CONTRACTOR env COLLECTOR • ELC614 $45.00 07/12/2021 Worker(s) 4 INT-2 1—335257 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is note license, permit,or a certification of the holders qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dade Code Sec Ba-276. For more information,visit www.miamidade,govltaxcollector DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB City of Miami Beach Bid 2022=142-DF BID BONO;(B1) • .Page.1„of 2 • • KNOW.ALL MEN BY THESE PRESENTS,that we, Maverick United Elevator,LLC as Principal,hereinafter: referred to'as Contractor,and United es Fe Insurance Company as Surety,are held and firmly bound unto the: , City,of Miami Beach,Florida,as a municipal corporation of the tate of Florida,hereinafter called the Cityin the sum of five percent(5%)of`the'Contractor's Base Bid amount°of$Five Percent ofAmouniBid,($,5%o(MnounuBid):lawfu'l • 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:: -2022-142-D' Title; 42nd Street Parking Gauge Elevator Modernization • 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,,ifa'warded the Contract,enter into a'written Contract with thecity 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 payableto'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. • 12/22/2021 11:37 AM p.58 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB City of Miami Beach Bid 2022-142-DF BID .BOND (BU) Page"2.of 2 IN WITNESS WHEREOF,the said principal and the'said Surety have duly'executed this bond the 11th.day of January ,2022 ATTEST: PRINCIPAL 1Vlaverick United Elevator,$;LC • (Contractor Name) -. Signature Signature Print Name • Print Name(Principal) Title - Title COUNTER • NED BY RESIDENT FLORIDA�• , SURETY: 'AGENT '� •• U . United States Fire Insurance Company Signature .(Surey Name) :••• ' ' Jarrett Merlucci Jarrett Merlucci Print Name Attorney' act' tint N me a Signature ��111 i l l (CORPORATE SEAL), (Power of Attorney must be attached) t >• 1� °'Ill l� ' • , ,., .. •a .> 'tti1J> . 1i41;,il I/�11J1 'l ! 1� „ 12/22/2021 11:37 AM - p.59 • ' DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-6788-C8257151A3FB • POWER OF ATTORNEY UNITED STATES FIREINSURANCE COMPANY ' PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY . 0092722 • . KNOW ALL MEN BY THESE PRESENTS:That United States Fire insurance Company,a'corporation duly.organized and existing under the laws of the state of Delaware,has Made,constituted and appointed;and does hereby Make,•constituta and appoint: ,, ...•Ian A.'Nipper,David Russell Hoover,Joseph Pennichet Nielson,. - ' ' Charles,David Nielson.Charles Jackson Nielson,.Shawn Alan-Burton,Jorrett Merluccl ,,;" : each,'its true and lawful Attor ey(s)-in-Fact;With full power and`authority hereby„conferred"in its name,place and stead,"to execute;acknowledge and deliver:Any and all bonds• ',` • and undertakings of surety and other documents that•the ordinary course of surety business may require,and tobind,United States Fire Insurance Company thereby as fully and to. ',••k• , the same extent,as if such bonds or undertakings had been duly executed-and acknowledged by the regularly elected officers of United•States Fire Insurance Company at its principal' 'office,in amounts or.penalties not exceeding Seven.Mi7Gon,Five Hundred•Thousand Dollars($7,500000). ' , . " This Power of Attorney liniitathe act of those named therein to the bonds and undertakings specifically named.therein,and they have no authority to bind United States Fire Insurance •:Company except in themanner and to the,extent therein stated.• . ; - ; t' This Power of Attorney revokes:all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2023, ,, , This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and'consistentwith Article.Al : thereof,which Articles provide;in pertinent part:, ,' Article IV;Execution of instruments=Except as the Board of Directors may authorize by resolution;the Chairman of the Board;President,any Vice-President, ' any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: • • '(a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents - whatsoever in connection with its business including,without limiting the foregoing;any bonds,guarantees,undertakings,recognizances,powers of attorney or . '- revocations of any power's of attorney;stipulations,policies of insurance,deeds,leases,`mortgages,releases,satisfactions and agency agreements; . ,, (b)to appoint,in writing,one or more persons:for any or,all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation: ' Article III,Officers,Section 3_11,Facsimile,Signatures. The signature of any officer authorized by the Corporation to sign any bonds,'guarantees;undertakings;,' recognizances;stipulations,powers of attorney or revocations of any powers`of attorney and policies`of insurance issued,by-the Corporation may be printed, . facsimile,lithographed or otherwise produced. In addition,if and,as.authorized by the Board of Directors,dividend'warrants or checks,or other numerous -- instruments similar to one another in form,may be signed'by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officer's of the Corporation'as'.from"time to time maybe:authorized to sign such instruments on behalf'Of the Corporation. The Corporation may continue to use for the '' purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact • that he may have ceased to be such at the time,when such instruments'shall be issued., z, - ' IN WITNESS WHEREOF,United States Fire insurance Company has,caused these'presents''to be:signed and attested by its appropriate officer and its corporate seal hereunto ; ' ';afxedthis28s`day ofSeptember,2021. ' ' - UNITED STATES FIRE INSURANCE COMPANY s . ` ' ..V"-- . .,.; * . • . ;' • , ' Matthew-E.Lubin,President .. State of New Jersey } County of Morris} " . . , On this 28i''day of September,2021,before me;a Notary public of the State of New Jersey,came the above named-officer of United States Fire Insurance Company,to me personally known to be the individual and officer,described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire--Insurance Company thereto by the authority of his"office. , - Clammiesion# �ll1IIl1111)li/ 01 ,�, �; ' MelissaH:D'Alessio • - "q,( ntt 1?ub! '4', )'.f,,,; I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original P,owls of Attm C'Ipflwhtcrthe ' :foregoing is a full,true and correct copy is still in force and effect and has not been revoked. 4'' . -"1. f{'iil� :,., IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Companyr 4 e, 1 daY �'4 'of January • 20 22 f,e,.°.,,1,,,.,•.,i i`_,c. UNITED STATES FIRE INSURANCE COMPANY . 'iiii-.5 ci• !�l'11!!'so 1 Alfred N.Wright,Senior Vice President DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB rnrweRrcr unITeo E LPNA'1 oR. City of Miami Beach 42"d Street Parking Garage Elevator Modernizations ITB No.2022-142-DF Addendum/Exceptions This addendum shall be made a part of the elevator repair agreement between Maverick United Elevator and City of Miami Beach. Change the modernization completion time from 270 days to 352 days. This addendum,when accepted by you below and approved by our authorized representative, will become binding as an addendum and modification to the contract. Maverick United Elevator, LLC City of Miami Beach Miguel A. Garcia Managing Member Name: Date:2/10/2021 Date: DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Flores, Danny From: Kevin Reardon <kevin.reardon@mavelevator.com> Sent: Monday, February 28,2022 12:09 PM To: Flores, Danny Cc: Granado, Rafael; Maverick United Elevator Subject: ITB 2022-142-DF 42nd Street Parking Garage Elevator Mod - Responsiveness Attachments: ITB 2022-142-DF Addendum No. 3.pdf;City of Miami Beach 42nd Street Elevator Modernization Revised Bid Price Form (A1).pdf;City of Miami Beach 42nd Street Elevator Modernization Revised Schedule of Values (2) Form.pdf; City of Miami Beach ITB No 2022-142-DF Elevator Modernization Excepttions Letter.pdf;City of Miami Beach 42nd Street Elevator Modernization 2nd Exptions Addendum.pdf [THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS] Good afternoon Danny, Please find our responses to your questions below. In addition,can you please confirm if Tom Wardenburg from ElevatorCSl or Joey Gann from Miami Beach will be overseeing this project. Best Regards, Forwarded message From:Flores,Danny<DannyFlores@miamibeachfl.Kov> Date:Thu, Feb 24,2022 at 2:20 PM Subject: Re: ITB 2022-142-DF 42nd Street Parking Garage Elevator Mod-Responsiveness To: kevin.reardon@mavelevator.com<kevin.reardon@mavelevator.com> Cc:Granado,Rafael<RafaelGranado@miamibeachfl.gov> Good Morning Mr. Reardon, In review of your firm's bid response to Invitation to Bid (ITB)2022-142-DF,there are some clarifications we wish to cover with you. In the bid response,the below is required: 1 DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB Previous Experience of Bidder(Firm),its principal(s),or Sub-contractor.Bidder shall submit for the firm, its principal(s),or sub-contractor at least five(5)projects successfully completed of similar size and scope within the last five(5)years,considering similar scope of work to mean modernization of Elevators. 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. Bidders Proiect Manager and/or Superintendent.Bidder shall submit at least five(5)projects successfully completed of similar size and scope within the last five (5) years, considering similar scope of work to mean modernization of Elevators,for the project manager and/or superintendent. "Answer: David Alvarez was the Project Manager for the 5 modernization-references we provided and would be for this project. 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. Please provide one(1)additional reference and clarify which of the references submitted corresponds to your firm's project manager and/or superintendent.Provide as many references as needed to clarify this requirement. **Answer: Monroe County 1100 Simonton Street Key West, FL 33040 Alice Steryou-Purchasing Manager 305-292-4549 Steryou-Alice@monroecounty-.gov Modernized 3 elevators 2019-2020 David Alvarez was the Project Manager In addition,the deductive alternate value provided in the revised Bid Price Form (A1)of your firm's bid response contains a value that is unclear.The field"currently indicates$454,000.00, however did your firm mean to instead insert($16,000.00)? **Answer: 2 DocuSign Envelope ID:F04B4BCF-AB9D-4A36-B788-C8257151A3FB • The deductive alternate amount for geared hoist machines would be$16,000.00. Further, please confirm that you acknowledge Addendum#3.There was a modification that deals directly with a question your firm presented during the bidding process and addresses the potential exception presented in your bid response. **Answer: We are okay with the 300 days to complete this project. Please disregard our Addendum letter requesting 352 days. Please provide the above clarifications no later than March 1,2022 at 12:00pm ET. Best, MI AM,I BEACH r-- Danny Flores (he/him/his), CPPB, NIGP-CPP Procurement Contracting Officer City of Miami Beach Procurement Department 1755 Meridian Avenue,3`d floor, Miami Beach, FL 33139 Tel: 305-673-7490 ext.26652 I Mon-Fri.8 am-4:30 pm www.miamibeachfl.gov Please consider the environment before printing this e-mail. Hi Miguel, 3 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB Per our conversation, here is the email from the City Miami Beach Purchasing Department regarding that we are low bidder and they need us to clarify their following questions.Attached are the documents. Let's plan on going over in the office tomorrow morning to finalize as we only have 3 days to respond or otherwise we will be deemed unresponsive for this bid. Best Regards, Kevin Reardon I Senior Account Manager Mobile: (954) 850-9139 I Office: (888)400-7352 Email: Kevin.Reardonmavelevator.com 5071 S State Road 7, Suite 704 I Davie, FL 33314 www.Mavelevator.com 4 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB TYPE 8—CONSTRUCTION-SMALL (INSTALLATION FLOATER) INSURANCE REQUIREMENTS • 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 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,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,and$2,000,000 general aggregate. 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.) 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 1 DocuSign Envelope ID:Fo4B4BCF-AB9D-4A36-B788-C8257151A3FB required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O.Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,EXIGIS,at: Certificates-miamibeach a(�.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. 2 DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB ' Competitive Bid Reports-C2 C • MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T.Hudak,City Manager DATE: April 6,2022 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO.2022-142-DF 42ND STREET PARKING GARAGE ELEVATOR MODERNIZATION. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract to Maverick United Elevator LLC, the lowest, responsible Bidder to Invitation to Bid(ITB)No.2022-142-DF for 42nd Street parking garage elevator modernization based on the contract amount established below;and authorize the City Manager and City Clerk to execute a contract. BACKGROUND/HISTORY The 42nd Street parking garage,located at 400 W 42nd Street,was constructed in 1970.The two existing passenger elevators are in poor condition and need modernization.The aging elevator systems require critical upgrades to improve performance and safety and upgrade the interiors. Accordingly, the Procurement and Facilities and Fleet Departments developed an ITB for elevator modernization for the required upgrades. The scope of work includes replacing hoist machines and ropes and shackles, door equipment, fixtures, controller, safety blocks,battery lowering,a new cab,and interior. ANALYSIS On December 21, 2021, the ITB was issued. A voluntary site visit and pre-bid conference to provide information to proposers submitting a response was held on December 29,2021.A second site visit was held on January 14,2022.Three(3)addenda were issued. The Procurement Department issued bid notices to approximately 70,000 companies utilizing the City's e-procurement system, with 53 prospective bidders accessing the solicitation. ITB responses were due and received on February 11, 2022.The City received three (3) responses from the following firms Austen Builders, Inc., Maverick United Elevator LLC, and TK Elevator Corporation. The ITB stated that the lowest responsive,responsible Bidder meeting all terms,conditions,and specifications of the ITB would be recommended for award. The Procurement and Facilities and Fleet Management Departments have verified that the lowest responsive bid submitted by Maverick United Elevator LLC met the requirements of the ITB,including: 1. Bid Bond.As required,Maverick United Elevator LLC submitted a bid bond for 5%of the bid amount. 2. Licensing Requirements.Maverick United Elevator LLC is State certified as a Registered Elevator Company.The state license number is:614 and expires on December 31,2022. 3. Previous Experience of Bidder. Maverick United Elevator LLC provided the required proof of experience, and the references have been positive. 4. Bidder's Project Manager/Superintendent Experience. Maverick United Elevator LLC provided proof that its assigned project manager has the required experience. Accordingly, Maverick United Elevator, LLC has been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions,and specifications of the ITB. Below is a brief summary of the firm as articulated in its bid response: Maverick United Elevator LLC ("Maverick United") is an independent elevator company covering all of South Florida and specializes in all types of elevator repair, maintenance, upgrades, renovations, and modernizations. Maverick United prides itself on strong and long lasting relationships with its clients and exceeding expectations through exceptional quality of work, frequent communication,and fair and competitive pricing. Maverick United Elevator LLC has not previously completed work for the City, but it has performed work for Monroe County and several privately owned buildings located in Miami Beach.All references provided positive feedback. SUPPORTING SURVEY DATA DocuSign Envelope ID:FO4B4BCF-AB9D-4A36-B788-C8257151A3FB According to the 2019 Community Satisfaction Survey conducted by ETC Institute, the 41st street area ranks third only after Lincoln Road and Alton Road(area between 6th and 17th)in regards to places most visited in the City.This project aims to address available and accessible City parking by modernizing the elevator equipment in the 42nd parking garage. FINANCIAL INFORMATION The bid submitted by Maverick United Elevator LLC,the lowest responsive and responsible bidder,was for the grand total amount of$470,000.00. In addition, the cost proposal required pricing for a deductive alternate option to be selected at the sole discretion of the City.The Administration has elected to exercise the alternate deductive option proposed by Maverick United Elevator LLC for $16,000.Therefore,the total bid costs are decreased to$454,000.00.The contract total,with City's contingency,is$499,400.00. Maverick United Elevator LLC Grand Total(Total Base Bid+Permit Allowance): $470,000.00 Minus Selected Deductive Alternate: ($16,000.00) Plus 10%Owner's Contingency: • $45,400.00 Project Total: $499,400.00 Amount(s)/Acount(s): 480-1720-000350-00-412-526-00-00-00-69380 $454,000.00 480-1720-000356-00-421-000-00-00-00-69380 $45,400.00 $499,400.00 Grant funding will not be utilized for this project. CONCLUSION Based on the foregoing, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Maverick United Elevator LLC, the lowest responsive and responsible Bidder to Invitation to Bid (ITB) No. 2022- 067-DF for the 42nd Street parking garage elevator modernization; and authorize the City Manager and City Clerk to execute a contract. Applicable Area Middle Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Facilities and Fleet Management/Procurement ATTACHMENTS: Description 0 Tabulation