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Contract with Tadeos Engineering Company NQS\I I L, z n a Z. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 11 DocuSign Envelope ID:5DFE46FA-FDF2-46FF-8978-01B23EA1DE58 Contract No.22-416-01 CONTRACT 3/14/2023 1 9:15 EDT THIS CONTRACT("Contract")is made and entered into as of the 000/2o'r3 by and between the City of Miami Beach, Florida, a municipal corporation Ithe"City")and TADEOS ENGINEERING COMPANY(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-2022-416-BOLLARD INSTALLATION 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 by reference to the General Conditions for Construction Contracts dated April 13, 2020,are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Composite Attachment A (Solicitation Terms and Conditions—Services dated April 13,2020 and the City's General Conditions for Construction Contracts dated April 13, 2020), Attachment B (Plans and Specifications, Invitation to Bid No. ITB-2022-416-Bollard Installation and all Addenda thereto),Attachment C(Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D(Insurance requirements). For the avoidance of doubt,all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.)shall govern this Project. In consideration of these premises,the City hereby agrees to pay to the Contractor for the work,when fully completed,the total maximum sum of one million seven-hundred eighty- seven thousand seven hundred ninety-five dollars and seventy-six cents($1,787,795.76). The Contract Price, consists of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid+Indemnification $1,625,268.87 Total Permit Allowance Account $75,000.00 Total Alternate Items(if applicable) . NONE Total Owner's Contingency $162,526.89 Contract Price $ 1,787,795.76 1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DocuSign Envelope ID:5DFE46FA-FDF2-46FF-8978-01B23EAIDE58 Contract No.22-416-01 The Contract Price,exclusive of the Owner's Contingency and Permit Allowance,includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom,even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents, Contract Time: Miami Beach Convention Center Days for Substantial Completion: 120 calendar days Days for Final Completion: 60 calendar days SoundScape Park Days for Substantial Completion: 150 calendar days Days for Final Completion: 60 calendar days South Pointe Park Days for Substantial Completion: 150 calendar days Days for Final Completion: 60 calendar days 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. [BALANCE OF PAGE INETIONALLY LEF BLANK] • DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DocuSign Envelope ID:5DFE46FA-FDF2-46FF-8978-01B23EA1DE58 Contract No.22-416-01 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 Public Works Department 451 Dade Boulevard Miami Beach, FL. 33139 Attn:Omar Mendoza Ph: 786-758-1437 Email:omarmendozaamiamibeachfl.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: rafaelpaz(atmiamibeachfl.aov For Contractor: Tadeos Engineering LLC Attn: Luis O.de la Hoz Olivera 14030 NW 82'd Ave. Miami Lakes, FL 3316 Ph:35-903-8816 Email: luisatadeosenaineerinc.com 3 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DoeUSlgfl EtiVelopa IDS75DFE46FA=FDF246FF-8079-01823EA1DE56. Oontra 146;22 4 6 Q:1 ;,IN•WITNESS WHEREOF;the-above parties have..caused this:Contract to be executed by: their appropriate officials as.61 the,date,firsttabove written, FOR'•CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA Doc��u��Siirgned by: /'ir cuA B. A f... - - By: - .Rafael E.Granado,city Clerk- + T.'Hudak,.Ci Manager. Date: 3/14/2023 i 9:15 EDT [seal] APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION .4 V1+1- + -- 'FS123 ity Attorney F9.✓ Date FOR CONTRACTOR: TADEOS E GIN R NG LC By: Name: it_0 S 0. De f°4 Date: ( Zo-P3 [seal] 4 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ATTACHMENT A GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D MIAMIBEACH GENERAL CONDITIONS FOR,CONSTRUCTION CONTRACTS (April 13;,20,20) ARTICLE 1. DEFINITIONS AND INTERPRETATION OF.CONTRACT DOCkIMENTS. .1.1. Definitions. The definRions indluded in this Section are not exhaustive of ali definitions used in the Contract Documents: Additional terms may be defined in other Contract DocUmente. The following terms ehalthave the meanings specified bereiri,as f011ows:, "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, inoluding all 'sUppOrting documentation, in a form and substance satisfactory to the City, submitted by the.Contractor on a Monthly basis jn order to obtain the City's.approval for.payment for'Work performed pursuant to,the Contract Dodumente: "Bid" means an offer or proposal Submitted by a.bidder in response to this (TB.The terms"Bide and'Bid Subrnifforare used interchangeably. "Bidder Meang anY individual or firm submitting' Bid for'this Project. "Change Order"means a,Written document ordering a change in the COntrept Pride and/or Contract Tirne or a material change in the Work(as defined herein). A Change Order must comply with the requirements of the Corittact'Dbdunient$. "CIP Inspector/FWD Field Observer"means a City employee charged with observing and documenting,for internal City purposes only,general observations and conditions of the Project including,without limitation,the weather'conditions, the number of workers present at the,time of Observation,:general type of Work being performed and taking.photographs regarding same Contractor expressly waives any ight to.assert as a ,defense'to any claim regarding the Project including, without limitation, any dispute between the City.and Contractor, and Contractor and any third party, the:presence or purported approval or Consent of any CIP Inspector or other,City.employee conducting any field observations during,the Project. The. Contractor expressly acknowledges that the purpose of such city'employee is to observe and document:for internal purposes only general Observitions.and conditions of the Project,and in no way is intended to, nor Shall be: treated as,a Orton with authority to approve or reject the Work on behalf of the City or anyother entity,or to direct the Contractor's Work in any way. Contractor expressly egreet,to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to.any Claims involving the Project "City" means the City of Miami Beach, a Florida municipal:corporation, having its principal Offices'at 1700 Convention Center Drive, Miami Beach, Florida.3313.9. In all respects.hereunder,,City$ obligations and performance is pursuant to cito: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 lj Gener,o1 CPndilions 1pr cpnslruclipn ConlratK(April 13, Z020) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Departmentperm OM*,Orother,apolicable;permjteWithin Itjtirisdiction,the exereise.of such regulatory authority. and the enforcement,of any.rules; regulations,..laws and ordinances shalt be deemed to 'have occurred pursuant to,City's regulatory authority as agovernmental body and shall not be attributable.tn any manner to ',city,as:a Party to.this'.ContracL -,City Commission"meansthe governigga.'nd'Iegislatiit bodyof'theCity. "City Manager";means,the Chief Administrative Officer of the City,. The City,Manager shelf:be construed to .include,the Contract Administrator and any duly.authonzed representatives of the City as the City Manager may designate in writing at anytime with respect to any specificmatter(s)concerning the Project and/or the.. Contract'Documents (exclusive of those.;authonzations reserved Jo the City Commission or regulatory,or :administrative bodies having jurisdiction-Over any.matter(s) .related..to the Project and/or.the Contract Documents). "Claim"'Tneans a demand°ot assertion:by one ofthe patties seeking;,as-a matter of right,adjustment or interpretation of the:Contract'Docume_nts,,payment of money,extension of�time:ot:otherreliefwith respect to. the Contract Documents.or Project. The term"Claim"'also;includesa:other disputes and matters in question between the City and Contractor arising out of or relating the Contract'Documents.'Claimsmustbe 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 yr accordance withthe terms;of the:False.Claims Ordinance andClai Qrdinance and conclusively waived and released., "Consultant"means the'firm named:in the Invitation to.Bid Summary as the,"Consultant,":that has entered into aseparate agreementwith theCityto 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"forthe Project,Wherever the word"Architect"or"Engineer"'or°Consultant"appears,in the Contract 'Documents, itshall be,deemed to refer to the Consultant andlor the design professionals.engaged by the. .Consultant;All-communications,directives;instructions, interpretations and:actions required'of Consultant .shall be issued ortaken only.by or,through Consultant's authorized representative(s). "Construction.;superintefdent'r means the individual.wtiots.a representative.of the Contractor; and, who shall beresponsible for continuous:field supervision,coordination,and of the Work,andwho shall maintain.a f ull time on=site,;physical'presence at the Pro_ject Site and.s_atisfy.the.obligations of Construction Superintend'ent.as provided in the:Contract Documents: "Contract" means,the'wrtten 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 Adrriinistratoi" means.the City's Contract.Administratorshall•mean the individual,appointed'by the City Manager who shallthe City Manager,Who shalt be the City's,authorized representative to coordinate,direct,and review on behalf of the City,,all,mattersrelated to the Project. The initial Contract Administratorforthe Project:is named in,the Invitation la Birt Summary. "Contract Documents"'means al),of the documents setting forth bidding,'information,.requirements,and contractual obligations for the Project,including this ITS,Contractor'said in respo>sethereto, the Contract, 21 General Gprndilions(orconstruction.Conlraetsi(April F3;;2001 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-56OC4E7DFB6D and the Plans and Specifications,together•with ali;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,bf 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 bythe Contract(Documents (including,;but not limited to; all labor',,equipment an&materials to:administer, coordinate,.:,provide related certifications;;install and otherwise construct and completelhe 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,asstipulated in:thetontract- Documents,and as May beaniendedby.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:otthe;Work an;payment.of all debts pertaining.to the.Work. ''Days" means references 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 Dade County;,Florida are nat.openn for business during normal hours. °Field Order"'or'Field Directive" means°a written order which, further describes!details or provides' :interpretations necessaryy to complete.the;Work of Vie Contract Documents but which does-not involve a change'if t the\Contract Price_or Contract Time.; "Final.Completion"Means the date upon which all 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;providedhav_e'.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 ContractAdmit istrator to Contactor to commence end proceed'with portions of the Work as specifed therein or a specific task of .the Project,end'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,satisfyi:ng all requirements agencies:having.junsdiction. However,the City is notobligated•to. immediately:issue NTP on-the date Contractor obtains all requisite permits and/or satisfies'.the.specified condltions.precedent for issuance of NTP.. The date.of issuance of NTP shall,be determined et the.City's. sole discretion�once Contractor has obtained.alli 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 atits sole.discretion:to defray additional expenses relative to ithe design and construction of the-•Project, as well as additional expenses expressly chargeable to,the City orotherwise 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 h'as no right or entitlement whatsoever to theOwner's Contingency;and use of such funds are subject to the C'ontractAdministrator's or City Manager's prior written approval and'issuance of a Change Order by the City 3,i General C3ndilions bor Bona-uction:Cot kocis,(Aprii'T3,•.20201, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D at its sole and abtOlUte disciation:Any unutedtity Contingency renaming.at.thetrimpletion,of thePrOject thallaccrue-tblely to theCityk "Parties" Means city.arid Contractor,and Tarty"it-a reference to either city,or Contractor,as the context -May inditate or require.: oPlaris''means the drawings or reproductions thereof Prepared by the Consultant;which,show the lOcation; character;,dimensicins and details of the Wik to be done,and which are apart of the contract Document . . . "Project"means.the Improvements described in the Contract Documents and all Work that is contemplated thereby or reasonably inferable therefrom. "ProjectinitiStion'Date" means the date-upon which'the Contract Time commences. "Project Manager"means the aUthorizedindividual which lethe representative of Contractor and;who will adMinitter and manage the prOsecutionef all Work on behalf of the Contractor. "Punch Litt" Meana,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 tia the City. "Responsibie Bidder"'means an offeror who has the'capability in all respects to'perform fully the contract requirements, and the integrity and teliability,which will assure.good faith performance; including, without limitation,the factors identified in Section.Z-369 of theCity Code, "Responsive Bidder"'means a person ot 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 farms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other Mandated requir'ements by the bid docignents to be submitted at the time dflbid opening. "Schedule of Values" meant.a written schedule setting forth the detailed and itemized cost breakdown, inClUsive of labor, material,',and !mot of all elements comprising the Contract Price. "BPecifications" means the general term comprising all of the written directions,, provisions_ and requirements 'contained in the Contract Documents, at amended, describing the work required to be performed,•including' detailed technical requirements as to labor, materials, supplies, equipment and staridardS to.whiCh tuch,wcitk it tO be perforMed. "Smbcontractoro means any person or'entity.supplying the COntradorwith labor, materials, supplies or equipment used directly.or indirectly,bythe 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 j General Coridiliom for,conslruclion ConlrotIOApa 13,2Q201 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D been,satisfied,and the;Project is'ready,:for occupancy, utilization:and continuous comrnercial:operation for the!uses and 'purposes intended'by the]City,'without*ferial,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 Occupancyor Certifcate of Completion by the,authority having jurisdiction; (?),:the issuance:of:a Certificate.of Substantial Completion by the Consultant, :and (3)acceptance of such Certificate.of Substantial Completion'bythe:City pOrStrant to the Contract.Documents. "Surety"'means the surety company or.individual,Which Is bound by the.bid bond,,or bythe 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'accordarice With Section 255.05, Florida Statutes: "Work" means all construction.-and,%services required by 'or reasonably inferable front..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,'andadministration servicesto be provided' by the Contractor, and other'items, work and services'that;are necessary or appropriate for the.total .construction, installation;furnishing;equipping, anct functioning of the completed Project, together with all additional, collateral and incidental items, work and services,,required te,achieve ,Final Completion in accordance with,the Contract Documents. 1.2. Interpretation.cif the Contract Documments:. 1.2.1. Asused in the Contract Documents,(I)the;singular.ahall iriclude.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) ail definitions of,agreements shall:include all amendments thereto in effect from timeto time., 1.2.2,. 'Whenever it shall;be provided.in.the Contract Documents that the;Contractor is required':ter 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 end the cost of such service Mobjigation:sheir not,be included in any Application for Payment.. .1:2.3. Contract Documents-shall be.construed in a harmonious manner;whenever possible:Thegeneral intent of.the Contract Documents;is to include all items,necessary for the proper execution and completion, of the Project bythe'Contractoi:, 1.2.4. . The Contract Documents,shall betaken as a'.whole and are complementary;, and any itemof Work called for in any Contract Document_shall'be as‘binding as if called for by.ail,'soy 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'ContractDocuments, as well as: any'Work which, in the sole opinion of City,may be fairlyinferred from"the Contract Documentsaor by normal. industry.practice. 5 J General Gnridilionsler.Construction ConlracIs,iAprif T3;'2)2O). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D t2.5. Detailed plant shall take precedence over general plant fOr the same partof theWork.'Specificadons and detailed plans which may be Prepared or approved by after the of theContract and which may befairlyinferred•from the original speCifications,and plans are to be deemed a part of such specifiCations .and plans,and that portion of the Work shown therebyShallibe performed without any change in the Contract 'F'dmor.Project Schedule With respect to conflicts between largescale drawingt,and small scale drawings, the:larger:scale drawing shall gOVerni'unlessotherivise dictated by CtorisUltarit 1,24 Where compliance.with two-or more requirements it;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 othervilte in the Contradt,Docilments. 12.7:. As used in the Contract DocUments,unless specifiCally indicated otherwise;references to en Article inCludeall.Sectiont,Subsections,and items within that Article;.referenCes to Section include all Subsections and•items Within'that Section;.and referencet toe'Subseclion includo'all items within th4t Subsection. 1.24, WOrds WhiCh haves well-knoWntechnical or trade meaning are used herein in accordance with sUch recognized or welkriown:Meaning,unlese.the CoritraOt Documents Otherwise specifically define such word. (1.2.9. The Recitals;Appendices,Exhibits and Schedules attachedhereto are expressly incorporated in and triad-640aq of the Cor)tract bocumentSas if fully set forthlherein . . . ARTICLE.2. INTENTION AND,PRIO.RITY OF CONTRACT DOCUMENTS 2.1. Intention of.City; It is the.intent of City:to detcribe in the Contract, Documents:a functionally. Complete Project.* part there*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 awbeing required to produce the intended result shall be supplied'by Contractor whether or not pacifically called for City shall have no duties. other th'an those datiesand obligations expretelY set forth within the,Contract DoCuments. .Priority of Contract'Documents-. In.the.event of.conflict or inconsistency among the.Contract Documehtts.the f011OWing,ordeof precedence theft govern the interpretation'of the Contract Documentk .QhageOdetsOrAmednients tO thisContred(ekcfUcling the Plant end_Specifitations):,, b: The Contract Documents(excluding the Plans andSpecifications); :c. .MOdifications'oi;thanget to the Completed Plant!and Spetifications,aappiàvdd by theCity; Thetornpleted-Plans and Specifications,as approved by the City;and' 0., The ITS. • In the eventof any conflict between the_Qetieral Terms and ConditiOns,of the ITB(at 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 1 General CDridiljoill for,construclion•ConirodK(April 13,,202pj DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Contractor Shall he furnished two,(2),copies, free of charge, of the Contract.Documents;,which be preserved and always kept accessible to the 'City, 'the Consultant, and:their respective authorized 'representatives; Additional'copies of the•Contract Documents may,be obtained from City at the cost of 'reproduction. ARTICLE 3:'CONTRACTOR'SZUTIES-AND RESPONSIBILITIES. it Performance oftheWork. The Contractor covenapts.indwarrants thatit 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,Lairs 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 teasbnably inferable therefrom., As part thereof,'Contractor shall achieve Substantial Completion within thetinie 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,(Atha Contract Documents Unless Otherwise provided in the Contract Documents,or as agreed to in writing'between t Cityand Contractor,the form and content of all reports,forms and regular submittals by Contractor to City shall be subject to prior approval of thecity,and Contractorshallisubmit such materials to the City for City's approval prior to implementation .CityS,apprdval thereof shall not limit C:itys right to thereafter require'reasonable changes or additiOrp to approved systems, reports, forms and regular .submittals-by Contractor to City. 3.2.. Standard_o(Care:Ihe 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 profession f pradticirg under similar conditions for projects ofcSiMilar 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 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'Shil,be Subject to the prior approval of the City Nothing contained in the Contract.Documents shall be construed to create any obligation or contractuarliabilitYTunning from the city fo any such persons or entities, including to any§ubOonttactotS„ 3. Notices to Proceed. -Contractor shall be instructed to commence the by written instructions inAtre form Oa Purchase Order issued by the Citys 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 preconstrudtion,work Within.five (5) Calendar days after the:Project Initiation y Date,'whidfrSh011 be the same as the,date of the first Notice to PrOceed the first.Notice to Proceed and Purchase Order will not beissUed until Contractor's submission to City of all required documents,inclUding,but not limited to,Payment Botkl;Performance Bond,and Insurance •Cettifidate(t),and after execution of the.Contract by both parties. 3.4. Conditions Precedent to.Notice to Prodeedliar Construction of the Work. The following are conditions precedent to the issuance of 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 . 1 Genwo Cridilions for consfruclipn ConlradN,(AO'I 3, 2020). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ;receipt of:all'necessary,permits:by Contractor;(2)City's acceptance 'ate Contractor's full progress schedule in accordance.with the Contract Documents,'Contractor's.submittal schedule, Contractor's Schedule.of Values;.and list of Subcontractors,13) Contractor'% kiumcane. Preparedness Plan;.and (4) Contractor's submission.to the:City:and Consultant of any other dottiMents required by the Contractor,Documents;'The 'Contractor shall. submit all necessary:documents required for issuance, of the. Notice to Proceed with construction of the Workwithin twenty-one(24 dalendar days of the issuance:of the:first Notice to Proceed; 3.5: ;Warranty:Contractor warrants to City that all materials and equipment under.this Contract will be newt unlessotherwise.specified and.that all of the Work'will be of goad quality, freefrom faults and defecteand'in conformance with the Contract Documents.. All work not..conforming to these requirements,: including substitutions,not properly approved and authorized; may be considered defective. Ifrequired by Consultant.or City; Contractor Shill furnish satisfactory evidence as.to.the kind and quality of materiials.and equipment: This warranty is not limited-by any other provision af.the Contradf Documents. 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 .progress, a.:.full-time competent English•speaking Construction. Superintendent and any:necessary assistants,all-satisfactory to City: :TheConstruction Superintendent shall.not be changed except'with the, wntten,consentof City,unless'the Construction Superintendent proves be unsatisfactory to Contractor and ceases to be.in:its.employ. The.Construction Superintendent represent Contractor and:all directions given to:the Construction Superintendent'shall be as binding.asif given to Contractor and:will be confirmed in writing by City upon the written request of Contractor: Contractor shall'give efficient.supervision:tote, Work, using its bestskill,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; andother personnel employed'in'the construction of the. Project.. On adaily basis,'Contractor's Construction'Superintendent shall record,at minimum,te following .information in ra bound log: the day; date, weather conditions and how any weather condition'affected. progress of the Work;ti me.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,anyspecial 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.byCity'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'sduty to immediately inform Consultant,in writing,and Consultant a T Genetpi Conditions for Construction.Contracts,(Aprtr r 3;:2020). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D will;promptly tevieW the same:, Any ivork.done.after such discovery; until authorized; Will be-done at Contractor's sole risk. 3 6 5 Contractor ehallSuperyiseald direct the'Work-geMpetetitly and efficiently, devoting such attention' thereto and applYind such ekillsand.eXpettiee as may be necess_ary to perform the Work lhacCardance.With 'the Contract Docurnents.. Contractor shall be solely'responsible for the means, methods, techniques, Sequences and procedures.Of ganef**, The Construction Superintendent tnuat have at least five(5)years off experience in projects of Similar' 'deeign,scope,size and compleXity,. The Project Manager must haVeatieastfivel(5).years of eXperience.in prOjeCts of similar design,scope,SVe and corriplexity. 17. Subcontracts:: Catitractor Shall not employ any subcontractor against'whom'City or Consultant may have.a reasonable objection shall not be required to employ any subcontractor against whom Contractor 'has.a reasonable objection 31.2. Contractor shall be fully responsible far all acts and omissions a!its subcontractors and4 persons directly or indirectly employed by its subcontractors and of persons far whose acts any of them may be liable to the same extent that Contractor ie responsible for the acts and omissions of persons directly employed by it Nothing in the Contract'Documents ehail:create any contractual relationship between.any subcontteetof and City.or any Obligation on the ,part of City to pay or to.see the,payment of any monies due:any' silbcontractor.City or Consultant may furnish to any subcontractor evidence of amounts-.paid to Contractor .cinaccaunt of specific work perforrned, 'Contractor agreet 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 proVitiOns(orshall incorporate.the'following provisions by reference)and shall state: a. thatitieSubContractor irrevocably submitsitself tc;,.the otiginal and%du-sive jurisdiction and' venue in Miami-Dade County;.Florida, with regard to any controversy in.any way relating to the.-awarct, execution or performance of the Contract Documents andior such Subcontreatbr%agreement,and whereby 'the Subcontractor agrees,that service of process on It may be made tolha.petsOn.or entity.deeignated.in,the Subcontract; b. that the City shall not be'inpriVity oftontract with the.Subcontractorend shall not be liable to any Subcontractor under the Contract Documents or any such subContraCt except for the payments-of amounts doe to the,Subcontractor under its subcontract in the event that the.City exercises its rights under any lassignment of the subcontract and requests or directs the Subcontractor to,perform the portion ate Work covered by its Subcontract; c: that the City is a third-party beneficiary,'of the $ubContra.ct, entitled'to enforce any rights .thereunder for their respective benefits,and that;subject to the terms of the applicable Subcontract,the City shall have the same rights and remedies vis-à-vis such Subcontractors that Contractor shall have,Including the right to be compensated for any loss,expense or damage of any natute WhatsoeVerincurred;bythe City. resulting froni any breach of such Subcontract by Subc,orittactor, any breach of representatiOns and 91 General Conditions for construdion.ContratK(April'i3;200) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D warranties;,if any,implied orexpressed,arising,out of such agreements andany,enrar;,omission,o_r negligence of'such Subcontractor in the;performance:of any of its obligations under such'Subcontract; d. 'that the Subcontracter.shall, indemnify and:hoid;'harrnless•Abe.'City,.its, officers; agents, directors,and employees,and instrumentalities to-the fullest extent permitted.bySectiion725;06:of the Florida ,Statutes;. e: that such subccontraat shall be terminable.for.default or convenience,upon ten 00).daysprior Written notice.'by Contractor,or;if thoSubco f tract'has been assigned to:the City;'by the City or its designee; f: that Subcontractor shall promptly:notify the City(with acpy to;.Contractor)of any default of .Contractor under the Subcontract,Whether as to payment or otherwise;: g. ,thatContractorand Subcontractoracknowledge 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 ony,PurChase order or subcontract entered into by Subcontractor.; and (iii)the'payment•bond-provided.by Contractor;pursuant to this.Agreement is a substituteforthe 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.: thatSubcontractor Shall complywith all'Applicable.Laws(including,prompt'payrment)and the City requirements;as set'forth in the.Contract Documents and _maintain all files, records, accounts of expenditures for Subcontractor's portion of theWorkto the'standards setfOrth lb.the.Contra t Documents. is that the.City:may,at reasonable times;contact Subcontractor;afternotice,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. thatSubcontractor 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 ofsuch;defect,•omission,error or deficiency; that Subcontractor assiign:all warranties directly to the City, I: that the. Contract Documents.provide.a ;limitation,of remedies-and' NO _DAMAGES FOR. DELAY'aadelineated,in.Articie 10 hereof;' it that in the event ofa change in'the Work,theSubcontractor's Claim'foradjustments,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.establishedas 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'forincreasein the subcontract price,damages, losses or.•additional compensation: TO I Genero[Condilions:(or Conslruclion Conirocls(April T3;20201' DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D .0. !EaOh subcontract s.hall require that:any claims bySUbcrintractor for delay or additional cos must'beJ submitted to'Contractor within the time and in the thannee:in.WhiCh the Contractor must submit Claims to the City,and that failure to comply with the Conditions for blving notice and submitting"claims shall result in the waiver of such claimsirtthe'same manner as provided for in Contract Documents 3.7.4: Contractor shall perform the Work With its own forces.;in ariartioUntnOt less than the fpercentage of the Work apeCified in the Invitetion to Bid Sunimary, 3.8. Plans and Working Drawings', 3.8:1. ContraCtor tcP Check:Plans. Specifications.and:Data: :Centractor shall,verify, all ditnenaions, quantities and Mane 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 llable for damages re-suiting 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 UnleSe.Contractor should have recognized such error, omission:or discrepanCyppon reasonabie 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 illuetrate the Work further,orto.showahy.chAnges which,maybe required, supplernetilary 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 decuMents., Where such supplementary d*ings require either less or more than the original quantities of work,appropriate adjustments shell be made by Change Order in case of disagreement between the written and graphic portions.of the Contract DoCurpents,,the written pbrtion§tiall govern. 3.8.3. ShanDrawings, 3.13.4.1. Contractor Shall fsubmit Shop Drawings as required by the Technical Specifications The purpose of the Shop.Drawings is to show the suitability, effiCien% technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract ;Documents. 3.84.2. Within,ten (10) calendar days after the Project Initiation Date.spedffedin 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 cntical items. Submission of such documents is a condition precedent to the issuance of e Notice to Proceed for'construction. Approval of this list by Consultant shall in no way;:relieve•Contractor from eubmitting,complete Shop Drawings and: providing materiels, 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,,ContieCtor shall promptly request Shod Drawings from the various manUfaCtUters,fabricators,and suppliers Contractor shall include all shop drawings and Other aubrnittals in its certification. 3,8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each:and every copy shall show this approval thereon, 11 Genegil CondilionslOr ConsItuclioti Coniracis!April 13; 2020), DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 3.8.4.5:. If.the. Shop .Drawings'show or indicate departures from the Contract.reyuireinents, 'Contractor shall Make specific mention thereof in its letter of transmittal.. Failure to,point but Such departures• Shall riot relieve Contractor from its'responsibility'tocómply with the contract Documents, 3:8:4.6: Consultantshall'review,and approve Shop'Drawingswithin seven.(7)'calendar'days`from the date received, unless said:Drawings are rejected by Consultant for material reasons. Consultant'sc 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 materals'or work required by,the Contract Documents and not indicated on the Drawings. 'No work called,for by Shop.' Drawings shall beperformed until.the.said Drawings have been approved by Consultant..Approval:shall not relieve Contractorfrom responsibility forerrors.or omissions of any:sort on the Shop Drawings. O.4.T. 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,Dra.wings 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:requi nng:special•attention. .3.8.418, If catalog Sheets.or prints.of.manufacturers' standarddrawings are-submitted, as Shop. Drawings,anyadditionat information or changes on'suchdrawings shall be typewritten.or lettered in ink.. 3.8.4:9.. Contractor shall submit the.number of copies required;by.Consultant: Resubmission of 'Shop Drawings shallbe•made in the same quantity until final'approval is obtained'. 3.8.4.10. 'Contractor shall keep one set qf Shop.Drawings.marked with Consultant's approval.at ;the jobsite.et all times. 'Field Layout.of.the_'-Work_add,Record Drawines,The,entire responsibility,lor,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 Iodation and elevations of all;pipe tines',conduits,•structures; maintenance`access structures;,!liandhofes,:fittings and'the like and shall prepare record or"es-built"drawings of the samewhich,are sealed by:a Professional'Surveyor. Contractor' shall deliver these records good order to Consultant as.the Work is completed. The cost of all such field, layoutand recording work is included in the prices bid for the appropriate items, All record drawings shall be •delivered to C_.onsu,Itant.priorto Substantial Completion,in accordance with the Contract Documents.. 3.13.5:2r 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 priorto Final Payment,these record documents,samples.and Shop Drawings shall be delivered;to the ContractAdministrator 3.8.5.3. Priorto,and as a condition precedent to Final Payment, Contractor shall submit to•City, Contractor's recorddrawings.or as-built,drawings.acceptable to Consultant. T 21 GenejdFCond.ilions•1or Conslruclion Coniracls(April 13: 20201' DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 3.8.5: Art hi Public Places("AIPP'")iCoordination.`Contractorshall coordinate'the implementation of the: 'CiWs.:'AIPP commissions and'installations for the.Project„if'any, with;all such:coordination Work;covered wlttiui.'the Contract.Price,:provided,.however,,that the City.,shall separately fund the'commissioniing and ;installations ofall'AIPP.artworks. 3:8.6. Cities_Participation.. THE CITY HAS NOS 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 ANDIOR 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.ANDIORsEXCUSE' ANY:BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDERTHE CONTRACT DOCUMENTS .THE. PARTICIPATION'IN.THE,PERFORMANCE OF'ANY OF CONTRACTOR'$'OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONTRACTOR '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.EXPRESSLYACKNOWLEDGES' AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE,TO.ANY,CLAIM, ACTION, SUIT AND/OR DTHER.:PROCEEDING OF A'SIMILAR'NATURE;THE CITY'S PARTICIPATION,ASSISTANCE:ANDIOR- .FACILITATION.IN'THE PERFORMANCE OFF 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 ANDIOR:'.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;Contractorand does not relieve the,Contractor of thedue 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 orother information and .makes..no ,gparantee, either express or implied, that the conditions,`indicated in.such information or independently .existing throu hout the ,erformance,of the Work or the Pro Project Site, and Sere is no.'guerant a of those ,found.bythe.Contractor as a result of any examination, ex roration.or testing, are re resentati g p Iguarantee 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 shalibe 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 integra 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 stated or shown,,or both, in the Contract'Documents:The cost of any item of work not covered by a defnite.Contract unit price:shall be included in the Contract unit price or lump sum pricelo which the item is most applicable. T3 I General Conditions•lor Conslruclion Contracts/April 1:3: 20201 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 44. If the.Invitationto.Bid Summary or any Other Contract Documents conte nplate'tump sum pacing for the,Project,,the Contract.Price shalt be the.amount specified in the Contract, consisting of abase bid,and a separate line'item forthe,Owner's'Contingency,(to be used solely by the City at its.sole'discretion forthe. 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 orexpressly identified as part of a line item in'the IT6 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,:Contractorshalt not incur any cost,to bereimbursed es part`of the Project;except as the'Contract Administrator.May authorize in writing.. ,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 releting:-thereto.. The decision to make such•changes,and to incur the,costs that arise'therefrom,shall'be in the sole discretion of theCity;, .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,jurisdictions provided such Work:directly results from Cites,issuance of.'a Notice to.Proceed prior toobtairiing full pemuits=thereon; c. In the event of Excusable Delay;reasonable acceleration.costs to meet milestones,if approved by the city at its sole and absolut:discretion;, d. .Differing,site conditions.pursuant to the Contract-Documents; e.. 'Post-hurricane or stotrnrelated Construction.Change.Directives(to address;matters that are it 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 andlor,compensable.undePthe'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 Contractors 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. T4 1:General:Condilions.lor Conslruclion ConIraels(April 1`3;202011 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Contingency;and;use of such funds are subject tot 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 CO 'Contingency remainingat-the completionnof:the'Project shall accrue}Solely to the City, ARTICLE 5. APPLICATION FOR,PAYMENT: 5.1.. Applications'forPaymentfor=the Work performed by Contractor shall be Made.niont ly,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 shalt show a complete breakdown,of the Project.components,the quantifies Completed and the amount due,together with such supporting evidence asymay.be'required by Consultant-or City; Contractor shall jnclude,'with each Application for Payment, an- updated,:pragress.schedule.as required,by 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,shalt make payment to Contractor • after approval by Consultant of an Application for Payment; less'retainage aS herein:provided for andlor 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 shalt withhold.frorm each,progress payment made tb 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;constructionservices provided forrinthe Contract'Documents. •Thereafter,ithe'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 255.07,8 of the,Flonda Statutes,as,may be•amended,and shall otherwise be.at the sole discretion,of the Contract Admiiaistrator,after, considering any recommendation' of Consultant with,respect,thereto:. Contractor shall`have no entitlement to a release of,or. reduction;inf retarnage,.exceptas 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: aa, correction or re-execution,of Work which is defective or has not_beenrperfornled 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 en appropriate release of lien/claim(whether or not the Work in question is the subject.of any dispute);' C. 'the.City's remedies atising'from any failureto perform the contract Documents''requirements or Uncured Default of this Contract by the Contractor; T 5 I:Gonerot Condilions for Conslruclion Conlrocls(April 13; 202% DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D d. damega to another contracto'r:or third=party (including',,without.limitation,,.the property of any resident_orbusiness:in thearea surrounding the Project Site)which has not been remedied or,damage to Citp,propertywhich has not been'retnedied;, e. liquidated damages f,: ,failure of 'Contractor to `provide a'.'Rec_over .Schedule in' accordance with the .Contract Documents; g:. :failure;of'Contractor to provide.any:and all material .documents. required, by the; Contract Documents inclyding, without limitation, the .failure to maintain as-built :drawings in a current and acceptable:state;.and h.. pending,or'irnminent'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 bondsorotheradditional secuntyreasenably,"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 pursuantto any of the terms or provisions of any of the'Centract Documents: 5:4., No.acceptance. 'No progress paymentmade by the City to:Contractorshall'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 Projectwhichais pot in accordance with the.ContractDocuments.. '5.5:. Final Bill.of'Materials:.lion request;by the City,,Contractor:shall.be required to.submitto'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 ite`mizedlist of all'materialsiwith,a`unit cost for each,material and the total ehall agree with unit costs: ,established'foe each'Contract item. 'A Final Certificate for.Payment,cannot be issued;by Consultant until Contractorsubmits'thefinal bill of'materials and Consultant verifies the accuracy of the units ofliVork:. 5.5. 'Payment by City for Tests..Except when':othervliise'.specified in'the:Contract Documents; the' expense of all tests requested.by Consultant shall be_borne,by City and by a.testing firm chosen by the City. 'For road construction projectsth'e-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.whiich contractor fails shall' -be paid for by Contractor,.. 5.7 Form of Application Proiected Pevment_Schedule.The'Contractor shall make each-Application for Payment on AIR Form G702 or other formtapproved by the City,which incorporates the budget•and the. Schedule.of Values: For each line°item,the Contractor shall:state the approved cost,the costto 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 B. PROJECT SCHEDULE AND CONTRACT TIME,. Ta r,Generof Condiiions•for Conslrucliori Coniracls(April 13;�0,2q, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Time for Completion.Time is of the essence,throughout this Contract.:'ContrectorshalI perform the Work soap to achieve Substantial Completion.within the number of days specified for Substantial_Completion theInvitation to Bid Summary,and:the Project shall be completed end ready,for final payment as set forth ;herein,within,the number of days specified for Final Completion Ingle Invitation to Bid.Summary,with such 'FinalCompletion.date calculatedfrorn.the date certified-by Consultantas'the date.of-Substantia1Completion,-. 62: •Project Schedule;Preliminary•Matters. As a condition of issuance of.a Notice-to Proceed for the construction of the Work NTP2),Contractor.shail'submit to Consultantfor Consultant's review and acceptance:. 6,2:(. -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 BidSummary. (CPM;'shall be;interpreted to,be generally as outlined in the:Association of:General.Contractors.(AGC) publication,."The Use of CPM in Construction!) Contractor shell;provide a preliminary Men+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 materialt. and/Orequiprnent,and Logicrelationships of activities including physical'-andsite restraints: The.preliininaryBase'L'-ine,project schedule when submitted shall_;have•attached,a.rum 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 norerrors(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 andor additions/deletions to activities. 'City's'acceptanceofa Progress Schedule for purposes of City's approval of an Application.for Payment shall not constitute or betonstrued as City's.approval of the Progress Schedule itself;.or as approval of any change to.the.'Project Schedule. Any changesto the Project Schedule, if agreed to,shall be memorialized ina 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 forreview 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 logic changes should be made; 3) 'Update to individual:subcontractor activities;and 4) Integration of changes into the schedule. T7 J Genefor Condilions•(or ConsIruclion Coniracis 1April 1:3; 2020) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The ProjeCf Schedule shallbethe basis Of the ContraOtoesi Work.and shall be complied pith in:all tespects: 6.24, .A preliminary schedule of Shop!Drawing.submissions;and -- • 623. 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 rtiajr include twenties'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'tern of.work which will be.confirmed in'writing by Contractor at the time of submistion, If requested by the City, Contractor shall provide additional breakdowns as to any line item,to show labor;equipment,materials and oetheactand 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 r Consultant and others as deemed appropriate by Contract Adininistrator. will be.held to discuss schedules to diScussifroPediireS'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 6:1;6; Within five (5) days from the.Project Initiation'bate 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 ttheddes subMitted. Within ten(10)days after the Project Initiation Date set fOrth;in'Nbtice to Proceed,, the'Contractor shall revise the.original,schedule submittal to address all review comments from the CPM review conference and resubmit for :revlew. 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 d.workable,arrangertent forPrOCesSing,thesubMitsibn$. The finalized schedule of Oyes mustbe accePtable.to Consultant as Isa forrnand!ubstane. 0.3. RecOvery Schechile. .63.1, If Contractor's Work; Or.any.portion of the Work, 'becomes more than (50) days behind schedule, if the Work on any critical path iteM•Ot.activity delineated in the Project Schedule is delayed for a Period which exceeds 5/0 of the days remaining until a.completion deadline for an item in the Project Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project :Schedule,the City may notify Contractor of same,and in:such case,:the Contractor shall submit a proposed recovery plan to regain lost schedule progress and to achieve any Project milestones, Substantial Completion,and Final Completion in accordance Vith.,the Contract Documents(Recovery Schedule!),after taking into account.Excusable'belays.(as,hereinafter defined) and Permitted extensions of the Project for 78 ii General'Conci1lionsilor Conslruclion Conlrocl (April 13;202.611 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFS6D review and acceptance within sevek(7)days f011Owing-notification,fern the City;soAS to entire:Contractor. makestp lost tithe. 0.2, City shall notify Contractor within:five (5) business days after receipt of each Recovery ,Schedule,:whether the Recovery'Schedule is deemed accepted or rejected Within;five (5).business days after Citys rejection of any IRecoVery' ched0le, Contractor will resubmit,a revised Recovery Schedule incorporating Citys Comment.;If the City accepts Contractors Recovery Schedule, Contractor shall,within .five(5).business days after City's acceptance,incorporate and fully include the.Recovery Schedule into the Project Schedule and deliver saineto 64.3. If the Contractorfails 10 provide An acceptable Recovery$chedule,as cietermined.by City in its:sole discretiOn; that demonstrates Contractor's.ability.to timely follow the Project Schedule, the City may;without prejudice to any Oen rights and remedies available to the City hereunder or otherwise declare an Event of'Default or order the-Contractortb,ernploy;suCh extraordinary measures,including acceleration of the Work,and Othermeasures,including substantially increasing manpower and/or necessary equipment, 'as'.may be necessary to bring be Work into conformity with Project Schedule. 6.4.. Substantial Cofitletion. As a-condition of Substantial CtiMpletiort,all'of theicillowing,MuStiitcur, 6,44. iJ Work affecting the operability of the Prdject or safety has been completed in aCcordance With.'the Contract bOcurnenti; 642: If applicable;all pre,cominittioning:actiVities,including alignment;balancing,lubrication and litstAll;have been completed; 6,4.3: The Work may be operated within manufacturers',redornrnetided tirnite (with Ali 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 wifhout damage to the Work Or to,theProje0: 6.4.4. Contractor has corrected all defects,defiCiencies end/Or ditCrepanCiet to the entire Work es identified,by the-City:or the Consultant; and the Consultant confirms such corrections have been made in writing; 646. The most recent updated set of"as-builr.drawingsleffebting the.Pregrest Of the Work through Substantial Completion(in.native file format,such as autoCAD.);, 6,4,6. When Contractor believes it has achieved Completion.,Contractor shall requett 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.inPitt and comment by the.City and the Qqnsultant, Once the'veliminaryPonCh List is submitted to. the City, the City.and its representatives shall Then'schedule a walk-through.of the Project with Contractor and the Consultahl. 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 itets 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"), Providedyhouveyer, that failure to include any items-on 19 1:Gepdrai Conditions ifrorisUuctiot Conlracis'April 131 2o2Q1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ' such Substantial COMpletion Punch Litt dOes not alter the responsibility,of the Contractor to complete all. Work in accordance withtheContract OoCuments;and 6.10. Anyend'ell appOrtenances, utilities; transportation arterietand.any"other items required Under the Contract Documents and necessary to serve that portion of theWorksare sufficiently completed,a temporary certificate of completion or Certificate of Occupancy,as applicable,is issuedfortlieWork.for'whith: :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 interferenCefrom-anyincomplete,or improperly completed items Of Work; 6.4.13. With respect to any Project for which-a right-Olway permit is reOuiredfrorn the City's PUbtic Works Department or which includes a final lift of asphalt as part of Work; in no event shall Substantial Completion occur prior to the final lift of asphalt and acceptance•thereof by the agencies having jurisdiction Withoutlitnitation,the-Citys-Public Works:Departnent)- Ceftificate of Substantial Completion Any.deterMination,by the Consultant and the Contractor of Substantial Completion shalt not be binding on the'City, and the ultimate determination of Substantial Completion Shelf rest with the City.and shall be evidenced by the.City's:executing and returning to.the ContractOr its Certificate of Substantial Completion(OrPartial Substantial Completion,as applicable). 6.6.1.. Menthe City,on the basis.of an'inspection;detettnineathattheVerk-or designated pottiOn'thetecif is substantially complete, and when the Contractor has complied with all other conditions precedent to :Substantial Completion provided for fn the other Contract Documents;the City will then prepare a Certificate .of Substantial ICompletion :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 insurante,,,andShall'fiX the:time:Within which the Contractor shall complete theitems.liated 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 ternporaryCertificate.of occupancy or certificate of completion,as iriplicable,,City.may include such additional conditions„as it deems appropriate to protect its. interests pending substantial icompletion of the. entire'Project or issuance:of a'permanent certificate of otcuPon Or certificate of OoMPletion,.asepplicable. .6;51. The City Shall.nat.6nreasonably 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 and theCity shall not execute aCeitifiCate of Substantial Completion until allot the criterie,for achieving Substantial Completion as identified in the Contract Documents'have:been satisfied,and the case of a portion.of the Project,the conditions set forth this Article 6 relating,to Partial :Substantial CoMpletiOnehall have beenettiSfied Partial Substantial Completion. Partial Substantial Completion of the Work shall'occur when the City determines that a portion of the Work,as*definedin 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 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 9f Partial Substantial Completion is being 20 1 Ge.nefor Condyions1.0 COnslruclion ConlrocIs'April 1:3; 2020), DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D sought; 61.2. Such portion and.any and all,appurtenances, utilities;transportation.:arteriesand•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 Certificate Occupancy,as applicable, Is issued for the portion of the.Work for which a 'Certificate:of Partial Substantial .Completion:is,beings sought andlor all conditions or requirements of authorities having jurisdiction are complied with;to permitthe Cityto utilize and occupy that .portion for its intended; use in accordance with the Contract'Documents without rhttenal. ihterferencefrorn any incomplete or irmproperly,completed items of Work;: 6.6;3, The'City IS fully'able-to.use and occupy,the portion of the Work tit-the.purp_oses intended and the Contractor separates-the.portion of the Work which is Substantially Complete: rorn non=complete_areas.of .the. Project,in order to prevent noise,!dust-and other construction disturbances which would materially Interfere with use of such portion,for its intended use in accordance with-the Contract`Documents and to. as`surethe safety of those.entering;exiting and.occupying'the Substantially'Completed,portion of theWork;. 6:6A: 'Partial Substantial.:Completionr shall not constitute Final Completion of the.'.Work.or Substantial -Conp'letion'of the Project,nor shall if 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 of.Partia(Substantial Compieliion. 6:7.. Liquidated:Damages. 6,7.1. :Upon failure.of,Contractor ta,achieve.Substantial Completion within the time,period_specified in the .Invitation to Bid.Summary for Substantial Completion,as such date maybe: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,afterthe:time specified in the Invitation to Bid Summary for .Substantial.Completion, plus any;approved time extensions,,for'SubstantialCompletion, Partial Su_bstantial Completion,.shall.not relieve Contractor of.any responsibility. for Liquidated Damages for'failure to timely achieve.Substantial.Compietiioni. 6.7.2, After Substantial Completion Is'achieved,.should.Contractor,fail.to complete,the,remaining Work within the time specked in the Invitation to BidSummary'for Final•Cohipletiort,.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 Com,pletion,,plus'any approved extensions. 6:7.3'. :Contractoragrees that.the.Liquidated.Damages set forth herein.ore 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 includes 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,Genejor Condllions-ior ConsIrucli n Coniracls(April 13; 2020p DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The.aboveltated liquidated damages Shalt applY:separately to eichportion Of the Project for which afirrie for completion is,giverv,City is authorized to:deduct liquidated damages from monies due to Contractor for ;the Work under this Contract or as much thereof as may,in its sole discretion,deem just and reasonable: Liquidated Damagesahallapply;:whether or not the City terminates Contractor for cause and whether or not Suretycompletes the Project afters Default by.Contractor. Liquidated Damages shall apply solely to claims arising from delayiin 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'Stiability.under.any other provision of the COntraCtor Documents for other events not specifically; referenced in this Article 6'. 'Liquidated Damages; shalt not liquidate Cbntractor's liability under the indenrificatiOn provisions of this Agreerfient. 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 nity be provided by the Contract Documents, including, without limitation, any additional design fees that may be due to the Conskiltant;related thereto: All such Oosts,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 Contractors agreement herein that such amounts;are fair and reasonable, Contractor Shall not be relieved of ilsobligationatOtheCity for the actual damages resulting from the failure 'to firmly achieve Substantial completion or Final Completion in accordance with the requirenier0 of the :Contract Documents. Without limiting the foregoing,City and Contractor covenant notto'bring any action in acburt of competent jurisdiction that would ask the court to rule.that the Liquidated Damages amounts are not,fair and reasonable 0.81% ,Senefidial.Occupaticy. Beneficial'Ocoupncy,shall:OtOur when.the City determines that a portion _ Of the WOrk,may be occOPlect prior to Substantial COmpletion.. City May take Beneficial Occupancy In accOrdanCe.With the provisions Of the Contract DOcurnenta. 6:8:14, Odor tothe.antibipated date 0.13eneficial,occupancy,.'Contractim shall!separate.the portion Otte 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 intended use in accordance vith•the Contract Documents and taissutethe safety of those'entering1.exiting and occupYing, :the Completed portion to be ocouPied. aetleficial.Occupancy shall not constitute Substantial Completion or,Fiftal Completion of the Work, nor bhal I:it-teligve.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.$. After Beneficial Occupancy andas 0OnditionsOfSubatantial 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 end 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 occUpieO. 22-f General'Conditions-fix COnsItuction Contracts(April 1'3',2020: DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Contractor'S insurance on.the unoccupied or Unused'portion'orPortions of the Project Site Shall not' be canceled prleptedOn account of such Beneficial Occupancy. 6.8.5. Contractor shall be responsible to'Maintain all services to areas occupied by the City until Final, Completion., 6.9.% 'Filial Completion. Final,Completion dine Project shall be deemed;to have occurred if all the following heve:occurfed: 6;9.1.. Substantial Completion'of the entire Prpject haeoccUrted; 6.12. The Work can be used and Operated in acOordance With ApPlicable.Laws bearingon the perfertrianCe Of the.Work and applicable'permits; All'spare:pada,, speciaitools,and attic stock purchased-by Contractor:as.part of vendor supplies Shall,have beehdeliveredtoCity and Clear of eliPens; 6.9.4: Items on the Substahtial Completion Punch List Shall;have been completed by Contractor to City's. satisfaction,and all final inspections have been performed; 6.15, Contractor has satisfied the additional 'conditient. prescribed by.the City in.conjunction with a Certificate.Or Substantial Completion issued on the basis of partial,completion of the Project, Or a-partial or tempprery:,:CertifiCateOfOccupancy or7Oertifitate.otCOmpletiph;as applicable; 69 6 :Contractor has delivered evidence lobe,City that all permits that are Contractor'S responsibilities es'Specified under'the COntract.Documents have ;been:satisfied,and'closed,. and ;that.a Certificate'of Completion or Certificate of Occupancy(as has been issued by the authority having jurisdiction, and the Project or designated portion thereof js..Sufficiently`completein"accordance With the Contract. bocUMents-..and,can be used foit$.intendectpurpose for uninterrupted operation,including,without limitation, •acceptance of-completedes,bUilts,,if reouieed.by the agency,having jurisdiction 6.9.7, Contractor shall haveprovided to City final releases and complete and unconditional waivers of liens .fOr ail Work performed by Contractor and each,Subcontractor or Suppliers,and Consent of Surety to Final `P'aynient; Contractorshali 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 SOpport and/or stihstantiak.suCti Claims; . . 6.99. Contractor OM!'have delivered to the City a Written assignment ofall werrenties-orguaranties which Contiactor receiVedfrOm.SUbcontradois Or Supiilierslo the extent:Contractor is obligated to ab ko; 611.10, Contractor shall have'delivered to Oity.acotnfildte set of as-built documents and,Project Records preparedirt accordance With the ContractDocuments; 23 1Ge,nerof Conditions Tot COnslruclion Conlracl. (April T•3; 2o2gp DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D :Contractorhas delivered City;all other submittals,required by the ContractDocuments,Including. all,installation instructions,operations and maintenance manuals or instructions for equipment furnished by Contractor,catalogs,product data sheets for..all materiais_fumished by Contractor andsimilarinformation; 6.9.12; All rubbish and debris have been removed'from the Project Site;and 6.9.13. All Construction aids,.equipment>and.materielshave,been removed from the'ProjectSite. 6 9.14; Contractor has delivered to the City all executed watranties and guarantees-requiired.bYthe'Contract Documents;all of which Shali.be in,thei name of the City.and run to the beneft.of the.City; 6,9:I5. If applicable, certificates.of,insurance indicating that any insurance required'of the Contractor or Subcontrastorstiythe Contract bocuments shall remain in'full force and effect for the required.period'of.tiime Any Other documentation_ establishing ;payment:or satisfaction of`obligations, including receipts, releases end final waivers of lien from the Contractor and all Subcontractors;to'the.extent and in such-forth as-maybe reasonably required by the City; 6.9:17. Final,Completion is a condition-precedent to City's final payment tpContractor and issuance of the Final Certificate for Payment.. Final'payment shall be•made only,after the City Manager or hisdesignee has. reviewed`.a written evaluation Of the performance of Contractor prepared by the Contract Administrator,and' approved the finalpayment. 6418. Waiver.of Claims. The release by:the City and acceptance of the final',payment'by Contractor shalt;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, relatingato 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 th'ose Claims Ikabilities, 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 andlor'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,forinspecting,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 suppliersfor,properly inspecting materials,equipment and Work,and shall furnish them with full information as to the progress of.the Work in its various parts. 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 approvallis to be made by an'authority other than 24 1,Generat Condi►ions.ror Consiruclion Conlydds(April ..13;20201, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D City,timely notice,shaii be:given of the date fixed forsucti testing: Testing shall be maderproinptly,.end, where practicable, at the source of supply, if any.ofIhe.Work should be covered up without approval consent of Consultant,it Must,'if required'by Consultant,be uncovered.for examination and properly restored- at Contractor's expense: 7:3 `Reexamiriatidn.of enyof the~Work rilay.b'e ordered.by Consultant With priorwnttertapprovel by the Contract Administrator,and if so.ordered,the'Work must be uncovered by Contractor ;If such Work isfound 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. TA Inspectors Shal l,have no authority to perniit,,deviations from;or to relax any.of the provisions of,the Contract'Documents or.tadelay the Contract by failure to inspect the materials.ajid work with reasonable promptness without the written-permission orinstruction of Consultant: 7:5.: The payrnent 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 indirecUy,;is strictly prohibited, and anyauch act on the part of',Contractor will'conatitute 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 reconstwction due.to lack of reasonable prior notice.shell 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 beet Contractorssole 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 of the dates and timesof the inspections,tests or other approvals: The Contractor shall schedule;direct and/or:review the services, oforihe reports and/or findings of surveyors, environmental consultants and ,testing .and;'inspection agents: engaged, by the. City. All, Materials .and Equipmentfurnishecf 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.. Defective or Non-Conforming;Work. 7.7.1. .Consultant and City shall have the authoritytO 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 shell bear.all-direct, 'indirect,and consequential costs:of such remoyal 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,m'accordance with the requirements.of the Contract Documents within the time,indicated in writing 251 Gene of Conditions lot Conslrucligri ConlracIs(April 13, 20201 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D by Consultant,City Shall:have the authority to Causathe defective worktty removed or corrected,:or Make such repairs aS,Maybe.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 be event of failure of Contractor to make -all neCessary repairs proMptly and fully,City May deCiarecontimOtor in:default 71:3. 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 anyapplicable special warranty required by the Contract Documents,:or by any specific provision of the Contract Documents,any of the Work is found.ttibedefective.Or not in accordance withtheCOntract 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, :tontiactors. warranty obligations hereof and any claim regarding latent defects_ 1.7.4. FailUre(6,1-eject:any.defettiVe wark'et,Material Shall nett anyway prevent later rejection.WhensUch defect is:Clicovered,Or obligate Cits(to final acceptance. TX: Cleaning Up,'Citv'6 Right to Clean 1.10:Coriti.actO.shall-atall 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 wage materiels:and-rubbish from,and about the Project as well as its 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.pp;City may clean up and charge the cost thereof to the contractors responsible :therefore as Consultant shall determine:to be just. ARTICLES.. SAFETY AND PROTECTION OF PROPERTY. Contractor shall be Saleiy:responsible for initiating,Maintaining and superviSing all:safety Precautions and programs.in.connection with the.Project ContractorShali take all necessary precautions for the safety Of,and shall prOVide.the necessary protection to prevent-dernage,injury or loss to:: 8.1.1. All.eniplOyeeson.the work-site and other PersonswhO May:b.eaffected.thereby; All.thework and all materials equipment to be incorporated therein,whetherin storage on ot Off the Orcijeci Site and 8.1.3., 'Other :ptoperty at the ,Project:.Site .0t:adjacent thetet%.,including trees, :Shrubs, lawns, Walks, .'pavements; roadways;structures and utilities not designated for removal, relocation or replacement in the couraeof teriatructiOn. ContractOrshall.compIy,with all Applicable.LaWSfor the safety of persons or property or to protect tern.from.damage,injury or loss,and shall erect and maintain necessary safeguards for such safety and protection; City and..Contractorshalt notify owners of adjacent property and Utilities when prosecution of the. Work May affectthem. 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 . 20'1;GonerpI Conditions Consfructior onlrocIs(Apr i'3;2020) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D :duties.and responsibilitiesforthe safety-and protection of-the work shall continue until such:tirne:as ali"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. Th'is.person shall be Contractor's-Construction Superintendent;unless. otherwise designated in writing'by Contractor to.City. 8:4 contractor's Responsibility forDamacles 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, :Conlractor'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,.dam aged or deatroyed prior to final acceptance by City,Confractorshall replace same Without cost,to.;City,. 8:5. Occupationai HealthVand.Safety. 8:5.1 In compliance with(Chapter 442,Florida Statutes,any toxic substance listed in Section38F-41:03 of the.Florida'Administrative=Code delivered:as a result of this bid,must be.accompanied,by a a Material,S'afety Data Sheet(MSDS)which maybe;obtained from;the.manufacturer,"The.MSDS.Imust include the following. 'information; .a.. The.chemical name and the common name of the toxic substance.. b. The:hazards or,otherrisks..in the,use.ofthetoxc.substance,including: .:i, The potential for fre;explosion,corrosion; and reaction;; ii. The known acute:and chronic health effects of risks from.exposure;'including the,.medical conditiont which,are.generally recognized as being.aggravated by exposure:to the•toxic, :substance;and ill, The-Ornery routes of entry and symptoms,of overexposure, The,proper precautions,handling'practices,necessary personal protective equipment,and other safety precautions in the:use of or:exposure to the toxic substances, including appropriata. emergency treatment in dose of overexposure. d,. The.emergenoy procedure.forspill&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 readingthis information. The yearend month,if available;thatthe information was compiled and the name,address;and emergency telephone number'of'the manufacturer responsible for.preparing the information., 27'l'Genejar Conditions 10 Conslrucliori ConIracls(April 1'3; 202,0). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D :Hurricane.andTropicaLStorm_: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,stormialert,the Contractor, l..no*cost toJhe City,,shall take all precautions ,necessary to secure the Project.Site in response to,all,threatened.storm events, tegardless.bf whether the. Cityor Consultant has:given notice:of samee. 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 teem!,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'ssupervisors,,including all.land lines, and cell phones, to be used.for emergency purposes,only; (34 'ensuring the project jobsite's. equipment:and buildings•':are protected, identifying vulnerable work in,progress and determining;how to best protectit from damage,and capping all incomplete piping to prevent sand filtration; (4):clearling,the entire project, inside and out,,removing trash from,the:job site;:clearing;all materiels:'that can become airborne, venfying 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 bamcades,.and(6) the documenting of conditions of'the,project and the.surrounding:area .before:,and after the incident (photographs;and video), Contractor shall 'be :solely responsible .for.ali, 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 Hurncane�PreParedness Plan relating,.to_humcane'warning .or tropical alert at the Project Site will be addressed by a Change Order in accordance with theCentred.- Oecumenic,. Suspensiodof the"Work caused by a threatened or actual storm;event, regardless of whether the 'City has directed such suspension,Will entitlethe Contractor to,additional Contract Time as noncompensable; .excusable.delay;and•shall.not_give rise toe claim for campensable delay;, 8:6.6. Within ten'(10j,calendar days.after-the Project Initiation Date specified in the.Notice,to Proceed; Contractor shall submit to the.City&Hurricane'Preparedness Plan: 8:7. Locationand,Damage to Existing Facilities,Equipment ortftilities. 8.7.1. .As far as:;possible;'all existing .utility lines.in the Project area•have been shown on the: plans:. However,City not guarantee that ail lines are shown,or:that,the.ones•indicated.are"in theirtrue 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:te plans: 8.7.2. The Contractor shall notify.each utility company'involved at least ten(10)days prior tdthe 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 l Gqnefoi Condiiions•Ibreonslrucliori Conlydcts(April 13; 20,20); DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D utilities for the convenience Of theContractor Shall be paid bythe Contractor:. All,chargesby utilitycompanies for temporary support of its utilities shall be.paid for by the:Contractor(forutilities.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 ottherlines; 8.7:3. If"Contractor, as;part of its responsibility;to identify all utility..lines,.ident es 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 e in:Articl i O.shall apply. 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:Workis not delayed'by the utility. providers relocating or supporting their utilities:The'Contractor shall:coordinate its activities with any end all, public and private utility providers;occupying the right-of-:way. No compensation will be paid to the Contractor for any loss:of time ordelay,except:as provided in Article 1.0 of the.Contract Documents: ▪ .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,makesuch 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 bereplaced orfully.repaired. Ali;repairs are to be"inspected by the utility'Omer prior.to.backfilling.. ▪ Risk.of:Loss. The risk of loss to any of'.the'Work.and tri 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 toth'e City,,the.Contractor shall:repairaor replace the same at its sole cost ThePerformance Bond and,Payment Bond or other security or:insurance protection required by the•Contract Documents or otherwise provided by,the City or the'Contractorshall in no way limit the responsibility of.the Contractor under this Section. ARTICLE 9.. BONDS,INSURANCEAND INDEMNITY^ 9.1. Performance Bond and Payment Bond:The Contractor shall,within ten(10)business days Of the Contract Date, furnish and:deliver they 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 equalto.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.. ?9('Generoi Condilions•for Conslrucliori Contracts(April I`3; 2029l DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The Petrol:Mance iBond 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 inthe form'attached hereto or shall'otherwise*acceptable to the City in its,reasonable.discretion.If any" of the sureties;on the Performance Bond andPayment Bondat any time'fails,to Meet said;requirements,:or is deemed to be insufficient securityforthe penalty of said bond,then.the City.may;Orr giving'thirty'(30)days' notice thereof in'wnting; require the Contractor.to furnish a new andlor additional bonds) in the above, amounts with=such sureties thereon-being licensed 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:thiis Article as part. of the Contract Price. 'Pursuant..to the requirements of,Section'255;05(1)(a); Florida-Statutes,as may be amended front:time to time, Contractor shall ensue that.the bond(s) referenced above shall be:recorded in:the public:records of Miami-Dade County and''provide:City.with evidencebfsuch recording. 9:2. Alternate Form of_Security:;In lieu Oa Performance Bond and-a-Payment Bond,,Contractor'may ;furnish elternate'formsbfsecurity:whicf 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 begin accordance with.Section :255.05,'Florida Statutes:'Such_alternate forms.of securityshall:be subjectto•the poor 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:aid'Bonds, Performance Bonds and:Payment.:Bonds over Five Hundred Thousand Dollars($500000:00):. 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'operationfor at least five(5)years 9.3:2. The suretycor panyshall 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.ordertorqualify, 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 Circular297;revised 'September•1, 1975 (31 DFR'Section 22310',.'Section 223111). 'Further;the surety company shall provide .City with evidence satisfactory to City;that such excess risk has bean 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:Citymay besubstitutedby'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 +holders Size Amountof•Bond Ratings Category 30'(GeneJol Condilionsaor•Conslruclion Contracts lApril 1.3; 202% DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-56OC4E7DFB6D ;500ji0i tOlt000,000, 'B+ CIast,I 100%001 to2000,000 =2,000,001 tO5,00,0,000 Claastil 5;000,001 to luDoipoo ,A ClaSs'IV 10,000,00I to 25,000,000 A olosa4V. =26,000,001.1Q50,00000: .A Class VI, 50;000001 or more A. Class VII. 93 44. For prOjettt'Of$500,000:00 or Tess,City may aOcePt-eBid Bond, PerformanCe Bond and Payrnent, Bond from a surety company which has,twice the minimum surplus and capital required by the,Florida, Insurance Lode at the the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida InsuranoeCode,and if the surety company pads a currently valid certificate Of authority issued by the United States Department of Treasury under Section 9304 to 9300 of Title 31 of the United States Code,as may be amended from time to time The Certificate and Affidavit so certifying_ should be 4113mitteci.with the Bid Bond arealso with the!Perromience Bond'and Paymentliond. .9:3.5. Uhless 'rnOre stringent,surety:irequirement : Of any grantor egency are set forth within:the Supplemental ConditiOris;the,provisions of this Arlide ahall apply. '94 Insurance Requirements.The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755,Metidiah Avenuei3r.d Floor,Miami,Florida 33139,Certificate(p).of Insurance which indicate that Insurance coverage:has been obtained which meets.the requirements.set forth in the Invitation to Bid 'Summary-(andfor exhibits thereto).. 9.4.1. Additional Insured Status The City of Miami'Beach must be covered as an additional insured with respect to:liability arisingainutofwprkor operations perfOrmed by or on behalf of the Consultant 9.41 Waiver of Stibrogation.Contractor hereby grants to'City Of Miami Beach a waiverbtany.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 inautance.Contractor agrees to obtain any endorsement.that may 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; .For any claims related to:thia-project,'the Contractor's coverage ahall be priniaryinsUraticeas respects the City.of Miami Beach, its officials, officers, employees,.and,voluhteers._Any insurance or self Maintained.by the City'of Miami Beach shall= excess of the ContraCtOS insurarice,and Shall not contribute with it. ;Each policy required by this clause shall'provide that coverage shall not be except, with notice to the City of Miami Beath. c, :If any excavation work is included in the Contract,it is understood and agreedbatContractor'S •Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage If any coverage.required.it viritten on a claims-made forrn! The retroactive'date, must be shown, and must be before the date of the contract.pr the' 31 r General Condilions.tor COnsIsuclion Conlrads(April F3 202,01. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D .teginning of contract work.: b: Insurance must be mainteinedand evidence.of insurance must be provided for atieaStfiVe(5), yeareeftercOmpletiOn'of the,ceYitrattpf wOrk,' a. If coverage is canceled Or nOn.:teneWed, arid ribt replaced With anOther claims-made polity form with a.retroactive date prior to the contract effective date,the Contractor must purchase 'extended,period coverage for eininiinum of five0years after completion ofthe contract •d A copy of the glairris'reporting,requiretnents 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: identifiCationi. remediation, the 'Contractors"Pollution:LjabilityAhall not coritajri lead-based paint or asbestos exclusiOns if the ...services involve moldldentikationiremediation, the Contractors Pollution-Liability shall"riot" contain:4 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 KM..pests rating ano,leSs than A:V.II;unless otherwise acceptable to the City ofVfiami PeacliRisk Manegernent Office: of Coverage: .COtitibatar. shall ,provide the requited 'mutate cettifiCates; endorsements or,applicable,policy l4liguage..effedting.cOverege:required,by this Article certificates Of :insurance and endorsements are to'befeceived 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 reqUiredbythese Specit.cations,at any time; 946 Special Riiki:or.CitOumstancit.The City of Miami Peach:reserves the right to modify theSe. reoUirernentkinaluOinglimitsybased on the nature of the risk,prior experience,insurer,coverage,or other special.circumstances. Certificate,Holder; CITY OrMIAMI BEACH 'do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER.DRIVE, WAN BEACH,R..33139 Compliance with the foregoing requirements shall not relieVe the vendor of his-liability and obligatien under this sectiOn or u.nder any,other provision of the Contract DOCumenta. 15. Indemnification. 9.5.1. In consideration of the sum Of Twenty,FiVe Dollars (R5.Q0) .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;frorn..:liabilities,.damages, losses and costs in.cluding, but.not linfited to,-reasonable attorney's 32 II.Generof CondlliOns(Or Construction Coniracls(April 1.3;20201: DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D fees,to the Went caused b the n.eglidence„recklessness,.or intentional Wron9fik rnitdbndu'Ct.Of Contractor and persons trnploked Or utilized'by Contractor in tho perfarniance Of thiSContract. 9.52. 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 ptirtUant.toithis-ArtiCie shall riot be subject to payment of Interest,bytity.. `9.5.3, The execution of this:Contract by'OantractOr shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents andlor Contract Documents for the Project and the Monetary limitation on indemnification in this,Artitle.,bears a reasonable,comMerdial relationship to.the Contract Nothing in this Artiice is intended, or should be construed,to negate,.abridge or otherwise reduce the:other rights and obligationsafindempity that may otherwise exist as to a party clescribedin this ArtiCle. 0:5.5; Nothing in this Article is intended.to:create.in,the public or any'member thereof,a third party ,beneficiary hereunder, or fo,authari*anyone not a party to this Contract, to.Maintairra suit for personal injuries orpropetty daMage pursuant to the terms or provisions of this,Crintradt., °9.5:k The indemnification obligations Set forth'herein shall survive the and/Or ekkationni.this Contract.. ARTICLE 10..-;CHANGES)N THE WORK; EXTENSIONS TO THE CONTRACT TIME. Changes in the Worker:Tents atContract Doiumente. 10,1.1. Without inValidating the Contract andVithout notilcato any surety City reserVes and shall have the right,from time to time to makasuctvindreases;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 mat be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change'Orders. 10.1.2. .Any changes to the terms i of Contract Documents must be contained in a Change Order, executed by 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. Fteldtrders. 10.2.1. The Contract Administrator, through Consultant, shall have the Tight to approve and issue Field Drdere,setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution,providing the Field Order involves no charige in the Contradt Price or the Contract 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 no4hange in,the Contract Price or the Contract Time. I,Genejoi Conditions(or Construction Contracts(April 13; 20,201. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 10.3. Change Orders.. 0..1,11. Changes in theValititY'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,..6rthetentract Time, shall only be authorized only by Change Orders approved in advance by the City. Changes in the. Work shall be performed *Doable provisions of the Contract Documents,and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or,ConstruCtiOnChange Directive. No Change Order shall take effect,until Contractor delivers a-PonOent of Surety increasing the Performance Bond,and iaymentgond thesamotirit Of the Change,Order:. 10.3.2. All Change Orders which exceed the then remaining amounts available in the Owner's Contingency shall be approve:1'0y the CityCoirtmiSsion.-. other Change Orders, if funded by then-remaining amounts available in the Owner's'Contingency, shall be approved.in achiance,by the City.Manager or the City Manager's designee.. l‘tOtWithstandingtheforegOing, the City Manager,,at his or her sole discretion-, may elect to preSent anY;proposed`Change Order to.theCityCOmMisSion fotitsdontidaration.. 10;3.3. If City requests a change in-tlieWOrKtity-shall submit a change request to Contractor,in writing: Within Seven.(7)1 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 tity't initial request,the Contractor shall submit a detailed proposal te the City stating:(i)the,proposed increase or decrease,if any;in the Cost of the Work which Would result from a change, (if)the effect, if,any,.upon.the Contract TiMebyrreison,of such proposed change,,and PO:supporting data and documentation-, including.any requested by the City in its change request. itE3.4. If the Contractor prOpOses.a change in the Work, such proposal, must be.accompanied by a detailed cost breakdown and sufficient substantiating datalo-perMitevaluation by the City.If the Contractor does'submit a proposal within the.preceding seven.(7).tusinees:'daylime.period,the City shall, within twenty-one(21),days folipWing 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 shalt execute a Change Order which at a minimum specifies i)the detailed scope associated with the change to the WW1')the amount of adjustment in the Contract Price,'if any,anikiii)the extent of the adjustment in the Contract Time, if any.. 16.the.event`the City disagrees with the Contractors proposal,'the City may either(i).notify the Contractor that the City has clecided to not proceed with or approve the requested change, or (ii) issue a Changer .Order as preirideilbelpw. 10:3,5. The increase or.decrease in the Contract Price resulting from a-.change in the Work shall be deterniiried in.one or more Of the-following ways:' a. by mutual acceptance of a lump sum firiCluSive Of altOverhead and profit)properly iterniied and supported by sufficientsubStantiating data to perniitevaluation by the Consultant and City; b . Ilteunif prices as may.be:speCified in'the Contract Decurnents or subsequently agreed:upon; O. by time and Materials or"cost of the Work" (as defined herein),and a mutually acceptable fixed.Or percentage overhead and profit fee for th&Contractor. 34 r•Geperar Condition0;or ConsItudion C.onlrods lApdlE3:20201 DocuSign Envelope ID:3F8AE000-9CA3-4912-13C7F-560C4E7DFB6D 10.3.6 If none ofthe Methods setforth•above are agreed upon,the Contractor,:provided it receives,a vrritfeni 'Change Order.signed by the;city with:respect to ali,undisputed amounts and 7Work, shall promptly proceed :with the Work involved, subject to Contractors reservation of rights as.(ta 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 times ought Contractor),.The costof'such Work shall:then. be determined on the basis ofEthe reasonable expenditures and savings:.of those.performing the Work attributetto the change, including,a reasonable overhead and profit in accordance with;this Article.'With respect,to anny:such Change Order Work,.the'City,with the Consultant,will establish an estimated cost of the Workand the Contractor shall,not perform any Work whose cost exceeds that estimate without prior written approval by the,City..With respectto all Change Orders,Contractor shall keep and present;In such term.as. the:City may prescribe,an itemized together with appropriate supporting data of the increase in 'the Cost of the Work. 10:3.T. If.unit"prices.are included in the,Contract Documents-ores part of any'ChangeOrder,•Cityshali'pay tO.Contractorthe amounts determined for the total number ofeach 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 ari 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:workas directed Shall be paid for the actual quantity of such items)of work performed at the.appropriate-original;schedule of prices.bid.associated.with such Work; 10.3.8. Decreases*the Cost of the'Work due to•echangein the-Project,shall result in a decrease to the .Contract Pride, by way of a:deductivE Change:Order., 1.0.19', The'Contractor`s overhead,sand,profit.fee.for*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 profit markup or fee.?shall be asfoliow's:. (1) if the Change Order Work:involves self-.performed Work performed'.by the.Contractor's..own forces,the overhead arid profit markup shall.be reasonable,,and shall not exceed ten percent,(1,0%g)of the net changelli 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$.uppliers'at all tiers shall not exceed ten percent 10%of the net change in the Contract Price,and:the 'Contractor's markup for-such Subcontractor performed Change Order Work shall notexceedseven and one :half percent,(7:5%)df The net change inthe Contract Price. For deductive Change Orders;,including deductive,Change Orderearising;from both additiue.and;deductive items,the deductive amounts shall.include a proportionate corresponding reduction in:the,overhead and profit. fee;as applicable to the Coritraetor,,$ubcontractors orSuppliers., 10.4: Value,of Change'Order Workl"Costs of the Work". The term"cost of the Work"means the sum: of: 35.j Gencaro1 Conditions Tor Construction contracts(Aprry T3; 202Q DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ,All direct costs necessarily inclined and.paid.:byContractor'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.npt include any'of the.costs.itemizedin 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 employedifull time on the'work covered by the .Change Order shall be apportioned on the basis of their spent on the work. Payroll costs shall.include, but hot 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 vacation and holiday payvacation and,holidayipalr application:thereto. .Such employees shall include superntendents.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 ed by City,Contractor's fee shall not exceed ten Percent(10%0),; ':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 sale of surplus materials and equipment shall accrue Ito: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 usethereof 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 .00%)of the net dhange in the'Contract Price,, '10.4A. Payments made by Contractor toSubcontractorsforworkperformed by Subcontractors. If required .by.City,'Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliversuch 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%0),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%0). • 10.4.5. .Contractor shall not be entitled to an.overhead'and profit markup,orfee for anyvChange Order involving special consultants,'including,.but not limited.to;.engineers, architects; testing laboratories; and surveyorsemployed.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: 3Q l;General Condilions•Tor Conslrucliori Conlracls,(Aprii. (3; 20201 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 w,,oric.. 6.. Cost, :including transportation and maintenance, -of all :materials; .supplies; equipment, machinery, appliances, office and temporary facilities at the site and�hand,tools pat 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: O. Sales; use, or similar taxes related kite 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 calk telephone service at,the site, express delivery services .(FedEx; UPS or,couriers; ,and the dike), :Internet or other :telecommunications services„and similar petty cash:items in,connection'with the Work- g.. ,,Cost of prerriiums 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 theloilewing items,as such items are expressly notao be:re rnbursed: 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- open schedule of job:classifications, all of which are to be,c onsidered;administrative costs covered by'Contractor's fee. b. Expenses of Contractors principal and branch'offces other than Contracto?soffice attheProject Site: c. Any part of Contractor's capital_expenses,including:ntereston Contractor's=capital employed for the.work and charges against Contractor.for:delinquent.payments. -d,. 'Cost Of premiums for all Bonds and Wall insurance:whether or net 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 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 j GeneraT Conditions for Construction Contracts(April 13; 2020) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D (Atom the property may,be entruated, including but not limited tOi..thedorredtion.of defective waric disposal of materials or equipment wrongly supplied',and:making good any damage to property f. Other overhead 01'general ex0ense costs,of any kind:and:the Post Of any ited not',specifically 401.eXPreSSIY 4130fdVed&Y.the city,Igeneger orgity'Corn:mission by Change Order ,Losses and expenses not covered by insurance where the Contractor, or any Subcontractor, failed to obtain.andkir Maintain in effect the insurance required to be,earned by the Contract Documents,Or where Contractor,,or any $0136OntraptOr or Supplier, failed to obtain and/of ,maintain such Insurance:in Rallts:.and amounts required by the'Contrect Documents except to :the eXtentany deductible provided in such.required insurance; h, !Costs and expenses incurred by Contractor upon breach of its warranties or guaranties; 1, :Coats associated with the relocation bfelfiployees,:arA any travel',costs not expressly,permitted by the Contract Documents(including costs for long distance travel,costs fortravel between the 'Project Site eridtheContractors bfOce(s)tand.botek.car tentalend airfare costa); ,Any amounts to be paid by the Contractor fer federal,state or local income or tranchisetaxes; . tabor,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 whomIlie,COntraCtoris respOrisihle; Costs or losses resulting from lost,damaged by misuse or stolen tools and equipment; Costs of bonding or sedUring 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 frort,nonpayment,unless-such:nonpayment is the result of the City's unexcused or wrongful failure to pay the Contractor undisputed amounts es and when due °under the Contractl) currients;• cCoSts.ofself-insured lOSSeS(6glosses 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 Can*by a Contractor or odirect 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 tothe, occurrence or Claim;; o. :Costa Of employee bonuses and executive bonuses whether or not based in vvhola or inprt0n perfarnance'related to the Work; p. Costs. incurred .or paid for recruiting. employees' (whether to third 'party recruiters or 46 employees); q, Severance orsimiler payments On account of terminated.employees; 3 1;Gendjol COndilionslor ConsItuclion Conlracls(April 13r,20201. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D r, 'Costs inCurredetter•the.doritraptore pPliCationfortirial payniert. ai Any otitCide legal fees; t ,'CO.sts.oftnaterialc:aricieqUipMent stored ofPsite,'eXcept upon the priorwritten approval-of the Ccintract Adminietratorin accordance with the Contract Documents. The amount of credit to be allowed Contractor to City for any such change which results a net. decrease in cost,will be the amount of the actual net decrease. When both additions and credits are involved Inanyone dhange,'the combined overhead and profit shall be figured on the basis of the net increace:if any; howeVeti.COntractorshallnot be entitled to dlainflOSt profits for any Work not performed. 10.5. Whenever the cost of any work is to be determined:as defined herein Contractor will submit in a form acceptable to Consultant an itemized coathreakdowntogetherwith the suppoftg,data, •10:7,, Where,the.quantity of any iteinOf the Work that i&covered,by a unit price is increased by more then thirty percent (30%) froter the quantity of such work indicated in theiContradt-Documenta, an appropriate .Change,Order chall be iscued to adjust the unit price,.if warranted: r 1118. Whenever a change in the*ork lito,bedated,On•inUtval acceptance of a lump NM, whether the amount is anadditiOni,credit.Or no.change716-.coat,'Contractor shalistibMitan initial cost estimate acceptable 'to Conitiltant and.Contract•Adrninistrator, 104,1.•Breakdown shaft list the quantities and unit prices formaterials;labor,equipment and other items of cost. 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 inaddordence`With.this Article Challbeiternized separatelY. 108:3. Each.Change Order.must state within the body of the Change.Order Whetherit IS based.upon unit pride,negotiated lurrip•Surtk of`!ctOst Of the Work',...' 119. Nov Damages-for Delay :NO.CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN, EXTENSION OF TIME,SHALL BEMADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN::! Contractor shall not entitled to an indreace,in the bontrecfPrice or payment or compensation of any kind from City for direct, indirecti consequential, impact or other costs; expenses or damages, including but limited to costs of acceleration or.inefficiency, arising because of .delay, disruption, interference or hindrance from any cauee whatsoever, whether such delay, diSruOtiOn,. interference or hindrance be reasonable or',unreasonable, foreseeeble,.Ot'WO:re-Seeable, or avoidable of 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; bed 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 1,2Go6yot Conditions,ilbr Construchoo Cpnirads OW 13;202% DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D •10.9:1. 'Contractor acknowledges and agraes,thatExcuSable:Delay shall not becieerned tO.COnatitUte iillM or intentional interference with the Contractors perforanceoftfieWeik'witheiXclear and corivinaing.proof 'that they were,the:result.of a deliberate act; without any reagonable,and.'gbed!faith bails, and were specifically intended to disrupt the performance of the Work,The'City'S'attempts to,facilitate or assist Contractor in performance of the Work shall in no Way be constriled,interpreted and/On be deemed to: deristitoteWillful or intentional interference:with the Contractersperferrtrarte.of the Work. Except asoroVidecl'herein,-Contractor hereby. Waives all Other rernedies atlawior in,%Oty that it.might otherwise have against the City on account of any Excusable Delay and any:end:all other events that may. 'from time to time,delay the Contractor in the performance of the Work,, Contractor acknoWledgesendagrees. that,except as specified herein,.all:delays or:events and their potential impacts on the petfermance,by the Contractor are specifically contemplated and acknowledged by the Parties in entering into this Agreement and that dentraCtor'epricing.of the Work and the determination of the Contract shall be expressly based on the Contractor's assumption of the risks thereot and Contractor hereby waiyes any and'all Claims it might have,fer any-of the foregoing,losses,costs;damages and expenses. . . . . . _ 10:10: Excusable Delay Contractors sole remedy for Excusable Delay is an extension Of the Contract Time for each day critical path delay,but only if the Pte7reotrisitesand,notide 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)• tould :not reasonably have been mitigated' by'Contractor, including by-re- equencing, reallocating' or redeploying and/or increating,thetamount Of its forceslo.Othetipertions of the Work and (iii) is cooed by circumataridesbeyond the control and due to no fault of COntracter.or its Material persons, Suppliers;or Vendors,inCluding.,but not limited to,force majeure eventesPeh,as fires,floods,labor disputes, epidemics;hurricanes,or'similar everiti beyond the tontrol and due to no fault of the Contractor(Txousable. Delay).. If two or more separate events of Excusable:Delay are concurrent with each:other,.Contra Contractor shall Only be entitled to an extentien,of time fOt each day of such concurrent critical'path delay,and'Contractor .shall not be entitled to double tecoverythareon, For illustration-purposes only,if two.eventSof Excusable Delay are for two days, Contractor shall only receive a time extension of itotal of two days;and not fourdaya. 10.10.1. 'Weather the Contract Time for delays'gamed by the effects of inClemeht weather shall be tublnitteclaa.a request for a change in the.Contract Time purauant to the Contract'Documents. These time extensions are justified only whehrains or other inclement weather conditions prevent Contractor 'from produCtivelyperfOrtning critiaal path actiVitydelineatedinteProject Schedule: (1) OontractO being unable to wprIcat least fifty percent(50%).of the normal workday on critical path activity delineated in the:Project Schedule due to adverse weather conditionk or (2)' Contractor Must.Make,Major repairs to the Work,damaged'by,weather. ProViding.,the damage.was not attributable to a failure to perform orineglect by Contractor,and.providing that Contractor Was unable to work 41pasf fifty percent(50%)of the normal workday on'critical path activity delineated in: the,ProjectSchedule, 10.10.2. :Ccimpentable Excusable:DelaV. Notwithstanding the 'foregoing, ExcirSable 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 thepart of City or its agents,provided however,that in no event shall Contractor General Condilions,lOr•Conslrucliori conIrcicK(April 1:3;20P, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D be compensatedfoi'�(4 interim'delays-which:do not.extend the Contract,Timer,or(y)for Excusable'Delay if caused jointly:or concurrentlyyby,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. j10.10:3: '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 delaythat'could,have been limited.or avoided by Contractor's lirtely 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 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. Invno event shall the Contractor be.excused-for interim delays'.wtich.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 theWork,,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'ExcusableDelay, and•(b) the Contractor has complied with each ,of the following requirements below.to the.reasonable satisfaction,of the.City: `ak .:Contractor shall provide written.noticeto'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.reaadnable.satigadtion of the.Citythat the.actiY ty claimed to have,been delayed was in fact delayedf 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'llnexcusable Delay,the delay was not pie result of the performance of unit price Work,and that the delay:in such.activity will result 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 thathave been orare,going,to be undertaken to overcorne.or remove,the.Excusable.'Delayand'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 the time period in whichlhe: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 General Condilions.for Conslruclion Conlracls!April 1:3; 20201, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D COMPLY WITH ALL REQUIREMENTS AS TO ANY'PARTICULAR EVENTOF DELAY,INCLUDINaTHE 'REQUIREMENTS OF- THIS SECTION, SHALL BE:DEEMED CONCLUSIVELY TO CONSTITUTE A WAVER,.,ABANDONMENT OR RELINQUISHMENT.OF ANY ENTITLEMENT TO,AN EXTENSION 'OF TIME AND ALL'CLAIMS"RESULTING FROM THAT PARTICULAR EVENT CIF PROJECT DELAY. Once the.Parties.have mutually agreed.as to.the'adjustmentin.the Contract Time due.taan excusable:Delay,they, shall enter'into a,Change'Order documenting the same: ,If`the.City and,Contractor cannot resolve a request fortime.extension made,properly and timely under this Section within'sixty(60)days following.Contractors initial noticed,the events giving rise to the request for a:time extension,the may,re-submit the request 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 ari.Excusable.Delay shall occur,'the Contractor shall use all reasonableefforts to overcome orreniove anyany.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,useall reasonable efforts toadjustthe Project.scheduling and the,sequencing and.tuning.of the performance ofthe'Work in a manner that will avoid,.to the extent reasonably practicable;,any Excusable Delay,giving-rise-to an actual extension in thetime for,performance of the Work.. If thereare corresponding costs.associated anyof'the measures which the Contractor deems necessary .or desirable to minimize any adverse effects resulting'from any:Excusable•Delay,the Contractorshall.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 Coritract,'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 identifiedby 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 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 421,Gerieroi Conditions(or Conslruclion Coniracls.(Apri► i r 2Q2()1. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D and,ContraCtor'in'writing, stating the reasons, and such deterMinatibm shall be final and,binding upon the parties hereto. 10.13124 An adjustment for differing site conditions shall not be allowed,and any Claim relating thereto shall be deemed conclusively waived,if the Contractor has 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 diffeting.site-.Candition 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 desCribedin the,Contractor's initial nOticet the City 10A1.3: 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)requiresa change to the Work that increases Contractor's costs and/or impacts the ,critiCal path:for completion of the'Work. 10.13`.4. Where aiteConditiOn§delaythe Abject,and saidAel4 Could have been avoided by,reaSonable, investigations of the Project Site at any time prior to commencement of the Work question,such delay shalt not be considered to be an Excusable Delay beyond the Control Of,the Contractor,'end no time extension Shall be granted No request for an.equitehle.edjustment or change to the Contract Time.for differing''Site COndltions shall be'allowed if rnade after the dateCettifiedas thoSubstentialtortipletion date. CLAikp'ANO,Rp§01. 1tION'OO'DISPUTES. 111 '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 tosubh Claim or within ten(10)days 'after the..claimant,reasonably should have recognized i 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 l'equest. The ,Claim f must include all job records and'other documentation supporting;entitlement, the amounts and time ought, In the event additional time is sought,the Contractor shall include a time impact analysis to support such Claim., The City shall he entitled to request additional job records or documentation to evaluate the Claim: The'palm shall also include the Contractor's written notarized certification of the Claim in accordance with the,PalseClaimsOrdinance,-$ections 70.400'et seck,of the city.code, 11.2 ,'Qlaift not,timelymade 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 Prededent to•entitlement: '113 Contractor assumes ail risks f.orthefollowing items;One of which shallhe 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, oss of productivity on this;or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid„coat to prepare a quote for a,change in the Work,costs to prepare,negotiate orprosecute Claims,and loss of projects not'bid 43 I.General Conditions for Conslruclion Conlracls(April 13;2132q, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D upon,,or any otherindirectand'Oonsequential costs not Wed herein, ;NO comperisatton shall be made for. loss of ontidiPated.ptp*froM any:deleted Work Contibuina the Work Dudek Disputes..Contractor shall party on the Work and adhere to the progress-schedule during,all disputes Ordisegraernents.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 disagteements. Contractors failure to comply with this Section shall c:On-W(4e an EVent of Defablt, ARTICLE12, 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 for the prosecution of the Work undertaken by Contractor pursuant to this Contract Shall.be secured and ;paid for by Contractor,: It is contractors. responsibility to have arid•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 O.Certificate of Competency is required. 12.2 liripact feestevied,by the City and/or Mia*Dade County-shall *Sold by Contractor. Contractor triall be,reimbursed only for the actual-amount of.the impact tee levied by the municipality or.Miami-Dade 'County as evident* :by an invoice or other acceptable' .documentation .issued by the Municipality. 'Reintursement.to Contractor in.no eventshallinclUdeprofit oroverhead.of COntractcir 12.3 fees, royalties, and-claims for any invention; or pretended:Inventions, or patentof any article, material,arrangement,appliance,or method that may be used upon or in any manner be connected withtba construction of:the Work or:appurtenances, are hereby Included:in the:prices.stipulated in Construction ,Poatmlerits for said wOrIc. 1214 TaXes, Contractor shall pay all applicable sales, consumer,.use and other taxes reqUired,by law. :Contractor is responsible reviewing the pertinent state statutes involving estate taxes and complying with altreqUiredents. ARI1CLE 13,TERMINATIOR. .13.1. Ten-Meatier'for COnvenience, in addition t6Other rights the:City May.have.at law and pursuant 16 the Contract Documents With:respectto cancellation and termination of the Contract,the City may,in its sole discretion,-terminate for the,City'a convenience the performance of Work under this Contract in whole or in part,at any time upon whtteiyhotiCe to the'Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Conveniende;.specifying the,: applicable scope and effective date of terMination, whichterMinotiOn,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 Articlet Stop the Work specified as terminated in the Notice-Of Termination for Convenience;. 44 f Oenefot Conditions(Or Construction ConIrcicts jApril MI 20201 • DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D i. Promptly notify all SubcoritractorsV 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;. Immediately deliver to the City all;Project records, in their original/native electronic format. (Le.'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 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 shalLhave the right and:obligation to-settleor to pay claims arising from said contracts,;subcontracts.or purchase orders; v. Place no further.subcontractsor purchase.orders for materials,.services,or facilities,,except as:necessa y 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)`tte`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;14,10uld be required to be furnished to-the .City; vii. .Settle all outstanding liabilities and.termination settlement proposals from:the termination of any subcontracts'ors purchase orders, with the prior approval or ratification,to'the':extent required by the City(if any), 'Take any action that may pe necessary, or that the City may direct,for the protection and preservation of theProject Site,including'life safety and`any property related to this Contract that is in the.Contractor's possessionand.in'which,theCityhas'or.'mayacquire.an'interest, and . •ix.. Complete performance of the Work notiterminated(if any), 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•estent:such costs pre not reasonably avoidable byte Contractor; Contractor shall'submit,for the•Cites review and'consideration,'a final termination,payment proposal with substantiating documentation,including:an updated Schedule.of Values,within30.days of the effective date.. of termination;unless in writingby the City upon request Such termination amount shallbe mutually agreed upon:bythe 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 withwritten 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:Cities 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 l•General Conditions(or Conslruciion Conlrocts(April 13: 2020), DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D .one:(FI) days, after the delivery of such Notice Of Default,:katialt be deemed an Event Of Default, which constitutes sufficient greundsfOrthe.City to terminateContracterfer'cause,, a,. ''Failing to perform any portion of the Work in;a manner consistent with the requirements of the ',Contract iDocuments 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 otherthan an Excusable Delay to begin the Work required promptly. the issuance of a NoticOVPropee0;, c. Failing to perform the Work with sufficient manpower,workmen and equipment or with Sufficient Materiels; With the effect of delaying the prosecution of the WO('in accordance•with.the Project Schedule and/or delaying completion of any.of the Project within the specified time; d. Fading; for reasons other then 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 Contractbocuments; f; ,Discontinuing the prosecution of the Work,except in the event of:',t)the issuance of a stopAvork. Order iirthe City, or 2)the inability of the Contractor to prosecute the Work because Of an event giving rise tean'ExcusableDelay.as set forth in this Contract for which Contractor has:provided written,notice of same :in accordance with theContraOt Docurnents; g. ',Failing to provide sufficient evidence upon request that,irtteCity'saole opinion,demonstrates the Contractor's financial ability to complete the Project, h An indictment is issued against the Contractor, :Failing to make payments to for materials or labor in adeordencewith the respective agreements, j. Failing to provide the City with a Recovery Schedule in accordance With the Contract Documents;. k. 'iPersistently disregarding laws, ordinances, or rules,:regulations or orders of a public authority having jurisdiction, I: Fraud,misrepresentation or Material misstatement by Contractor in the Coursed obtaining thie- Coriteact tn. .:Failing to comply in any material respect with any of the terms of this Contract or the Contract DocurnentS, • 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 rigtits'Or remedies hereunder for a Default Which is ,not cured as aforesaid: 13.3'. Terniinaiion.of Cantiactfor Caue, a: The City may terminate the COntractor for cause upon the occurrence efn'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 Defaulk,.and without.any prejudice ta,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 ptior rights of the Surety: 4ta General Concijlibns,10 Construction Conlracls'April 1.3; 202,0j. DocuSign Envelope ID:3FBAE000-9CA3-4912-BC7F-560C4E7DFB6D i., Take gottess on:of the Project'Site,and of ail 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 inprogress,completed,Work,supplies and othenmaterial producedior required. for the,Work terminated,and (2)the completed or pathally completed'Project records that, if this Contractrhad 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: Upoti the iissuance of:allotice.of Termination.for Cause,the Contractor shall: i. Immediately deliver to the City all Project records, in their,original/native electronic format (i.e.CAR,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; If specifically directed.by,the'City,in writing, assign`to the'City, all right,title-and interest of Contractor°under,any,Oontract, subcontract and/or purchase order, in'which case.the.City, shall'.have the'right,and;obligation to settle'orb()pay any outstanding:claims arising from said contracts;subcontracts or:purchase orders; As'directed.by the City, transfer,title,and deliver:to:the City:CO the'fabricated and.non- fabricated;parts,Work in progress,,:completed Work, supplies and other material:produced, or:required.for the Work terminated;and N., Take:any action,:that may:be,necessary,,or that''the'City may direct,,for the protection'and. ;preservation ofthe Project Site,including life safety and property related tothis Contractthat is in-the.Contradtor's.possession and'in which the.City has or may aequire an interest: .d. All:rlghts,and remedies:of the;City's Termination,fights herein shpll apply.to all Defaults that are non-curable in nature,or thatfail to be cured'within the applicable cure period or are cured but an untimely manner,.andthe City shall not be obligated to accept such late cure: 13'4. .Recourseao_Performance and‘Payment Bond;Other Remedies. a;. Upon theoccurrence,of an Event of Default,and'iirrespective 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.`(iiyin 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. 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.leg alfees,'togetherwith anyand all costs.incurred 'in connection with renegotiationof the Contract. 13.5: Costs.and Expenses. 47 l'General Condpions•Ior Conslruclian Conlydels(April T3; 2o201i DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D a.. .All damages,,costs and,expenses,-including reasonable attorney's fees,,incurred by the-City as a result'of an uncured'Defaultora:Default cured beyond the time limits stated'herein:'(except=to.the.extent the City has expressly.consented,in'wrting,to-the'Contractor's.late.cure of such Default),together with:the'. costs of completing the Work,shall'badeducted..from any monies due or AO'become duet*?the Contractor under this Contract,:irrespective,of whether the..City'ultimately terminates Contractor. b: :Upon iasUing a Niotice 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 competed 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 end The •Surety shall bejointly and severally liable-and:shall pay the difference to the Pity upon demand. 13.6. Termination IUNo Default or Erroneous.Default:.lf:after a.Notice of Termination for Cause is issued:by the City,it isthereafter 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 partiesshall be thesame.as if the'notice -of termination had been'issued,putspant to the'termination for convenience Clause:contained herein. The. Contractor_shall have nofurther recourse-of any naturefdrwrongful termination. 13:7. Remedies Not Exclusive.,Except as otherwise provided in'theContract Documents,;no remedy under the termsof this Contact is intended to be excIusive;ofany.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 orby statute.rNo delay...or omission'to exercise:ony right.or power accruing upon any Event of Default shall'impair any such right or power nor,shall it be construed tobe.a waiver of any.Event of Default or acqiiiescence-therek and everysuch right.and power,may be exercised from time to time as often as, maybe deemed expedient. 13.8. Materiality.and Non:Waiver of Breach;. Each requirement,duty,.and,obligation in.the Contract Documents is material. The City's'failureto enforce.any provision,of this Contract shall not be deemed a waiver.of such provision or,Amendment of this Contract; A waiver sh'all'not be effective unlessit.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.Weiverofsuch tights r`.emedie`s. 13.9. ,Contractor Right to'Terminate Contract or Stop Work.;lithe 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 fault of Contractor. or.persons'or entities within,its.control;,or if the City should fair 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 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 suchapayment,the Contractor shall have the-right upon the expiration of the aforesaid ninety(90)'dayperiod to stop,.its,.performance.of the,Work,,provided•that Contractor has sent.a'Notice,to Cure;to the City via, certified mail, allowing'fora 7 daycure,period, In.such event,'Contractor may terminate this 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 •46 i.:Generor Cond►ions(or Consiruclion Contracts(April T:B; 2c.201 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D madepayMentIO theConttactor in respect of such Approved APplidation 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 Tull and faithful perfOrrrianCe of its obligations hereunder and the completion,Of the WOrkes'herein provided for - , - .AR1ICLE14MIScELUNEOUS, 141. Separate Contracts. 144.1. The City TeservesItherightto,-perform construction or Operations related:to the.Project with the CRY'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.portiont of the Project prettier construction or operations on the.Project Site or adjacent to the PrOject Site City:reserves the right to other contracts in, connection witifthiSP'rojea Contractor shall afford other persons reasonable opportunity forte 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 wait that render it unsuitable for such proper execution,and results: 'Coritractot's failure to inspect and reportshall.constitute an acceptance of the other,person'S work as and proper for the reception of Contractor's•Work,.except as to defecta:which May develop irf othet‘cOntrettor'e Work after the exeCutionof Contractor's Work 14.13. Contractorshall conduct its operations andtakealrreasonable.steps,to coordinate the prosecution of the Work so as to create no interference or impact on any Other contractors,including. the bity'aown forces, on the site.. Should such interference or impact occur,Contractor Oafl 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 the Contract Price Contractor agrees that ita priding'of the Work and the:determination of the Contract;Price;Were,expreSsly.based.upon the Contractor's assumption Of the, foregoing,caStriska 14.1.4, ContradtorshaliaffOrd Other contraCtors reasonable:access to.the:Project-SItafor the plan In order to integrate the Work to be performed:by the City or by the other contractors with.the,perforinance of the'Werk, and shall submit such plan to City for apPrOvaL.TheCOntractor 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 petfarmed,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 alteady in place end shall at once sepott to Consultant:any discrepancy.between the executed workand the requirements of the COntraCt DOcUtnents, 142. Lands for Work. Shall provide, as Maybe indicatedin the Contract DOCOmente the lands.UPqn which the.Work. is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by Cityor the use OfConttactor, 49 Oenerol CondiIions.1.61 Conslcuclion Conlracl.t 113; 202,01, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D •14.4. Corrtractor Shalt provide;at.Contractor's own expense and without liability to Gity;.anyadditional land and access thereto that may•be required'for temporary construction facilities, or for.storage:ofjmaterials. Contractor shell 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 shalt assign Its interest in thi5COntract without written consent of the other:;exceptas to the'assignment of proceeds. Notwithstanding..theloregoing, City may assign interest in this Contract or any„portion.thereof-to;any local or:state governmental body,special! 'taxing'distnct,;or any person authorized by law to constructor own the Project; Such assignee shall be bound' 'to comply'With the terms of.this.Contract 14.4. Rightss.of Various Interests. Whenever work being done.by City's forces or'by;separate contractors is contiguous"to or within.the area where the-Contractorwill perform any of the Work pursuant tdthe 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;generatharmony. Legal Restrictions:and.Traffic:Provisions'Contractor Shalt conform to.and obey all applicable Paws,,regulations, or ordinances with regard to labor employed,�hours,of work::and'Contractor's general operations. Contractor shall conduct its operations as not to close any thoroughfare, nor interfere in any way with traffic on railway„ihighways,-or water;without'the'prior written consent'of the:proper.authorities: 14,6 Value Engineering:.Contractor mayrequest substitution of materials;rarticles, pieces'of equipment ..or:any changeslhat'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 wilt be ordered,'installed; used or:initiated,without Consultant's prior'written acceptance which swill be evidenced by;either a Change. Order or ant approved Shop Drawing ;However, any,substitution accepted by consultant.shalt not resultin any increase itt the Contract Price or,Contract.Time.. By making a requestforsubstitution,Contractor:agrees: to pay directly•to Consultant all Consultant's fees and:charges relateddo 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 critena of the item proposed to be replaced-and :there. must be..a net dollar savings iincludingConsultant review fees'and.charges 'if a substitutionis 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,spec`ial,performanceluarantee or'other surety with respect to any substitute approved after award the. • .Contract.,- ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT:DIRECTOR, •WHO SHALL'FORWARD SAME;TO CONSULTANT., Noilnterest.Anymonies;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 net kilted prejudgment interest: However,the provisions of City's prompt payment ordinance;as such relates to timeliness of payment,arid the provisions of Section 218:74(4),'Florida Statutes *as such:relates t4tlie payment of interest,.shall' valid and proper invoices.. 14:8: 'Project Sign.Any.reguirements:for;a;project sign shall be paid by the Contractor as specified by City Guidelines: 5011 General ConditionsJpr-Conslrucliori Conlracls(April.13; 2020). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 14:9: Mailability'of.Proiect.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-castmaterial f abrication,;batch'plants for the;production of 'asphalt;:concrete or other construction-related materials, or other similar activities;shall require'advance awritteir.approvel by the-Contracf.Administrator: The City may,at anytime;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 the contrary, the:conditions or requirements,of right-ofway.permite,established by the authorities:having jurisdiction including, without limitation,any regulatory authorities of T.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, 14.92; Iry case of'termination.-of this Contract before completion for-any cause whatever;.Contractor,,if' notified to`doso by City:shall',promptly'remove any part.orall of Contractor's equipment and supplies.from.' :the,property of City; failingwhich 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 groundsof'race, Odor,,national origin,sex,age,disability,'religion,Thome or family status: Additionally,'Contractor..shall'comply'fullywith'the'City of Miami.Beach H'umanRights'Qrdinance,codified:in Chapter 62 of the CityCode,as'may be amended from time=to time,prohibiting discrimination in employment, housing,public accomrnodations,and•public services'on account of actuator perceived race,'color,national origin,,religion, sex, lntersexuality,,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.arid:accounts of Contractor 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?Wile three(30 year period following Final Completion'of.the 'Project,,'Contractor shall provide City access to_ Its:books'and records 'seventy-two (72),hours written. ,notice.; 1412: Performance Evaluations.An:interim performance evaluation of=th'e.successful:Contractor may be, submitted by the Contract Administrator during:construction of the:Project. A final.perforinance evaluation shall be submitted when'the Request,for Final Payment to the construction contactor is forwarded for approval: In either situation; the completed evaluation(s).shall be forwarded;4o the 'City's'Procurement. bireotor who shall provide a copy to the,successful Contractor. Said evaluation(s)may used by the City. as a factor'in considering the responsibility of the successful Contractor.for future bids with the'City, 51 l;Genejoi Conditions for Construction Contracts(April 13; 202% DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D .1411. Pubfie:Entity.crinies...lnadcordance.With the PUbliO Crimes:AM Becton 281.133,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 aContract to provide any goods or services lc the City;may not submit o bid,on a contract with the City,for the construction or repair of Or public work, may not Submit bids on leases of teat property to thaCity, may not be awarded or,perfOrt.work as a contractor;-:supplier, subcontractor, Or consultant'Oder a contract with the .City,and may not transact any business with the City in exCeSs of the threshold amount provided in Section .287,011;Florida Statutes,for category two purchases for a perioctof 86 months from the date being placed . .on the convicted vendor list Violation Otis Section by.:Contractor shall result in cancellation of the.City p4rchaseend:may,result in Coritractordebannent: Independent COntraCtOr. Contractor is an:IndePendent contractor under this,Contract ,Services provided by Contractorpursuant to this Contract Shell be subject to the supervision of Contractor In providing such services, Contractor nor its agents.shall Apt as officers, employees, or agents of the.City This 'Contactshall not constitute Or.make the parties a partnership or:joint venture.Contractor hereby.accepts :complete responsibility es.a_principal:for itaagerits,,Subcontractors,vendors, Materialmen,suppliers,their respective employees,,agents and persons acting for or on their behalfl.and"alr,otherS'..00htradtor hires.to perform orto.assistin:berfornling the Work: .14.15.•Third,Part(Beneficiaries. Neither'Contractor.nor CRY:intends.to'directly'or substantially benefit a Third:partY,by this Contract Therefore,:the parties..agree that there are nothird-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 itiia-:nOt,their:intent to.create any:rights.or obligatiOns in .any:thirdiperscin or entity undertfaCOntragt Severabilitv..In the event a portion of this Contract is found by-acourt of competent jurisdiction to, be invalid, the.rernaining;,provisions:shill continue to be.effective unless City or Contractor eletts to terminate thiS,Contraci,_4n election to terminate this Contract based upon this..provision shall be within ;seven.(7),days._efterthe finding by the,court becomesfinal, MITIPLE'15.1NSPEPTOR GENERAL AUDIT RIGHTS. 15.1 PufauenttoSection,N56,of the Code Of the City Of Miami peach,the.City;has esteblished file Office Of.the.Inspector:General which may, on a random Nail, perform reviews, audits, inspections-and investigations'on all.City contracts,throughout the,duration of said contizota This random audit is separate and:distinct from any other audit.performedby'or an behalf of the City, 15.2. the.Office of Inspector General is authorized to investigate City affairs and empowered to review ',peat, 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. piled Or*grant may include a report concerning whether4lie project IS on the,:within budget and in conformance with the documents and applicable law The Inspector General shall have: the power to audit, investigate, monitor,, oversee, inspeOt and: review operations, activities; performance and procurement process including not limited to project design,bid specifications (bid/proposal)sUbMittals,activities Of the Contractor, its officers,agents and employees, lobbylats,. City staff and elected'officials to ensure compliance with the Contract Documents and to detect fraud andtorruption. Purtuantto Seam 2'-'.378 of the City.Code,,the City isalloceting a percentage of its 52 rOe' pd.rai Concipii3ns,101 COnsItucligri ConIrcicis!April I3 2020), DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D civerall annual Contract expenditures to fund the,abtiVities.andoperatiOns of the.Office of Insbector, General 15,3 Upoti,ten(16)dayt written notice to the Contractor,the Contractor shall make all requested records and documents aveliabie 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 documents and to detect and corruption, 154 The Inspector'General shall have the not 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 nOtlinited. to original,estimate 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, '(biO/propOsal), and':contract documents, ,back-change,document's, .all. documents and records which involve cash;trade or volurneditcounts,insurance proceeds,rebates, or dividends received,payroll and personnel records and SuppOrtingdocUrnentation,,for the aforesaid documents and 155 The Contractor shall make available its at all reasonable times the records;materials,and , other evidence regarding,the acquisition, (bid preparation) and performance of this!contract, for Oiamination„audit,,pr reproduction,until three(3)years after final payment under this contract or for an longer required by statute or by other clauseofthiS contraCL,Inadditkim I Ifthis 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 _IL The Contractor shall make available records relating to appeals or to 14101'0[1,0e the settlement Of claims arising under or relating to this Contract until such appeals,:litigation,Or claims are finally.roscjiyed, 456. The provisions in this section shall apply to the Contractor, its officers, agents, employees, stibcontractort,end 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 tqa,cityto,00riluOt audits or investigative activities The;provisions-of this section are neither intended nor shall they be construed to impose ,any liability' on'the City113y the Coritractorer third partieS:, i3 General Conditions(or Gonslruclion Conireicts(Apr,i1 113 2Q2,01, DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D MIAAAIBEACItt _ . .SOLICITATION TERMS.AND'CONDITIONS SERVICES. tArprit,0,.2021)1' •iliNERAL'OISCLAIMERS, a.The solicitatiOn.referenced herein Is being il.,-;';'iShectAthe.recipient.by'ttie dity,Oimianii,seach(the',City;'),!örthe reCitgentis cOnvenience. Any ,t110011;bY,the City in tes1160.04t Bids Made pursuant to this solicitation toakirig.anisWard,,er in failing,or refusing.to‘Malt:a anyawarctpurSuant to such.Bids,orirrtandelling,swards,,or in,withdraWing,or cancelling this solicitation,either before Or after issuance of an rkward;.shall be without any lobilitycrOtiligatien mite part of the'City.ln its sole distract);the City may withdraw the solicitation either befere: .Mr after receiving bids,may accept or reject bids,and may accept bids which deVietafrOnithasolleitation,,aeit deems appropriate and in.its,. "hest interest Inits sole diScretien;the'City May determine the qualifidatiensand'eccePtability efany;parlyer parties submitting Bids in response to this solicitation., The,information,dontained.hereiri 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 ttithe-aocurady of any, infOrrnation in this solicitation Any reliance On these dentents,or onany perthittedtemritynicatieneWith City officials shall beetle recipient's •Own.risk.6idders,shOuld rely exclusively on investigations,,interpretatiOnS,,and analyses.The solicitation is being,provided by the 'City withebt any warranty or reptesentaticie; express or Implied, as to,its Content its,at:curacy,.Or ita',completeness: No Warranty or representagen,is made by the City grits agents that any Bid conforming to theselequireMents:Will be selected for consideratiOn;.ne-gotiation,., ,cBiddere are hereby advised ttiatthis solicitation is subject to the•folloWing OrdineaceSireaeltitiaris(if applicable);Which May be found on the city Of Miami Beach WebtitchttosINNW.Miarnibeactifl.clovkih4halUorectiremeritiorecurerriettrelated-ordinmce-and-orocedutest abOtsiECF SILENCE-SECTION 2436 •Pktit EST PROCEDURES-CODE 2-671' DEBARMENT PROCEEDINGS-SECTIONS 2-397 THROUGH.2401 _ _ 'LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.--SECTIONS 2481 THROUGH:2406 *CAMPAIGN, CONTRIBUTIONS BY VENDORS-r•.SECTION'2487;' 'CAMPAIGN CONTRIBUTIONS.-SECTION 2488 'EQUAL BENEFITS.FOR DOMESTIC PARTNERS' SECTION 2373 !LIVING WAGE REQUIREMENT- SECTIONS 2-407 THROLIGH.2410' 'FALSE CIAMS•ORDINANOE-SECTION'/0:300 •ACCEPTANCE'OF PIFTS,.FAVORSA SERVicES--SECTION1-448 • . iPUBLICEkTITY CRIMEA personar affiliate who'hai been plided on the convicted vender liatfollOwing a.cenvictionfor 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 ,conatruction.orppair 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-contraCtotior, consultant under a Contract With-a public entity,and may not transact business with any public entity In excess of the threshold amount provided In Sec. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor Hat '3.COMPLIANCE WITH THE till's LOBBYIST LAWS.This solicitation is subject to,and all bidders are expected to bear 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 anctellsarOmisres,preseribed therein;including.without limitation,disOualification of their reSponses„in the&ant ofsitchnOkOmpliance. 4:.DEBARMENT.ORDiNANCE.This solicitation IS subject to,and all bidders are expected to be or become familiar With,the City s Debarment .0Minance.4m:edified:In:Sections 2-,397,through 24106 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`2-1186 Of the City Code Bidders shall .be solely responsible for ensuring that all applicable.provislims of the City's Campaign Finance Reform laws are complied with,and shall be aulleCt to anyand all sanetions,:as prescribedterein,including,diSqualification of their responses,in the event of such,ner-complianCe CODE OF BUSINESS ETkits.otAuant to CitOesolUtieri NO.200647.379,the bidder shall adept a Code of Business Ethic-8,(°09de')and submit that Code to,the Procurement Division with its respOnse of within five(5)days upon receipt of feeuest.'TfreCode sheli,at.a.rninimurn,. require the bidder,to comply with,all applicable governmental rulas and regulations including,among others,the cenflictofinterestilebbying and ethics prevision Of the City of Miami Beaph and Miami Dade County: .7.AMERICANS WITH DISABILITIES ACT(ADA).Call 305,6,734490 to request material in accessible forma4:sign,language iiiterPreters(five '(5)days in advance when Possible),or informationon access for persona.with disabilities For more infarmation On ADA compliance,please call the PubliCWorka Department at305-673-7000,Extention'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 I' -. OlIcitation'Terms and Conditions- 2-0"2.0). DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D M I . (BEAC SOLICITATION TERMS AND�1CONDITIONS.-SERVICES (April. )3 `202%: •make a reasonable-effort to;:giVe'at leastthree,(3).calendar,days written notice of any.'suchpostponement,to all prospective bidders through' B0440, . ..9;PROTESTS:My protest wncerning the;specifications et:award.of Mist olicitation.Shall be:in accordance:with.City Cede.Section 2-371. Protesfs:rrot submitted iwatimely manner dursuanttothe.requirements of City'Code Secttop 2 374 shall:be'barred: ID,JOINT VENTURES I.SINGLE•INIRPOSE ENTITY.JointVentures are not allowed:•Bids.shall be submitted only bX.the prime contractor.Bids. mey,however,identifyattiersub=contractors orsub-consultants•fo the prime.Bidderwhoi may-serve asteam members,. 11:VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City Code Section,27374,•the City shall give a preference to a responsive and`responsible-Bidderwhich is a small business concerti owned;and controlled`by a veteran(s)orwhicti.is a service-disabled veteran business ,enterprise;and which is within five percent(5%0)of the lowestresponsive,responsible bidder;by providing such bidder an opportunity of providing, said contractual services:for'the Lowest responsive bid amount(or in.this,solicitation,.the highesfbid amount),Whenever,aea'result of the. ,foregoing•preferencei the adjusted prices of Wo,(2)or mote bidders which are,asmall business concermowned and:controlledtiya Veteran(s). or aseryice-disabled;veteran business enterprise constitute the•lowest bid_pulsuantto 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'awar'd shall be made.to the service; disabled"veteran business:enterprise. . 12.:AGREEMENT BY-tBIDDERS:Any individual that submits a bid in response.to this solicitation agrees that enyaction taken•by the'City response to bids made pursuant to this solicitation,or in-making any award;•or]iin faifing or refusing.to make any award pursuanttp such Bids,or in cancelling awards,;orin 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 andall,'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.St result of this solicitation. Reasonable efforts Will be made to either award the bidder the contractor 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'or bid opening;.by deliveringwritten notice of Withdrawafto the Procurement Department: 13;COSTS INCURRED BY:BIDDERS:Alt'expenses involved With the preparation and submission of Bids,"or any work perfomled in connection .therewith;shall be the`sole responsibility(and shall be etthesele cost!and expense)ofthe•bidder,and shall notibe reimbursed bytheCity, 14:OCCUPATIONAL HEALTH AND SAFETY.The bidder.Warrants totthe City thatanyWork,services;supplies;materials or equipment supplied' pursuant to this bid'shail conform in all respects to the standards set:forth in the.Occupational.Safety.`and Health Apt of 1970,•as amended,`and the failure to comply with this canditionwill be deemed'breach of contract.Any fines levied because of inadequacies to comply with this.condition shall be borne solelyby the'bidder: 1&TAXES.The City of Miami Beach is exemptfrornall FederafExcise:andState•taxes. •16.MISTAKES:Bidders are expected to examine the terms,conditions,:specifications,delivery schedules;proposed pricing,and,all instructions. pertaining to the services relative tdthis:solicitation. Failure_te.do so will beat the Bidders 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'fdund to comply with..contract specifications,free of da'rnage or defect;and are properly'invoiced IS. PATENTS r;ROYALTIES:.,Bidder shall Indemnify,and save harmless the City.of Miami Beach,.Florida,,and lts officers,.employees;. .contractors,and/or agents,from liability of any'nature or kind,lncluding•cost and expenses for,•oron 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,mutuallly understood:and agreed,without exception,•thet the Bid,prices shall include all royalties or cost arisingfrom the use of such design,device,or materials any way involved in the work. 19.IbEFAULT..Failure or refusal of,the successful Bidder to execute econtract.following approval of such contract by the City Commission,or- untimely-withdrawal',of abidtresponse before:such award.is made and approved,;may result in a.claimi for damages by the'City,and may be :grounds.*for removing the-Bidderfrom the City's.vendorlisf 10:MANNER.OF PERFORMANCE:Bidder agrees:to perform its duties and obligations'In a professional manner and in accadence with all •applicable Localr'State,,County,and Federal laws,rules,regulations and codes:Lack of knowledge orignorartce.by life'bidder withfof applicable 2 j...`saltciloiion'Tours.orrci Cvndllrons—.Service (A,rll•1-3; 202Q1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Mt/SON' '' t Al[BEACH SOLICITATION TERMS AND,}CO.NDITIONS.- SERVICES .(Aptrf l&2020) laws;Will in-no way be a cause lot relief.from responsibility;Bidder agreesthat thelwork and sernces.'provided shall be provided by'employees that are educated;,trained,expenenced,certified,and licensed';i all areas encompassed within their designated duties Bidder agrees to famish to the:City any and all documentation,certification;authorization,,license;perntit or registration currently required by applicable lawst rules;and ,regulations.Bidder further certifies.that it and`its employees'will keep licenses,permits;registrations,autttorizations,,or certifications_required by'applicable laws.or regulations in full,force and,eftect during the_ term of this contract:'Failure_,of bidder to comply with this paragraph shall ,constitutes material beach ofthiscontract' ;21.•SPECIAL'CONDITIONS:Any and all:Special Conditions that may vary from these General Terms and Conditions have precedence, :22>NON•DISCRIMINATION:The bidder certifies that it is in compliance with the,non-discrimination clause contained inSection202,Executive Oder 11246;*emended by Executive Grder 11375;relative to equal'employment opportunity'for'all'persons without regard to race,color;. religion,sex or national origin:•tn accordance with the City's Human Rights Ordipance;.codified'in Chapter'.62 of the City Code;bidder shall prohibitdisiximination'by,reason of race,color,national origin,religion,;sex;intersexuallty,.gender identk sexual orientation,disability,medial and falnillial status,age;'ancestry,height,weight;domestic partner stattis,labororganiiationmembership,familiats tuation,and polltical•affiliation: 23.DEMONSTRATION OF'COMP,ETENCY. .A. Pre-award inspection of the Bidder's facility maybe made priorito the award of contract. B, Bids only be considered from f r'mswhich are regularly engaged in the business o providing the,goads as described in:this solicitation. C, Bidders must be;able to demonstrate a good tecdrd of performance for a reasonable period`of,time;and have"sufficientfnancial capacity, equipment,,andorganizetion,to ensure that can satisfactorily perform.the services ifawarded a contract under.the terms andternia and conditions, of thissolicitation. 'D: The terms'equipment and organization°,as Used herein shall,be construed to mean aiully-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 abilitiesofa bidder;including pastperforrnance(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 representativesof 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 tobe supply the City. Any material confictsbetween information.provided by the source of supply and the information contained inure 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 bidders performance on contracts awarded to it by the,City,.the•City may place.said contracts an probationary status and'implement termination,procedures if the City:detemiines'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.0 niter this subsection. 24:ASSIGNMENT.The successful Bidder shall hot assign,transfer,convey,subletor otherwise dispose'of the•contract,1ncluding any or all of :.its right;title:or interest therein;or hismer of its power to execute such contract,to any person,company or corporation,without the prior written. consentof 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'taws. :26.OPTIONAL CONTRACT USAGE.When•the successful Bidder-is in.agreement;other units of,government or non-profit,.agencies•may .participate in pufchases.pursuant to:the award'of this'contractat the option,of the unit'ofgovernment or non•profitagency, 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 es-needed basis ;through.the City's spot market purchase provisions.. 28:DISPUTES.In the event of•a conflict between the documentsrthe order of priority of the documents shall be.as follows; A, Any contract or agreement resulting from the award of this solicitation iheri. •S. .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, incase of any doubt or difference of opinion alto the items andior services(asthe;case rney be)to be.furnished hereunder,the decision of the. City shallbe•final and binding an altparties 29.INDEMNIFICATION.The Bidder shall indemnify and hold harmless the Cityand its of-ricers,;employees,agents and instrumentalities from any,and.all liability,losses.or damages,,including a:torney's.fees and costsof defense,•which the City or its officers;•emptoyees,•agents or a:.$ohdtotian'Terms and Condiiions—Services(Aprii 13, 2020i' DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-566C4E7DFB6D MIAt\A!BEACH SOLICITATION TERMS,ANI),CONDITIONS-SERVICES- 1(44'pr,a . 2Q20) instrumentalities reay incur as a result of claims,demands,Su-itt,callsetbfectioniOr proceedings of any hind ornatitreariting,ibtekrelating to •:orresuliklg.froth the perterthatietif the agreententkthe BiddicarkenilOY.ees,agents,ferventS;partners,principals The ,Bidder shall pay all claims and losses in connection therewith and investigate and defend allclaims,suits or actionScifiny kind,of nature' in the name-cl the City,'whersapplidable,including appellate priteddingf,and all costs judgments,and attotheY'sfeas whith•Mey,be, incurred therebn,! The Bidder exprliely'liniter04aOs and agrees that any insurance protection tequired by any agreement with .Citror- •etherwifeprOVidedbibthe Bidder shalt In no way limit the responsibility telrideintfiklieep andeavenemileSsand olefendthe...gair.or its officersi .employeeS,agents and inStrementalifies as herein prOyided;TheaboySindenmifieetien provisions shall survive'the eipitatien'er,tertninatien ef thiSAgreement . . . 30..FLORIDA PUBLIC RECORDS LAW Bidders-ars hereby notified that all bids including,without limitation,any and all infomiafion and: AfoiintentOtioaraillimittid'llieTskilkarSeidniptiffett.thibliereeerdsrethfirenianteundar Section.119.07(A Florida'Stahifits and s 24((I),:Aril .of the State Constitution until such time as the City preVidef notice of intendeddecision or until thirty(30)daySafterbPeriing,OfthetidS; •Whichever is eadier Additionally,Bidder agrees to be In.firllcornplianti with ElptideStatUtel1,..0101'inOluding,but not limited to,agreement to (a) Keep keep,anti;maintain public records that ordinarily and neeessenly:WoUld'bS required,bythspublie agency in order to perferrellieeryices;-, (b)liicOdfilfle 0910kwiltte*Ss to OPPlio/.'BPONePO•the same terms and condftions that ttle public agency If9.014013r0V4telile records of4..0e., cost that does not exceed the cost proVided in this chapter or as Otherwise provided by law;(c)Ensure that public records tbit.efe-Otempt oi oofideritial,.eao-esooipt from public records disclofurer equirereents are not disclosed except as apthorized by leK(d)1Meet all requirements for retaining Pubtio,;ritords-andfrarisfOtne cost,tithe public ageneyall public records in possession of the Bidder upon termination of the contract and destroy any duplicate Iniblic,reterds that are exempt ofconftdential and exempt from pbbliorteeorde.difoloSurererfuiretnefitS All records stored electronically must beprevided.te:t4pUblio agency in a ferniat that is compatible with the information technology systems oflie public .agency, 11..OBSERVANCEOF LAWS Bidders are expected to brSfenilliar.WIM,end comply with,all Federal,State,County,and City lawsi ordinances, 'Codes',rules-thicd regulations,and all orders and decrees of bodies&tribunals,having jundiction or atithoritythich,,in any manner,may affect the'feepeefterVidet and/at prOjectaontereplated'hy this solicitation(inoleding,without limitation the Miefriiians With DisabilitiesAct,:Title.Vii of .1baPvillOights Act,the' EOC Llnifirth'..Guidelinee,-and regulationS,qnd:gOicteltnos),..1griarance of the lavi(O'salte partof the Bidder will , . in,soMay relieve it-froalreSponsibitity forOorripliance '3-2.CONFLICT OF INTEREST:All bidders:must difclose,intheir Bid,the name(s)of any officer agent,orirnMediatefamily member .(spOose,•pareit sibling,and child)Whiiialsaan'employee of the City of'Miami Beach:Niter,all bidders'mitit disclose thenameofeny City emPleyee who owns;othotiOireotty or iliiitieotly;.aritilterestef ten(1O%yperce to rem*itip,thettddereptity Orany of itsitffillates .33,'MODIFICATIONIWITHDRAWALS OF.BIDS.Alfidder may submitsmodified bid.tereptice all Orany portion ofa previously submitted Bid: up until the pid.due-date and time; Modifications received after the bid due dateanditimeWill not be tonfidered.Bids sfiali be irrevocable until contract award igniess withdrawn in'Writing prior to the bid dfie date,or after expiration of 180'Mfender 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 Oentract award will not be considered. '34,...EXCEPtIONS TOSOLICiTATION.Bidders must clearly'indicate any exceptions they wish wake toany'of the terms in the solicitation,.and outline what;if any1 alternative is being offered. Alt exceptions and aitamatiliks-stiell be included and,clearlydllineated,in writing,M.the bid aubihittal."Ma City;etits sate and absolute disaFatiOniniay accept or reject any.nralliuu*Ptigna and alternatives, In times in which exceptions and alternatives are rejeoted,the City shall require the bidder to coMply.withtheparticulafterni andfor condition of the solicitation to Which bidder. teekexceptiOA to(as Said,terrn,anclOrpenctition WaS originallyeefforth in theSolicitatiort;a60 anfeXhibits or Addenda thereto),. i5.ACCEPTANCEOPOIOTS.FAVORB.:SERVICES. Bidders thll not-Offer any.gratuitief„•faVors„oranything of mongtary.yilue to.any employee-,or agent of the .for the purpose of influencing consideration Oftis Bid Pursuant to 2.449'of the,City;COda;no Officer or employee.of.thetity,shalleecept any,gift,favor or seryice;tbatinightteasonably.tend impropedy te'influence him in the discharge of his official duties. 36.SUPPLEMENTAL INFORMATION.City reserves the rightto requestsupplemental infonnatiort.froAbidderaat,Any time during the pioness,2unles5 othorWise noted herein,. .-3/.ENVIRONMENTAL REGULATIONS,The.City reserves the right to ponsidera Bidder's history et citations and/or violations of erafironmeetal, regulatitins irr.investigating a Bidder's retponSibility,and further reserves the right to declare a Bidder not responsible if the history of violations warrants such Oeterrotrietionin.the opinion oflbeeity.Picloar.shall submit with its proposal,a complete history of all citations artd/c)r neticee:anqdiepositrOns.thereot tbe.noll-spbmissibe of any such documentation shall be deemed to bean affirmation by the Bidder that there are no citations or viOlatiOna.'Biddei7shallriOfify the'City immediately of notice.of any.citation or violation which.bidder may receive after the, preposalopeningdete and during thstime of perfOrniance of arty,donticict awarded tb it. 4 1.:WIcilcilion terms oncl S-Irvices46riril lf3,'*) 4q). • _ . . DocuSign Envelope ID:3F8AE000-9dA3-4912-BC7F-566C4E7DFB6D M I AM[BEACH :St.)1jCITATION TERMS AKiD•i,COTNDITIONS.---.SERVICES • • • • opof 202Q) 38 • RELATIONSHIP 40 TittelIts It the intent of theCity;-and:Bidclara herebriCkriowledge.andagrekthatthe successful Strider iiiimildered.* bean independent contractori and that raltherineSidder„northe.Bidder's ernployeesi.agetitwand/or contsactors,shall under any circumstances be c:0006fedle*filpl'ests-Cf'a.flenWciftire.ciiif.• . . .19 INSPECTOR GENERAL AUDIT RIGHTS • •A 'PUsOanttp-,Sectron 272S6'of the Cede Piffle.City Of Miami Beach,the Cityhasi.eStablistied the.Office-OfthkrinipectOGarieraNitiich. may,on a..randoin beifs,,perfotniTeViewi;a0dits,inapeOtiOnSand investigations on all titycoritracts,,tbrou-gtput the duration Of said contracti,This random audit is separate and distinct fternany.othet audit perforated:by or on behalf Of.the CRY, EL The OfficeAthelnaPeCtOr General is authorized to investigate City affairs and empowered to ipview-pastopreSent and proposed City, ..PrOgraMS,'atCetintS;.ferxttdsi!centradti antransacftons:.1h addition;theinsPeCtorGenerat has the power teSubPoena'witnessesi. administer baths,require the production orviltriesses:and monitor City projects And programs Monitoring of an existing City.project or proglint,ntay.include:a report concerning whether the project is on-timen within budget and in confOrmance with the contract 'dociarianiSeridapplicable law The Inspector General shall have the power to audit investigated Monitor,OVersee,*Spect and review •pPerations,,activitiaSi,performenta•and..procurament process including but not limited to project design, bid specifications, -.(bidlpropeSit)submittals,activities of the Contractor,its Officers,agents and employees,lobbyists„City Staff and elected officials to _ensure complianCevithftie CentriottIOCunienta and to detect fraud And.tiertopften: Pursuant*SeCtion.2r378'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.„(1Pori;ten,a0 days written notice to the Contractor,the Contractor shall make all requested records and documents available:*the Inspector General for inspection and copying The inspector General is empowered to retain the services of independent private sector .auditors to audit;.,inveatigate,monitor,oversee i inspect ancrxeView-operationt adtivities,performance arid procurement phicesS, "including but not limited to project design,bid.speCificiationai(hidiprOposel)Subinittels;activities of the Contractor its -and employees,lobbyists,City staff and elected:Officials to ensura.Cornpliance.With the contract documents and to detect fraud and corruption.. -The insnebtor.Genernt,thall have the right to inspect and copy all documents and retools in'the.Contractor's possession;custody or 'cadre{which"In the Inspector General's"sole jedgrnerit,".pertain to performance of tha contract IndiUding;but.not limited to original: .estimate files,change order estynate files,worksheets,proposals and agreements'trowel*with successful subcontractors And. supplierS,altprOject7ralated,correspondence;memoranda;instructions financial documents;construction documents;(bid1PropoSal). and contract documents, documents all documents and records which invotyd Oath,'trade or.volume dlidounts, insurance proceeds,rebate's,or dividends received,payroll and personnel records and supporting documentation for the aforesaid! ,doCumi3ntiarid reads; g:: The-Contractor shall make available at its office gait reasonable times the records,materials;and other evidence regarding the acquisition(bid preparation),and.perfonnente of this contract,for examination,-audit,:or repioduction,until three(3)years after final. payment under this contract or for any longer period required by statute&by other clauses of this contract.In addition. i If this contract is completely or padfalty_terminated,the Contractor shall Make available reoOrde,feteting tote Work terminated ,.until three(3):years aftei.any resulting final termination settlement;and IL The Contractor shall make available records relating to appeals or*litigation or the settlement of claims arising under or relating to this contract until suchippeals,litigation;or claims ore.finally.resolved. .. F, TheiproviSiOns in this section Shall-apply,to the:Contractore officers;agents, einployeea, subcontractors and stippliers,The -Contractor shall incorporate tha.provisions In this section in all subcontracts and all other.agreements executed by the tontrantur in .connection with;the performance of this contract G. Nothing*this section shall impair any*dependent right*the City to.denductiuditt or investigative activities The provisions of this, .sectien areneither.intended nor shall they,be construed to'impose any liability on the City by.the:Contractor ettitird parties, Balance of Page Inteigionallv Lift Blank. 'Terms •erylce:s•14.:prll i3 ?020)‘- • • DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D MPROCUREMENT DEPARTMENT I ANI I B[AC H 1755 Meridian Avenue,3^1 Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO.2022-416-ND BOLLARD INSTALLATION October 3,2022 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. RESPONSES TO QUESTIONS RECEIVED: Q1:Are Off Duty Officers required for the duration of the project? Al: It is not anticipated that Off Duty Officers will be needed to complete this work. Q2:Are construction vehicles permitted to park at South Pointe Park? A2:The City will provide parking. It is the Contractor's responsibility to pay for the designated parking area at current City rates. Q3:Are we permitted to work in various locations at the same time? A3: Since the three locations are far apart from each other, the City has no objection to simultaneous work taking place. However,certain events, including conventions, holidays, or other special events, as well as any other permits, need to be coordinated closely to avoid conflicts. Prior to mobilization,all permits from the ROW Office must be secured. Q4: Does the engineer's estimate include the alternates? A4:The engineer's estimate does not include the alternates. . Q5: In County RIW are we using 4"or 6"sidewalk? A5:The project is not to be completed in the County RIW. Q6: Can minimum requirement No.3 be satisfied by the subcontractor? A6:As stated, if the Bidder andlor its principal has not completed two (2)projects of a similar nature(projects that include vehicle barrier installation and concrete sidewalk work),then the subcontractor andlor their principals need to have completed at least two (2) projects that include vehicle barrier installation and concrete sidewalk work. 1 1ADDENDUM NO.1 INVITATION TO BID NO.2022-416-ND BOLLARD INSTALLATION DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D PROCUREMENT DEPARTMENT B E14C H M I AM1755 Meridian Avenue,3b,Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q7: Can you please let me know if the bollards for Soundscape Park require some sort of impact rating?We could not retrieve the information from the RFQ. Al: M30 Rated Anti-Ram Bollards. The anti-ram single bollard fixed system shall conform to the M301P1 design.Acceptable manufacturers include: (a)Barrierl,(b)Bulwark, (c)Calpipe(d) Gibralter,or approved equals. Q8: For South Pointe Park: Is calling for metal retractable bollards, however, is not clear if the bollards are required to have any impact rating and also the type of motorization: manual,semi-automatic, automatic, etc. A8: M30 Retractable Bollard the anti-ram bollard shall conform to M301P1 engineered design. Acceptable manufacturers shall include: Barrier 1 or approved equal. 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: Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Kristy Bada Contracting Manager 2 ADDENDUM NO.1 INVITATION TO BID NO.2022-416-ND BOLLARD INSTALLATION DocuSign Envelope ID'.3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of the ITB. Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked ( ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. It is the Bidder's responsibility to become familiar with all terms, conditions and requirements of the ITB, whether or not included in the ITB Summary. Further, it is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB Summary that may result from an addendum to the ITB. ITB Information & General Requirements ITB No.: 2022-416-ND ITB Title: BOLLARD INSTALLATION , Date of Issuance: August 24, 2022 Project Description & In November 2018, Miami Beach residents voted to approve a General Scope of Work: Obligation Bond Program, which includes funding specifically earmarked for securing public places. To address the anticipated public facility security improvements, the City engaged Gannett Fleming, Inc., an engineering consultant, to develop a barrier plan to safeguard various facilities and high-volume pedestrian areas of the City. Through this ITB, the City seeks bids from licensed General Contractors to furnish and install all materials, labor, maintenance of traffic, and equipment required to complete Work at the Miami Beach Convention Center, SoundScape Park, and South Pointe Park, as required by the engineered design. The applicable portions of the Miami Beach Public Works Manual and Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation, 2022 Edition, shall establish the minimum standard for all work performed as a result of this ITB. Specifications are further detailed in Appendix F. Miami Beach Convention Center, 1900 Convention Center Drive; Project Location: SoundScape Park, 400 17th Street; and South Pointe Park, 1 Washington Avenue Estimated Budget: $1,239,374 Procurement Contact: Name: Natalia Delgado Telephone: 305-673-7000 ext. 26263 Email: nataliadelgado 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 a(Imiamibeachfl.gov. Reference: Section 0400, Solicitation Terms and Conditions DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Important Dates Due Date & Time for The deadline for submittal of bids is 3:00 PM, on October 10, 2022. Bid Submittal: Join on your computer or mobile app Due date may be modified by addendum to the ITB. It is Click here to join the meeting important that Bidder Or call in (audio only) download all addenda. +1 786-636-1480 United States, Miami Phone Conference ID: 479 383 773# Bidders are cautioned that late bids cannot be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Pre-Bid Conference: Date: August 31, 2022 Time: 10:30 AM ® Pre-Bid Conference will be Location: Microsoft Teams Meeting held. Join on your computer or mobile app • Pre-Bid Click here to join the meeting Conference is Or call in (audio only) Mandatory. +1 786-636-1480 United States, Miami Phone Conference ID: 376 820 897# ❑ A Pre-Bid Conference will not be Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. held. Site Visit: A site visit will not be held. ❑ Site Visit will be held. ❑ Site Visit is Mandatory. • Site Visit will not be held. Last Day for Receipt of September 12, 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 nataliadelgado(c�miamibeachfl.gov, with a copy to the City Clerk rafaelqranadomiamibeachfl.qov. Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. Project Specific Information & Requirements Minimum Requirements: Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-responsive and shall not be considered. ® Shall apply. 1. Licensing Requirements. Bidder shall be State of Florida Certified ❑ Shall not apply. OR Miami Dade County Licensed General Contractor. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 2. Previous Experience of Bidder (Firm and/or its principal). Bidder and/or its principal shall have completed at least two (2) projects of a similar nature (projects that include vehicle barrier installation or concrete sidewalk work) for other public or private agency(ies)within the last three (3) years. 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. For each project, identify whether the experience is for the firm or for a principal (include name of principal). 3. Previous Experience of Bidder (Bidder or Subcontractor). If Bidder has not completed a project(s) that include(s) vehicle barrier installation and concrete sidewalk work, then subcontractor and/or their principals shall have completed at least two (2) projects that include vehicle barrier installation or concrete sidewalk work for other public or private agency(ies) within the last three (3) years. 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. For each project, identify whether the experience is for the firm or for a principal (include name of principal). 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 ® Shall apply. submittal of bids, in the amount of 5°/0 of the total base bid amount, payable to the City of Miami Beach, Florida. Additionally, the original bid bond must ❑ Shall not apply. be mailed to the address below by the deadline for submittal of bids or within three (3) days of the bid submittal due date. Failure to include a copy of the bid bond with the electronic bid submittal ND submit the original bid bond to the address below by the deadline for submittal of bids or within three (3) days of the bid submittal due date shall result in the bid bein• deemed non-res•onsive. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139 Reference: Appendix B Bid Bond Form Section 0100, Sub-section 8, Bid Bond. Davis-Bacon Wage If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay Rates: laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe benefit payments to be used in DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ❑ Shall apply. 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 ® Shall not apply. issuance of the ITB. Insurance: If the requirement applies, Bidder agrees it shall fully comply with the following insurance requirements: ® Shall apply. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and ❑ Shall not apply. 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $2,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site, which is to be used (installed into a building or structure) in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or DocuSign Envelope ID 3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation—Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668 — ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(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. 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. Award shall be made in accordance with Section 0100, Instructions to Bidders subsection 10, Method of Award. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ❑ Unit pricing. Alternates: In determining lowest bid, the City may consider the total base bid cost or the cost of the total base bid plus any selected alternates (as applicable). ® Included. The consideration of any bid alternate (if applicable) shall be solely at the City's discretion. If applicable, bid alternates will be detailed in the Bid Price ❑ Not Included. Form, Appendix A. Determination of award (including whether bid alternates will be included in the award) shall be made in accordance with Section 0100, Instructions to Bidders subsection 10, Method of Award. Contract Time & Miami Beach Convention Center Schedule: 120 calendar days for Substantial Completion 60 calendar days for Completion SoundScape Park 150 calendar days for Substantial Completion 60 calendar days for Completion South Pointe Park 150 calendar days for Substantial Completion 60 calendar days for Completion Reference: Section 0400, Terms and Conditions of the Contract. Liquidated Damages: ❑ Shall a f Reference: Section 0400, Terms and Conditions of the Contract. pp y. ® Shall not apply. Local Workforce If the requirement applies, the Bidder agrees it, and its subcontractors, shall Participation: make its good-faith, reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of ❑ Shall apply. having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best ® Shall not apply. reasonable efforts to promote employment opportunities for Miami Beach residents. Refer to Section 0100, Sub-section 9, Prevailing Wage Rates & Local Workforce Participation and City Code Sec. 31-40. - Local workforce participation goals and reporting requirements for city construction contracts. Minimum % of Self- Minimum % of the Work Contractor self-perform with its own forces: 50% Work Requirement: See Section 0400, Terms and Conditions of the Contract. ® Shall apply. Shall not apply. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Performance & Bond Requirements: See Section 0400, Terms and Conditions of the Contract. ® Shall apply. 1. General Conditions for Construction Contracts ❑ Shall not apply. Prevailing Wage Rates: If the requirement applies, Bidder agrees it, and its subcontractors, shall pay laborers and mechanics employed under the contract no less than the [' Shall apply. prevailing wage rate and fringe benefit payments to be used in implementation of this article shall be those last published by the United ® Shall not apply. States Department of Labor in the Federal Register prior to the date of issuance of the ITB Refer to Section 0100, Sub-section 9, Prevailing Wage Rates & Local Workforce Participation and City Code Sec. 31-27. - Establishment of minimum wages for city construction contracts. PERMITS: The CONTRACTOR shall obtain and pay for any permits that Required Permits: may be required for execution of the work, including but not limited to: ® Shall apply. 1. City of Miami Beach Building and Zoning Department 2. City of Miami Beach Public Works Department ❑ Shall not apply. 3. Miami-Dade Department of Environmental Resources Management (DERM), for dewatering permit if required. Trench Safety Act Reference: Section 0100, Sub-section 12, Florida Trench Safety Act. Requirements ® Shall apply. ❑ Shall not apply. Consultant: Gannett Fleming, Inc. 800 NW 62 Avenue, Suite 490 Miami, Florida 33126 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, Requirements: and organized in accordance with Section 0300, including: BID SUBMITTAL QUESTIONNAIRE -- CONSTRUCTION Submit the Bid Submittal Questionnaire — Construction; The questionnaire is an online fillable form that must be completed and submitted electronically via Periscope S2G. 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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, including Schedule of Values. (Appendix A). 2. Bid Bond Form. (Appendix B.) 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 5% of the total base 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 three (3) days of bid submittal due date. Failure to include a copy of the bid bond with the electronic bid submittal AND submit the original bid bond to the address below by the deadline for submittal of bids or within three (3) days of bid submittal due date 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 FAILURE TO SUBMIT THE MOST RECENT COMPLETED: 1) BID PRICE FORM, INCLUDING SCHEDULE OF VALUES (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 other forms if required in the ITB Summary, including but not limited to: 3. Local Workforce Participation Program Responsible Contractor Affidavit Form (Appendix C) If ITB Summary indicates a Local Workforce Participation Program is applicable then this form must be submitted. 4. Trench Safety Certification Form (Appendix D) If ITB Summary indicates a Trench Safety Act is applicable then this form must be submitted. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Art in Public Places: This Project is subject to review of Art in Public Places, Tourism and Culture Department staff. The Project is required to work collaboratively with the Tourism and Culture Department to identify opportunities for the integration of public art. Should an opportunity and funding source be identified, the project/developer is required to work collaboratively with the Tourism and Culture Department on the implementation of the AiPP program, including construction project coordination as required by project, pursuant to AiPP provisions as set forth in Sections 82-561 through 82-612 of the City of Miami Beach Code. DocuSgn Envelope ID 3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 BID BOND FORM APPENDIX C PREVAILING WAGES AND LOCAL WORKFORCE PARTICIPATION APPENDIX D TRENCH SAFETY CERTIFICATION FORM APPENDIX E CONTRACT FORM APPENDIX F LIST OF PLANS & SPECIFICATIONS APPENDIX G POST AWARD FORMS DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 and bid (the "Bid") to the City for the City's consideration as an option in achieving the required scope of s'ervices 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.periscopeholdinos.com or www.bidsvnc.com) for automatic notification of competitive solicitation opportunities rand 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"). 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 total base 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 (recorded by Miami Dade County) and Certificate(s) of Insurance, within ten (10) calendar days after the bidder's receipt of the Contract for execution, or failure to comply with any other requirements set forth herein. Bid bonds 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 10. Method of Award. The City Manager may recommend to the Mayor and City Commission award to the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. On the Bid Price Form (Appendix A), the Bidder must state its Total Base Bid, which includes the cost of the base project scope requirements (inclusive of all terms, conditions, specifications, plans, and any other requirement), and the Grand Total Bid, which includes the Total Base Bid plus permit and trench safety indemnification allowances. The Bid Price Form (Appendix A) may also include Additive Alternates, which add certain additional scope elements, and Deductive Alternates, which reduce certain scope elements. The City may consider additive or deductive bid alternates to achieve the maximum project scope within the available budget. When bids are below the stated budget, the City may consider including one or more Additive Alternate, in the order of priority stated, in determining the lowest responsive, responsible bidder. When bids are above the stated budget, the City may consider including one or more Deductive Alternate, in the order of priority stated, in determining the lowest responsive, responsible bidder. The responsive, responsible bidder submitting the lowest sum of the Grand Total Bid plus any alternates selected by the City shall be considered the lowest responsive, responsible bidder. In addition to price, the following factors, pursuant to Section 2-369 of the City Code, shall be considered: • 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 City Manager shall also have the authority to reject any and all bids, pursuant to Section 2-367 of the City Code. The City Commission may 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. The approval of the City Manager's recommendation by the City Commission shall not constitute a binding contract between the City and the selected Bidder(s). A binding contract will exist upon the complete execution and delivery of the City's contract. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 11. Contract Price. The Contract Price consists of the total base bid amount and the owner's contingency(to be used solely by the City at its sole discretion for the purpose described in that Contract Documents). The Contract Price, exclusive of the Owner's Contingency, includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles,field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as- built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom, even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. 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 the total bid price includes all costs for complying with the Florida Trench Safety Act. The Trench Safety Certification Form can be found in Appendix D. If ITB Summary indicates a Trench Safety Act is applicable, then this form must be submitted. 13. 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. 14.How to Manage or Create a Vendor Profile on Vendor Self Service (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self-Service web page,allowing City vendors to easily update contacts,attachments (W-9), and commodity information. The Vendor Self-Service (VSS) webpage (https://selfservice.miamibeachfl.aov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport(a�miamibeachfl.gov 15. Supplier Diversity. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami-Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Periscope S2G, Supplier-to- Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.00v/citV- hall/procurement/how-to-become-a-vendor/. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 S2Gaperiscopeholdings.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. REQUIRED DOCUMENTS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. a. Bid Submittal Questionnaire (The questionnaire is not a part of the ITB it is an online fillable form that must be completed and submitted electronically via Periscope S2G.) b. Bid Price Form (Appendix A) c. Bid Bond (Appendix B) If ITB Summary indicates a bid bond is required then a fully executed bid bond must be submitted) 3. OMITTED INFORMATION. The City reserves the right to request any documentation omitted, with exception of the required documents set forth in section 2 above, which must be submitted at time of bid. Bid Submittals received without the 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D a table of contents with page references. The electronic proposal shall be submitted through the"Line Items" attachment tab in Periscope S2G. 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, including Schedule of Values. (Appendix A) 2. Bid Bond. (Appendix B) 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 5% of the total base 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 three (3) days of bid submittal due date. Failure to include a copy of the bid bond with the electronic bid submittal AND submit the original bid bond to the address below by the deadline for submittal of bids or within three (3) days of bid submittal due date 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 FAILURE TO SUBMIT THE MOST RECENT COMPLETED: 1) BID PRICE FORM, INCLUDING SCHEDULE OF VALUES (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. Local Workforce Participation Program Responsible Contractor Affidavit Form (Appendix C) If ITB Summary indicates a Local Workforce Participation Program is applicable then this form must be submitted). 2. Trench Safety Certification Form (Appendix D) If ITB Summary indicates a Trench Safety Act is applicable then this form must be submitted. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, Bidder agrees that all work shall be bound by and in compliance with the General 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.3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX A M I AM I BEACH Bid Price Form MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Bid Price Form 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. 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 discrepancy between the sum of the items in the schedule of values and the total base bid, the Bidder agrees that the total base bid shall govern. In the absence of a numerical value for any item or division, 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 an allowance is not used in its entirety, any remaining balance shall be reflected on a deductive change order. TOTAL BASE BID Cost Miami Beach Convention Center $ SoundScape Park $ South Pointe Park $ ' Indemnification of City $25.00 Permit Allowance $75,000.00 GRAND TOTAL (TOTAL BASE BID AMOUNTS+INDEMNIFICATION OF CITY+PERMIT ALLOWANCE) $ 1See Section 0100, Sub-section 12. ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. SOUTH POINTE PARK ADDITIONAL WORK GROUP NO.1 Total Item Description Quantity U I M Unit Cost (Quantity_x_Unit_Cost) 1 Remove and re.lace existing concrete 4"thick 100 sy $ $ 2 Furnish and install fixed metal bollards 4 EA $ $ 3 Maintenance of Traffic 1 EA $ $ TOTAL $ SOUTH POINTE PARK ADDITIONAL WORK GROUP NO.2 Total Item Description Quantity U I M Unit Cost (Quantity_x_Unit_Cost) 1 Remove and reslace existin' concrete 4"thick 90 sy $ $ 2 Furnish and install ke stone block barrier 6 EA $ $ 3 Maintenance of Traffic 1 EA $ $ TOTAL $ DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SOUTH POINTE PARK ADDITIONAL WORK GROUP NO.3 Total Item Description Quantity U 1 M Unit Cost (Quantity_x_Unit_cost) 1 Remove and re•lace existin. concrete 4"thick 110 sv $ $ 2 Furnish and install concrete se here barrier 36" 15 EA $ $ 3 Maintenance of Traffic 1 EA $ $ TOTAL $ DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. Total Item Descri.tion Quantit U /M Unit Cost Quantit _X_Unit_Cost NOT APPLICABLE Continued on the follow Dade. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SCHEDULE OF VALUES Bidders should fully complete the Schedule of Values 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. MIAMI BEACH CONVENTION CENTER Total Item Description Quantity U I M Unit Cost (Quantity_x_Unit_Cost) 1 Remove and replace existing concrete(4"thick) 300 sv $ $ 2 Furnish and install concrete sphere barrier 36" 23 EA $ $ 3 Furnish and install fixed concrete bollards 25 EA $ $ Furnish and install fixed metal bollards.(Shallow 4 Mount) 25 EA $ $ 5 Maintenance of Traffic 1 EA $ $ SUBTOTAL MIAMI BEACH CONVENTION CENTER $ SOUNDSCAPE PARK Total Item Description Quantity U/M Unit Cost (Quantity_X_Unit_Cost) 1 Remove and replace existing concrete(4"thick) 120 sv $ $ 2 Furnish and install domed concrete barrier 36" 13 EA $ $ 3 Furnish and install metal retractable bollards 6 EA $ $ 4 Furnish and install fixed metal removable bollards 4 EA $ $ 5 Maintenance of Traffic 1 EA $ $ SUBTOTAL SOUNDSCAPE PARK $ SOUTH POINTE PARK Total Item Description Quantity U I M Unit Cost (Quantity_x_Unit_Cost) 1 Remove and replace existin. concrete 4"thick 110 sv $ $ 2 Furnish and install fixed metal bollards 5 EA $ $ 3 Fumish and install metal retractable bollards 8 EA $ $ 4 Maintenance of Traffic 1 EA $ S SUBTOTAL SOUTH POINT PARK S TOTAL BASE BID AMOUNT(MIAMI BEACH CONVENTION CENTER+SOUNDSCAPE PARK+SOUTH POINT PARK) $ End of Bid Price Form. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX B BID BOND FORM Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D BID BOND 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 Total 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 Total 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 Miami Beach 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D BID BOND 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 IN THE PRESENCE OF: SURETY: Signature (Surety Name) Print Name Attorney-in-Fact(Print Name) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX C A Prevailing Wage and Local Workforce Participation Programs Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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 (RCA). As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the Contractor shall submit a Responsible Contractor Affidavit 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D opportunities for Miami Beach residents. Failure to submit the RCA shall result in the bid or proposal being disqualified and deemed non-responsive. 2. 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. • • Balance of Pape Intentionally Left Blank DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form 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$1,500,000 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$1,500,000 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX D M Ami BEAc H Trench Safety Act Certification Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D TRENCH SAFETY ACT CERTIFICATION PAGE 1 OF 1 IF APPLICABLE, THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ Name of Bidder Authorized Signature of Bidder CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 ❑Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked,the Bidder must fill out the foregoing Trench Safety Act Form in order to be considered responsive.] DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX E Contract DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the_day of , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the"City") and (the "Contractor"): 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 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 by reference to the General Conditions for Construction Contracts dated are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Attachment A (the City's General Conditions for Construction Contracts), Attachment B (Plans and Speficications, Invitation to Bid No. and all Addenda thereto), Attachment C ( Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (Insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.) 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[ Total Base Bid below + allowance account items+/-alternates+continaencvl 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 $ DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Total Allowance Account Items $ Total Alternate Items (if applicable) $ Total Owner's Contingency ••• • $ Contract Price $ The Contract Price, exclusive of the Owner's Contingency, includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom, even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form.The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time. Days for Substantial Completion: days from Notice to Proceed No. 2 Days for Final Completion: days Liquidated Damages. Failure to achieve Substantial Completion: /day Failure to achieve Final Completion: /day 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. DocuSign Envelope ID:3FSAE000-9CA3-4912-BC7F-560C4E7DFB6D The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Office of Capital Improvement Projects 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Office of Capital Improvement Projects Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX F M I AM I B E AC H Plans & Specifications DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Dan Gelber D1 Commissioner Micky Steinberg D2 CommIssioner Marc Samuellan D3 Commissioner Michael Gongora D4Commissioner HOSTILE MITIGATION BARRIERS PROJECT I- Steven Heiner C D5 Commissioner MIAMI BEACH CONVENTION CENTER G/�/'� Ricky Amble W D8 Commissioner D David Richardson (/1 City Manager v Apra Hudak 0 0 INDEX OF SHEETS • .. ,1 4 w r- SHEET NO. SHEET DESCRIPTION , L.. 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W a b E MOWN 03 WORN 01,0111301.M000...-.... .1OR01..00D. 1rlrN O,Jira•JORRa g ar YNMOER AJMMAIV. . MN..uO.40_____ _ MEG!t3R .m...cawn GANNETT = MU. .•.�.,.�w•o.. ....... .w...o.�.. w NO-- .s!�_ •.•.o4.. CMEMO wR,�.Pnn�.mePa FLEMING 00 MO •urn. .M . SCAM or boa„CILLGi cur" , DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D awrar gat 1 0 .W aalslt .aCrale AaClaaaT!US �aaa. M.a-ar.. Ia1iNC Mt s" I. T. „aMaA ralmlr faMiaar • ..�. " a sr •muavaeaalmcnea1.Q H /y N . •Pt' • o 111140.1111111111 anaa�r®wales CONCRETE SPHERE , `, p M ,,,>�� NOTE: :e aa.weranuwara000araolw 1. CONTRACTOR SHALL REVEW ANDMMIATE OOIORI CC..aiao r ararW laCa lriamwet atomot n.a'a4oOps a lE urora 1 PALLET WITH THE CRY PRIOR TO or aaaal.afraAloloarnarw.o Mppaaa.eB..INaM WIND fir anaaaLM[,. 236 INCH DIAMETER SPHERES ARE PROPOSED. 1 •.M D au U) •KIgRSfNlla v' I .-4-..#.'.....,,(,4\,T,,M.6F1.).,•.. .fi:a.'g • at: P II III PPE ( ` r � :7b . w` i 1 ..kW ' tom'' �,, / a „KIE CONCRETE BOLLARD 6.:0-trati. „Asper "� � , L—•.—•_r••• TT TZUM OCIETE.�MO.Yt NOTE ('y ' T MPGapM191U1®WWAIDWOMEROSELUMOS T. P TTfe�RYgr FR '' KY RAM/imam SCAEk ii Pluit I.., .„,,,.....H:-. ,..,..z, ir' . i Pk.ILK V I SWING GATE •= »� "'" a" METAL BOLLARD (FUTURE - FUNDING DEPENDENT) 7 .'� : .,..,.,.., (SHALLOW MOUNT) I aaaarlamND rl..NIlOamr_ aasaaam maws aal.Nr.kiam.r anrrrr.a.r.raorl a . GANNETT �Mrafa_ arerae .mrrr..ar , FLEMING aaaaa Mr ra.rrn..lwa,wmrn.rw.rmosars.n.a+ns w.irt2C_ ram.sl_ N I.5c aT'a.r®ersarr pmMmiR Pt 1 _n.Lan haul .war =Joe DOA .ra•ISE•aal, oars DocuSign Envelope ID.3FSAE000-9CA3-4912-BC7F-560C4E7DFB6D Mayor Den Gelber 01 Commissioner Micky Steinberg D2 Commissioner Mark Samoalien J 03 Commissioner Q Michael Gongore D4Commissioner HOSTILE MITIGATION BARRIERS PROJECT: ~ Steven Meaner 05Commissioner SOUNDSCAPE PARK Rica,/AMda D6 Commissioner M David Richardson - •--, LJJ City Manager r......, -jam—_. �.�, I ri ; a -- 'i ABra Medak O �J O I i ! coL/� j�-ram ' ' i i 0 INDEX OF SHEETS If;p,, vqn Pcrr erwTtor� Q osrw. etreETtxeown.. 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WOW w.e �r�' O.�.... e.. r U. rr.r DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Mayor Dan Gelber 01 Commissioner Micky Steinberg D2 Commissioner Mark SamLelian Q D3 Commissioner H Michael Gongora HOSTILE MITIGATION BARRIER PROJECT: 04 Commissioner Steven Heiner SOUTH POINTE PARK 05 Commissioner Ricky Arriola PRIORITIZATION PLAN CO D6 Commissioner David Richardson ., D 1K�T''---, 1 • [ T City Manager O fiP �� Akira Hudak O C1 Q I Ci (1) Co ` 1 -T k C T li Q INDEX OF SHEETS i J 1 CD CS row MO. SMEEn DESCRIPTION COVER WEFT • 0 .6M MEI.e.../.V-/ /A 11L.6 .T. I OE EML MOTEL 31 1aeCr 3_5 LAYOUT RAM I 1 JUt' t OETaYa . C f IL= jt --skii\iii, . /,.. N.,...... c"---..s.s..„.„_ ___...01._. 0 fr `ft `` ,. SECURITY IN PUBLIC SPACES GENERAL OBLIGATION BOND PROJECT•060.1.1116110.41•A.o ,�aM SHEET Poara� p. n, .irVO. NO. 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WI Z ;I ig m �♦,' 3Z i&oy R ii4t4'I' I iii g ff�y I • ; . ,..,' . ,,, 4, „. ) //1::>,..e,....• ."---.......1 iiiii P. gbh 11 * ti I g ;I ., , _.1..::\ \)a 2 El IX F gSFP `� TQ o S I I P;ti i 0 11 s'iJ rf;i"*.i: tire. =4AI . ,t 1 .F A r., o $i .off I e ri+ ,�_, �; .�,.;? a W if p ooe — .`.: - 5 133H5 3NIi Hoivri _- i111 I 1 I I t 100% SUBMITTAL 1 li THIS SPACE RESERVED FOR PROJECT MILESTONE DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D I • NOTES. J 7_' t. mx�wnoa�iaer�.o ` ") r„tir3 CD TV.'" W %i "'- l *. ..t¢¢t KEY PLAN 1110TTCkNfk i fx 1 * mow" ate" a riC O '.m if i '; t . * ._ _ . ter u :.---' '„` .EWL re ,CALL[.,... e,.,,,,,MO%.,..,. GANNETTMINN ` tii on.,.®e MUM.ac..aoc.i i ax. MUM AMMO, sue a.asc **2 ,.,,rr SS-- ,..m_ .ror.+, sue .anar,c.iv...., r-.an.rwn.ww o. .at owe DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D OMLAND NN+AY NON iANINUONOFoorN, / '4 f��• , VPOD•Nan .• Nr•NM1•N10Id1NN1 . L.YI�IR1l�1l�d .....0. . w.. oram w ` s ye . 1m1 ;' AMNON seas �S w ANOKA mu• i'. r"� o..n�1 ,ra 1 eO,enNcw• IwmN / p rill 1w.i1N -1_ 00 •osmarn®en es Off ONINOt I' Nu1N•DNFaN wP*.M •.•NOPR O al N rr NOtgtl►NONENNIIOB)NOOONII/NNINI M WON CON NOIM WO CDMUDr4OINONIO•V®00.~roroNeu morel . up* Ma uFiLYai °1E 2. a'Ti��mvoew. fgMPIL12TWTI . Zr.wr. Y.tOgOROI N1OI.O/OE If UNIONNIONOUINII RETRACTABLE BOLLARD SYSTEM CONCRETE SPHERE • ,- - t 1 „.' •/• NEYNW1 MNfTO�I'xElt •. '' -. h )/1�?.::I�: 'mot lJI .�+ I Il. METAL BOLLARD WITH STAINLESS STEEL COVER KEYSTONE BLOCK BARRIER N NNINNNO NNW& NNONNIO—•y-N NINNION100 pa.NNNi C811 11WJNI1110Usq g .m UN "'""'""` + P i GANNETT a�ww.ra`NR- *mewar or oNNrcraN NNN•vNNGYO ; =FLEMING ME NeNN.,N„No,,,,��N�{N�p�(,�.a1N,.aNx.ow INN INN sue. Mx MD-- MYON"fw pn B10!®tNONNNIOd,1VJOE Pi.NN IWII ONtl1 WWI. ONC O)K/N!1 DN. _ 44 r r r yN• In.cNNNlMwro/N1N DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The following Standard Specifications adopted and implemented by the Florida Department of Transportation are anticipated applicable to this project TABLE OF CONTENTS 100 Construction Equipment-General Requirements 101 Mobilization 102 Maintenance of Traffic 104 Prevention,Control, and Abatement of Erosion and Water Pollution 110 Clearing and Grubbing 520 Concrete Gutter,Curb Elements and Traffic Separator 522 Concrete Sidewalk and Driveways 527 Detectable Warnings Project Specific Specifications include: 03 30 00 Cast-In Place Concrete 32 4100 Bollards DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SECTION 32 41 00-BOLLARDS PART 1—GENERAL 1.01 WORK INCLUDED A. The contractor shall provide all labor, materials, and appurtenances necessary for installation of the anti-ram bollard systems and non-rated bollards defined herein for Hostile Mitigation Barrier Project 1.02 QUALITY ASSURANCE A. Perform all concrete work in accordance with ACI 301 and ACI 318. B. Bollards shall be installed in strict accordance with the manufacturer's recommendations. 1.03 REFERENCES A. ASTM A36—Standard Specification for Carbon Structural Steel B. ASTM A53 — Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc- Coated, Welded and Seamless C. ASTM A106 — Standard Specification for Seamless Carbon Steel Pipe for High Temperature Service D. ASTM A123 Standard Specification for Zinc (Hot-Dip Galvanized)Coatings on Iron and Steel Products E. ASTM A500 — Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes F. ASTM A615—Standard Specification for Deformed and Plain Carbon Steel Bars for Concrete Reinforcement. G. ASTM A992—Standard Specification for Structural Steel Shapes H. ASTM C39 — Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens I. ASTM C143—Standard Test Method for Slump of Hydraulic Cement Concrete J. ASTM C150- Standard Specification for Portland Cement K. ASTM C173 — Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method L. ASTM C231 —Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method M. ASTM F2656 — Standard Test Method for Vehicle Crash Testing of Perimeter Barriers 1.04 SUBMITTAL A. Product Data: Submit the manufacturer's literature, including descriptive product data and current specifications for manufactured projects showing compliance with specified requirements and installation instructions prior to installation. B. Drawings: Submit Shop Drawings with Dimensions, General Construction Component Parts, and Anchoring Details for Approval. Hostile Mitigation Barrier Project 32 41 00 - 1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D C. Certificates of Compliance: A minimum of seven days prior to delivery of the equipment, submit certificates of compliance for all products specified in this section. Each certificate shall be signed by an authorized representative of the Contractor stating that the products comply in all respects with the Contract. D. Manufacturer's Instructions:Manufacturer's recommended installation instructions and manufacturer's installation drawings. E. Test Procedures: prepare test procedures required to demonstrate a complete and functional system for all products. F. Operations and Maintenance Data: provide the following operations and maintenance data for all products specified: a. Submit 3 hard copy sets prior to final inspection, bound in 8-'/z inch by 11 inch three ring vinyl binders with durable covers. Submit one electronic copy in word- searchable(i.e. text-recognizable)bookmarked,PDF format.Provide the entire O&M Manual in one PDF file. Bookmark and organize the electronic copy identically to the hard copy. b. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS",title of the project, and subject matter of the binder when multiple binders are required. c. Internally subdivide the binder contents with permanent page dividers, logically organized as described below;with the tab titling clearly printed under reinforced laminated plastic tabs. d. Contents: Prepare a Table of Contents with an entry for each product or system. e. Part 1:Directory, listing names, addresses, and telephone numbers of major equipment suppliers. f. Part 2: Operation and maintenance instructions, covering the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes including recommended cleaning methods and materials and special precautions identifying detrimental agents. 1.05 PRODUCT HANDLING AND STORAGE A. Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft. PART 2—MATERIALS 2.01 MANUFACTURER A. M30 Rated Anti-Ram Bollards 1. The anti-ram single bollard fixed system shall conform to the M30/P1 design. This system shall be tested and certified to meet ASTM F2656- Impact Hostile Mitigation Barrier Project 32 41 00 -2 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Condition Designation M30, Penetration Rating P1, with the with capability of stopping a 15,000 lb.vehicle traveling at speeds up to 30 mph. 2. The anti-ram array fixed bollard system shall conform to the M30/P1 engineered design. This system shall be M30/P1 Engineered based on test results of similar design. Engineering analysis shall be based upon ASTM F2656, Impact Condition Designation M30, Penetration Rating P1, with the with capability of stopping a 15,000 lb. vehicle traveling at speeds up to 30 mph. 3. The entire anti-ram bollard system, and all associated accessories and fittings shall be obtained from a single source. 4. Acceptable manufacturers include: a. Barrierl b. Bulwark c. Calpipe d. Gibralter e. Approved Equal B. M50 Rated Anti-Ram Bollards 1. The anti-ram single bollard fixed system shall conform to the M50/P1 design. This system shall be tested and certified to meet ASTM F2656, Impact Condition Designation M50, Penetration Rating P1, with the with capability of stopping a 15,000 lb.vehicle traveling at speeds up to 50 mph. 2. The anti-ram array fixed bollard system shall conform to the M50/P1 engineered design. This system shall be M50/P1 Engineered based on test • results of similar design. Engineering analysis shall be based upon ASTM F2656, Impact Condition Designation M50, Penetration Rating P1, with the with capability of stopping a 15,000 lb. vehicle traveling at speeds up to 50 mph. 3. The entire anti-ram bollard system, and all associated accessories and fittings shall be obtained from a single source. 4. Acceptable manufacturers include: a. Barrierl b. Bulwark c. Calpipe d. Gibralter e. Approved Equal C. M30 Retractable Bollard 1. The anti-ram bollard shall conform to M30/P1 engineered design. This system shall be M30/P1 Engineered based upon ASTM F2656, Impact Condition Designation M30, Penetration Rating P1, with the capability of stopping a 15,000 lb vehicle traveling at speeds up to 30 mph. 2. The entire anti-ram bollard system and all associated accessories and fittings shall be obtained from a single source. 3. The bollard shall be capable of raising or retracting with a maximum of 30 lb of force. 4. All components shall be stainless steel, Grade 316. 5. The bollard shall be lockable in the raised and lowered positions. 6. A built in pump shall be capable of removing any water seepage. Hostile Mitigation Barrier Project 32 41 00 - 3 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 7. Bollard shall be flush with pavement when in the lowered position 8. Acceptable manufacturers shall include: a. Barrier 1 b. Approved Equal D. S20'Removable Bollards 1. The anti-ram bollard shall conform to S20 engineered design, capable of stopping a 5,000 lb vehicle,traveling at 20 mph. 2. Engineered bollard shall be based upon ASTM F3016, Impact condition S20, Penetration Rating P1 3. All components shall be stainless steel, Grade 316. 4. The removable portion of the bollard shall weigh no more than 200 lbs. 5. Acceptable manufacturers shall include: a. Calpipe Security b. Approved Equal E. Non-Rated Bollards 1. Bollards shall be precast concrete or stone material. 2. Acceptable shapes include domes, spheres, and cubes. 3. Acceptable manufacturers shall include: a. Petersen Manufacturing Co. b. Wausau Tile c. Barrier 1 d. Approved Equal 2.02 MATERIAL A. Rated Anti-Ram Bollards 1. Steel Beams:ASTM A992 2. Steel Plates, Channels, Angles, or Miscellaneous Shapes: ASTM A36 3. Steel Tubing: ASTM A500, Grade B or C 4. Steel Pipe: ASTM A53, Grade B or ASTM A106 5. Stainless steel bollard covers shall be grade 316SS with a minimum 10 gauge thickness. B. Concrete bollards and bollard covers: 1. All pre-cast concrete covers shall have a minimum compressive strength of 5,000 psi. at 28 days of age when tested by means of 6" x 12" cylinder molds per ASTM C 39. 2. Cement—All cement shall be Type I-II Portland-ASTM C150 3. Color—All color additives shall be liquid color and must be mixed thoroughly per batch to remain uniform throughout as approved by owner or specifier in accordance with manufacturer's recommendation. 4. Air Entrainment — Air must be tested and added as necessary to meet a minimum requirement of 4% and a maximum level of 6% air ASTM C 231, C 173. Hostile Mitigation Barrier Project 32 41 00 -4 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 5. Additives shall conform to the requirements of the bollard manufacturer's recommendations. All additives shall be compatible with one another and from the same manufacturer. 6. Gravel — Sand and rock must be clean and free of iron oxides and must be conveyed from storage to production so as to not separate and deplete. Maximum aggregate size is 3/4". 7. Water - Water must be clean, drinkable, and between 50-70 degrees Fahrenheit. 8. Reinforcing—Reinforcing steel shall conform to ASTM A615 for rebar. G. Non-rated bollards: 1. Steel Plates:ASTM A36 2. Steel Tubing: ASTM A500, Grade B or C 3. Precast Concrete 4. Keystone Coral Block 2.03 FINISHES A. All carbon steel shall be hot dip galvanized to ASTM A123. B. Stainless steel bollard covers shall have a powder coat finish 2.04 FABRICATION A. Anti-Ram Bollard system components shall be pre-cut to specified lengths and fabricated by welding. Bollard assembly base shall have pre-cut holes located per the design to allow for concrete flow. Assembly base shall have adjustable feet at each corner of base. B. Welding of structural steel shall be in accordance with AWS D1.1 and welding of stainless steel shall be in accordance with AWS D1.6. C. Concrete Bollards/Bollard Covers: 1. Forms—The forms for the pre-cast units shall be constructed of metal or fiberglass and designed to withstand casting pressures without distortion. 2. Inserts—All concrete anchors, inserts, bolts, etc. shall be placed and secured in the forms as requiredfor the attachment and handling of the units.these shall be clamped or secured to hold them in position during production. 3. Casting—Face mix must be provided for full unit depth.Forms shall be clean and free of debris.Forms shall be vibrated as they are filled to eliminate air pockets and bug holes. 4. Curing—Pre-cast units freshly poured and troweled must be protected from loss of surface moisture and cold temperatures with thermal blankets and/or plastic. all pre-cast units must be cured in identical conditions. 5. Physical Characteristics—All exposed surfaces are treated to remove the surface matrix and expose the aggregate produced by chemical retardant or sandblasting. all pre-cast shall have water-repellent sealer treatment applied in strict accordance with manufacturer's specifications. 6. Tolerances—All tolerances shall be within 1/8"of specified dimensions, designed for structural analysis and calculation. Hostile Mitigation Barrier Project 32 41 00 - 5 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D D. Keystone Coral Block Benches: Benches shall be cut, providing flat, smooth surfaces. PART 3-EXECUTION 3.01 PREPARATION A. The contractor shall indicate the location of all bollards with suitable means. B. The contractor shall indicate all underground utility locations,USC&G benchmarks,property monuments, and other underground structures. C. The contractor has the option to install deep mounted or shallow mounted bollards. Installation of bollards shall not interfere with existing underground utilities or underground structures. D. Before installing the bollards, all necessary site clearing and grading shall be performed by the contractor. An adequate clearance around entire bollard system layout is required. 3.02 INSTALLATION A. The bollard shall be installed per Manufacturer Drawings and requirements. Bollards shall be installed per product drawings and installation instructions. The 03300 Cast in Place Concrete specification shall govern material requirements for the concrete footer unless otherwise specified by the product drawings or installation instructions. B. The footers shall be installed as represented in the system drawings with a minimum 5000 psi concrete. Shallow mount bollard system shall not exceed bury depth prescribed by the manufacturer. C. Comply with manufacturer's written installation instructions. D. Inspect units upon arrival for damage.Notify manufacturer of any damaged or missing items. E. Units should be installed on a clean, level surface. Units should be set plumb and square within allowable tolerances. F. Precast concrete bollards/bollard covers shall be anchored in per manufacturer's recommendations. 3.03 FIELD QUALITY CONTROL A. As needed to meet the requirements herein, provide the services of a qualified representative of the manufacturers of the products specified in paragraphs 2.01.A, B, C,&D to perform the following: 1. Supervise preparatory work performed by others. 2. Supervise installation. 3. Supervise testing, by the Contractor in the presence of the Engineer to ensure proper operation of the equipment. B. Testing: 1. The equipment shall be tested in accordance with the manufacturer's requirements to demonstrate a complete and functioning system. Submit a Hostile Mitigation Barrier Project 32 41 00 -6 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D testing schedule to the Engineer for approval prior to the start of the product testing. 2. Tested equipment found to be defective or inoperable to any extent shall be reported to the Engineer immediately. 3. Any operating difficulty or defective item shall be repaired or replaced and put into proper operation by the equipment supplier immediately, at no additional cost. 3.03 CLEANING A. The contractor shall clean the jobsite thoroughly to ensure it is left neat and free of any debris caused by the installation of the bollard system. END OF SECTION i Hostile Mitigation Barrier Project 32 41 00 - 7 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SECTION 03 30 00-CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Concrete formwork. B. The work specified in this Section consists of designing mix, furnishing, placing, testing, and curing Portland cement concrete, reinforced and unreinforced, as indicated. C. Concrete reinforcement. D. Concrete curing. 1.02 REFERENCE STANDARDS A. ACI 211 Standard Practice for Selecting Proportions for Concrete B. ACI 301 - Specifications for Structural Concrete C. ACI 304R-Guide for Measuring,Mixing, Transporting, and Placing Concrete. D. ACI 304.2R-Placing Concrete by Pumping Methods. E. ACI 305R-Guide to Hot Weather Concreting. F. ACI 306R-Guide to Cold Weather Concreting. G. ACI 308R-Guide to External Curing of Concrete. H. ACI 318 -Building Code Requirements for Structural Concrete and Commentary. I. ACI Detailing Manual—2004 SP-66(04). J. ASTM A615/615M— Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement. K. ASTM C172/C172M- Standard Practice for Sampling Freshly Mixed Concrete; L. ASTM C33/C33M- Standard Specification for Concrete Aggregates M. ASTM C39/C39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens N. ASTM C94/C94M- Standard Specification for Ready-Mixed Concrete Hostile Mitigation Barrier Project 03 30 00- 1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D O. ASTM C143/C143M - Standard Test Method for Slump of Hydraulic-Cement Concrete P. ASTM C150/C150M- Standard Specification for Portland Cement Q. ASTM C171 - Standard Specification for Sheet Materials for Curing Concrete; R. ASTM C260/C260M - Standard Specification for Air-Entraining Admixtures for Concrete. S. ASTM C309 - Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete T. ASTM C494/C494M- Standard Specification for Chemical Admixtures for Concrete U. ASTM C618 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete V. ASTM C979/C979M - Standard Specification for Pigments for Integrally Colored Concrete;. W. ASTM C989/C989M - Standard Specification for Slag Cement for Use in Concrete and Mortars X. AASHTO M 182—Standard Specification for Burlap Cloth Made from Jute or Kenaf and Cotton Mats 1.03 SUBMITTALS A. Product Data: Submit manufacturers' descriptive product data and current specifications for the manufactured products showing compliance with specified requirements and installation instructions. B. Design Mix: Prior to production of concrete, submit for approval, all mix designs proposed for project. Include with the mix design a standard deviation analysis or trial mixture test data in accordance with ACI 301 Section 4. Use materials in such proposed design mix as specified herein. Make such adjustments in the proposed design mix as directed by the Engineer. Make such adjustments at no increase in contract price. 1. Water shall not be added to concrete mix at the project site unless it is withheld from the mix at the batch mixing plant. Indicate amounts of mix water to be withheld for later addition at project site. If water is added to mix at the Site, perform additional revolutions at the mixing speed to adequately incorporate the additional water into the mixture. C. Provide drawings showing all fabrication dimensions and locations for placing reinforcement and bar supports; indicate bending diagrams, splicing and lap of rods,shapes, Hostile Mitigation Barrier Project 03 30 00-2 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D dimensions, and details of bar• reinforcing, and accessories. Detail reinforcement in accordance with SP-66 D. Manufacturer's certificates for reinforcing bars and accessories: Certify that reinforcing steel and accessories supplied for this project meet or exceed specified requirements. E. Test Reports 1. Submit concrete test reports specified in Part 3 of this Specification. F. Certificates 1. Furnish the Engineer and local authorities requiring same, certificates originated by the batch mixing plant certifying ready mixed concrete, as manufactured and delivered,to be in conformance with ASTM C94/C94M. G. Delivery Tickets: A delivery ticket shall accompany each load of concrete from the batch plant. 1. Tickets must be signed by the Contractor's representative, noted as to time and place of pour, and kept in a record at the site. Make such records available for inspection upon request. 2. Information presented on the ticket to include the tabulation covered by ASTM C94/C94M, Section 16, as well as any additional information the local codes may require. 1.04 PROJECT CONDITIONS A. ACI Compliance: Cast-in-place concrete work shall conform to ACI 301 except as modified by these Specifications or the Drawings. 1.05 SEQUENCING A. Where other construction work is relative to concrete pours, or must be supported by or embedded in concrete,those performing such related work must be given 10 days' notice to introduce or furnish embedded items before concrete is placed. 1.06 DELIVERY,STORAGE,AND HANDLING A. Store reinforcing materials in a manner to prevent excessive rusting and fouling with dirt, grease, and other bond-breaking coatings. 1.07 QUALITY ASSURANCE A. Perform work of this section in accordance with ACI 301 and ACI 318. B. Follow recommendations of ACI 305R when concreting during hot weather. C. Follow recommendations of ACI 306R when concreting during cold weather. Hostile Mitigation Barrier Project 03 30 00-3 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D PART 2-PRODUCTS 2.01 FORMWORK A. Form Materials: Contractor's choice of standard products with sufficient strength to withstand hydrostatic head without distortion in excess of permitted tolerances. 1. Form Coating: Release agent that will not adversely affect concrete or interfere with application of coatings. 2. Form Ties: Cone snap type that will leave no metal within 1-1/2 inches (38 mm) of concrete surface. 2.02 REINFORCEMENT MATERIALS A. Reinforcing steel: ASTM A615. 2.03 CONCRETE MATERIALS A. Cement: ASTM C150/C150M,Type I or Type II-Normal Portland type. B. Fine and Coarse Aggregates: Process aggregate meeting requirements of ASTM C 33 and subject to the following limitations. 1. Coarse Aggregate Size: Produce all concrete using Size No. 57, 67, or 78 coarse aggregate. a. One-fifth narrowest dimension between sides of forms within which concrete is to be cast. b. Three-fourths of the minimum clear spacing between reinforcing bars. c. One-third the slab thickness for unreinforced slabs. 2.04 CEMENT REPLACEMENT MATERIALS: A. Ground Granulated Blast-Furnace Slag (GGBFS): ASTM C989/C989M, Grade 120. 1. Contractor may use GGBFS. B. Fly Ash: ASTM C618, Class F. C. Water: Clean and free from injurious amounts of oils, acids, alkalis, salts, organic material, or other substances that may be detrimental to concrete or reinforcement. 2.05 ADMIXTURES A. Prohibited Admixtures: Use only non-corrosive, non-chloride admixtures Hostile Mitigation Barrier Project 03 30 00-4 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D B. Provide admixtures produced and serviced by established, reputable manufacturers and use in compliance with manufacturer recommendations. All admixtures shall be from the same manufacturer. C. Air Entrainment Admixture: ASTM C260/C260M. D. High Range Water Reducing and Retarding Admixture: ASTM C494/C494M Type G. E. High Range Water Reducing Admixture: ASTM C494/C494M Type F. F. Water Reducing and Accelerating Admixture: ASTM C494/C494M Type E. G. Water Reducing and Retarding Admixture: ASTM C494/C494M Type D. 1. Provide pigmented type,with ASTM C979/C979M inorganic pigments. H. Water Reducing Admixture: ASTM C494/C494M Type A. I. Store admixtures in a manner to prevent contamination, evaporation, moisture penetration or damage. Do not store products longer than 6 months. J. Prior to the mix design review by the Engineer, provide written conformance to the specified requirements of the admixture. 2.06 CURING MATERIALS A. Curing Materials use Curing Materials that will not stain or affect concrete finish or lessen the concrete strength. B. Curing Compound, Naturally Dissipating: Clear, water-based, liquid membrane- forming compound; complying with ASTM C309 Type 1 which are free of taste, odor and complies with low VOC requirements. C. Moisture-Retaining Sheet: ASTM C171. 1. Polyethylene film, white opaque, minimum nominal thickness of 4 mil, 0.004 inch (0.102 mm). 2. White-burlap-polyethylene sheet,weighing not less than 3.8 ounces per square yard(1.71 kg/sq m). D. Burlap:Materials conforming to AASHTO M182. E. Water: Potable, not detrimental to concrete. • 2.07 CONCRETE MIX DESIGN A. Proportioning Normal Weight Concrete: Comply with ACI 211.1 recommendations. Hostile Mitigation Barrier Project 03 30 00-5 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D B. Proportions of Ingredients: Establish proportions, including water-cement ratio on the basis of either laboratory trial mixture tests or standard deviation analysis, with the materials specified herein. 1. Laboratory Trial Mixture Test: ACI 301, Section 4 and ACI 318, Section 5. 2. Standard Deviation Analysis: ACI 301, Section 4 and ACI 318, Section 5. C. Classes of Concrete: 1. FDOT Class IV Structural Concrete: 5,500 psi minimum compressive strength at 28 days. D. Water-Cement(Cementitious)Ratio: 1. FDOT Class IV Concrete shall have a maximum water-cementitious material ratio of 0.41. E. Slump: 1. Concrete, at the point of delivery, shall have a slump of 3 inches (± 1 inch) as determined by ASTM C 143/C 143M; slump value may be increased 1 inch for methods of consolidation other than vibration. 2. Pumped concrete shall have a maximum slump of 5 inches measured prior to pumping. 3. Concrete containing high-range water-reducing admixture shall have an 7-inch maximum slump after admixture is added to concrete with a 2- to 4-inch slump. F. Admixtures: Add acceptable admixtures as recommended in ACI 211.1 and at rates recommended or required by manufacturer. 1. Air Entraining: Use an air entraining admixture in all concrete mixes except counterweight and dry cast concrete. Water-Reducing Admixture: Unless high temperatures occur or placing conditions dictate a change, use concrete containing a water-reducing admixture. 2. Water-Reducing and Retarding Admixture: When high temperatures occur or placing conditions dictate, the water-reducing admixture (Type A) may be replaced with a water-reducing and retarding admixture (Type D). Notify the Engineer of such change and submit product data prior to placement of concrete. 3. Water-Reducing and Accelerating Admixture: When low temperatures occur or placing conditions dictate, the water-reducing admixture (Type A) can be replaced with a water-reducing and accelerating admixture (Type C or E). Notify the Engineer of such change and submit product data prior to placement of concrete. 2.08 SOURCE QUALITY CONTROL A. Compression Test Cylinders: For laboratory trial batches, make in accordance with American Concrete Institute ACI 301. Hostile Mitigation Barrier Project 03 30 00-6 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D PART 3-EXECUTION 3.01 EXAMINATION A. Inspect work to receive cast-in-place concrete for deficiencies, which would prevent proper execution of the finished work. Do not proceed with placement until such deficiencies have been corrected. 3.02 PREPARATION A. Formwork: Comply with requirements of ACI 301. Design and fabricate forms to support all applied loads until concrete is cured, and for easy removal without damage to concrete. 3.03 INSTALLATION A. Placing concrete reinforcement: Place concrete reinforcement accurately and in accordance with ACI 318. 3.04 INSTALLING EMBEDDED ITEMS A. Comply with requirements of ACI 301. Clean reinforcement of loose rust and mill scale, and accurately position, support, and secure in place to achieve not less than minimum concrete coverage required for protection. B. Embedded Items: Pre-position embedded items in advance of new concrete pours. 1. Embedded Pipes and Conduits: Material not harmful to concrete may be permitted to be embedded in concrete upon approval by the Engineer. Items embedded shall satisfy the following: a. Maximum outside dimension not greater than one-third the overall thickness of the member in which it is embedded. b. Minimum spacing between items not less than 3 widths on center nor 3 inches clear between items. c. Item shall not impair strength of member. d. The item(s)to be embedded shall not be made of aluminum. 3.05 PLACING CONCRETE A. Construction of Concrete Elements: 1. Construct the concrete elements indicated on the Contract Drawings or in the specifications. B. Production of Concrete 1. Ready-Mixed Concrete: Hostile Mitigation Barrier Project 03 30 00-7 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D a. Batched,mixed, and transported in accordance with ASTM C94/C94M. b. Add admixtures to the mix in accordance with ACI 301. C. Place concrete in accordance with ACI 304R. D. Preparation 1. Prepare formwork: a. Remove snow, ice, water, and debris from within forms in advance of concrete pours. 2. Pre-position reinforcement in advance of concrete pours. 3. Pre-position embedded items in advance of concrete pours. E. Conveying: 1. Handle concrete from mixer to final deposit rapidly by methods, which will prevent segregation or loss of ingredients to maintain required quality of concrete. 2. Do not convey concrete through aluminum or aluminum alloy. 3. Placing concrete by pumping methods shall conform to the applicable requirements of ACI 304R and ACI 304.2R. 4. Do not place concrete if concrete temperature exceeds 90°F. F. Depositing: 1. Do not drop concrete freely where reinforcing will cause segregation, nor more than four(4) feet. 2. Deposit concrete in approximately horizontal layers of 12 to 18 inches. 3. Do not allow concrete to flow laterally more than three feet. 4. Place concrete at such a rate that concrete which is being integrated with fresh concrete is still plastic. 5. Do not deposit concrete on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within sections. 6. Do not use concrete which has partially hardened or has been contaminated by foreign materials. 7. Do not subject concrete to procedures which will cause segregation. 8. Do not place concrete in forms containing standing water. 9. Do not bend reinforcement out of position when placing concrete. G. Consolidation: 1. Consolidate concrete by vibration, spading, rodding, or other manual methods. Work concrete around reinforcement, embedded items, and into corners; eliminate all air or stone pockets and other causes of honeycombing, pitting, or planes of weakness. H. Cold Weather Concreting: Perform cold weather concrete work in accordance with ACI 306R. I. Hot Weather Concreting: Perform hot weather concrete work in accordance with ACI 305R. Hostile Mitigation Barrier Project 03 30 00-8 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 3.06 FINISHING: A. Formed Surfaces: Provide the following finish to the surfaces of the concrete after removal of forms. Allowable surface irregularities are designed as either "abrupt" or "gradual." Check gradual irregularities using 10-foot straightedge; tie holes and defects shall be patched. 1. "Rough Form" finish: Surface may include roughness and irregularities not to exceed 1/2 inch. B. Unformed Surfaces: 1. General a. In concrete having unformed surfaces, use just sufficient mortar to avoid the necessity for excessive floating. b. b. Slope exposed unformed surfaces to provide quick, positive drainage and to avoid puddles in low spots. 2. "Floated" Finish: Place, consolidate, strike-off, and level concrete eliminating high spots and low spots; do not work further until ready for floating. Begin floating when water sheen has disappeared and when the surface has stiffened sufficiently to permit the operation. 3. "Broom or Belt" Finish: Immediately after concrete has received a Floated finish, give surface a coarse transverse scored texture by drawing a broom or burlap across the surface. 3.07 CONCRETE FINISHING A. Repair surface defects, including tie holes, immediately after removing formwork. 3.08 CURING AND PROTECTION A. Comply with requirements of ACI 308R. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Formed Surfaces: Cure by moist curing with forms in place for full curing period. C. Hot Weather Curing: See Hot Weather Concreting this Section. D. Cold Weather Curing: See Cold Weather Concreting this Section. E. Finished surfaces and slabs shall be protected from the direct rays of the sun to prevent checking and crazing. 3.09 SITE QUALITY CONTROL A. Site Tests and Inspections: Hostile Mitigation Barrier Project 03 30 00-9 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 1. During the period when concrete is being placed, the Approved Agency must perform routine and other testing of materials. a. Provide and maintain adequate and separate facilities for safe storage and proper curing of concrete test cylinders on the Work Site for the sole use of the Approved Agency. b. Strength testing requirements are based on using 6-inch by 12-inch size cylinders. c. Provide containers for transporting concrete test cylinders to the testing laboratory. d. Failure of the Approved Agency to detect defective work will not prevent its rejection later when the defect is discovered. 2. Concrete Slump Test: a. Test Procedure: 1) Determine the slump of a concrete sample from each truckload of concrete upon its arrival at the Work Site. 2) Determine the temperature of the concrete sample. 3) Determine the slump according to the requirements of ASTM C 143/C 143M. b. Acceptance Criteria: 1) Refer to Subparagraph 2.7E. 3. Concrete Strength Test for New Concrete: a. Test Procedure: 1) Secure composite samples in accordance with ASTM C 172/C 172M. a) When pumping or pneumatic equipment is used, obtain samples at the truck and discharge ends. 2) Each strength test will be conducted in accordance with ASTM C39/C39M as follows: a) One 6-inch by 12-inch size concrete cylinder from the same sample will be tested 7 days after the cylinders were made for information. b) An additional two 6-inch by 12-inch size concrete cylinders from the same sample will be tested for acceptance 28 days after the cylinders were made. c) The result of the strength test is the average of the compressive strength results for the 2 specimen cylinders tested at 28 days. B. Non-Conforming Work: 1. Completed concrete work which fails to meet one or more requirements, and which cannot be brought into compliance may be accepted or rejected as provided in this Section. a. The Engineer reserves the right to reject any or all items which do not meet the requirements of the Contract Drawings and Specifications. b. Remove items determined to be non-conforming, and replace the non- conforming items removed with Work that conforms to the specified requirements. 2. Concrete Compressive Strength: Hostile Mitigation Barrier Project 03 30 00- 10 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D a. If concrete fails to meet the minimum specified compressive strength test requirements, the concrete represented by such tests will be considered questionable and subject to further testing and other requirements as follows: 1) Additional curing may be required as directed by the Engineer. 2) When the strength of the structure is considered potentially deficient, structural analysis and/or additional testing may be required. a) If in the opinion of the Engineer there is cause for concern over the adequacy of the structure regardless of the results of any previous tests, additional tests of the hardened concrete may be required. END OF SECTION Hostile Mitigation Barrier Project 03 30 00- 11 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX G Post Award Forms DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D .N1:Ii•MI 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 Confract, 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D PERFORMANCE AND PAYMENT BOND FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. • Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:3F8AE000-9dA3-4912-BC7F-56dC4E7DFB6D cortOrigAri:cktrs org ..pitaarm 09' kr.17 (0640 awe/Iowa 110).110 b.gpartrriOntof,itate:: I bkaAjgctorpgpxdmlei ,e041:chRecords I Search ILflIty Name I Detail by Eirttity Name' - - Froadoimited:Liontybommst tAppp§:ENONE63ING.L1;0;7 Mad Intormatiern -Document Number ,LI6000020380 '.FEI/EIN Number '47-3077227 • Date Flied 02,/-*Roio Effective Date 02/02/2015 state FL • ptatus PcTive- :LastEVent LO AMENDMENT: ,,Event'Date Flied ,04/23/2016 ' Event Effective Date NONE Principal Ao-dr"! 14030 NW 82nd AVe• 'IViiami'Lakes.,FL 33016 Changed t'0013/2019 Mailing Addrees, 14030 NW 82nd Ave. Miami Lakes;FL 33016 ',Phanggdf,04113/2910 nistered Agent Name&Address. OF LA HOZ OLIVE,FRA;Ll.)IS.O 14030 NW82rid Ave, Miernj LakeC FL33016; Address Qhanged:04/00/2021 Authorized Person(0)Detail 'Name-4 Addrese, 'Title.President DE LA HOZ OLIVERA,LUIS a 14030 NW 82nd Ave Miami!Awe-,FL 3301.6 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Annual Reports Report Year Filed Date 2020 04/19/2020 2021 04/09/2021 2022 04/12/202.2 Document Images 04/12/2022—ANNUAL REPORT View image in PDF format 04/09/2021—ANNUAL REPORT View image in PDF format 04/19/2020--ANNUAL REPORT View image in PDF format 04/13/2019—ANNUAL REPORT View image in PDF format 03/19/2018--ANNUAL REPORT View image in PDF format 01/28/2017--ANNUAL REPORT View image in PDF format 02/15/2016--ANNUAL REPORT View image in PDF format 04/23/2015—LC Amendment View image in PDF format 02/03/2015--Florida Limited Liability View image in PDF format Florida Department of State,Division of Corporations Pin RI IRMITTAI nI IFcTIONNAIRE-CONSTRUCTION DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SECTION 1 - BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2022-416-ND Bollard Installation BIDDER'S NAME Tadeos Engineering LLC NO.OF YEARS IN BUSINESS 7 NO.OF YEARS IN BUSINESS LOCALLY 7 NO.OF EMPLOYEES:6 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS N/A BIDDER PRIMARY ADDRESS(HEADQUARTERS):14030 NW 82nd Ave. CITY Miami Lakes STATE FL ZIP CODE.33016 TELEPHONE NO..305-9034816 TOLL FREE NO. FAX NO. BIDDER LOCAL ADDRESS.14030 NW 82nd Ave. CITY:Miami Lakes STATE.FL ZIP CODE 33016 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Luis O.de la Hoz Olivera ACCOUNT REP TELEPHONE NO. 3064903-8816 ACCOUNT REP TOLL FREE NO. ACCOUNT REP EMAIL IulsQtedeosenglneering.com FEDERAL TAX IDENTIFICATION NO..47-3077227 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 Luis O. de la Hoz Olivera Representative: President 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 bi DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D to reach every bidder having received solicitation through the City's e- procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt LOH Addendum 1 LOH Addendum 6 Addendum 11 LOH Addendum 2 Addendum 7 Addendum 12 LOH Addendum 3 Addendum 8 Addendum 13 LOH Addendum 4 Addendum 9 Addendum 14 LOH Addendum 5 Addendum 10 Addendum 15 kiditional contirmatiui addendum i, __auired,submit under separate coy 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 percentagt Directorship/Office type Luis 0.de la Hoz Olivera 100% 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2022-416-ND Project Title Bollard Installation Reference No.1 Firm Name: FOOT, District 6 Contact Individual Name and Title: Bencze Vajta Address: 14655 SW 122 Ave, Miami, FL 33186 Telephone: 305 640-7287 Contact's Email: Bencze.Vajta@dot.state.fl.us Narrative on Scope of Services Provided: Construction, reconstruction including removal of concrete sidewalk, curb cut ramps and curb& gutter on various State Roads. Implemented extensive daily Maintenance of Traffic(MOT)procedures at heavy traffic roads within Miami Dade County. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D _iference No.2 Firm Name: Miami Dade County Contact Individual Name and Title: Nelson Medina, Facility Supervisor Address: 777 Glades Road Boca Raton, FL 33431 Telephone: 786-521-1467 Contact's Email: Nelson.Medina2@miamidade.gov Narrative on Scope of Services Provided: Design-Build of playground including bollards at seven different locations in Miami Dade County area. Reference No.3 Firm Name: FDOT, District 6 Contact Individual Name and Title: Rick Estripeaut, Project Manager Address: 3998 FAU Blvd Ste 309 Boca Raton, Fl 33431 Telephone: 9 54-444-80 61 Contact's Email: ricke@cegroupfl.com Narrative on Scope of Services Provided: Epoxy and Carbon Fiber structural repairs to cracked and spalled concrete beam for Bridge Number 860507, Stirling Road/SR848 over SR91/Florida's Turnpike in Broward County.Implemented extensive daily Maintenance of Traffic(MOT)procedures at the Florida Turnpike. Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES 0 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 0 NO If yes,why? 5.Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? j YES 0 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 aoolicant comoanv or any of its owners. directors. officers, or agents been convicted of a crime or had a claim that was DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Ilicu 111 a wuIL aitu Illculatcu ul al umaLcu uulllly UIG Ia.7L iive (5)years? YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? YES NO If yes, state the name of the affiliate? 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? YES NO If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? YES NO If the answer is"yes," provide the following information for each individual and the affiliated company. ype ui affiliation(e.y, 'eriod of Individual s name Affiliated company's name affiliatic officer,director,owner or emninvmQ) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5)years? YES NO If yes,explain and attach, as applicable, the relevant case and court documents, including(but not limited to):the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? YES NO If yes,explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case, a copy of the notice of commencement. 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? YES NO If yes, explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five (5)years, whether the project was publicly or privately owned? lJ YES NO DocuSign Envelope ID 3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D If r��, cA'AoIII. 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? YES NO If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES NO If yes, explain. 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent,an employee of the City of Miami Beach? YES NO If yes, state name,title and share of ownership .mare 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If yes.list name(first and last name)of individuals:occupation,amount and date: ntributor Occupatk, Date of Contributio. 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? 5 YES NO 2 DocuS.p Envelope ID:3F8AE000-9CA3 4912 BC7F-560C4E7DFB6D strolled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). YES NO ertifying Agency Certification Type 22.Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES C NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note: some benefits provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spoust domestic partner,such as medical insurance. irm Provides for Employ:: Firm Provides for Employee BEN-- "irm does not Provide Benefit with Spouses with Domestic Partners Health X Sick Leave X Family Medical Leave Bereavement Leave 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? n YES 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:llsupplierportal.dnb.comlwebapplwcslstoreslservletiSupplierPortal?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 er DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ngress,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 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 Luis O. de la Hoz Olivera Representative: President 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)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 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 Luis O. de la Hoz Olivera Representative: President 2EDocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D subcontractor Work to be completed ,.o of Work 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:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX A Bid Price Form MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON RESPONSIVE. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Bld Price Four 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 NI-) 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 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 discrepancy between the sum of the items in the schedule of values and the total base bid, the Bidder agrees that the total base bid shall govern. In the absence of a numerical value for any item or division,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 an allowance is not used in its entirety, any remaining balance shall be reflected on a deductive change order. TOTAL BASE BID _ cost Miami Beach Convention Center j $ 1/+70 09 SoundScape Park $ I 1}P• f South Pointe Park $1.66,tet.6- Indemnification of City $25.00 Permit Allowance $75,000.00 GRAND TOTAL /G�I �a (TOTAL BASE BID AMOUNTS+INDEMNIFICATION OF CITY•PERMIT ALLOWANCE) $ t 'See Section 0100,Sub-section 12 ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates if any, will be made pursuant to Section 0100, No. 10 Method of Award. SOUTH POINTE PARK ADDITIONAL WORK GROUP NO. 1 Total Item Description Quantity U)h1 Unit Cost .mlity X Unit Cost) 1 Remove and replace existing concrete(4'thick) 100 sY f /Z3 ((0 $ /Zt 3(/o. o p 2_ Furnish and install fixed metal borards 4 EA $ 51 TG4•00 ,$ /741 r t i&4, 3 Maintenance of Traffic 1 • t Am • $ 74 1' t TOTAL $ / 6/4. 45 SOUTH POINTE PARK ADDITIONAL WORK GROUP NO.2 Total Item Description Quantity U I M Unit Cost - 1 Remove and :'ace: -- r concrete((61idi) 90 ss 5 r .00 ' 2 Furnish and install ke , - block harrier 6 EA $ & • L nfflentil 3 Maintenance of Traffic 1 EA $ 3 .I o $ /e}. /0 TOTAL rirny DocuSign Envelope la 3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SOUTH POINTE PARK ADDITIONAL WORK GROUP NO. 3 Total Item Description Quantity U 1 M Unit Cost 'Quantity X Jn! C,stl 1 Remove and replace existing concrete(4'thick) 110 sv S 2 ei-y`t S 3/,'t4.00 2 Furnish and install concrete sphere barrier 36' 15 EA $ 144. f! s 3 3-1'f 3 Maintenance of Traffic 1 EA $ b 1•Ly s Z ec'I- s t* • DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates if any will be made pursuant to Section 0100, No. 10 Method of Award. Total Item Descri•non Quanti U /M Unit Cost tOuant t X Um! NOT APPLICABLE Continued on the follow page. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D SCHEDULE OF VALUES Bidders should fully complete the Schedule of Values to include quantities, units of measure, unit pricing, and totals The cost of any itern(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. MIAMI BEACH CONVENTION CENTER Total Item Description Quantity U I M Unit Cost ruuantrty X and 1 Remove and .ace existi •concrete 4"thick 300 s r S 11; 9 3 s N Z i 4 4.00 2 Furnish and install concrete s•here barrier 36' 23 EA $ 324. 6 $ 1 •11- 3 Furnish and install fixed concrete bollards 25 EA • 10 0 S o. Ol. Furnish and instal fixed metal bollards (Shallow 't 4 Mount 25 EA $ f14 �0 5 �S1 Z (01. 5 Maintenance of Traffic I EA S i fiiiM ininiragill SUBTOTAL MIAMI BEACH CONVENTION CENTER S 1,f 0 11 ,0' SOUNDSCAPE PARK Total Rem Description Quantity U I M Unit Cost IQuanti X Unit Cost) 1 Remove and replace exrstinjconcrete;4'thick 120 Sy S /II./3 1 S (¢,(00 00 2 Furnish and install domed concrete barier 36' 13 EA $ Y,446.(IG $ 33 St3.Q1 3 Furnish and install metal retractable bolards 6 EA $ 1/, u/L. fa s n 60 4 Furnish and Install fixed meta removable bollards 4 EA 1 $ 1, $ q,939. 4 5 Maintenance of Traffic 1 :n S S SUBTOTAL SOUNDSCAPE PARK S 13 OS4 SOUTH POINTE PARK Total Rein Description Quantity U I M Unit Cost IQuantiity X Unit Cost) 1 Remove and replace existing concrete(4'thick) 110 sY $ $2 13 t $ qi iev 0 0 2 Furnish and Install fixed metal bollards , 5 EA $ 3'st, &6 f.44 S ( 3`431 q 3 Furnish and install metal retractable Dotards 6 EA $ II 0 $ 40 0 t*,_0 4 Maintenance of Traffic 1 eA , S S 1 / �L SUBTOTAL SOUTH POINT PARK S , b• TOTAL BASE BID AMOUNT ;MIAMI BEACH CONVENTION CENTER+SCUNDSCAPE PARK 4 SOUTH POINT PARK) INEE End of Bid Price Form DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX B MI AM I BE AC H BID BOND FORM Onl a. licable if checked in the Invitation to Bid Summar LDocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D BID BOND Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS,.that we, Tadeos Engineering LLC as Principal, hereinafter referred to as Contractor, and The Ohio Casualty.Insurance'Company 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 Total Base Bid amount of$ 5%Of Amount aid 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..: 2022.416-ND Title: Bollard Installation 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 Total 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 (10.0%) 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 Miami Beach 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: IDocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D BID BOND, Page,214 IN.WITNESS WHEREpFMeaid Principal and:the Said Surety have duly executed this bOnd thé 10th day of October ATTEST: ,1 PRINCIPAL: Tadeos Ensjineering.LLC (Contract m,) , - - S' n re Signature - SCAOftl;r Print Name Print Name(Principal) 7(24565‹ MMIt6A;-- Ff6;IPEIJV Title Title IN TH 4-!RESENCE OF: SURETY: -110u°— The Ohio Casualty Insumnce.Corhpany igrta ure (Surety Name) Dania Barks Jarrett ad Print Name Attor -ir,iattftirrtitar •P Signature (CORPORATE(CORPORATE SEAL) (Power of Attorney must be attached.) pocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D . . . afr• This Pewit Of Attorney rio4•Oure acts of these named herein,and they, have no truth-ethyl°. .,.-. hind the Company except In the manner arid to the extern herein stated. Lib- •.( si, city 1-tberty•MistUal insurance Company .. fP,' Mutual - ... The'Oftiti.Cestzaity Insurance CoritpanY. Cerb ,ate No, 8205285!964011 ...SURETY WesiAttietriteatl Insurance Oonip4ny -- '- ' POWER OF ATTORNEY' . ... . . KNOWN ALL PERSONS tilt THESE PRESENTS:That The UnteCasually.inatuarice Company is a cciporatern dilly organized under the bwsof the State&New Hampshire,Utak Liberty Mutual Insurance Company Is a Corpottion duty organized width Ma MOO the&elect:filestachusehs,and West American Insurer*Company ma corporation daty.erga0ed under the Yaws et the Sidra of(Adana(herein cdledively call pi the*Cerripunies),pursuant to and by autnthiry Peter,sel forth,do na hereby name;ronstitthe and eepoint. Charles 11 Nielson_Chartesl.Nielservaw id It II litlYCUA'Lined Pfc./led:I:Shawn A.Burton . ._ • . - - all()Meaty et V 'Miami Lake ..1 state of - .Et - ea ithially if there to more thee we named,itia true and laWful altonteeriVact to mac: oiecule,zeal,acknovedge and deliver;for see on itseehail as steely and as its act and need arty and off undertakings.borne,recognizances add other surety obligations,le euraran Oa 'of there presernsand Aril be as binding,umet the Cenipands as 4 thiY have been duly Signed by the President and attested by toosittetacy'af the Companies in their oxen proper kw's. - IN WITNESS WHEREOF,Os oralPerri Attorney haseeceSubscebed byen eathorizeor oticer or Offal of.the Corncianies and the corporate seFds Of the Cot pallid 6vi7eboeh eixo . , . .. theretio dile l2th &lot April ,. -2021l ! Liberty Mutual InstrolicaCompait . , 001,INS, . •,,,,-Atistek, The Orietasuary Insurance COmpani .• 4,,,e,t•Derore„,--% • 4,--_,,wieee,01,;. • tr-ouiPoree,-4. West Amencart lesuranceCoMeanY . o.as' . %'in 'i'r % of,, ,i—i•• 4.% .u; ! 1912 • 0 • 1919, 1- 1, 1991 6 , r G. • •1 0 0 . _ .,e, o Os'g • .co • V. e4': 30% di,e6/2".,11174,_ e,„es..,,,,e ...4, eeeys...,4 • va,...ereiee-A.. By: . r+. . ' .„,....-- :2 8 ..- .6'4. . ),.., 1#1 4, ),1.- 'iff * 1.1, • 5 c .David M Carey,Assistent Secretary .nret.0 State of PENNSYLVANIA ,_ p.Fri County of MOtflOONIERi c-E 0 ..-= Cit this I 2th. day of April • ,. '2 021. tefthe rpe posonaly appeared David M.Carey,veto ecknoWlecleed himself to ne the AssistantSeoetery ut Libel Menial Insurance 8▪ to , ,rn Company,The Ohio Casually Company,and West Are entart Insurance CemOsny,mid that he,.assuch,being authorized so to do,execute the keegolng inshunterd fer:the purposes ..,. .92.- I therein curtained by ageing on toenail of Inc corporations by huntelf as a duty autherized officer- az( ), ....„ IN WITNESS WHEREOF,I hava here.mte,eiteathed my name and atired rny.noterialslaiat Kille ef Prussia,Pentisylvietio:on,the day eel yearirst ethouserniten. rc'e c• ---t• -Z 'o... ..r4,-:7:7,, '''''''4 C1771r070e41111 GI pelywii4o....oatayl..it >4.-; arn...F.r.!,.4.,rierai par& . 01.e-ei -ey o (if/,(..)."Or WrOtutviyr Cemii) E E o 0, wt.:in...ow oq)03.mx.m...e.zuzs By:_,fie)t4.1 .,)/44/le 0.0 •C, .e.i Cmarrimin roTbat 11123614 , •V • S -.......tt,...._ Verod-,Nwnravnu imPrAte.a l'O....1 Teresa Paeella,Netary Pubirc <8 ,-0.-- ...: - cow '14,,ss-51''' tact co co - -,e'• im.,A en 15 - .e.... This Pcvser.of Attorney Its rriede and ran:creed pnsuant to and by authority of the(during By-laria and Authootations Of The tetio Cesueity thsurance Company.t.itietcy Mutual tkrir Insurance Company.and West Artier ican Insurance Company WO resolutions arc new itt fell fame and effed reading as teas: - co 1...121 ARTICLE IV-OFFICERS:Seaton 12.Pourer.at Attorney ._ o c5 g e Any dim or other Woe(of the Ccrporatien autherized for that pentese in writing ey the Chaldean arthe PreSident,and Subject to sueti iintitatioe,as the Chairmen el the?rel e- pres4ent may prescribe,seal apeoint such atterneys4n4aci.as May be necessary-to act in behalf of the Corporation to e'er,execute,seal,aclthedge and defiVelds surety li c any and alt uederfakingS bends recognIzanoas and other surety obYgaticris.Swill attotheyStn•fact,skied to the kmiletces set forth in their respective powers of attorney,shall ea 13 >0 —h have full power to.bled the Corporation by then-signature arid mewl*of any such instruments and to attach thereto the seal at the Ccipaatien When so executed,such g.s o.= z u instruments shall be as binding as it signed Presdent and attested In by the Secretary.Any power or authority granted to any representative or attorney-in.-fad under the.12 to provisions Of Ins afte may to revolted at any time by the Boeld,the?halfwit.the President or by the offroth•Or officers granting such Power Or anthdity ARTICLE XIII-Execution of Contracts:Seder'5.Suiely.Bomis and Undertakings Any offterf of the Outman y art teorized for dirt pirpoae In'writeg by tire chairman or the President and subfect to stem linitations as the chairman or truo present may prescerbe, — Shalt cement sush'itterneys,imfact as nay be nereassairto act in behalf ot the Company to make,execule,seal,ackeowtedge and deliver as slimly any and A undertheinge bonds,recognizances and other surety otegatiorts.Such attorneys-in-fact staled to the Smitatione set forth in that respective powers of attorney,shalt have hit power to bnd the Company tiy their signalthe and°Emhart of any sum instruments and to attach Mcfelo.the seal of the Company.When so executed SOO Instrumerus,shad be as binding as it signed by the preederit and attested by the secretary, Certificate of Dellgnstion-The President et the Company,acting pursuant lathe Bylaws et the Company‘tiuthatize;David M.Carey,Ast&ont&society to agipont such attorneystre Tact as-may be necessary to act on behalf of the Company to rilake,execute seal,seiereeladge and Oilier as surety any and all undertkeigs,bonds.rotegnizances and Other surely obligatiene. Authorization-Sy unanimou,s.consent of the Company's Board of Dreams,the Company consents that tacSenile or inechanimily reproduced signahae of any assidant secretary of the ..Company,WhEmlver appearing upon a ciartfled cony or any pear of attorney issued Iv the Ciampany in connection Oil surety bonds.Mit be valid and binding upon the Company with the eame force and effed as thdigh Manually Axed I,Renee C.ltewellyn,,the undersigned.Ass'Stant Secretary.The Ohio Caseatry insuraece•Compary„Liberty Mutual Insurance Company.and West Amorten'Inf.:et:thee Company do hereby Certify that the original trove'of attorney of,Act the foregoing is a full,true and eortect copy at the Power of Attorety OCISited by ead Cirmanies,'q in MI foto andeffed and eas not been wicked . . . IN TESTIMONY WHEREOF,I nave hereunto set my hand and attired the seats of se'd Companies this I Oth day ol .t.kieber ., 2021' °M . toy me" •Z 4P. ,b 0 if 4.' Is ct ics..tr.: - ra m 2' 1912 0 0 1919 0 2 1991 0 it.14:24. /0° A BY: 0 NO .4 • °. -045105 4- *fa, atioio• Ab Renee C UnTglyo,Astistant'$oore.MiV '9.4 .44 'tk•.-.0 tr..ks...128:3:hilt CCi...-Inole MIA,Cm on; DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX C MIAM ' BEACH Prevailing Wage and Local 'Workforce Participation Programs Only applicable if checked in the Invitation to Bid Summar DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The Requirements of the Prevailing Wage and Local Workforce Participation.Prograrns 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 2: 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 Allan Gonzalez at AlianGonzalez©MiamiBeachFL.gov or at 305-673-7490. II. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit (RCA).As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the Contractor shall submit a Responsible Contractor Affidavit 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 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D opportunities for Miami Beach residents: Failure to submit the RCA shall result in the bid or proposal being disqualified and deemed non-responsive. 2. 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. Balance of Pagte Intentionally Left Blank DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D • • •LOCAL WORKFORCE PARTICIPATION'PROGRAM Responsible-Contractor Affidavit'Form, In accordance plat ANaerq.5oolon 31.40 of we i semieeach Code,Brcorlxwrs end aceontradord d anjl bar parts iep on•c1y caneod yvluod In excess ar 31,500,000 for il)ma consingtion,dernoNon.aroratlan endlor fep]r of city bulOcas or aty public u'oncs ptoees,or(o)a ccntraa vgruod In excess of$1,500,000 viblot pravid5 for paOately-unundtid eonstrucfon,oommoon:n.am5on drldlor Of OaWOO of improwmeats!oats d cif dtpotmed Innd,one aicch are sub act to Socifen 31-40 of the nano Burtch Cady o tpol comp),vtth mo!pouffe-moots of tro Locci WM.:tomstoroldpoUanProgram. _ • The undersigned Contiactorafilmisdhat,should hire awarded the contract pursuant to this sellcilation,It shall Comply with the following. I. The contractorwlil make its best reasonable efforts to promote employment cape lies for local Miami•Dade County residents and seek to achieve a project goal of having thirty percent(30%)of all construction tube .0 pert` ed by Mlami.Dade county residents. (i. The contractor will also make its best reasonable efforts to promoteemploym nt-opp Mini les or Miami Beach residents.To verity workers' residency,contractori(s)shall provide the residence address of each worker.'. • uus 'per + '6sr9 1. _ • Print Name'ofAdiant Print TideofMilani Signet Afiant • 17VWS.&(,fN 06 (R /40/4 Nanie of Firm Date l 6VID FIB Address Of Firm 'State ZlpCode DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX D Trench Safety Act Certification Only applicable if checked in the Invitation to Bid Summar DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D TRENCH SAFETY ACT CERTIFICATION. PAGE 1 OF 1 IPAPPL1CABLEr THIS FORM MUST BESUBMJTTED FOR BID TOSE DEEMED RESPONSIVE, On"October 1,. 1990 House Bill,3181.-known as'the Trenth SafetY Ad became law. This ticOrporates the 'Occupational Safety 8, Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S:1926.65Q,as Florida's own standards The Bidder,by virtue of the signature below,affirms that the Bidder is aware of this Act,and will comply With all applicable trench safety standards.Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors.The•Bidder is also obligated to identify the anticipated method,and cost of compliance with the applicablelrenChtafety Standards, BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS FOR COMPLYING'WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT,OF THE RESPECTIVE ITEMS INVOLVING TRENCHING,AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH Bit/ITEMS IN THE SCHEDULE OF VALUES. NOR BE CONSIDERED ADDITIONAL WORK The Bidder flirther identified thecosts and methods summarized below; Quantity Unit Description Unit Price Price Extended Method AVA Tcital $ /S • Name of Bidder Authorized Signature of Biddy CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for IndemnificatiOn of City $26.00 OCost for Compliance to all Federal and State reqUirementt of the Trench Safety Act* [NOTE: If the box above is checked,the Bidder must fill outthe foregoing Trench Safety Act Form In order to be considered responsive.] DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D APPENDIX E A,. 11 Contract DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D CONTRACT THIS CONTRACT('Contract') is Made and entered into as of the day Of , , 2020, by and between the City Of Miami Beach, Florida, a municipal Corporation(the'CIO and _ _ -11)(PEP95 Oh/Nate/Ai& "Contraotat"): WITNESSETHi that theContradtor, 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 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 and Title: .1:161474;--fl& ilhetik geirtf-/- gt)GMPQ The ContraCtor agrees tO Make payment cif;all,proper charges for labor and Materials required in,the aforenientioned work, and to,defend, indemnify and save harmless City, and their respective officers and employees, front liabilities, damages, losses and costs including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utiliiedby Contractor in the performance Of this Contract The requirements of the Contract Documents, as such term is defined in the invitation by reference to the General Conditions for'Construction Contracts-dated are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Attachment A (the City's General Conditions kir Construction Contracts), Attachment B (Plans and Speficicationt, Invitation to Bid No and all Addenda thereto),Attachment C ( Sunbiz Entity Detail and Response,to the ITB), and Attachment D (Insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, Schedules, shop drawings, issued subsequent to the date of this Contract etc.)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 I Total Base Bid below +.altowanCe aCcotint iterns+/-alternatea+continaencvl dollars($ ) (the "Contract Price'', consisting Of the following accepted items or whet:kites of mirk as taken front the Contractor's Bid Submittal: Total Base Bid _ , _ „ „ $ DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Total Allowance Account Items $ Total Alternate Items(if applicable) $ Total Owner's Contingency • - $ Contract Price . .. $ The Contract Price,exclusive of the Owner's Contingency,includes,without limitation,all costs for all labor; materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery; safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom,even if such'items of Work,are not specifically or expressly Identified as part of a line item in the Bid Price Form.The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time_ Days for Substantial Completion: days from Notice to Proceed No.2 Days for Final Completion: days Liquidated Damages. Failure to achieve Substantial Completion: /day Failure to achieve Final Completions /day 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 written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D The place for gwing.notice.shall'rernain the same asset forth herein, unless Such notice information Is revised in a Contract.amendment duly executed by the City, and the Contractor. Far fhe present,the parties designate the following:. ForCity; Office of Capital Improvement Projects 1700 Cornrention_CenterDrlve, Miami Beach:FL 33139 Attn:'Office of Capital Improvement Projects Director 'With copies to: City Attorney 'City of Mlami,Beach 1700Convention Center Drive Miami Beach;Florida 33139 For_Contractor. TAPE0S 06011 d&.. foha Ake ' A MAI. Gil 13�it4 Attn: (ills p� lttt" DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D IN WITNESS WHEREOF,the abovaparties have caused'this COntractIO be executed by, their appropriate,officials as ofthe date first above Written, ATTEST: CITY OF MIAMI BEACH,FLORIDA By: Rafael E. Granado,City Clerk Alina T. Hudak,City Manager NW] ATTEST: [INSERT CONTRACTOR NAME] By: e4.-cleed.0 4"--k5 RA egl. • Name: Vitt SWAM. 'Name: czif.A;;Lc INAWA14-- fseaq -DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F 560C4E7DFB6D 4T-om-�!>�,®�.y Ron DeSantis,Governor Melanie S.Griffin,Secretary dbr ti.. ;. ; ;�- .. :��• F STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY.LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES . i _• a } _..r .. •ifs DE �i HOZ OL1VERA, LUIS OS- AR •,` TADEOS ENGINEERING LLC`;�; '' 14030 NW 82ND AVE. , is * MIAMI LAKES , FL 33016 _ ' . ile • iars • ►I LICENSE NUMBER: CGC1523427 m EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com o Z:• . o .,• '- Do not alter this document in any form. 1'='•'' r':.i. 1 '�o . This is your license. It is unlawful for anyone other than the licensee to use this document. ❑ .c4-. - DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DIVISION OF CORPORATIONS f" + LlywrAn o .�JJ /; O;C.ti•rrrrjP1 1W tyticahl juror 0/r1tu i/YJ.ovors, pepartment of State / Dmgon of Corpo a sons / Search Record@ / Seantt by Entity Name/ Detail by Entity Name Florida Limited Liability Company TADEOS ENGINEERING LLC Filing Information Document Number L15000020350 FEI/EIN Number 47-3077227 Date Filed 02/03/2015 Effective Date 02/02/2015 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 04/23/2015 Event Effective Date NONE Principal Address 14030 NW 82nd Ave Miami Lakes, FL 33016 Changed: 04/13/2019 Matting Address 14030 NW 82nd Ave Miami Lakes, FL 33016 Changed: 04/13/2019 Registered Agent Name&Address DE LA HOZ OLIVERA, LUIS 0 14030 NW 82nd Ave Miami Lakes, FL 33016 Address Changed: 04/09/2021 Aurttiorized Personla)Detail Name&Address Title President DE LA HOZ OLIVERA, LUIS 0 14030 NW 82nd Ave Miami Lakes, FL 33016 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Annual Reports Report Year Filed Date 2020 04/19/2020 2021 04/09/2021 2022 04/12/2022 Document Image 04/12/2022—ANNUAL REPORT View image in PDF format 04109/2021—ANNUAL REPORT View image in PDF format 04/19/2020--ANNUAL REPORT i View image in PDF format 04/13/2019—ANNUAL REPORT View image in PDF format 03/19/2018--ANNUAL REPORT View image in PDF format 01/28/2017--ANNUAL REPORT View image in PDF format 02/15/2016—ANNUAL REPORT View image in PDF format 04/23/2015—LC Amendment View image in PDF format 02/03/2015--Florida Limited Liability. View image in PDF format • Florida Department of State,Division of Corporations • DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Vlt'9. Request for Taxpayer. core ramiethe ,,,Octotud2019 Identification.Number and Certification requester Do,not Dip�tmentce be Tummy. - ' send to the 1RS Internal Roverwa Seek°. .tr•ad la,Witiniidi:Qov/FonriW9 for instructions and the latest information. - 1•Nante(es Mowry-on-your Income tax Tatum).Name is requited on tab ri :co not loove.>hts lineblank. Tedeos Engineering.Ltd i2'•Busies-hamofdhuogmded entity hama:It different.tram above, - II `3 Chuck appropriate box for federal tax cIasb flcatfol ot1t)o person Whose name Is entered,oe line I Check only aria of rho 4 Fxemptions(codess apply only to A fo%towing seven faxes: certain oatitles;not tndivlduals;sap O. o �.ledvrdunilsule proprietor or d C OorpOratfpq �'S Cmperaibn• p Pa tnershlp• 0 Truetresta insuutxionvon Raga : te s"ngla lC=roprrber •F�iemet payee code(it attyl. .o 0 limited liability company,.Enter the tax classifisatIon(CGC corporation,3=S corium:non,t?-Pa ershlp)► 6 g Note:Chock me appropriiito box et did lineabove rer the tax clasatictttlbn'of the_aingio-rnembaowner. Co• notcheek ,Exemption trim FATCA nesting e c LLC It ttio:LLC Is ota:sftred as o single-ntambei LLr that is dkrc gamed from the owner unless Itjo od,mer or the LLC is code of any) 9C another iLCthat is not disregardedfrortitheaims.for U,S.federal tax.purposes Otherwise.asinglermenibnr1,1Cthat O. a ix dlaregardud from trio owner shoukt chock the appropriate box for the tax ctisslfdation of its owner- El.Airier(tref instruCtto±t9)t► _ _ e. in.rcni.h mu+hmi•die1 Er•US3 to'.5 AilMass,tnumbor.stroot.and apt,orsuito no.),See lampoons: - -- - --.- - Reauaatcr's_name and address(optional) 8 14030 NW82nd•Ave. - .6 ray;stato,and21Pcede Miami•Lak®s,FL 33016 7-List amount number(')hero(optional) • Part I Taxpayer tdentification.NUmber(T1N) - - - Enter Your TIN in•the appropriate box:TheTIN provided Must match the nettle given on line 1.to avoid !'Social security number, :1 backup Wit holding.For Individuals,this he generally your social sea trity number(SSW'However,frit a. resident ailen.sale proprietor;or disregarded entity,,see the instructions for Part i,later.For other — — entities;it is your employer identification number(EIN)„if you do not have a number,:see Row to gel a • 11N,later. or'mote:if the account Is In:more than one name,see the instructions for line 1.Atte see What Name and )'Employer IderrtiiTcation number 1. NurnberTot?(ve'the Requester far guidelines on whose number to enter. • 4 7 — 3 0 7 7 2 2 7 Part II Certification Under penalties-of perjury,I certify that• 1.Tho number shown on this form Is my correct taxpayer Identification number(or I am wetting for a number to he issued to me);and 2:1 am not subject to backup withholding because:(a)l ern exempt from backup withholding,rr(b)I have not been notified by,the Internal Revenue Service(IRS)that 1 amsubject to backup withholding as a result of a failure to report all interest or dividends,o r(c),the IRS has notified me that I.am re longer subject to.backup Withholding;and, 3.1 am a-U.S,either or other U.S.petson.(deflned below):and 4.The FATCA code(')entered on this form(if'arly)indicating that I am exempt from.FATCA reporting'is correct: Certification instnictlons.You must cross out it" 2 a f you have-been notified by the IRS that you'are eurtently subjdct to backup Withhoidirig•because you have failed to reportall interest and dividen on - tax etdrn.For real estat8 transactions,item 2 does not apply-For mortgage interest peid. acquisition or abandonment of.secured,property cane 11 tion debt;contributions to an individual retirement arrangement(IR!(),,and generally;payments. other than Interest and dividends,you are not 'aired t sign t1 Certification.but you must provide yourcorreta TIN:See the instructions for Part ll•later. Sign $tgnaturemi Data Qf � Here us.pout► ,�. .� ./ General instructions •Farm 1099-QIV(dlvldends,Including those irett5 stocks or mutual lands), 'Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,or gloss •noted. •proceeds). Future developments-For-the latest Information about developments ..Fort 1099-9(stock or mutual fund sales and certain.other• related to Form W-9 and its instructions,such as legislation enacted •transactions by brokers) after they were published;go to www.lrs.gov/FaiinW9. Form 1099.S(proceeds from teal estate transactions) Purpose of Form •Form 1099-K(Merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Penn 1099(home mortgage lnterest),1098-Eystudent loan interest)„ •in►omietion return with the IRS must obtain your correct taxpayer 1698-r(tuitton)- Identification number(i'IN)whlch may be your social security number •Form"1099-C(canceled debt), (SSW Individual taxpayer identification number(ITIN),adoption Form 1099-A'(acquisition or abandonment of secured'property) taxpayer tdentificatron number(ATIN);or employer Identification number (EIN),to report on On Information return the amount paid to you,or cater Lite Form W-9.oniy il:you are a U.S.person(including a resident amount reportable on an Information return:Examples of information alien),to-provide your correct TIN; returns include,but are not limited to,the-following. if you do not return Fdnn W 9 to the requester with a TIN,you might •Form 1099 INT(Interest earned or paid) be subject to bacfrup withholding,See Wnatis backup withholding,. rater • Cat,No,.10231X Form W-9(Rev.10.2016) DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D 17aa Local Business Tax Receipt p Miami-Dade County, State of FloridaLBT -TIfISIS NOT ABILL-00 NOT PAY 7190474 `iT ; swain SAMIEJLOCATION RUM No. EXPIRES TADEOS ENGINEERING LLC RENEWAL SEPTEMBER 30,2023 14030 NW 82ND AVE 7471979 Must be displayed at place of business MIAMI LAKES FL 33C16-1547 Pursuant to County Code Chapter 8A-Art.9&10 OSSMl SEC TYPE a BUTT sS RaYYEfR tltCflRO IADE05 ENGINEERING LLC 196 GENERAL BUILDING CONTRACTOR SITU mtuctca C/0 WS 0 DE LA NOZ OIILERA MGR CGC1523427 545.00 08/08/2022 Worker(c) i INT-22-384463 fits local Business Tax Recaiptonty confirms payment of Ms local Business Tan The Receipt is not a hceine, permit or a r.e,htuttun of me holdw c qualI cntwas to do busmen Holder must comply with any yorernaanfal or irongo.,erwreerai regulatory laws and,aqurromaats whn:h apply to the bestness Toe RE CEIFT NO above must bo displayed at all coameerciai vehicles-Miami-Dada Code Sec 11a-176 lot more information.Mil W 1 midIikari ME4Q11BBGMF -DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Ron DeSantis,Governor Melanie S. Griffin,Secretary s a ,1 ,, NIdbr .. - "'1 * STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD '1_ A THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489.�_FLORIDAATATUTES .. .. i,„ : ....,: ;.:._, _„..._.,„. 4.,„... .,... „.: .. DE ' HOZ OLIVERA, LUIS OISCAR TADEOS ENGINEERING LLC ,' '.Ciri>r 14030 NW 82ND AVE. j 1 MIAMI LAKES .t t FL 3301., * .. q,/, "-- —/ i ,,i b:. OP,If LICENSE°NUMBER: CGC1523427 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com '' ' '- Werj Do not alter this document in any form. ��. 7 I'=r�r:•. •,a. This is your license. It is unlawful for anyone other than the licensee to use this document. ❑' .. st / DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D Date CERTIFICATE OF LIABILITY INSURANCE I 10/6/2022 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer8: Insurer C: Holiday, FL 34691 Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence $ Commercial General Liability y Damage to rented premises(EA Claims Made El Occur occurrence) $ Med Exp $ Personal Adv Injury $ General aggregate limit applies per: General Aggregate $ D Policy ❑Project ❑ LOC Products-Comp/Op Agg $ AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Auto Bodily Injury All Owned Autos (Per Person) $ Scheduled Autos Bodily Injury Hired Autos 11 (Per Accident) $ Non-Owned Autos ' i Property Damage (Per Accident) $ EXCESS/UMBRELLA LIABILITY Each Occurrence IOccur ❑Claims Made Aggregate Deductible A Workers Compensation and X WC Statu- OTH- Employers'Liability WC 71949 01/01/2022 01/01/2023 I tory Limits ER E.L.Each Accident $1,000,000 Any proprietor/partner/executive officer/member excluded? NO E.L.Disease-Ea Employee $1,000.000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 Other Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 98-67-329 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Tadeos Engineering LLC Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates@lioninsurancecompany.com Project Name: ISSUE 04-21-22(PH).REISSUE 10-06-22(KLT) Begin Date:12/1/2021 CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH •Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to c/o EXIGIS INSURANCE COMPLIANCE SERVICES do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. P.O.BOX 4668-ECM 35050 /��[ NEW YORK, NY 10163 � / `J v ` ` �....V' DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D . Ilil ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYYY) klee...-."- 10/06/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Cnstian Monteagudo _.. PHONE FAX No,Superior Insurance (ac. w, (954)862-1411 (A/C,No): 1301 International Pkwy E-MAIL cristian@snsk.com Suite 320 _ INSURER(SIAFFOROING COVERAGE _-_ NAIC• Sunrise FL 33323 INSURER A: MT HAWLEY INSURANCE COMPANY 37974 INSURED INSURER B: EVANSTON INSURANCE COMPANY 35398 Tadeo's Engineering,LLC INsuRERC: HISCOX INSURANCE COMPANY INC 10200 14030 NW 82nd Ave INSURERP__ _ - INSURER E: _ Hialeah FL 33016 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SLID INSO LTR NSD MD POLICY NUMBER (MM MMI/DDIYYYY) IQDJYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENTED —! 50,000 __ CLAIMS-MADE X x OCCUR PREMISES(Ea ou $ X BLANKET AI/PNC MED EXP(Any an $ 5,000 A X BLANKET WOS MGL0194791 01/24/2022 01/24/2023 PERSONAL aADVIN-uRY i 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4$ 2,000,000 PRO- LOC PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X JECT _—t$ OTHER: AUTOMOBILE VABIL.TTY COMBINED SINGLE LIMIT $ (Ea acudent) ANY AUTO BODILY INJURY(Per pwaon) $ OWNED SCHEDULED BODILY INJURY(Peraxldent) $ AUTOS ONLY AUTOS HIRED ' NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY �.__ .AUTOS ONLY (Per accident) X UMBRELLAUAB 1 X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE EZXS3069561 01/24/2022 01/24/2023 AGGREGATE $ 1,000,000 DED 1 X 1 RETENTION$ 0 I $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim $1,000,000 Professional Liability C ANE4957247.21 11/19/2021 11/19/2022 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MIAMI BEACH C/O EXIGIS INSURANCE COMPLIANCE SERVICES AUTHORIZED REPRESENTATIVE P.O.BOX 4668-ECM#35050 , - NEW YORK NY 10163 —/-7 _/ 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID.3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ITB-2022-416-ND-Bollard Installation 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 Agreement, which could result in withholding of payments or termination of the Agreement. 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $2,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site, which is to be used (installed into a building or structure) in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work 1 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D ITB-2022-416-ND-Bollard Installation or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 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 c(�riskworks.corn 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. DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-56OC4E7DFB6D DocuSign Envelope ID:5DFE46FA-FDF2-46FF-8978-01B23EA1DE58 MIAMI B E AC H tatttrad/Doeu*ent ROuting F0011 Contract Mo.• v •W_. .. ,.,. 'title., ... ...•_:-. • BOLLARD INSTALLATION AT MIAMI BEACH CONVENTION CENTER, SOUNDSCAPE PARK AND, 22-415 01 SOUTH POINTE PARK ontract" Requesting Department`:r TADEOS ENGINEERING LLC PUBLIC WORKS DocuSl•ned b .. Daps {e�lx�lirectq•.tiia! itet►it'u .. ;, ACM Namft l�l5ig�atute r': , . • <1 Joe Gome- Eric Carpenter u . /41 p, 501l7"3.6,60+402 Document type(Select One) X Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type 5-Grant agreements with the City as the grantor Other: *MO Sultmlaiy&Purpopaittecii.memo if is,t0itlgnei pece: : :..._.- On November 16,2022,the Mayor and City Commission approved the award of a contract to Tadeos Engineering LLC pursuant to ITB-2022-416-Bollard Installation.The contract has been form approved by the City Attorney's Office and fully executed by the company.Pursuant to the authority established in the commission item,this item seeks the City Manager's signature to finalize the contract execution process. + .. Renewal P a..-.: Tet 1T! (01iginai4 Renew)'... • N/A �. N/A N/A Funding rtfotma 2 Grant Funded: No - State Federal • Other: N/A M Cost lir fun fling Source +h�e..)G ,......4. . ..ur_.v. . (kgooZ,;..,., • l „itequIre Enhancement. N/A $726,208.38 392-0810-000674-20-410-596-00-00-00-22423 No N/A $174,023.97 392-0810-000674-20-410-596-00-00-00-22323 _11111© No N/A $342,060.65 392-0810-000674-20-410-596-00-00-00-22223 _E11© No N/A $545,502.76 440-0810-069357-00-418-000-00-00-00-22922 No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating budget. p. . �15 ..y z .... 41....Z; City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: N/A C21 11-16-2022 If no,explain why CC approval is not required: Legal Form Approved: 1 X I Yes ( I No If no,explain below why form approval is not necessary: Procurement: Alex Denis Ak 4_,1;s Grants: N/A DocuSlgned Budget: T.la_eka ttoa Iry9 �tA e 'Ynformation Technology: N/A LUe4Abluull4'bJJD. GINOu Risk Management: �M Fleet&Facilities: N/A .—DocuSlgned by: ,--DocuSlgned by: I p,qt i � Human Resources: N/A Other: Kristy Bada nyt Maria Estevez 4fi7 9 � <5,:.i ,. N4A P 'R; r5 -I LIF . JR 7 '. Hr n'Y.2 DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DocuSign Envelope ID:5DFE46FA-FDF2-46FF-8978-01B23EA1DE58 d Reports-C2 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: November 16, 2022 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2022-416-ND SECURITY BOLLARD INSTALLATIONS AT THE MIAMI BEACH CONVENTION CENTER, SOUNDSCAPE PARK, AND SOUTH POINTE PARK. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract to Tadeos Engineering LLC, the sole, responsive, responsible Bidder to Invitation to Bid (ITB) No. 2022-416-ND for security bollard installations at the Miami Beach Convention Center, SoundScape Park, and South Pointe Park and authorize the City Manager and City Clerk to execute a contract. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY In November 2018, Miami Beach residents voted to approve a General Obligation Bond Program, which includes funding specifically earmarked for securing public places. The security bollards included in this award are part of G.O. Bond project#53. To design and assist the City with implementing the security bollards at the noted locations, Gannett Fleming, Inc., an engineering consultant, was engaged to develop a barrier plan to safeguard various facilities and high-volume pedestrian areas from potential vehicular threats. The scope of work includes the installation of 23 concrete spheres, 25 concrete bollards, and 25 metal fixed bollards at the Miami Beach Convention Center; 13 domed concrete barriers, 6 retractable bollards, and 4 metal removal bollards at Soundscape Park; and 5 fixed metal bollards and 8 retractable bollards at South Pointe Park. Through this ITB, the City sought bids from licensed contractors to complete the installation of the security bollards as designed. ANALYSIS On August 24, 2022, the ITB was issued. The Procurement Department issued bid notices to approximately 5,151 companies utilizing the City's e-procurement system, with 79 prospective bidders accessing the solicitation.A voluntary pre-bid conference to provide information to proposers submitting a response was held on August 31, 2022. ITB responses were due and received on October 10, 2022.The City received one(1)response from Tadeos Engineering LLC. Tadeos Engineering submitted a bid in the amount of $1,625,268.87. While it is the sole bid received, the Public Works Department finds the price fair, and reflective of current market conditions and project complexity. The ITB stated that the lowest responsive and responsible Bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. In its due diligence, the Procurement and Public Works Departments found that the bid submitted by Tadeos Engineering LLC meets the requirements of the ITB, including: 1. Licensing Requirements: Bidder shall be State of Florida Certified or Miami Dade County Licensed General Contractor. Tadeos Engineering LLC is State certified as a General Contractor. The state license number is CGC1523427, which expires on August 31, 2024. 2. Previous Experience of Bidder (Firm). Bidder and/or its principal shall have completed at least two (2) projects of a similar nature (projects that include vehicle barrier installation or concrete sidewalk work) for other public or private agency(ies)within the last three(3)years. Tadeos Engineering LLC has completed several projects with Miami Dade County that satisfy the minimum requirement. Accordingly, Tadeos Engineering LLC, the sole bidder has been deemed a 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: DocuSign Envelope ID:3F8AE000-9CA3-4912-BC7F-560C4E7DFB6D DocuSign Envelope ID:5DFE46FA-FDF2-16FF-8978-01B23EA1DE58 certified Small Business Enterprise (SBE), was founded in 2015 in Miami, Florida. It offers a broad spectrum of structural engineering services with a functional and technological focus. The services provided include but are not limited to new construction, additions, remodeling, and shop drawings. Tadeos has not previously completed work for the City but has performed work for Miami Dade County, Florida Department of Transportation(FDOT), and the City of Hialeah Gardens.All references provided positive feedback. SUPPORTING SURVEY DATA Not Applicable. FINANCIAL INFORMATION The bid submitted by Tadeos Engineering LLC, the sole responsive and responsible Bidder, was for the grand total amount of $1,625,268.87.The contract total with City's contingency is$1,787,795.76 Tadeos Engineering LLC Grand Total: $1,625,268.87 Plus 10%Owner's Contingency: $162,526.89 Total: $1,787,795.76 Amount(s)/Account(s): 392-0810-000674-20-410-596-00-00-00-22423 $717,744 392-0810-000674-20-410-596-00-00-00-22323 $323,824 392-0810-000674-20-410-596-00-00-00-22223 $200,725 440-0810-069357=-22423 $545,502.76 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 Tadeos Engineering LLC, the sole responsive and responsible Bidder to ITB No. 2022-416-ND for bollard installation and authorize the City Manager and City Clerk to execute a contract. Applicable Area Not Applicable Is this a"Residents Right to Does this item utilize G.O. Know" item,pursuant to Bond Funds? City Code Section 2-14? No Yes Strategic Connection Non-Applicable Legislative Tracking Public Works/Procurement