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Contract with Lunacon Engineering Group, Corp C DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 2. 5 DocuSign Envelope ID:38444BB8-5DE0-4673-9530-1FB03FEE0168 NG R G S Cd Contract No.22-607-01 CONTRACT 2/14/2023 I 11:47 EST THIS CONTRACT (`Contract ) is made and entered into as of the by and between the City of Miami Beach, Florida, a municipal corporation(the"City")and LUNACON ENGINEERING GROUP, CORP.(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-2022-607-ND-MAURICE GIBB MEMORIAL PARK PROEJCT The Contractor agrees to make payment of all proper charges for labor and materials • required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid by reference to the General Conditions for Construction Contracts dated April 13, 2020, Solicitation Terms and Conditions—Services dated April 13,2020 and,Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 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 (the City's General Conditions for Construction Contracts dated April 13, 2020, Solicitation Terms and Conditions—Services dated April 13,2020,Contract Provisions for Non-Federal Entity Contracts Under Federal Awards), Attachment B (Plans and Specifications, Invitation to Bid No. ITB-2022-607-ND-Maurice Gibb Memorial Park and all Addenda thereto), Attachment C (Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D(Insurance requirements). For the ,I 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 ten million, three hundred thirty-five thousand, three hundred eighty dollars ($10,335,380.00). 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 $9,320,800.00 Total Permit Allowance Account $75,000.00 Total Alternate Items(if applicable) NONE Total Owner's Contingency $939,580.00 1 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 DocuSign Envelope ID:38444BB8-5DE0-4673-9530-1 FB03FEE0168 Contract No.22-607-01 Contract Price $10,335,380.00 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: Days for Substantial Completion: 540 days from Notice to Proceed No. 2 Days for Final Completion: 60 days Liquidated Damages. Failure to achieve Substantial Completion: $2,200.00/day Failure to achieve Final Completion: $1,100.00/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. • 2 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 DocuSign Envelope ID:38444BB8-5DE0-4673-9530-1FB03FEE0168 Contract No.22-607-01 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 1700 Convention Center Drive Miami Beach, FL. 33139 Attn:Colette Satchel Ph: 305-873-7071 Email'. colettesatchel0riamibeachfl.c1ov 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: rafaelpaztmiamibeachfl.gtov For.Contractor: LUNACON ENGINEERING GROUP, CORP. Attn: Emilio Criado 16890 S Dixie Highway Palmetto Miami, FL 33157 Ph: 305-345-1328 Email: ecriad:oCc,lunaconcorp.com 3 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 DocuSign Envelope ID:38444BB8-5DE0-4673-9530-1FB03FEE0168 Contract No.22-607-01 IN WITNESS,WHEREOF,,tfe'above parttes have caused this Contract to be executed by thetrappropriate officials as:of the date first above written: 'FOR CITY: ATTEST: CITY OFMIAMI'BEACH, FLORIDA r--DocuSii •gned by: /��� 1 a a rt:35 nado,.City-Clerk Aline T..Hu ak; ity Manager Date: 2/14/2023 111:47 EST (seal APPROVED AS.TO- FORM&LANGUAGE' &FOR EXECUTION t SM \City Attorney gWe bate FOR CONTRACTOR:: LUNACON E iNe RIM RSUP,, 1 Name: t+ -t c-=. _ C-.'ANA,D Date: '2 l 07 I to 3 (seal] 1 4 • I DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ATTACHMENT A COMMISSION AWARD MEMO CITY OF MIAMI BEACH TERMS&CONDITIONS DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 1 Reports-C2 B MIAM'IBEARH 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) 2022-607-ND FOR THE MAURICE GIBB MEMORIAL PARK PROJECT(GO BOND PROJECT#10). RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract to Lunacon Engineering Group, Corp., the lowest, responsive, responsible Bidder to Invitation to Bid (ITB) No. 2022-607-ND for Maurice Gibb Memorial Park and authorize the City Manager and City Clerk to execute the contract. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY Maurice Gibb Memorial Park is located at 1700 Purdy Avenue in Miami Beach.A renovation of the park is necessary to remediate petroleum-contaminated soil and implement improvements throughout the park.The improvements are partially funded through the GO Bond (project#10). The City developed a new design for the park with input from the community,which •details the layout of the park elements, including the playground equipment, new plant material, earthwork, new signage, and new park furnishings.The design provides new uses such as a fishing pier, a bay overlook area, a dog park, and picnic areas that will increase recreational activities available within the park.The new design also includes raising the existing seawall and extending the living shoreline to address sea level rise concerns. Adjacent to the project site is a public parking lot, a Marine Patrol office building with docks, public access docks and trailer parking, and two pump stations.These adjacent sites will remain open and operational during construction. However,the on-site public restrooms shall be closed during construction. To engage a contractor to complete the park improvements,the ITB 2022-607-ND was released.The current ITB supersedes ITB 2022-309-AY which resulted in no acceptable bids and could not be awarded. ANALYSIS On August 11, 2022, the ITB was issued. The Procurement Department issued bid notices to approximately 37,236 companies utilizing the City's e-bid system, with 137 prospective bidders accessing the solicitation. A voluntary site visit and pre-bid conference to provide information to proposers submitting a response was held on August 19, 2022. October 12, 2022, responses were received from: Burke Construction Group, Inc, Buslam Company Partners Inc., Florida Construction & Engineering Inc., Florida Engineering and Development Corp., Home Express, Corp., Kiewit Infrastructure South Co., Lunacon Engineering Group, Corp., and Magnum Construction Management, LLC. See Attachment A for a tabulation of bids received. The ITB stated that the lowest responsive and responsible Bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. the Procurement Department and Office of Capital Improvement Projects found that the bid submitted by Lunacon Engineering Group, Corp. meets the requirements of the ITB, including: 1. Licensing Requirements: Bidder shall be State of Florida Certified or Miami Dade County Licensed General Contractor. Lunacon Engineering Group, Corp. is State certified as a General Contractor. The state license number is: CGC 1514246, and it expires on August 31, 2024. 2. Previous Experience of Bidder(Firm and/or its principal). Bidder and/or its principal must have been awarded a minimum of three (3) projects of similar scope and budget within the last ten (10) years, two (2) of which must be completed and the third may be ongoing. A project of similar scope may include site development, construction of a playground, landscaping, hardscape, i DoocuSign.Envelop?ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 __lilllon. Lunacon Engineering Group, Corp. provided three(3)positive and satisfactory references documenting its prior experience. 3. Previous Experience of Bidder(Prime or Subcontractor). Marine Construction Contractor(Bidder or subcontractor and/or their principals) must have experience with two (2) marine construction projects, one (1) completed and one (1) may be ongoing, of similar scope within the last seven (7)years. Similar scope shall be defined as construction and/or renovation of seawall systems. Lunacon Engineering Group, Corp. submitted proof of the required experience for its subcontractor. 4. Previous Experience of Bidder(Firm) Project Manager. Bidder's Lead Project Manager must have completed at least two (2) projects with similar scope and budget.A project of similar scope shall be defined as construction with a hard construction cost of at least$4 million. Lunacon Engineering Group, Corp. submitted proof of the required experience for its personnel. 5. Previous Experience of Bidder(Firm) Superintendent. Bidder's Superintendent must have completed at least two (2) projects with similar scope and budget.A project of similar scope shall be defined as construction with a hard construction cost of at least $4 million. Lunacon Engineering Group, Corp.submitted proof of the required experience for its personnel. Accordingly, Lunacon Engineering Group, Corp. has been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions, and specifications of the ITB. Below is a brief summary of the firm as articulated in its bid response: Lunacon Engineering Group, Corp. ("Lunacon") was founded in 2007 in Miami, Florida. It is a Miami- Dade County certified Disadvantaged Business Enterprise (DBE) that specializes in providing construction management, design-build, and general contracting services. Lunacon has not previously completed work for the City but has performed work for the Village of Pinecrest and Miami Dade County.All references provided positive feedback. SUPPORTING SURVEY DATA Not Applicable FINANCIAL INFORMATION The bid submitted by Lunacon Engineering Group, Corp., the lowest responsive and responsible Bidder, was for the grand total amount of$9,395,800.The contract total with City's contingency is$10,335,380. Lunacon Engineering Group, Corp. Grand Total: $9,395,800 Plus 10%Owner's Contingency: $939,580 Total: $10,335,380 Amount(s)/Account(s): 306-0820-069357-26-410-546-00-00-00-28850 $ 1,013,320 302-0820-069357-26-410-546-00-00-00-28850 $ 1,022,457 366-0820-069357-26-410-000-00-00-00-28850 $ 124,541 302-0820-069357-00-410-546-00-00-00-61920 $542,198 366-0820-069357-00-410-546-00-00-00-61920 $ 1.96,000 391-0820-069357-26-410-546-00-00-00-24919 $4,263,959 303-0820-069357-00-410-546-00-00-00-50522 $ 1,203,750 393-0815-069357-29-410-576-00-00-00-21919 $ 1,969,155 The project has a FIND grant in the amount of$1,203,750.00 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 Lunacon Engineering Group, Corp., the lowest responsive and responsible Bidder to ITB No. 2022-607-ND for Maurice Gibb Memorial Park and authorize the City Manager and City Clerk to execute a contract. Applicable Area Middle Beach • Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 No Yes Legislative Tracking Capital Improvement Projects/Procurement ATTACHMENTS: Description D Attachment A DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 TABULATION INVITATION TO BID(ITB)2022-607-ND FOR MAURICE GIBB MEMORIAL PARK Burke Construction Buslam Company Florida Construction 8 Florida Engineering Kiewit Infrastructure Lunacon Engineering Magnum Construction and Development Home Express,Corp.Group,Inc Partners Inc. Engineering Inc. South Co. Group,Corp.' Management,LLCCorp. Total Base Bid Amount $ 13,831,166.47 $ 13,852,025.00 $ 10,817,025.00 $ 10,317,125.00 $ 10,054,327.50 $ 14,310,350.00 $ 9,395,800.00 $ 12,656,625.00 Footnote 'Recommended for Award DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMI EACH GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (April 13,2020) ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS. 1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the Contract Documents. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein,as follows: "Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules regulations,lawful orders and decrees of governmental authorities having jurisdiction over the Project,Project Site, or the Parties. "Application for Payment" means the detailed itemized documentation, including all supporting documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract Documents. "Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid Submittal"are used interchangeably. "Bidder" means any individual or firm submitting a Bid for this Project. "Change Order" means a written document ordering a change in the Contract Price and/or Contract Time or a material change in the Work(as defined herein). A Change Order must comply with the requirements of the Contract Documents. "CIP InspectorlPWD Field Observer"means a City employee charged with observing and documenting,for internal City purposes only,general observations and conditions of the Project including,without limitation,the weather conditions, the number of workers present at the time of observation, general type of work being performed and taking photographs regarding same. Contractor expressly waives any right to assert as a defense to any claim regarding the Project including, without limitation, any dispute between the City and Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP Inspector or other City employee conducting any field observations during the Project. The Contractor expressly acknowledges that the purpose of such City employee is to observe and document for internal purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be treated as,a person with authority to approve or reject the Work on behalf of the City or any other entity,or to direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to any Claims involving the Project. "City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works 1 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Department permits,or other applicable permits within its jurisdiction,the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Contract. "City Commission" means the governing and legislative body of the City. "City Manager" means the Chief Administrative Officer of the City. The City Manager shall be construed to include the Contract Administrator and any duly authorized representatives of the City as the City Manager may designate in writing at any time with respect to any specific matter(s)concerning the Project and/or the Contract Documents (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project and/or the Contract Documents). "Claim" means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the Contract Documents, payment of money,extension of time or other relief with respect to the Contract Documents or Project. The term"Claim"also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract Documents. Claims must be initiated by written notice in strict accordance with the Contract Documents. The responsibility for substantiating Claims shall rest with the Party making the Claim. All Claims submitted by Contractor must comply with the requirements of the City's False Claims Ordinance,as set forth in Sections 70-300 et seq.,of the City Code, or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and released. "Consultant" means the firm named in the Invitation to Bid Summary as the"Consultant,"that has entered into a separate agreement with the City to perform architectural,engineering,or other design and construction administration services for the Project, and who will serve as the "architect of record" and/or"engineer of record"for the Project.Wherever the word "Architect"or"Engineer"or"Consultant"appears in the Contract Documents, it shall be deemed to refer to the Consultant and/or the design professionals engaged by the Consultant. All communications, directives, instructions, interpretations and actions required of Consultant shall be issued or taken only by or through Consultant's authorized representative(s). "Construction Superintendent" means the individual who is a representative of the Contractor, and who shall be responsible for continuous field supervision,coordination,and completion of the Work,and who shall maintain a full-time on-site, physical presence at the Project Site and satisfy the obligations of Construction Superintendent as provided in the Contract Documents. "Contract" means the written agreement between the City and the Contractor for the performance of the Work in accordance with the requirements of the Contract Documents, and for the payment of the agreed consideration. "Contract Administrator" means the City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate,direct,and review on behalf of the City,all matters related to the Project. The initial Contract Administrator for the Project is named in the Invitation to Bid Summary. "Contract Documents" means all of the documents setting forth bidding information, requirements and contractual obligations for the Project, including this ITB, Contractor's Bid in response thereto, the Contract, 2 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 and the Plans and Specifications, together with all addenda to any of the foregoing, Change Orders, Work Orders, Field Orders, schedules and shop drawings, and all other documents required by the ITB for the completion of the Project. "Contract Price" means the amount established in the Contract Documents as the total amount the City is obligated to pay for full and complete performance of all of the Work required by the Contract Documents (including, but not limited to, all labor, equipment and materials to administer, coordinate, provide related certifications,install and otherwise construct and complete the Project within the Contract Time),and as may be amended by Change Order. "Contract Time"means the number of days allowed for completion of all Work,as stipulated in the Contract Documents,and as may be amended by Change Order. "Contractor" means the individual or firm whose Bid is accepted and who enters into the Contract with the City to construct the Project pursuant to the Contract Documents and who is liable for the acceptable performance of the Work and payment of all debts pertaining to the Work. "Days" means all references to numbers of days in the Contract Documents, shall be construed to mean calendar days, unless specifically noted otherwise. The term "business days" means a day other than a Saturday, Sunday, Federal holiday or any day on which the principal commercial banks located in Miami- Dade County, Florida are not open for business during normal hours. "Field Order" or "Field Directive" means a written order which further describes details or provides interpretations necessary to complete the Work of the Contract Documents but which does not involve a change in the Contract Price or Contract Time. "Final Completion"means the date upon which all conditions and requirements of the Contract Documents, permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by the City; any other documents required to be provided have been received by City; and the Work has been fully completed in accordance with the Contract Documents. "Notice(s)to Proceed"or"NTP" means a written letter or directive issued by the Contract Administrator to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of the Project,and stating any further limitations on the extent to which Contractor may commence and proceed with the Work. Unless otherwise approved by the City at its sole discretion, City's issuance of a Notice to Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate permits and satisfying all requirements of agencies having jurisdiction. However,the City is not obligated to immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at the City's sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions precedent to issuance of NTP. "Owner's Contingency" means that separate fund which is available for City's use at its sole discretion to defray additional expenses relative to the design and construction of the Project, as well as additional expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the Contract Documents. The City retains exclusive use and control of the Owner's Contingency. The Contractor has no right or entitlement whatsoever to the Owner's Contingency,and use of such funds are subject to the Contract Administrator's or City Manager's prior written approval and issuance of a Change Order by the City 3 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 at its sole and absolute discretion.Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. "Parties" means City and Contractor, and "Party"is a reference to either City or Contractor, as the context may indicate or require. • "Plans" means the drawings or reproductions thereof prepared by the Consultant,which show the location, character,dimensions and details of the Work to be done,and which are a part of the Contract Documents. "Project" means the improvements described in the Contract Documents and all Work that is contemplated thereby or reasonably inferable therefrom. "Project Initiation Date" means the date upon which the Contract Time commences. "Project Manager" means the authorized individual which is the representative of Contractor and who will administer and manage the prosecution of all Work on behalf of the Contractor. "Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or Consultant,.identifying matters that remain to be completed to achieve Substantial Completion and to be completed between achievement of Substantial Completion and Final Completion in order that Final Completion can be declared by City to have occurred. "Purchase Order" means the written document issued by"the City to the Contractor indicating types, quantities,and/or agreed prices for products or services to be provided to the City. "Responsible Bidder" means an offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance, including, without limitation,the factors identified in Section 2-369 of the City Code. "Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to a solicitation.A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. "Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract Price. "Specifications" means the general term comprising all of the written directions, provisions and requirements contained in the Contract Documents, as amended, describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or equipment used directly or indirectly by the Contractor in the prosecution of the Work. "Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract Documents such that all conditions of permits and regulatory agencies have 4 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the City, without material interference from incomplete or improperly completed Work and with only minor punch list items remaining to be completed, all as reasonably determined by the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the Consultant; and(3)acceptance of such Certificate of Substantial Completion by the City pursuant to the Contract Documents. "Surety" means the surety company or individual which is bound by the bid bond, or by the performance bond or payment bond with and for Contractor who is primarily liable,and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. "Work" means all construction and services required by or reasonably inferable from the Contract Documents for the completion of the Project, including the provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection, demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and governmental approvals,testing and inspection services,quality assurance and/or quality control inspections and related certifications, training, surveys,studies,supervision, and administration services to be provided by the Contractor, and other items, work,and services that are necessary,or appropriate for the total construction, installation, furnishing, equipping, and functioning of the completed Project, together with all additional, collateral and incidental items, work and services required to achieve Final Completion in accordance with the Contract Documents. 1.2. Interpretation of the Contract Documents. 1.2.1. As used in the Contract Documents, (i)the singular shall include the plural, and the masculine shall include the feminine and neutral, as the context requires; (ii) "includes"or"including"shall mean "including, but not limited to" and "including, without limitation;" and (iii)all definitions of agreements shall include all amendments thereto in effect from time to time. 1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required to perform a service or obligation"at its sole cost and expense"or words of substantially similar meaning,the Contractor shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be included in any Application for Payment. 1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. 1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any item of Work called for in any Contract Document shall be as binding as if called for by all, so that any part of the Work shown or described in any of the Contract Documents,though not specifically referred to in other Contract Documents, shall be executed by Contractor and binding as a part of the Contract Documents, as well as any Work which, in the sole opinion of City, may be fairly inferred from the Contract Documents or by normal industry practice. 5 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work.Specifications and detailed plans which may be prepared or approved by City after the execution of the Contract and which may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications and plans,and that portion of the Work shown thereby shall be performed without any change in the Contract Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the larger scale drawing shall govern,unless otherwise dictated by Consultant. 1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract Documents and where these requirements within the Contract Documents conflict in quantity or quality, the Contractor shall comply with the most stringent requirement as determined by the City, unless specifically indicated otherwise in the Contract Documents. 1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references to an Article include all Sections,Subsections,and items within that Article;references to a Section include all Subsections and items within that Section; and references to a Subsection include all items within that Subsection. 1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such recognized or well-known meaning,unless the Contract Documents otherwise specifically define such word. 1.2.9. The Recitals,Appendices,Exhibits and Schedules attached hereto are expressly incorporated in and made a part of the Contract Documents as if fully set forth herein. ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS. 2.1. Intention of City. It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the Contract Documents,the following order of precedence shall govern the interpretation of the Contract Documents: a. Change Orders or Amendments to this Contract(excluding the Plans and Specifications); b. The Contract Documents(excluding the Plans and Specifications); c. Modifications or changes to the completed Plans and Specifications, as approved by the City; d. The completed Plans and Specifications,as approved by the City; and e. The ITB. In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended, shall take precedence and control. 6 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Contractor shall be furnished two (2) copies, free of charge, of the Contract Documents; which shall be preserved and always kept accessible to the City, the Consultant, and their respective authorized representatives. Additional copies of the Contract Documents may be obtained from City at the cost of reproduction. ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES. 3.1. Performance of the Work. The Contractor covenants and warrants that it shall be responsible for performing and completing, and for causing all Subcontractors to perform and complete, the Work in accordance with the Contract Documents and all Applicable Laws relating to the Project. Accordingly, Contractor shall furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract Documents,and all Work that is contemplated thereby or reasonably inferable therefrom. As part thereof, Contractor shall achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, and shall achieve Final Completion of the Project by the date established in the Contract Documents for Final Completion, as such date may be extended pursuant to the terms of the Contract Documents. Unless otherwise provided in the Contract Documents,or as agreed to in writing between City and Contractor, the form and content of all reports, forms and regular submittals by Contractor to City shall be subject to prior approval of the City,and Contractor shall submit such materials to the City for City's approval prior to implementation. City's approval thereof shall not limit City's right to thereafter require reasonable changes or additions to approved systems, reports, forms and regular submittals by Contractor to City. 3.2. Standard of Care. The Work shall be performed in accordance with the professional standards applicable to projects, buildings,or work of complexity, quality and scope comparable to the Work and the Project. More specifically, in the performance of the professional services under this Contract, Contractor shall provide the care and skill ordinarily used by members of its profession practicing under similar conditions for projects of similar type, size and complexity at the same time and locality of the Project. Work shall be performed by the Contractor,Subcontractors,and specific personnel referred to in the in the Contract Documents in accordance with their respective degrees of participation provided and represented to the City by the Contractor from time to time. The Contractor may add Subcontractors as it deems necessary or appropriate in order to carry out its obligations under the Contract Documents,provided such entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any such persons or entities, including to any Subcontractors. 3.3. Notices to Proceed. Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued by the Contract Administrator.At least two(2)Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed.The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents,including but not limited to,Payment Bond,Performance Bond,and Insurance Certificate(s), and after execution of the Contract by both parties. 3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project Site and commence with physical construction of the Work(typically,the second NTP for a Project): (1)the 7 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 receipt of all necessary permits by Contractor;(2)City's acceptance of the Contractor's full progress schedule in accordance with the Contract Documents, Contractor's submittal schedule, Contractors Schedule of Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's submission to the City and.Consultant of any other documents required by the Contractor Documents. The Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with construction of the Work within twenty-one(21)calendar days of the issuance of the first Notice to Proceed. 3.5. Warranty.Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Contract Documents. 3.6. Personnel Requirements. 3.6.1. The orders of City are to be given through Consultant or the Contract•Administrator, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking Construction Superintendent and any necessary assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the written consent of City,unless the Construction Superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks, including, but not limited to, organization and coordination of the Work of Subcontractor employees; exercising control over rate of construction progress to assure completion of the Project within the Project Schedule; inspecting or observing the Work to enforce conformity to the Contract Documents and supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the Project. On a daily basis,Contractors Construction Superintendent shall record,at a minimum,the following information in a bound log: the day; date; weather conditions. and how any weather condition affected progress of the Work;time of commencement of work for the day;the work being performed;materials,labor, personnel, equipment and subcontractors at the Project Site; visitors to the Project Site, including representatives of Consultant;regulatory representatives; any special or unusual-conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project Site and shall be available at all times for inspection and copying by City and Consultant. 3.6.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish, keep,and distribute minutes and any comments thereto of each such meeting. 3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Contract Documents,it shall be Contractor's duty to immediately inform Consultant,in writing,and Consultant 8 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 3.6.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 3.6.6. The Construction Superintendent must have at least five(5)years of experience in projects of similar design, scope,size and complexity. The Project Manager must have at least five(5)years of experience in projects of similar design,scope,size and complexity. 3.7. Subcontracts. 3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 3.7.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain the following provisions(or shall incorporate the following provisions by reference)and shall state: a. that the Subcontractor irrevocably submits itself to the original and exclusive jurisdiction and venue in Miami-Dade County, Florida, with regard to any controversy in any way relating to the award,, execution or performance of the Contract Documents and/or such Subcontractor's agreement,and whereby the Subcontractor agrees that service of process on it may be made to the person or entity designated in the Subcontract; b. that the City shall not be in privity of contract with the Subcontractor and shall not be liable to any Subcontractor under the Contract Documents or any such subcontract, except for the payments of amounts due to the Subcontractor under its subcontract in the event that the City exercises its rights under any assignment of the subcontract and requests or directs the Subcontractor to perform the portion of the Work covered by its subcontract; c. that the City is a third-party beneficiary of the Subcontract, entitled to enforce any rights thereunder for their respective benefits,and that,subject to the terms of the applicable Subcontract,the City shall have the same rights and remedies vis-à-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss,expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and 9 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 warranties,if any,implied or expressed,arising out of such agreements and any error,omission or negligence of such Subcontractor in the performance of any of its obligations under such Subcontract; d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents, directors,and employees,and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida Statutes; e. that such subcontract shall be terminable for default or convenience upon ten(10)days prior written notice by Contractor,or, if the Subcontract has been assigned to the City,by the City or its designee; f. that Subcontractor shall promptly notify the City(with a copy to Contractor)of any default of Contractor under the Subcontract,whether as to payment or otherwise; g. that Contractor and Subcontractor acknowledge that(i)they are each entering into a contract for the construction of a public facility or public works project as contemplated in Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further agree to include a similar requirement in any purchase order or subcontract entered into by Subcontractor; and (iii)the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to claim a lien on the Project,and that any claims for nonpayment shall be made against the bond in accordance with Section 255.05,Florida Statutes. h. that Subcontractor shall comply with all Applicable Laws(including prompt payment)and the City requirements as set forth in the Contract Documents and maintain all files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract Documents. that the City may,at reasonable times, contact Subcontractor,after notice to Contractor,to discuss, or obtain a written report of, Subcontractor's services,with Contractor entitled to be present during any such discussions;provided that in no event,prior to any assignment of the Subcontract to the City,shall Subcontractor take instructions directly from the City; j. that Subcontractor promptly disclose to the City and Contractor any defect,omission, error or deficiency in the Contract Documents or the Work about which it has knowledge no later than ten (10) days following discovery of such defect,omission,error or deficiency; k. that Subcontractor assign all warranties directly to the City, that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractors Claim for adjustments in the subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price,damages, losses or additional compensation. 10 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 o. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which the Contractor must submit Claims to the City,and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims in the same manner as provided for in the Contract Documents. 3.7.4. Contractor shall perform the Work with its own forces, in an amount not less than the percentage of the Work specified in the Invitation to Bid Summary. 3.8. Plans and Working Drawings. 3.8.1. Contractor to Check Plans, Specifications and Data. Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor shall not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error,omission or discrepancy and failed to report it to Consultant, or unless Contractor should have recognized such error, omission or discrepancy upon reasonable investigation. 3.8.2. Supplementary Drawings.When,in the opinion of Consultant,it becomes necessary to explain the Work to be done more fully,or to illustrate the Work further,or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. The supplementary drawings shall be binding upon Contractor and shall be considered as part of the Contract Documents. Where such supplementary drawings require either less or more than the original quantities of work,appropriate adjustments shall be made by Change Order. In case of disagreement between the written and graphic portions of the Contract Documents,the written portion shall govern. 3.8.3. Shop Drawings. 3.8.4.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 3.8.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Submission of such documents is a condition precedent to the issuance of a Notice to Proceed for construction. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 3.8.4.3. After the approval of the list of items required herein, Contractor shall promptly request Shop Drawings from the various manufacturers,fabricators,and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 3.8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 1 1 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-458E-A3CD-D412438DD195 3.8.4.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 3.8.4.6. Consultant shall review and approve Shop Drawings within seven(7)calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work,nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant.Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 3.8.4.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items,check them and then make one submittal to Consultant along with its comments as to compliance,noncompliance, or features requiring special attention. 3.8.4.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings,any additional information or changes on such drawings shall be typewritten or lettered in ink. 3.8.4.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 3.8.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 3.8.4. Field Layout of the Work and Record Drawings. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. 3.8.5.1. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,fittings and the like and shall prepare record or"as-built"drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be delivered to Consultant prior to Substantial Completion,in accordance with the Contract Documents. 3.8.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of all Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 3.8.5.3. Prior to,and as a condition precedent to Final Payment,Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 12 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 3.8.5. Art in Public Places("AIPP")Coordination.Contractor shall coordinate the implementation of the City's AIPP commissions and installations for the Project, if any, with all such coordination Work covered within the Contract Price, provided, however, that the City shall separately fund the commissioning and installations of all AIPP artworks. 3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM. DECLARING CONTRACTOR IN DEFAULT FOR CONTRACTOR'S FAILURE TO PERFORM SUCH OBLIGATION,NOR SHALL IT LIMIT,IN ANY WAY,THE CITY'S RIGHTS AND REMEDIES.IN CONNECTION THEREWITH. THE CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION,ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONTRACTOR'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION,ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES,OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 3.8.7. City's Information. Except for any tests or studies that the City provides as part of the ITB, any information provided by the City to the Contractor relating to the Project and/or other conditions affecting the Project Site, is provided only for the convenience of the Contractor and does not relieve the Contractor of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes no representation or warranty as to, and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of any such test, studies or other information and makes no guarantee, either express or implied, that the conditions indicated in such information or independently found by the Contractor as a result of any examination, exploration or testing, are representative of those existing throughout the performance of the Work or the Project Site, and there is no guarantee against unanticipated or undisclosed conditions. ARTICLE 4. CONTRACT PRICE. 4.1. If the Invitation to Bid Summary or any other Contract Documents contemplate unit pricing for the Project or any portion thereof, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid.The number of units contained in this schedule is an estimate only,and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. Payment shall be made at the unit prices applicable to each integral part of the Work.These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. 13 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 4.2. If the Invitation to Bid Summary or any other Contract Documents contemplate lump sum pricing for the Project, the Contract Price shall be the amount specified in the Contract, consisting of a base bid, and a separate line item for the Owner's Contingency(to be used solely by the City at its sole discretion for the purposes described in the Contract Documents).The Contract Price,exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. 4.3. To the extent the Project includes both unit prices and a lump sum price,then all sections of this Article 4 shall apply to the item of Work in question,as applicable. 4.4. No Compensation Prior to Notice to'Proceed. Prior to the City's issuance of any Notice to Proceed, Contractor shall not incur any cost to be reimbursed as part of the Project, except as the Contract Administrator may authorize in writing. 4.5. Owner's Contingency. The Owner's Contingency shall be an amount, determined by the City, which will be available to the City to pay for Project costs which are expressly chargeable to the City or determined to be the City's responsibility under the Contract Documents, including, as it relates to the Contractor,the following increased costs of the Project incurred by Contractor: • a. Express written changes in the Work made in the discretion of the City after issuance of a Change Order or Construction Change Directive relating thereto. The decision to make such changes,and to incur the costs that arise there from,shall be in the sole discretion of the City. No costs may be charged to the Owner's Contingency under this subsection without express approval of City. b. Changes to the Work if ordered by agencies having jurisdiction, provided such Work directly results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon; c. In the event of Excusable Delay, reasonable acceleration costs to meet milestones, if approved by the City at its sole and absolute discretion; d. Differing site conditions pursuant to the Contract Documents; e. Post-hurricane or storm-related Construction Change Directives(to address matters that are in addition to,or not covered by,the Contractor's City-approved Hurricane Preparedness Plan required by the Contract Documents); f. Increased Costs of the Work resulting from other actions of the City deemed to be City's responsibility and/or compensable under the Contract Documents. Unless Contractor secures City's written agreement that such costs are City's responsibility, documentation of responsibility for such costs shall be submitted with the Contractor's Claim. When Contractor has reason to anticipate that such costs may be incurred, it shall be the Contractor's responsibility, when feasible, to provide the City with sufficient advance notice, so as to provide the City with a reasonable opportunity to avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in writing to grant the Claim and accept such responsibility, or if the Claim is granted and responsibility assigned to City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are exhausted or waived by City. The Contractor has no right or entitlement whatsoever to the Owner's 14 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Contingency,and use of such funds are subject to the City's prior written approval and issuance of a Change Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. ARTICLE 5. APPLICATION FOR PAYMENT. 5.1. Applications for.Payment for the Work performed by Contractor shall be made monthly based'upon the percent completion of the Work for each particular month and in accordance with the Contract Documents.The percent completion shall be based upon the updated and City-approved Project Schedule as required by the Contract Documents Contractor's application shall show a complete breakdown of the Project components,the quantities completed and the amount due,together with such supporting evidence as may be required by Consultant or City. Contractor shall include, with each Application for Payment, an updated progress schedule as required by the Contract Documents and a,release of liens and consent of surety relative to the Work which is the subject of the Application. Following submission of acceptable supporting documentation along with each Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent(10%)of each such payment until fifty percent(50%)of the Work has been completed:The Work shall be considered 50%complete at the point at which the City has expended 50%of the approved Cost of the Work together with,all costs associated with existing change orders or other additions or modifications to the construction services provided for in the Contract Documents. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor,until Substantial Completion.Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator,after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage,except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing'in a stand-alone document, separate from monthly applications for payment. • 5.3. Notwithstanding any provision ,hereof to the contrary, the City may withhold payments to the Contractor in the following circumstances: a. correction or re-execution of Work which is defective or has not been performed in accordance with the Contract Documents and which the Contractor has failed to correct in accordance with the terms of the Contract Documents; b. past due payments owed to Subcontractors for which City has not been provide d an appropriate release of lien/claim(whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract Documents' requirements or uncured Default of this Contract by the Contractor; 15 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 d. damage to another contractor or third-party (including, without limitation, the property of any resident or business in the area surrounding the Project Site)which has not been remedied or, damage to City property which has not been remedied; e. liquidated damages; f. failure of Contractor to provide a Recovery Schedule in accordance with the Contract Documents; g. failure of Contractor to provide any and all material documents required by the Contract Documents including, without limitation, the failure to maintain as-built drawings in a current and acceptable state;and h. pending or imminent Claims of the City or others including, without limitation, Claims which are subject to Contractor's indemnity obligation under the Contract Documents, for which the Contractor has not posted bonds or other additional security reasonably satisfactory to the City. Except as otherwise specifically provided in the Contract Documents, in no event shall any interest be due and payable by the City to the Contractor or any other party on any of the sums retained by the City pursuant to any of the terms or provisions of any of the Contract Documents. 5.4. No acceptance. No progress payment made by the City to Contractor shall constitute acceptance of any portion of the Work,any goods or materials provided under this Agreement or any portion thereof. No partial or entire use or occupancy of the Project by the City shall constitute an acceptance of any portion of the Work or the complete Project which is not in accordance with the Contract Documents. 5.5. Final Bill of Materials.Upon request by the City, Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 5.6. Payment by City for Tests. Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by the City. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 5.7. Form of Application: Projected Payment Schedule.The Contractor shall make each Application for Payment on AIA Form G702 or other form approved by the City,which incorporates the budget and the Schedule of Values. For each line item, the Contractor shall state the approved cost, the cost to date, and the projected total cost, and retainage held (if any), shall state that the projected total cost shall not exceed the approved cost, as adjusted by Change Order. Each Application for Payment shall also state the actual costs incurred by the Contractor for the payment period covered by such Application for Payment. ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME. 16 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 6.1. Time for Completion. Time is of the essence throughout this Contract.Contractor shall perform the Work so as to achieve Substantial Completion within the number of days specified for Substantial Completion in the Invitation to Bid Summary,and the Project shall be completed and ready for final payment as set forth herein within the number of days specified for Final Completion in the Invitation to Bid Summary, with such Final Completion date calculated from the date certified by Consultant as the date of Substantial Completion. 6.2. Project Schedule; Preliminary Matters. As a condition of issuance of a Notice to Proceed for the construction of the Work(typically, NTP2),Contractor shall submit to Consultant for Consultant's review and acceptance: 6.2.1. A project"Base Line"schedule, one(1)copy on a CD and One(1)hard copy(activities arranged in "waterfall"), in the indicated form for Final review and approval, in accordance with the Project Scheduling Format required in the Invitation to Bid Summary. (CPM shall be interpreted to.be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment,and Logic relationships of activities including physical and site restraints. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to Consultant and City. Monthly, Contractor shall submit with each Application for Payment an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month("Progress Schedule").CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY(including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a narrative report of the months'progress,an explanation of any delays and or additions/deletions to activities. City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall not constitute or be construed as City's approval of the Progress Schedule itself,or as approval of any change to the Project Schedule. Any changes to the Project Schedule, if agreed to,shall be memorialized in a duly executed Change Order. It is strongly recommended that Contractor or the professional who performs scheduling have a vast knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities;and 4) Integration of changes into the schedule. - --- --- ------ - -- --- ---- -- --- ---- -------- ------ -- ---- --- 17 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects. 6.2.2. A preliminary schedule of Shop Drawing submissions;and 6.2.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which may include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. If requested by the City, Contractor shall provide additional breakdowns as to any line item,to show labor,equipment, materials and overhead and profit. 6.2.4. After award but prior to the submission of the progress schedule,Consultant,Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided,however,that by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such coordination. 6.2.5. At a time specified' by Consultant but before Contractor starts the work at the Project Site, a conference attended by Contractor,Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment,and to establish a working understanding among the parties as to the Work. 6.2.6. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a pre- construction meeting attended by Contractor, Consultant and others,as appropriate, will be held to finalize the schedules submitted. Within ten(10)days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 6.3. Recovery Schedule. 6.3.1. If Contractor's Work, or any portion of the Work, becomes more than (30) days behind schedule, if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a period which exceeds 5% of the days remaining until a completion deadline for an item in the Project Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project Schedule,the City may notify Contractor of same, and in such case,the Contractor shall submit a proposed recovery plan to regain lost schedule progress and to achieve any Project milestones, Substantial Completion,and,Final Completion in accordance with the Contract Documents("Recovery Schedule"),after taking into account Excusable Delays (as hereinafter defined) and permitted extensions of the Project for 18 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 review and acceptance within seven (7)days following notification from the City,so as to ensure Contractor makes up lost time. 6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule incorporating City's comments. If the City accepts 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 same to City. • 6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City in its sole discretion, that demonstrates Contractors ability to timely follow the Project Schedule, the City may,without prejudice to any other rights and remedies available to the City hereunder or otherwise,declare an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration of the Work,and other measures,including substantially increasing manpower and/or necessary equipment, as may be necessary to bring the Work into conformity with the Project Schedule. 6.4. Substantial Completion. As a condition of Substantial Completion,all of the following must occur: 6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance with the Contract Documents; 6.4.2. If applicable,all pre-commissioning activities,including alignment,balancing,lubrication and first-fill, have been completed; 6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in compliance with Applicable Laws, and without damage to the Work or to the Project; 6.4.4. Contractor has corrected all defects,deficiencies and/or discrepancies to the entire Work as identified by the City or the Consultant, and the Consultant confirms such corrections have been made in writing; 6.4.5. The most recent updated set of "as-built" drawings reflecting the progress of the Work through Substantial Completion(in native file format,such as autoCAD); 6.4.6. When Contractor believes it has achieved Substantial Completion,Contractor shall request an inspection by the City and the Consultant, and shall provide the City with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the City to assist in its evaluation thereof. Contractor shall,prior to said inspection,develop its preliminary Punch List for input and comment by the City and the Consultant. Once the preliminary'Punch List is submitted to the City, the City and its representatives shall then schedule a walk-through of the Project with Contractor and the Consultant. Following the walk-through, Contractor shall develop and provide City'with_the list of all remaining items of Work to be completed or corrected,and which incorporates items and comments identified or provided by the City and Consultant comments and is certified for completeness and accuracy by the Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on 19 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents;and 6.4.7. Any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed,a temporary certificate of completion or Certificate of Occupancy,as applicable,is issued for the Work for which a Certificate of Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with,to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.4.8. With respect to any Project for which a right-of-way permit is required from the City's Public Works Department or which includes a final lift of asphalt as part of the Work, in no event shall Substantial Completion occur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction (including,without limitation,the City's Public Works Department). 6.5. Certificate of Substantial Completion. Any determination by the Consultant and the Contractor of Substantial Completion shall not be binding on the City, and the ultimate determination of Substantial Completion shall rest with the City and shall be evidenced by the City's executing and returning to the Contractor its Certificate of Substantial Completion(or Partial Substantial Completion,as applicable). 6.5.1. When the City,on the basis of an inspection,determines that the Work or designated portion thereof is substantially complete, and when the Contractor has complied with all other conditions precedent to Substantial Completion provided for in the other Contract Documents,the City will then prepare a Certificate of Substantial Completion which shall establish the Substantial Completion Date, shall state the responsibilities of Contractor, if any, for security, maintenance, heat, utilities, damage to the Work, and insurance,and shall fix the time within which the Contractor shall complete the items listed in the Substantial Completion Punch List. If the City issues a Certificate of Substantial Completion on the basis of partial completion of the Project,or upon the basis of a partial or temporary certificate of occupancy or certificate of completion,as applicable,City may include such additional conditions,as it deems appropriate to protect its interests pending substantial completion of the entire Project or issuance of a permanent certificate of occupancy or certificate of completion,as applicable. 6.5.2. The City shall not unreasonably withhold or condition acceptance and execution of a Certificate of Substantial Completion (or a Notice of Partial Substantial Completion); provided, however,the Project shall not be deemed Substantially Complete and the City shall not execute a Certificate of Substantial Completion until all of the criteria for achieving Substantial Completion as identified in the Contract Documents have been satisfied,and(2)in the case of a portion of the Project,the conditions set forth this Article 6 relating to Partial Substantial Completion shall have been satisfied. 6.6. Partial Substantial Completion. Partial.Substantial Completion of the Work shall occur when the City determines that a portion of the Work,as defined in the Contract Documents and/or otherwise by logical boundaries, is Substantially Complete in accordance with the Contract Documents. The City may(but shall not be obligated to)agree that a portion or component of the Work,acceptable to the City in its sole discretion, may be certified as Substantially Complete provided that: 6.6.1. The requirements provided in this Article 6 for issuance of a Certificate of Substantial Completion are complied with for the portion of the Work for which a Notice of Partial Substantial Completion is being 20 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 sought; 6.6.2. Such portion and any and all appurtenances, utilities, transportation arteries and any other items required under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed,a temporary certificate of completion or Certificate of Occupancy,as applicable,is issued for the portion of the Work for which a Certificate of Partial Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with,to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract Documents without material interference from any incomplete or improperly completed items of Work; 6.6.3. The City is fully able to use and occupy the portion of the Work for the purposes intended and the Contractor separates the portion of the Work which is Substantially Complete from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering,exiting and occupying the Substantially Completed portion of the Work; 6.6.4. Partial Substantial Completion shall not constitute Final Completion of the Work or Substantial Completion of the Project, nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in portion of Work Substantially Complete) or for the performance of Work not complete at the time of Partial Substantial Completion. 6.7. Liquidated Damages. 6.7.1. Upon failure of Contractor to achieve Substantial Completion within the time period specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract Documents, Contractor shall pay to City the sum specified in the Invitation to Bid Summary for"Liquidated Damages"for each calendar day after the time specified in the Invitation to Bid Summary for Substantial Completion, plus any approved time extensions,for Substantial Completion. Partial Substantial Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely achieve Substantial Completion. 6.7.2. After Substantial Completion is achieved, should Contractor fail to complete the remaining Work within the time specified in the Invitation to Bid Summary for Final Completion,plus approved time extensions thereof, Contractor shall pay to City the sum set forth in the Invitation to Bid Summary as "Liquidated Damages" for each calendar day after the time specified in the Invitation to Bid Summary for Final Completion, plus any approved extensions. 6.7.3. Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set based on an evaluation by City of damages to City and the public caused by untimely performance. Such damages may include loss of revenues to the City, and additional costs of administering this Agreement, including Project staff, legal, accounting, consultants and overhead and other administrative costs. Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially reasonable. Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs and,to avoid later disputes over which items are properly chargeable to Contractor as a consequence of Contractor's delays. 21 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may,in its sole discretion,deem just and reasonable. Liquidated Damages shall apply,whether or not the City terminates Contractor for cause and whether or not Surety completes the Project after a Default by Contractor. Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for which the right to assess Liquidated Damages is specified, including, without limitation, Substantial Completion, and Final Completion,and shall be the City's sole remedy for delay,and are not intended to,and do not,liquidate Contractor's liability under any other provision of the Contractor Documents for other events not specifically referenced in this Article 6. Liquidated Damages shall not liquidate Contractor's liability under the indemnification provisions of this Agreement. Contractor, in addition to reimbursing City for Liquidated Damages or other damages for untimely performance as provided herein, shall reimburse City for all costs incurred by City to repair, restore, or complete the Work, as may be provided by the Contract Documents, including, without limitation, any additional design fees that may be due to the Consultant related thereto. All such costs shall be deducted from the monies otherwise due Contractor for performance of Work under this Agreement by means of unilateral credit or deductive Change Orders issued by City. In the event a court of competent jurisdiction determines that any Liquidated Damages amount herein is unenforceable notwithstanding Contractor's agreement herein that such amounts are fair and reasonable, Contractor shall not be relieved of its obligations to the City for the actual damages resulting from the failure to timely achieve Substantial Completion or Final Completion in accordance with the requirements of the Contract Documents. Without limiting the foregoing,City and Contractor covenant not to bring any action in a court of competent jurisdiction that would ask the court to rule that the Liquidated Damages amounts are not fair and reasonable. 6.8. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that a portion of the Work may be occupied prior to Substantial Completion. City may take Beneficial Occupancy in accordance with the provisions of the Contract Documents. 6.8.1. .Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the portion of the Work to be occupied from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract Documents and to assure the safety of those entering, exiting and occupying the completed portion to be occupied. 6.8.2. Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of the Work, nor shall it relieve the Contractor of any responsibility for the correction of Work(whether or not included in the portion of Work to be occupied) or for the performance of Work not complete at the time of Beneficial Occupancy. 6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion,the Contractor shall deliver to the City complete as-built drawings, all approved Shop Drawings, maintenance manuals, pamphlets, charts, parts lists and specified spare parts,operating instructions and other necessary documents required for all installed materials, equipment, or machinery, all applicable warranties and guarantees, and the appropriate certificate of occupancy or certificate of completion that are related to the portion of the Work being occupied. 22 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 6.8.4. Contractor's insurance on the unoccupied or unused portion or portions of the Project Site shall not be canceled or lapsed on account of such Beneficial Occupancy. 6.8.5. Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final Completion. 6.9. Final Completion. Final Completion of the Project shall be deemed to have occurred if all the following have occurred: 6.9.1. Substantial Completion of the entire Project has occurred; 6.9.2. The Work can be used and operated in accordance with Applicable Laws bearing on the performance of the Work and applicable permits; 6.9.3. All spare parts, special tools and attic stock purchased by Contractor as part of Vendor supplies shall have been delivered to City and clear of all Liens; 6.9.4. All items on the Substantial Completion Punch List shall have been completed by Contractor to City's satisfaction and all final inspections have been performed; 6.9.5. Contractor has satisfied the additional conditions prescribed by the City in conjunction with a Certificate of Substantial Completion issued on the basis of partial completion of the Project, or a partial or temporary Certificate of Occupancy or Certificate of Completion,as applicable; 6.9.6. Contractor has delivered evidence to,the City that all permits that are Contractor's responsibilities as specified under the Contract Documents have been satisfied and closed, and 'that a Certificate of Completion or Certificate of Occupancy(as applicable)has been issued by the authority having jurisdiction, and the Project or designated portion thereof is sufficiently complete in accordance with the Contract Documents and can be used for its intended.purpose for uninterrupted operation,including,without limitation, acceptance of completed as-builts, if required by the agency having jurisdiction. 6.9.7. Contractor shall have provided to City final releases and complete and unconditional waivers of liens for all Work performed by Contractor and each Subcontractor or Suppliers, and a Consent of Surety to Final Payment; 6.9.8. Contractor shall have delivered to the City a certification identifying all outstanding Claims(exclusive of any Liens or other such encumbrances which must have been discharged) of Contractor (and of its Subcontractors, Suppliers and any other party against Contractor) with written documentation reasonably sufficient to support and/or substantiate such Claims; 6.9.9. Contractor shall have delivered to the City a written assignment of all warranties or guaranties which Contractor received from Subcontractors or Suppliers to the extent Contractor is obligated to do so; 6.9.10. Contractor shall have delivered to City a complete set of as-built documents and Project Records prepared in accordance with the Contract Documents; 23 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 6.9.11. Contractor has delivered to City all other submittals required by the Contract Documents, including all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor,catalogs,product data sheets for all materials furnished by Contractor and similar information; 6.9.12. All rubbish and debris have been removed from the Project Site;and 6.9.13. All Construction aids,equipment and materials have been removed from the Project Site. 6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract Documents,all of which shall be in the name.of the City and run to the benefit of the City; 6.9.15. If applicable, certificates of insurance indicating that any insurance required of the Contractor or Subcontractors by the Contract Documents shall remain in full force and effect for the required period of time; 6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipts, releases and final waivers of lien from the Contractor and all Subcontractors,to the extent and in such form as may be reasonably required by the City; 6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the Final Certificate for Payment. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator,and approved the final payment. 6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor shall operate as and shall be a release to the City from all present and future Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with this Contract for anything done or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or connected with the Contract Documents, the Work or the Project, except those Claims or liabilities, if any, for which the Contractor has provided the City with written notice pursuant to and in strict compliance with the "Claims" and notice requirements set forth in the Contract Documents, and containing a detailed reservation of rights that identifies the precise nature of the dispute, all facts in support of Contractor's Claim,the particular scope of Work giving rise to the Claim,and the maximum amount and/or time sought in connection with the Claim. ARTICLE 7. INSPECTION OF WORK; CORRECTION OF NON-CONFORMING OR DEFECTIVE WORK. 7.1. Consultant, City (and its authorized designees), and representatives of any regulatory agencies having jurisdiction over the Project, shall at all times have access to the Work and the Project Site, and Contractor shall provide proper facilities for such access and for inspecting,measuring and testing.Whenever requested, Contractor shall give the City and any inspectors or representatives appointed by the City free access to its Work during normal working hours either at the Project Site or its shops,factories, or places of business of Contractor and its Subcontractors and suppliers for properly inspecting materials,equipment and Work,and shall furnish them with full information as to the progress of the Work in its various parts. 7.2. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than 24 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 City, timely notice shall be given of the date fixed for such testing. Testing shall be made,promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant,it must,if required by Consultant,be uncovered)for examination and properly restored at Contractors expense. 7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator,and if so ordered,the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents,City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 7.4. ' Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with,reasonable promptness without the written permission or instruction of Consultant. 7.5. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector,directly or indirectly,is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 7.6. The, Contractor shall coordinate all technical inspection and testing provided by professionals designated by the City,the Consultant,permitting authorities,and others.The Contractor shall also schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to the Contract Documents and provide a copy of all inspection and testing reports to the City on the day of inspection or test.The Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is covered up, but in no event less than 24 hours before the Work is covered up. All costs for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the Work is not-ready to be inspected shall be at Contractor's sole cost and expense. If any members of the Project team are to observe said inspections, tests or approvals required by,the Contract Documents, they shall be notified in writing by the Contractor of the dates and times of the inspections,tests or other approvals.. The Contractor shall schedule,direct and/or review the services of or the reports and/or findings of surveyors, environmental consultants and testing and.inspection agents engaged by the City. All Materials and Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should be covered up without approval or consent of City's Project Coordinator, or without necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such Work for examination and testing,and shall re-cover same at Contractor's expense. 7.7. Defective or Non-Conforming Work. 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City,Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs,of such removal or corrections including cost of testing laboratories and personnel. 7.7.2. .Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents'within the time indicated in writing 25 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 by Consultant,City shall have the authority to cause the defective work to be removed or corrected,or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor,or may be charged against the Performance Bond..In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 7.7.3. If,within one(1)year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents,or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents,Contractor,after receipt of written notice from City,shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Contractor's warranty obligations hereof and any claim regarding latent defects. 7.7.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered,or obligate City to final acceptance. 7.8. Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY. 8.1. Contractor shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 8.1.1. All employees on the work site and other persons who may be affected thereby; 8.1.2. All the work and all materials or equipment to be incorporated therein,whether in storage on or off the Project Site;and 8.1.3. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.2. Contractor shall comply with all Applicable Laws for the safety of persons or property or to protect them from damage,injury or loss;and shall erect and maintain all necessary safeguards for such safety and protection. City and Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them: Contractor shall be responsible for and shall remedy all damage,injury or loss to any property,caused directly or indirectly,in whole or in part,by Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor's 26 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in the Contract Documents. 8.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's Construction Superintendent,unless otherwise designated in writing by Contractor to City. 8.4. Contractor's Responsibility for Damages and Accidents. 8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever. 8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials,equipment and supplies are lost, stolen,damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 8.5. Occupational Health and Safety. 8.5.1. In compliance with Chapter 442, Florida Statutes,any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire,explosion,corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance;and iii. The primary routes of entry and symptoms of overexposure. c. The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d. The emergency procedure for spills,fire,disposal,and first aid. e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the information. 27 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project Site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall,at a minimum,include the following: (1)monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only;. (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage,and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards,and removing screening on fences and signs;(5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away,and removing all non-essential barricades;and(6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension,will entitle the Contractor to additional Contract Time as noncompensable, excusable delay,and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However,City does not guarantee that all lines are shown,or that,the ones indicated are in their true location. As part of the Contract Price, it shall be the Contractor's responsibility to identify'and locate all underground and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the plans. 8.7.2. The Contractor shall notify each utility company involved at least ten (10)days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other 28 l General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor(for utilities indicated in the Contract Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved, if indicated in the Contract Documents. No additional payment will be made to the Contractor for utility relocations indicated in the Contract Documents, whether or not said relocation is necessary to avoid conflict with other lines. 8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicts which materially differ from those indicated in the Contract Documents,such utility conflicts(for items not indicated in the Contract Documents)shall be addressed pursuant to the requirements of"Differing Site Conditions" as set forth in Article 10 shall apply. 8.7.4. The Contractor shall reasonably schedule the Work,and the phasing thereof, in such a manner so that the overall Project Schedule is not impacted and completion of the Work is not delayed by the utility providers relocating or supporting their utilities.The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay,except as provided in Article 10 of the Contract Documents. 8.7.5. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 8.8. Risk of Loss. The risk of loss to any of the Work and to any goods, materials and equipment provided or to be provided under the Contract Documents, shall remain with the Contractor until Substantial Completion. Should any of the Work, or any such goods, materials and equipment, be destroyed, mutilated, defaced or otherwise damaged prior to the time the risk of loss has shifted to the City,the Contractor shall repair or replace the same at its sole cost.The Performance Bond and Payment Bond or other security or insurance protection required by the Contract Documents or otherwise provided by the City or the Contractor shall in no way limit the responsibility of the Contractor under this Section. ARTICLE 9. BONDS, INSURANCE AND INDEMNITY, 9.1. Performance Bond and Payment Bond:The Contractor shall,within ten(10)business days of the Contract Date, furnish and deliver to the City a payment bond and a performance bond, in a form to be provided by the City, issued by sureties licensed and authorized to do business in the State,of Florida,. covering the faithful performance and completion of the Project pursuant to the Contract Documents, including the performance and completion of those services provided by Subcontractors of any tier and covering the payment of all obligations arising hereunder including but not limited to, the payment for all materials used in the performance of the Project in accordance with the Contract Documents,and for all labor and services performed under the Contract Documents (including materials, labor and/or services provided by Subconsultants and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the aforesaid bonds(collectively herein referred to as the"Performance Bond and Payment Bond")shall have a penal amount equal to the Contract Price,unless otherwise approved by the City and to the extent permitted by law. Each bond shall be increased in the amount of any change to the Contract Price. Each bond shall continue in effect for one(1)year after Final Completion of the Work. 29 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient security for the penalty of said bond,then the City may,on giving thirty(30)days' notice thereof in writing, require the Contractor to furnish a new and/or additional bond(s) in the above amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and as shall be satisfactory to the City. The Contractor shall pay all costs of compliance with this Article as part of the Contract Price. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 9.2. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto,which shall be in accordance with Section 255.05, Florida Statutes. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9.3. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars($500,000.00): 9.3.1. Each bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five(5)years. 9.3.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City,that such excess risk has been protected in an acceptable manner. 9.3.3. The City will accept a surety bond from a company with a rating of B+or better for bonds up to$2 million, provided, however,that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City,only if the bid amount does not increase. The following sets forth,in general,the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 30 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A - Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 9.3.4. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code,and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions,the provisions of this Article shall apply. 9.4. Insurance Requirements.The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue,3rd Floor,Miami, Florida 33139,Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid Summary(and/or exhibits thereto). 9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 9.4.2. Waiver of Subrogation.Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 9.4.3. Other Insurance Provisions. a. For any claims related to this project,the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees,and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. b. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. c. If any excavation work is included in the Contract,it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: a. The retroactive date must be shown, and must be before the date of the contract or the 31 1 General Conditions for Construction Contracts(April 13, 2020) • DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five(5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date,the Contractor must purchase extended period coverage for a minimum of five(5)years after completion of the contract work. d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. e. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. 9.4.4. Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Bests rating of no less than A:VII,unless otherwise acceptable to the City of Miami Beach Risk Management Office. 9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Article. All certificates of. insurance and endorsements are to be received prior to any work.commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications,at any time. • 9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract Documents. 9.5. Indemnification. . 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 32 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 fees,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. 9.5.2. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. 9.5.3. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. 9.5.4. Nothing in this Artice is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. 9.5.5. Nothing in this Article-is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE CONTRACT TIME. 10.1. Changes in the Work or Terms of Contract Documents. 10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right,from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change Order, executed by the Parties hereto,with the same formality and of equal dignity prior to the initiation of any work reflecting such change.This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 10.2. Field Orders. 10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution,providing the Field Order involves no change in the Contract Price or the Contract Time. 10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written orders,instructions,or interpretations concerning the Contract Documents or its performance,provided such supplemental instructions involve no change in the Contract Price or the Contract Time. 33 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 10.3. Change Orders. 10.3.1. Changes in the quantity or character of the Work which are not properly the subject of Field Orders or supplemental instructions,including all changes resulting in changes in the Contract Price,or the Contract Time,shall only be authorized only by Change Orders approved in advance by the City. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in.the Change Order or Construction Change Directive. No Change Order shall take effect until Contractor delivers a Consent of Surety increasing the Performance Bond and Payment Bond by the amount of the Change Order. 10.3.2. All Change Orders which exceed the then-remaining amounts available in the Owner's Contingency shall be approved by the City Commission. All other Change Orders, if funded by then-remaining amounts available in the Owner's Contingency, shall be approved in advance by the City Manager or the City Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may elect to present any proposed Change Order to the City Commission for its consideration. 10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing. Within seven (7) business days of Contractor's receipt of such request from the City, Contractor shall provide City with a rough"pencil copy"estimate of the cost and/or time impacts associated with the request. Within twenty-one (21)days of Contractor's receipt of City's initial request,the Contractor shall submit a detailed proposal to the City stating (i)the proposed increase or decrease, if any,in the Cost of the Work which would result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such proposed change,and (iii)supporting data and documentation, including any requested by the City in its change request. 10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a detailed cost breakdown and sufficient substantiating data to permit evaluation by the City. If the Contractor does submit a proposal within the preceding seven (7) business day time period, the City shall, within twenty-one (21) days following its receipt of such proposal, notify the Contractor as to whether the City agrees with such proposal and wishes to accept the Contractor's proposal. If the City agrees with such proposal and wishes to accept the same,the City and the Contractor shall execute a Change Order which at a minimum specifies: i)the detailed scope associated with the change to the Work; ii)the amount of the adjustment in the Contract Price, if any, and (iii)the extent of the adjustment in the Contract Time, if any. In the event the City disagrees with the Contractor's proposal,the City may either(i) notify the Contractor that the City has decided to not proceed with or approve the requested change, or (ii) issue a Change Order as provided below. 10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum(inclusive of all overhead and profit)properly itemized and supported by sufficient substantiating data to permit evaluation by the Consultant and City; b. by unit prices as may be specified in the Contract Documents or subsequently agreed upon; c. by time and materials or"cost of the Work" (as defined herein) and a mutually acceptable fixed or percentage overhead and profit fee for the Contractor. 34 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 10.3.6. If none of the methods set forth above are agreed upon,the Contractor,provided it receives a written Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed with the Work involved, subject to Contractor's reservation of rights as to disputed amounts (with such reservation of rights identifying the precise nature of the dispute, the facts.in support of the Contractor's position,:and the maximum amount and/or time sought by the Contractor).The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change, including a reasonable overhead and profit in accordance with this Article. With respect to any such Change Order Work,the City,with the Consultant,will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written approval by the City.With respect to all Change Orders, Contractor shall keep and present, in such form as the City may prescribe,an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work. 10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price associated with such Work as stated in the Contractor's schedule of prices bid,-as set forth in Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Contract Documents, as may be amended by Change Order. If additional unit price work is ordered, then the Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s)of work performed at the appropriate original schedule of prices bid associated with such Work. 10.3.8. Decreases in the Cost of the Work due to a change in the,Project shall result in a decrease to the Contract Price,by way of a deductive Change Order. 10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the Contract Price,multiplied by the percentage specified for overhead and profit in the Change Order,provided, that the overhead and profit markup or fee shall be as follows: (1) if the Change Order Work involves self-performed Work performed by the Contractor's own forces,the overhead and profit markup shall be reasonable, and shall not exceed ten percent(10%)of the net change in the Contract Price;or (2) if the Change Order involves Work,performed by Subcontractors or Suppliers, or both, the overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors and Suppliers at all tiers shall not exceed ten percent 10%of the net change in the Contract Price,and the Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one half percent(7.5%)of the net change in the Contract Price. For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit fee,as applicable to the Contractor, Subcontractors or Suppliers. 10.4. Value of Change Order Workl"Costs of the Work". The term "cost of the Work"means the sum of: 35 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City,such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall include only the following items and shall not include any of the costs itemized in the"cost of work"as defined herein. 10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays,shall be included in the above to the extent authorized by City.Contractor's fee shall not exceed ten percent(10%). 10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers'field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work.Contractor's fee for overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent (10%).of the net change in the Contract Price. 10.4.4. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine,with the advice of Consultant,which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Contractor's fee shall not exceed seven and one half percent(7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%). 10.4.5. Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order involving special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 10.4.6. Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or expenses: 36 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen,which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. e. The cost of utilities,fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls,telephone service at the site, express delivery services (FedEx, UPS or couriers, and the like), intemet or other telecommunications services,and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because ofchanges in the Work. 10.4.7. The term"cost of the Work"shall not include any of the following items,as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting-agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Any part of Contractor's capital expenses,including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not compensated by insurance or otherwise,if such losses and expenses are due to infidelity on the part of any employee of Contractor, any Subcontractor or Supplier,anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or others to 37 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 whom the property may be entrusted, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. f. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly approved by the City Manager or City Commission by a Change Order. g. Losses and expenses not covered by insurance where the Contractor, or any Subcontractor, failed to obtain and/or maintain in effect the insurance required to be carried by the Contract Documents, or where Contractor, or any Subcontractor or Supplier, failed to obtain and/or maintain such insurance in limits and amounts required by the Contract Documents except to the extent any deductible provided in such required insurance;- h. Costs and expenses incurred by Contractor upon breach of its warranties or guaranties; i. Costs associated with the relocation of employees,and any travel costs not expressly permitted by the Contract Documents(including costs for long-distance travel,costs for travel between the Project Site and the Contractor's office(s),and hotel,car rental and airfare costs); j. Any amounts to be paid by the Contractor for federal,state or local income or franchise taxes; k. Labor,material,and equipment costs or any other costs incurred which should be back-charged to any Subcontractor,any Sub-Subcontractor,any direct or lower tier supplier,or any other party for whom the Contractor is responsible; I. Costs or losses resulting from lost,damaged by misuse or stolen tools and equipment; m. Costs of bonding or securing liens or defending claims filed by any Subcontractor of any tier,any Supplier,any direct or lower tier supplier or any other party for whom any of such parties or the Contractor is responsible arising from nonpayment, unless such nonpayment is the result of the City's unexcused or wrongful failure to pay the Contractor undisputed amounts as and when due under the Contract Documents; n. Costs of self-insured losses(e.g.,losses within the deductible limits maintained by the Contractor or any direct or indirect subcontractor),costs covered by any insurance carried by Contractor or a direct or lower tier subcontractor, costs which would have been covered by the insurance required to be carried by a Contractor or a direct or lower tier subcontractor under the Contract Documents, and costs which would have been covered by insurance but for failure of the Contractor or direct or lower tier subcontractor to properly submit, process or give notice to the occurrence or claim; o. Costs of employee bonuses and executive bonuses whether or not based in whole or in part on performance related to the Work; p. Costs incurred or paid for recruiting employees (whether to third party recruiters or to employees); q. Severance or similar payments on account of terminated employees; 38 I General Conditions for Construction Contracts(April 13, 2020) • DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 r. Costs incurred after the Contractor's application for final payment; s. Any outside legal fees; t. Costs of materials and equipment stored off-site, except upon the prior written approval of the Contract Administrator in accordance with the Contract Documents. 10.5. The,amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost,will be the amount of the actual net decrease. When both additions and credits are involved in any one change,the combined overhead and profit shall be figured on the basis of the net increase,if any, however,Contractor shall not be entitled to claim lost profits for any Work not performed. 10.6. Whenever the cost of any work is,to be determined as defined herein, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 10.7. Where the quantity of any item of the Work that is covered by a unit price is increased by more than thirty percent (30%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum,whether the amount is an addition,credit or no change-in-cost,Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 10.8.1. Breakdown shall list the quantities and unit prices for materials, labor,equipment and other items of cost. 10.8.2. Whenever a Change Order involves Contractor and one or more Subcontractors, and the Change Order increases in the Contract Price, the overhead and profit markups for Contractor and each Subcontractor in accordance with this Article shall be itemized separately. 10.8.3. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum,or"cost of the work." 10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN EXTENSION OF TIME,SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of whether such delay results in an extension of the Contract Time;provided,however,Contractor's hindrances or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the performance of the Work,and then only where such acts continue after Contractor's written notice to the City of such alleged interference. 39 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the Work without clear and convincing proof that they were the result of a deliberate act, without any reasonable and good-faith basis, and were specifically intended to disrupt the Contractor's performance of the Work.The City's attempts to facilitate or assist Contractor in performance of the Work shall in no way be construed, interpreted and/or be deemed to constitute willful or intentional interference with the Contractor's performance of the Work. Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it might otherwise have against the City on account of any Excusable Delay and any and all other events that may, from time to time,delay the Contractor in the performance of the Work. Contractor acknowledges and agrees that, except as specified herein, all delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the Parties in entering into this Agreement and that Contractor's pricing.of the Work and the determination of the Contract Price shall be expressly based on the Contractor's assumption of the risks thereof,and Contractor hereby waives any and all Claims it might have for any of the foregoing losses,costs,damages and expenses. 10.10. Excusable Delay. Contractor's sole remedy for Excusable Delay is an extension of the Contract Time for each day of critical path delay, but only if the pre-requisites and notice requirements set forth below in this Article 10 have been timely and properly satisfied.An excusable delay is one that(i)directly impacts critical path activity delineated in the Project Schedule and extends the time for completion of the Work; (ii) could not reasonably have been mitigated by Contractor, including by re-sequencing, reallocating or redeploying and/or increasing the amount of its forces to other portions of the Work; and (iii) is caused by circumstances beyond the control and due to no fault of Contractor or its Subcontractors, material persons, Suppliers,or Vendors,including,but not limited to,force majeure events such as fires,floods,labor disputes, epidemics, hurricanes,or similar events beyond the control and due to no fault of the Contractor("Excusable Delay"). If two or more separate events of Excusable Delay are concurrent with each other,Contractor shall only be entitled to an extension of time for each day of such concurrent critical path delay, and Contractor shall not be entitled to double recovery thereon. For illustration purposes only, if two events of Excusable Delay are concurrent for two days, Contractor shall only receive a time extension of a total of two days,and not four days. 10.10.1. Weather.Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to the Contract Documents. These time extensions are justified only when rains or other inclement weather conditions prevent Contractor from productively performing critical path activity delineated in the Project Schedule: (1) Contractor being unable to work at least fifty percent(50%)of the normal workday on critical path activity delineated in the Project Schedule due to adverse weather conditions;or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent(50%) of the normal workday on critical path activity delineated in the Project Schedule. 10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents,provided,however,that in no event shall Contractor 40 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 be compensated for(x) interim delays which do not extend the Contract Time, or(y)for Excusable Delay if caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, in which case then Contractor shall be entitled only to a time extension and no further compensation for the Excusable Delay. 10.10.3. Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included within the definition of Excusable Delay as set forth above including any delay which extends the completion of the Work or portion of the Work beyond the time specified in the Project Schedule, including,without limitation, the date for Substantial Completion or Final Completion, and which is caused by the act, fault, inaction or omission of the Contractor or any Subcontractor, Supplier or other party for whom the Contractor is responsible; any delay that could have been limited or avoided by Contractor's timely notice to the City of such delay; or any delay in obtaining licenses, permits or inspections caused by the actions or omissions of the Contractor or its Subcontractors,Suppliers or any other party for whom the Contractor is responsible An Unexcusable Delay shall not be cause for granting an extension of time to complete any Work or any compensation whatsoever, and shall subject the Contractor to damages in accordance with the Contract Documents. In no event shall the Contractor be excused for interim delays which do not extend the Project Schedule,including the date for Substantial Completion or Final Completion. 10.11. Prerequisites and Notice Requirements for Extensions of Time. Except as provided in the Contract Documents with respect to Changes in the Work, an extension of the Contract Time will only be granted by the City under the following circumstances:(a)if a delay occurs as a result of an Excusable Delay, and (b) the Contractor has complied with each of the following requirements below to the reasonable satisfaction of the City: a. Contractor shall provide written notice to the City of any event of delay or potential delay within five (5) days of the commencement of the event giving rise to the request. The Contractor, within ten (10) days of the date upon which the Contractor has knowledge of the delay,shall notify the City,in writing,of the cause of the delay stating the approximate number of days the Contractor expects to be delayed,and must make a request for an extension of time, if applicable, to the City, in writing, within ten (10) days after the cessation of the event causing the delay specifying the number of days the Contractor believes that its activities were in fact delayed by the cause(s)described in its initial notice. b. The Contractor must show to the reasonable satisfaction of the City that the activity claimed to have been delayed was in fact delayed by the stated cause of delay, that the critical path of the Work was materially affected by the delay, that the delay in such activity was not concurrent with any Unexcusable Delay,the delay was not the result of the performance of unit price Work,and that the delay in such activity will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion. c. The initial notice provided by the Contractor under Subsection (a) above shall provide an estimated number of days the Contractor believes it will be delayed,and describe the efforts of the Contractor that have been or are going to be undertaken to overcome or remove the Excusable Delay and to minimize the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable Delay. The mere written notice of an event of delay or potential delay, without all of the aforementioned required information,is insufficient and will not toll the time period in which the Contractor must provide proper written notice under this Article. CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO RECEIPT OF AN EXTENSION OF THE CONTRACT TIME. FAILURE OF THE CONTRACTOR TO 41 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND'ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay,they shall enter into a Change Order documenting the same. If the City and Contractor cannot resolve a request for time extension made properly and timely under this Section within sixty(60)days following Contractor's initial notice of the events giving rise to the request for a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract Documents. 10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to claim delay due to Excusable Delay,Whenever an Excusable Delay shall occur,the Contractor shall use all reasonable efforts to overcome or remove any such Excusable Delay,and shall provide the City with written notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing,whenever there shall be any Excusable Delay,the Contractor shall use all reasonable efforts to adjust the Project scheduling and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent reasonably practicable, any Excusable Delay giving rise to an actual extension in the time for performance of the Work. If there are corresponding costs associated with any of the measures which the Contractor deems necessary or desirable to minimize any adverse effects resulting from any Excusable Delay,the Contractor shall advise the City of such anticipated associated costs and shall not proceed with such measures absent the City's executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to entitle the Contractor to any adjustment in the Contract Price or any other damages, losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the.City to agree to undertake any recommendations suggested by the Contractor as a means of minimizing the adverse effects of any Excusable Delay. 10.13. Differing Site Conditions. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project Site which could not have reasonably been identified by Contractor upon prior investigation, and materially differ from those indicated in the Contract Documents, or if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, then Contractor shall promptly notify the City within two (2) business days of the specific materially differing site conditions, before the Contractor disturbs the conditions or performs the affected Work. 10.13.1. Consultant and City shall,within two(2)business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant,the conditions do materially so differ and cause an increase or decrease in Contractor's cost of,'or the time required for, the performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Contract Documents. Should Consultant determine that the conditions of the Project Site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City --------- ---- ---------- —------------------------ ---------------- -------- 42 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the. parties hereto. 10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto shall be deemed conclusively waived,if the Contractor has not provided the required written notice within two (2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City thereof, the Contractor shall submit its proposed pricing and/or request far extension of time within ten (10) days after the proposed solution is identified to the differing site condition described in the Contractor's initial notice to the City. 10.13.3. For purposes of this Section,a"materially differing"site condition is one that(1).is not identified in the Contract Documents and is not reasonably inferable therefrom; and (2) could not have reasonably been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior site investigation;and(3)requires a change to the Work that increases Contractor's costs and/or impacts the critical path for completion of the Work. 10.13.4. Where Site Conditions delay the Project,and said delay could have been avoided by reasonable investigations of the Project Site at any time prior to commencement;of the Work in question,such delay shall not be considered to be an Excusable Delay beyond the control of the'Contractor, and no time extension shall be granted. No request for an equitable adjustment or change to the Contract Time for differing Site Conditions shall be allowed if made after the date certified as the Substantial Completion date. ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES. 11.1 Claims must be initiated by written notice and,unless otherwise specified in the Contract Documents, submitted to the other Party within ten(10)days of the,event giving rise to such Claim or within ten(10)days after the claimant reasonably should have recognized the event or condition giving rise to the Claim, whichever is later. Such Claim shall include sufficient information to advise the other party of the circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including, without limitation, the amounts and,number of days of delay sought, and the basis of such request. ,The Claim must include all job records and other documentation supporting entitlement, the amounts and time sought. In the event additional time is sought,the Contractor shall include a time impact analysis to support such Claim. The City shall be entitled to request additional job records or documentation to evaluate the Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-300 et seq.,of the City Code. 11.2 Claims not timely made or otherwise not submitted in strict accordance with the requirements of this Article or other Contract Documents shall be deemed conclusively waived,the satisfaction of which shall be conditions precedent to entitlement. 11.3 Contractor assumes all risks for the following items,none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract.Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare"a bid, cost to prepare a quote for a change in the Work,costs to prepare, negotiate or prosecute Claims,and loss of projects not bid 43 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 11.4 Continuing the Work During Disputes. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. Contractor's failure to comply with this Section shall constitute an Event of Default. ARTICLE 12. PERMITS, LICENSES, FEES,TAXES. 12.1 Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2 Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality or Miami-Dade County as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12.3 All fees, royalties, and'claims for any invention, or pretended inventions, or patent of any article, material,arrangement,appliance,or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in Construction Documents for said work. 12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. ARTICLE 13.TERMINATION. 13.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Contract,the City may,in its sole discretion,terminate for the City's convenience the performance.of Work under this Contract, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Contract,and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City,. the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Article: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; 44 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 H. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials,services,or facilities,except as necessary to complete the portion of the Work not terminated(if any)under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract had been completed,would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City(if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and any property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its.receipt of.such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values,within 30 days of the effective date of termination,unless extended in writing by the City upon request.Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Contract,except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default If, after delivery of written notice from the City to Contractor specifying such Default,the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty- 45 I General Conditions for,Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 one (21) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Contract and the other Contract Documents; b. Failing,for reasons other than an Excusable Delay,to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower,workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work,except in the event of: 1)the issuance of a stop-work order by the City; or 2)the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Contract for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion,demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Failing to provide the City with a Recovery Schedule in accordance with the Contract Documents; k. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; I. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Contract; m. Failing to comply in any material respect with any of the terms of this Contract or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the time for achieving Substantial Completion or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 13.3. Termination of Contract for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined herein, or for any other breach of the Contract or other Contract Documents by the Contractor that the City, in its sole opinion,deems substantial and material,following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth herein, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Contract, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety,rendering termination effective immediately,and may take any of the following actions,subject to any prior rights of the Surety: 46 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 i. Take possession of the Project Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City(1)the fabricated and non-fabricated parts,Work in progress,completed Work,supplies and other material produced or required for the Work terminated; and (2)the completed or partially completed Project records that, if this Contract had been completed,would be required to be furnished to the City;and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause,the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e.CAD,Word, Excel,etc.),any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts,Work in progress, completed Work, supplies and other material produced or required for the Work terminated;and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest. d. All rights and remedies of the City's Termination rights herein shall apply to all Defaults that are non-curable in nature,or that fail to be cured within the applicable cure period or are cured but in an untimely manner,and the City shall not be obligated to accept such late cure. 13.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default,and irrespective of whether the City has terminated the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement(including,without limitation, not requiring any takeover agreement)or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or(ii)in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services,incidental to ascertaining and collecting losses under the Performance and Payment Bond including,without limitation,accounting,engineering,and legal fees,together with any and all costs incurred in connection with renegotiation of the Contract. 13.5. Costs and Expenses. 47 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default),together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Contract, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor,and the Contractor shall not be entitled to receive,any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Contract for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Contract,or that any delay hereunder was an Excusable Delay,the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained herein. The Contractor shall have no further recourse of any nature for wrongful termination. 13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Contract is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies,existing now or hereafter,at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article at any time shall not constitute a waiver of such rights and remedies. 13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety(90)days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required by the Contract Documents,and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding,then, unless the City is withholding such payment pursuant to any provision of this Contract which entities the City to so withhold such payment,the Contractor shall have the right upon the expiration of the aforesaid ninety(90)day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination,Contractor shall not be obligated to recommence the Work until such time as the City shall have 48 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. No act,event,circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. ARTICLE 14.MISCELLANEOUS. 14.1. Separate Contracts. 14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's own forces,to award separate contracts to other contractors or subcontractors,and to permit third parties to perform construction or operations in connection with other portions of the Project or other construction or operations on the Project Site or adjacent to the Project Site. City reserves the right to let other contracts in connection with this Project.Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 14.1.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work,except as to defects which may develop in other contractor's work after the execution of Contractor's Work. 14.1.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractors,including the City's own forces, on the site. Should such interference or impact occur,Contractor shall be liable to the affected contractor for the cost of such interference or impact Coordination with other contractors shall not be grounds.for an extension of time or any adjustment in the Contract Price. Contractor agrees that its pricing of the Work and the determination of the Contract Price were expressly based upon the Contractor's assumption of the foregoing cost risks 14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to integrate the work to be performed by the City or by the other contractors with the performance of the Work, and shall submit such plan to the City for approval.The Contractor shall arrange the performance of the Work so that the Work and the work of the City and the other contractors are, to the extent applicable, properly integrated,joined in an acceptable manner and performed in the proper sequence, so that any disruption or damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 14.2. Lands for Work. 14.2.1. City shall provide, as may be indicated in the Contract Documents,the lands,upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 49 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 14.2.2. Contractor shall provide,at Contractor's own expense and without liability to City,any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 14.3. Assignment.Neither the.City nor the Contractor shall assign its interest in this Contract without the written consent of the other, except as to'the assignment of proceeds. Notwithstanding the foregoing, City may assign its interest in this Contract or any portion thereof to any local or state governmental body,special taxing district,or any person authorized by law to construct or own the Project. Such assignee shall be bound to comply with the terms of this Contract. 14.4. Rights of Various Interests. Whenever work being done by City's forces or by separate contractors is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract Documents, , the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 14.5. Legal Restrictions and Traffic Provisions. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways,or water,without the prior written consent of the proper authorities. 14.6. Value Engineering.Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution,Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved,the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order.City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 14.7. No Interest.Any monies not paid by City when claimed to be due to Contractor under this Contract, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However,the provisions of City's prompt payment ordinance,as such relates to timeliness of payment,and the provisions of Section 218.74(4),Florida Statutes as such relates to the payment of interest,shall apply to valid and proper invoices. 14.8. Project Sign. Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines. 50 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 14.9. Availability of Project Site; Removal of Equipment. 14.9.1. Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage of equipment or materials,lay-down facilities,pre-cast material fabrication,batch plants for the production of asphalt, concrete or other construction-related materials, or other similar activities, shall require advance written approval by the Contract Administrator. The City may,at any time,in its sole and absolute discretion, revoke or rescind such approval for any reason. Upon notice of such rescission, Contractor shall, within twenty-four (24) hours, remove and relocate any such materials and equipment to a suitable, approved location. Notwithstanding any other provision in the Contract Documents to the contrary, the conditions or requirements of right-of-way permits established by the authorities having jurisdiction including, without limitation any regulatory authorities of the City, shall take precedence over any provision in the Contract Documents that may provide any right whatsoever to use of the Project Site for staging, material and equipment storage,lay-down or other similar activities. 14.9.2. In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 14.10. Nondiscrimination. In connection with the performance of the Services, the Contractor shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race, color,national origin,sex,age,disability, religion, income or family status. Additionally,Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance,codified in Chapter 62 of the City Code,as may be amended from time to time,prohibiting discrimination in employment, housing,public accommodations,and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,ancestry,height,weight,domestic partner status,labor organization membership,familial situation, or political affiliation. 14.11. Project Records. City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three(3)year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 14.12. Performance Evaluations.An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to.the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s)may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 51 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 14.13. Public Entity Crimes. In accordance with the Public Crimes Act,Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017,Florida Statutes,for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City.This Contract shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to perform or to assist in performing the Work. 14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 14.16. Severability. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract.An election to terminate this Contract based upon this provision shall be made within seven (7)days after the finding by the court becomes final. ARTICLE 15.INSPECTOR GENERAL AUDIT RIGHTS. 15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition,the Inspector General has the power to subpoena witnesses,administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design,bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its 52 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 overall annual contract expenditures to fund the activities and operations of the,Office of Inspector General. 15.3 Upon ten(10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 15.4 The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate.files,worksheets, proposalsand agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions,"financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates, or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. 15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination,audit,or reproduction, until three(3)years after final payment under this contract or for • any longer period,required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 53 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMi EACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) 1. GENERAL DISCLAIMERS. a. The solicitation referenced herein is being furnished to the Bidders'by the City of Miami Beach(the"City")for the Bidders convenience. It is the responsibility of the;recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance on these contents,or on any permitted communications with City officials,shall beat the recipient's own risk.Bidders should rely exclusively on their own investigations, interpretations, and analyses. Bidders are expected to examine the terms, conditions,specifications,delivery schedules,proposed pricing,and other all instructions pertaining to the goods relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive.All expenses involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense)of the Bidders,and shall not be reimbursed by the City. b. The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content, its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration, negotiation, or approval. Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such bid,or in cancelling awards,or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. c. It is the responsibility of each Bidders, before submitting a Bid, to: examine the solicitation thoroughly;visit the site or structure,as applicable,to become familiar,with conditions that may affect costs,progress,performance or furnishing of the Work;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; study and carefully correlate Bidder's observations with the solicitation.The Bidders shall notify the Procurement Director of all conflicts,errors,or discrepancies in the solicitation of which Bidders knows or reasonably should have known.The submission of a Bid shall constitute an incontrovertible representation by Bidders that Bidders has complied with the above requirements and that without exception,the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. d. Any action taken by the City in response to bids received pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such bid,or in'cancelling awards,or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.The City may postpone the • deadline for submittal of bids and may,but is not required to,make.a reasonable effort to give at least three(3)calendar days electronic notice of any such postponement. e. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting bid in response to this solicitation. - f. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(as applicable),which may be found on the 'City Of Miami Beach Procurement Department website at https://www.miamibeachfl.gov/Citv- hall/procurement/procurement-related-ordinance-and-procedures/. Requirement - I Code Section or Resolution Cone of Silence - 2-486 Protest Procedures 2-371 Debarment Proceedings 2-481 through 2-406 Lobbyist Registration and Disclosure of Fees 2-397 through 2-485.3 Campaign Contributions by Vendors 2-487 Campaign Contributions by Lobbyists 2-488 - Equal Benefits for Domestic Partners 2-373 Living Wage Requirement 2-407 through 2-410 False Claims Ordinance 70-300 Acceptance of Gifts,Favors&Services 2-449 Purchase of Goods and Services Sourced in Resolution 2016-29375 Mississippi Non-discrimination(boycotts) 2016-3990 2. ACCEPTANCE OF GIFTS,FAVORS,SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value to any official,employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 3. ASSIGNMENT.No contract shall be assigned,transferred,conveyed,sublet or otherwise disposed, including any or all right, Page 1 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH 'FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) title or interest therein,or power to execute such contract,to any person,company or corporation,without the prior written consent of the City. • 4. CANCELLATION.In the event any of the provisions of this Bid are violated by the Bidders,the City shall give written notice to the Bidders stating such deficiencies and,unless such deficiencies are corrected within ten(10)calendar days from the date of the City's notice,the City,through its City Manager,may declare the contract in default and terminate same,without further notice required to the Bidders.Notwithstanding the preceding,the City,through its City,Manager,also reserves the right to terminate the contract at any time and for any reason,'without cause and for convenience,and without any monetary liability to the City, upon the giving of thirty(30)days prior written notice to the Bidders. 5. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This solicitation is subject to, and all Bidders are expected to be or become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and,shall be,subject to any and all sanctions,as prescribed therein, including,without limitation, disqualification of their .responses,in the'event of such non-compliance. 6. DEFAULT. Failure or refusal of,the successful Bidders to execute a contract following approval of such contract by the City Commission, or untimely withdrawal'of a bid response before such award is made and approved, may result in a claim for damages by the City,and maybe grounds for removing the Bidders from the City's vendor list. 7. . DEMONSTRATION OF COMPETENCY.Pursuant to Section 2-369 of the City Code,when determining the lowest and best Bidders,in addition to price,there shall be a consideration of the following:(1)the ability,capacity and skill of the Bidders to perform the contract;(2)whether the Bidders can perform the contract within the time specified,without delay or interference; (3)the character, integrity, reputation,judgment,experience and efficiency of the Bidders; (4)the quality of performance of previous contracts; and (5)the previous and existing compliance by the Bidders with laws and ordinances relating to the contract.In doing so,the City may take any and all actions in deems necessary,including consideration of any legal,financial, operational(facilities,staffing and equipment)factor that may impact the Bidder's ability to successfully perform the contract, and the City may contact any prior or current client,employee or agent of the'Bidders. a. The City reserves the right to requestsupplemental information from Bidders at any time during the solicitation process, unless otherwise noted. ' • 8. DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows: a. Any contract or agreement resulting from the award of this solicitation;then b. Addendum issued for this solicitation,with the latest Addendum taking precedence;then c. The solicitation;then d. The Bidder's bid in response to the solicitation. In case of any doubt or difference of opinion as to the items and/or goods(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 9. ELIMINATION FROM CONSIDERATION.This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt,taxes,or contracts which are defaulted as surety or otherwise upon any obligation to the City. 10. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency,disaster,hurricane,tornado,flood,or other acts of force majeure that the City of Miami Beach,Florida shall receive a"First Priority"for any goods and services covered under any award resulting from this solicitation,including balance of line items as applicable. it is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation,vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. • 11. ESTIMATED QUANTITIES.Estimated quantities or estimated dollars,if provided,are for City guidance only.No guarantee is expressed or implied as to quantities or dollars that will be,used during the contract period.The City is not obligated to place any order for a given amount subsequent to the award of this Bid.Estimates are based upon the City's actual needs and/or usage during a previous contract period.The City may use said estimates for purposes of determining whether the low Bidders meets specifications. 12. ENVIRONMENTAL-REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves theright to declare a Bidders not responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal, ' a complete history of all citations and/or violations, notices, and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidders that there are no citations or violations.Bidders shall notify the City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during the time of performance of any contract awarded to it. • • 13. EXCEPTIONS TO SOLICITATION. Bidders must clearly indicate any exceptions they wish to take to any of the,terms in the solicitation,and outline what,if any,alternative is being offered. All exceptions and alternatives shall be included and clearly Page 2 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the Bidders to comply with the particular term and/or condition of the solicitation to which Bidders took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits orAddenda thereto). 14. FLORIDA PUBLIC RECORDS LAW.Bidders are hereby notified that all bids including,without limitation,any and all information and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes, and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30) days after opening of the bids,whichever is earlier.Additionally,'Bidders agrees to be in full compliance with Florida Statute 119.0701 including,but not limited to,agreement to(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the goods;(b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d)Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the Bidders upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 15. JOINT VENTURES/SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.bid shall be submitted only by the prime contractor. Bidders may, however, identify sub-contractors or sub-consultants to the prime Bidders who may serve as team members. 16. FORCE MAJEURE. a. A"Force Majeure"event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement,and(ii)is beyond the reasonable control of such party unable to perform the obligation, and(iii)is not due to an intentional act,error, omission,or negligence of such party,and(iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or tornadoes,earthquakes,or other acts of God which prevent performance.Force Majeure shall not include technological impossibility,inclement weather,or failure to secure any of the required permits pursuant to the Agreement. b. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen(15)business days thereof,provide notice:(i)of the occurrence of event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and(v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. c. The City may, in its sole and absolute discretion, make amendment or equitable adjustment in the contract terms and conditions and/or pricing to address very limited unforeseen circumstances outside of the successful Bidder's control relating to certain supply chain issues and extreme market volatility. The City may, but shall have no obligation to consider or otherwise approve an adjustment,where pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace satisfying,at a minimum,all of the following criteria: 1)the volatility is due to causes wholly beyond the successful Bidder's control; 2)the volatility affects the entire marketplace or industry, not just the particular successful Bidder's source of supply;3)the effect on pricing or availability of supply is substantial;and 4)the volatility so affects the successful Bidders that continued performance of the Contract would result in an excessive or unreasonable substantial loss or financial hardship to the Bidders, such as, for example, an event implicating insolvency or bankruptcy. Any adjustment would require irrefutable evidence and written approval by the Director of Purchasing Services. For the avoidance of doubt,this section does not in any way alter or affect the allocation of risk between the City and the Bidders pursuant to the Contract,or Bidder's assumption of all risks relating to its performance in accordance with the Contract terms. d. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event,and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. Page 3 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) e. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. f. Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein. Additionally,in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty(30)days,the City may,at the sole discretion of the City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 17. INDEMNIFICATION. The bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability,losses or damages,including attorney's fees and costs of defense,which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the bidder or its employees,agents,servants,partners,principals or subcontractors. The bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the bidder shall in no way limit the responsibility to indemnify,keep and save harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 18. INSPECTION,ACCEPTANCE&TITLE.Inspection and acceptance will be at destination,unless otherwise provided. Title to (or risk of loss or damage to)all items shall be the responsibility of the successful Bidders until acceptance by the City unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications,the City reserves the right to cancel the order upon written notice to the seller,and return the product,at the Bidder's expense. 19. INSPECTOR GENERAL AUDIT RIGHTS. a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. b. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present,and proposed City programs,accounts,records,contracts,and transactions.In addition,the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. c. Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector.General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. d. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents, construction documents,(bid/proposal)and contract documents,back-change documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. Page 4 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) e. The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding the acquisition(bid preparation)and_performance of this contract,for examination, audit, or reproduction, until three(3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals,litigation,or claims are finally resolved. f. The provisions in this section shall apply to the Contractor,its officers,agents,employees,subcontractors,and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 20. LAWS.PERMITS AND REGULATIONS.The Bidders shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with:all applicable laws. 21. LIABILITY, INSURANCE,LICENSES AND PERMITS.Where Bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid,the Bidders will assume the full duty,obligation and expense of obtaining all necessary licenses,permits,and insurance,and assure all work complies with all Applicable Laws. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers, employees,contractors,and/or agents,for failure to comply with Applicable Laws. 22. MANNER OF PERFORMANCE.Bidders agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County,and Federal laws,rules,regulations,and codes.Lack of knowledge or ignorance by the Bidders with/of applicable laws will in no way be a cause for relief from responsibility.Bidders agrees that the work and goods provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all-areas encompassed within their designated duties. Bidders agrees to furnish to the City any and all documentation, certification, authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidders further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Bidders to comply with this paragraph shall constitute a material breach of this contract. 23. MODIFICATION/WITHDRAWALS OF BIDS.A Bidders may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered. bid shall be irrevocable until contract award unless withdrawn in wilting prior to the bid due date, or after expiration of 180 calendar days from the opening of bid without a contract award. Letters of withdrawal received after the Bid due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. 24. MULTIPLE AWARD.The City may award two or more vendors(primary,secondary,tertiary,or higher),as available, by line item,by group or in its entirety,beginning with lowest,responsive,responsible Bidders(primary),followed by the second lowest, responsive, responsible Bidders(secondary), and continuing with other responsive, responsible Bidders in order of next best cost. The City will endeavor to,utilize vendors in order of award.However,the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest of the City to do so regardless of reason. 25. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered,not conforming to specifications,may be rejected,and returned at the Bidder's expense. These items,as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the Bidders. Any violation of these stipulations may also result in the Bidder's name being removed from the City's vendor list. 26. NON-DISCRIMINATION.The Bidders certifies and affirms that it is in compliance with and will be bound by the Section 202, Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons,without regard to race,color,religion,sex or national origin. 27. NON-EXCLUSIVITY.To the extent applicable,it is the intent of the City to purchase the goods or services specifically listed in the solicitation. However,the City reserves the right to purchase any goods or services awarded from any other governmental or cooperative contract,or on the open market. 28. OCCUPATIONAL HEALTH AND SAFETY. The Bidders warrants to the City that any work, goods, supplies, materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Page 5 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be bome solely by the Bidders. 29. OBSERVANCE OF LAWS.Bidders are expected to be familiar with,and comply with,all Federal,State,County,and City laws, ordinances,codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner,may affect the scope of goods and/or project contemplated by this solicitation(including,without limitation,the Americans with Disabilities Act, Title VII of the Civil Rights Act,the EEOC Uniform Guidelines, and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Bidders will in no way relieve it from responsibility for compliance. 30. OPTIONAL CONTRACT USAGE.When the successful Bidders agrees,other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 31. OSHA.The Bidders warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be borne solely by the Bidders. 32. OTHER TERMS AND CONDITIONS. Any order pursuant to the contract that includes terms and conditions other than those expressly approved in this solicitation or contract shall be null and void and rejected by the City. 33. PAYMENT.Payment will be made by the City after the goods have been received,inspected,and found to comply with contract specifications,free of damage or defect,and are properly invoiced. 34. PATENTS & ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees,contractors,and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted, patented,or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach,Florida. If the Bidders uses any design,device or materials covered by letters, patent,or copyright,it is mutually understood and agreed,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 35. PRICES QUOTED.Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total,when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid,the UNIT PRICE quoted will govern. All prices must be F.O.B.destination,freight prepaid(unless otherwise stated in Special Conditions).The Bidders may offer cash discounts for prompt payments;however,such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award,if made,will be in accordance with terms and conditions stated herein. Each item must be bid separately,and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 36. -PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371.Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 37. PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit a bid on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017, for Category Two,for a period of 36 months from the date of being placed on the convicted vendor list. 38. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful Bidders is considered to be an independent contractor,and that neither the Bidders,nor the Bidder's employees,agents,and/or contractors,shall,under any circumstances,be considered employees or agents of the City. 39. SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 40. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 41. TERMINATION FOR DEFAULT.If the successful Bidders shall fail to fulfill in a timely manner,or otherwise violate,any of the covenants,agreements,or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto,the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the Bidders of such termination,which shall become effective upon receipt by the Bidders of the written termination notice. • In that event,the City shall compensate the successful Bidders in accordance with the term of the contract for all work and/or services satisfactorily performed by the Bidders prior to termination,net of any costs incurred by the City as a consequence of Page 6 of 7 I Formai Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) the default. Notwithstanding the above,the successful Bidders shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Bidders,and the City may reasonably withhold payments to the successful Bidders for the purposes of set off until such time as the exact amount of damages due the City from the successful Bidders is determined. The City may,at its discretion,provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful Bidders fail to take the corrective action specified in the City's notice of default within the allotted cure period,then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 42. TERMINATION FOR CONVENIENCE OF CITY.The City may,for its convenience,terminate the work and/or services then remaining to be performed,at any time,by giving written notice to the successful Bidders of such termination,which shall become effective thirty(30)days following receipt by Bidders of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection,the City shall compensate the successful Bidders in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City,work and/or services actually performed by the successful Bidders,and shall also compensate the Bidders for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful Bidders for any profits that the successful Bidders expected to eam on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful Bidders upon a termination as provided for in this subsection. 43. TIE BIDS.In accordance with Florida Statues Section 287.087,regarding identical tie bids,preference will be given to Bidders certifying that they have implemented a drug free workplace program. A certification form will be required. In the event of a continued tie between two or more Bidders after consideration of the drug free workplace program,the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be.resolved.In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between Bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 44. VENUE.Any legal challenges to this Solicitation shall be brought in Miami-Dade County,Florida,and if legal action is necessary, exclusive venue for the enforcement of same shall lie in Miami-Dade County,Florida.The Bidder and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Solicitation. 45. CONTRACT EXTENSION.The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 46: AMERICANS WITH DISABILITIES ACT(ADAI. Call 305-673-7490 to request material in accessible format;sign language interpreters(five(5)days in advance when possible),or information on access for persons with disabilities.For more information on ADA compliance,please call the Public Works Department,at 305-673-7000,Extension 2984. 47. TRUTH IN NEGOTIATION CERTIFICATE.Any resulting contract,is issued and governed by section 287.055,Florida statutes shall require a truth in negotiation certificate. Execution of the contract by the consultant shall act as the execution of a Truth-in- Negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the contract are accurate,complete,and current as,of the date of the contract.The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete,or noncurrent wage rates and other factual unit costs.All such contract adjustments shall be made within one(1) year following the end of the contract. Page 7 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions contained elsewhere in the Contract. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold, currently$150,000,the following provisions shall apply: (1)Disputes and Remedies-Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim, dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute-Unless otherwise directed by the City,Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages -Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B.TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty(30) days written notice.Upon receipt of such notice,the Contractor shall not incur any additional costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The City shall be the sole judge of"reasonable costs." C.DEFAULT;REMEDIES;TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole,or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform.in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies available at law or at equity,including claims for damages and injunctive relief.The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if, following the initial notice of breach,the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default,the City may procure the required goods and/or services from any source and use any method deemed in its best interest.All re-procurement costs shall be borne by the terminated Contractor. DocuSign Envelope.ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 D.EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,sex,age,disability,ancestry,marital status, pregnancy,sexual orientation,veteran's status,or national origin.The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, religion, color,sex,age, disability,ancestry, marital status, pregnancy,sexual orientation,veteran's status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships.Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex,sexual orientation,gender identity,.or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an'investigation, proceeding, hearing,or action,including an investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information. (4) The.Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules, regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules,regulations,or orders,this contract may be canceled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each of Contractor's vendors and subcontractors.The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions,including sanctions for noncompliance. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 E.DAVIS-BACON ACT,AS AMENDED(40 U.S.C.§3141-3148)and COPELAND"ANTI-KICKBACK"ACT(18 USC§40 U.S.C.3145).The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program,and Transit Security Grant Program.They do not apply,to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Accordingly,if applicable to this Contract: (1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute,and if applicable,the Contractor must pay all laborers and mechanics employed or working upon the site of the work,unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay wages not less than once a week.The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds,.or programs which cover the particular weekly,period, are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR§5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the Davis—Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)The Contractor shall comply with 18 U.S.C. §874,40 U.S.C.§3145,and the requirements of 29 C.F.R. pt.3 as may be applicable,which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by'any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.§5.12. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 F.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C.§§3702 AND 3704. If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. §§3702 and 3704, requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth herein, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that"funding agreement," the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT,as amended,33 U.S.C.§§1251-1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. §7401 et seq. and issued pursuant to the Federal Water Pollution Control Act,as amended,33 USC§1251 et.seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn,report each violation as required to assure notification to the City,Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I.ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.Section 6321 et seq.)and(42 U.S.C.6201). DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 J.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION. (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).'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.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.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 and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form,the Contractor shall also execute and provide the City with,and require all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The Contractor shall require all lower tier participants to agree that they:a.shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii.they will include this clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion",and the certification form,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals.The Contractor may,but is not required to check the Non-procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City may pursue available remedies including suspension and/or debarment. K. BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 L.RECYCLEDPRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.AII goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards(NIOSH),and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation,during the term of any contract resulting from this solicitation. In the performance of this Contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements;or(3)At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background- corn prehensive-procurement-guideline-progra m-cpg. M.CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS,C.F.R.§200.321(G). Pursuant to C.F.R.200.321(g),the City will take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible.Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;an (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)through(5)above. N.ACCESS TO RECORDS. In addition to the provisions contained in the Contract,the following access to records requirements apply to this Contract: (1)The Contractor agrees to provide the City,the FEMA Administrator,the Comptroller General of the United States,or any of their authorized representatives access to any books,documents,papers,and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts,and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract. P. DHS SEAL, LOGO,AND FLAGS.The Contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Q.COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS.This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract.The Contractor will comply with all applicable Federal law, regulations,executive orders, FEMA policies,procedures,and directives. R.NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity,Contractor,or any other party pertaining to any matter resulting from the Contract. S.CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T.INDEMNIFICATION For any work performed on Federally funded projects,the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U.E-VERIFY.The Contractor 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. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.5 INVITATION TO BID NO. 2022-607-ND MAURICE GIBB MEMORIAL PARK(the"ITB") September 30,2022 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). The deadline for questions has passed. No further questions will be considered. I. ITB DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is extended until 3:00 p.m.,Wednesday,October 12,2022. All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals. Hard copy proposals or proposals received electronically,either through email or facsimile,submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. PUBLIC BID OPENING Dial-In Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Conference ID No: 365 574 793# To join on your computer or mobile app Click here to loin the meeting Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado a(�.miamibeachfl.gov 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 their ITB submission. si f-rely, ik AI' �enls •r urement Director ITB No.2022-607-ND Addendum#5 9/30/2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 4 INVITATION TO BID NO. 2022-607-ND MAURICE GIBB MEMORIAL PARK(the"ITB") September 27,2022 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. REMINDER ITB DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is until 3:00 p.m.on Friday,October 7,2022. All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals. Hard copy proposals or proposals received electronically, either through email or facsimile,submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted,bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. REVISION.Delete Project Manual Specification No.01580,Project Identification Signs,of the ITB in its entirety and Replace with Revised Project Manual Specification No. 01580, Project Identification Signs, attached hereto as Exhibit D. III. ATTACHMENTS. EXHIBIT A: Revised Bid Set, Drawing No. C-21 EXHIBIT B:Approved Product Substitution for Shade Systems EXHIBIT C:Optimized Plan Sheet, Drawing No.A-101,A303 and A304 EXHIBIT D: Revised Project Manual Specification No. 01580, Project Identification Signs IV. RESPONSES TO QUESTIONS RECEIVED: Q1: Please provide the bid results for the previous letting of this project. Why was the project not awarded in the previous letting? A1:Pursuant to Florida Statute 119.071 General exemptions from inspection or copying of public records, "if an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from s. 119.07(1)and s.24(a),Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation." Therefore, bid results pursuant to ITB 2022-309-AY are exempt from public record at this time. The bids submittals received pursuant to ITB 2022-309-AY were rejected since they exceeded the budgeted amount. 1 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q2:What changes were made to the plans and specifications from the last letting? A2: No changes were made to the project design. Q3: In the plans it notes that the project will be utilizing shade structures at the playground.We would like to ask for your consideration of approving Shade Systems Inc. as an alternate for this project. A3: The request for approval of Shade System, Inc. as an alternate for this project has been reviewed and approved with notations, see Exhibit B. Contractor shall comply with all requirements for shade structures as stipulated in the contract documents. Q4:.Is the City of Miami Beach going to be responsible for the low voltage work for this job or would that go through another entity? A4: The contractor shall be responsible for the low voltage scope as detailed in the contract documents, including sheets E-2.4, E-3.0, E-4.2,.and E4-.3. The City of Miami Beach will be responsible for completing the low voltage system scope not indicated in the documents. Q5: Sheet C-21 is missing from the provided drawing set. A5: Please refer to Exhibit A, Revised Bid Set, Drawing No. C-21. Q6: Pertaining to the CCTV, is it conduit, boxes, and racks only, or is it a full scope CCTV job with wiring and programming. Please advise on what the full scope entails. A6:See Response to Q4. Q7:What is the purpose of keeping the adjacent parking lot open?This is a liability for the City of Miami Beach as well as the contractors working on the project. Keeping this parking lot open would be counterproductive to the project. The number of trucks that need to navigate through for all the cut and'fill, as well as heavy machinery and equipment, and concrete work will have an extremely difficult time gaining access to the job. This will also surely cause delays to the project schedule. Please advise. A7: The parking lot serves the Marine Patrol Building and Docks that will remain open during construction.The parking lot also serves the neighborhood businesses. The Contractor shall take into consideration that the parking lot shall remain open for public use during construction, while creating the schedule, to avoid delays. Should it become necessary to close any portion of the parking lot during construction,the Contractor shall request approval from the City with three weeks prior notice. Q8:Assuming the parking lot must remain open for the duration of construction, are we to include in our base bid any allowance for restoration, restriping, and/or sealcoating to take place as there will be damage in areas of the parking lot due to the amount of traffic expected for this project. A8: Refer to Sheet G-08, Note No.9. 2 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B E AC I-i PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q9: Is Chain link tree protection necessary, or are there alternate options? A9:The chain link tree protection detail is required per the City of Miami Beach standard.There are no alternate options. Q10: Silva Cell System is it needed and where? A10: The Silva Cell system is required at the Eucalyptus Degulpta(Rainbow Eucalyptus tree), labeled EUDE, which is proposed adjacent to the shoreline. The location of the Silva Cells is shown on Sheet LA-004 (Planting Plan). The installation detail is available on Sheet LA-006 (Landscape Details). Q11: What is the length to be for the Tiebacks along the sea wall? The drawings show diameter size and placement but not length. All:The tiebacks are forty(40)feet in length. Q12: On sheet S-02 the riprap depicted at the proposed fishing pier does not specify if it is existing to remain, or if it is proposed to be new. Only an 820 SF Section south of the overlook pier is specified proposed to be new. Please clarify. Al2:Sheet S-02 includes a section reference of BIS-03. BIS-03 notes that the existing riprap is to be removed,stored on-site,and re-installed in front of the new bulkhead.This riprap is to be reinstalled to a maximum of eight (8) feet waterward of the wetface of the new seawall, as indicated in detail BIS-03. Q13:Sheets LA-007 to LA-010 details a proposed irrigation system for the park renovation but does not denote any tie-ins or removal of the assumed existing irrigation onsite. Please advise on the scope of the existing irrigation system within the project limits. A13:The irrigation system outside of the project limits shall be maintained as fully functioning and automatic during the entire construction process.All landscape areas shall have 100% coverage with 100% overlap of spray, and the rain sensor shall remain functional. Irrigation lines that extend into the project limits shall be capped off. If it is determined that the water source for the irrigation system outside the project limits is within the project limits,then the contractor shall ensure that the irrigation line is maintained in working order.At the completion of the construction of the park,the areas outside the project limits shall be tied into this new irrigation system, thereby providing one fully functioning irrigation system for the park.The Contractor shall submit a shop drawing for how this tie-in will occur. Q14: Detail D on S-04 depicts a 110" Proposed Planter Area. Is there another detail that better shows location and overall size of this Planter Area? A14:The Proposed Planter Area is located adjacent to the proposed Overlook as an extension of the Mangrove Area.Additional information regarding the Planter Area can be found on Sheet S-15(Proposed Mangrove Plan). 3 ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q15: Sheet F-02 details proposed trash can/recycling bin to be Scarborough, Metallic color. These products also can be made from recycled plastics, is that an acceptable alternative? A15: Recycled plastics is not considered an acceptable alternative for the trash and recycle bins. Q16: This question is regarding the Trash & Recycle Receptacles: Are there Twelve (12) of each (total 24 units),or just Twelve(12)total? On plan page A-102 reference 2, it shows a quantity of 12 but the figure used shows them as a pair. A16: As shown on Drawing No. A-102 the plan proposes 14 trash can I recycle bin pairs (2 each).The plan should be referenced for the unit quantity instead of the Quantity Table. Q17: Provided Project Manual states substantial completion to be 450 Calendar days of the Notice to Proceed to start construction but ITB document states 540 days. Please clarify which documents supersedes the other and what period should be considered for this project. A17:540 Days for Substantial Completion and 60 Days for Final Completion as indicated in the ITB Summary. Q18: Do you have the critical fall heights for the playground equipment by piece? A18: Drawing No. C-23 notes the different areas of approved Pebbleflex mat thickness per probable falling. height around the playground equipment. Note that the thickness varies depending upon the location surrounding the playground equipment. The critical fall heights shall be incorporated with the delegated, engineered shop drawings for the playground equipment required by the contract documents. Q19: Please advise when you anticipate Notice of Award to be issued. A19: Notice of Award is anticipated in November 2022. Q20: Miami Dade.County—Class 1 Construction Permit will expire prior to the construction completion date; will the owner renew/extend this permit upon expiration? A20:Yes,the City of Miami Beach will request a permit extension. Q21: Miami Dade County— Class II Drainage Construction Permit Modification expires 07/16/2022, will the owner renew/extend this permit upon expiration for the project duration? A21: The Class II Drainage Construction Permit Modification has been extended through 711312023. Q22: Miami Beach — Tree Work Permit expires 02/24/2023, will the owner renew/extend this permit upon expiration for the project duration? A22:Yes,the City of Miami Beach will request a permit extension 4 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I A/ V 1 I BEACH PROCUREMENT DEPARTMENT '1755 Meridian Avenue,3d Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q23:Who pays for the Quality Control (proctor, density test,concrete test, etc),the Contractor or the City? A23: The City of Miami Beach will pay for testing as specified in Section 01410 of the contract documents. Q24:.The schedule of values calls for Silva Cells and the drawings has detail, but the plans do not show where it goes. Please advise. A24:See Response to Q10. . Q25: Can the City show us where the Root Barrier in the Landscape Plans goes? A25:Additional information regarding the installation of the Root Barrier system for the project trees is available in Note 2.5 on Sheet LA-005, and in both drawn details on Sheet LA-006. Q26: The Contractor has to install'a Field Office? A26: Refer to Section 01590"Contractor's Field Office" of the project manual. Q27: The Architectural Plans (A-103) show under the Walkway an Engineered Fill ( Clean fill ) but the Civil Drawings on sheets C-11 (Detail#6)and C-16 to C-19 show 8" Limerock Base. Which is the correct one? A27:The base for the walkways shall be as indicated in the Civil drawings,8"limerock base. Q28: Please confirm if the walkway has thickened edge on both sides. A28: The walkway has thickened edges on both sides, throughout the plan. The thickened edges are shown on Sheets C-16 through C-19. Q29: Please confirm that the walkway is not reinforced. A29:The walkway is not reinforced. Q30: Regarding the Maurice Gibb Memorial removal, please clarify if the Contractor has to remove & install only the plaque or the entire memorial with color tiles. A30:The entire memorial must be removed during the site demolition and site excavation.Only the plaque shall be reinstalled as indicated on Sheet A203. 5 1AI DDDNVITATIONENUM TONO.4 BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AI\'\I B EAc PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q31: Sheet C-16 details section cuts for sheet C-02 Upland Development and references'D'Type Curb to be installed adjacent to the concrete walkway but does not identify exact areas of this to be installed. Please advise extents of'D'Type Curb. , A31: The'D' Type Curb is intended to provide a separation between the site landscaping and the park area, adjacent to the parking lot. The Curb runs 266 L.F. in the areas adjacent to the playground and does not border the parking lot nor does the curb run under the proposed park benches. The 'D' Type Curb is detailed on Sheets C-16 and C-17. Cross-sections for these sheets were drawn on Sheet C-02. Q32: Sheet A-202, Detail B references details of the proposed retaining wall including the installation of skateboard deterrents. Please advise if these are the only areas along the retaining wall(approximately 55 LF) that are to have skateboard deterrents installed or are they to be installed throughout the extent of the wall. A32: Skate Deterrents shall be provided along the retaining wall as indicated on sheet A-202 and detailed on detail 8 of sheet F-03. Q33: Please confirm if there is a specified length of piles needed for the fishing pier and overlook scope of work. A33:The piles should be as indicated on sheet S-12,where the top is located at elevation+5.70 NAVD (+7.24' NGVD)and the bottom tip elevation should reach-26.00' NAVD(=24.46' NGVD). Q34: Landscape and irrigation section on the provided Bid Form—Schedule of Values(Appendix A)has a line item for'Living Shoreline: Irrigation' but there is no irrigation along the shoreline. Please advise if this is to be included in our bid. A34: Irrigation is not required for the living shoreline. Please respond with an NIA to line item 55 on the Bid Price Form. Q35: Can alternative playground surface be proposed other than Pebbleflex 2.0 for the safety surfacing scope of work? A35: In order for an alternate to be approved,the product color and thickness of the material in the fall areas must be prepared and submitted to the FOR for consideration and is subject to review and approval by the Design Review Board or its designee.A modification to the City Building Permit may also be required with any design revisions. Drawing No. C-23 notes the different areas of approved Pebbleflex mat thickness per probable falling height around the playground equipment. 6 1ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC I-i PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q36: Can alternative site furnishings (i.e., tables, benches, trash receptacles) be proposed other than what is specified in the plans and specifications? A36: In order for an alternate to be considered as an approved equal,the product information must be prepared and submitted to the FOR for consideration and is subject to review and approval by the Design Review Board or its designee.A modification to the City Building Permit may also be required with any design revisions. Q37: Please confirm that 6" Porous Concrete Slab Reinforced is under Decking area(sheet C-33). A37: Yes, the 6" Porous Concrete Slab Reinforced is under the Decking area at the Drop Off Area. Q38: Dwg. Sheet A-101 cannot be viewed, please advise. A38: Please refer to Exhibit C,Optimized Plan Sheet, Drawing No.A-101,A303,and A304. Q39: Dwg. Sheet C-21 is not included in the planset, please advise. A39: Please refer to Exhibit A, Revised Bid Set, Drawing No.C-21. Q40: Please clarify Item 32 of Schedule of Values "Enclosure for Electrical Equipment" under Hardscape. No architectural enclosure reflected in plans. A40:The Enclosure for Electrical Equipment is part of the CCTV Cabinet design.The Cabinets are described on Sheet E-2.4 and are shown on Sheet E-2.4 under label numbers 4,5, and 6.A detail of the rack associated with the Cabinet design is shown on Sheet E-4.3. Q41: Please clarfiy Item 40 of Schedule of Values "Switchgear" under Electrical and Lighting. No switchgear reflected in plans. A41: The Switchgear consists of the electrical disconnect switches and the power board as shown on Sheet E-3.0. Q42: Please clarify boundary between Park and Living Shoreline as per mentioned in the Schedule of Values Items 54 to 59. A42: The boundary between the Park (uplands) and the Living Shoreline (wetlands) is the proposed seawall. Q43: Can the owner consider a two-week extension on the bid due date? A43:The bid opening has been extended to October 3rd. 7 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q44:Where is the location of the designated landfill for the disposal of contaminated soil? A44: The disposal of the contaminated soil shall be at a landfill identified by the contractor, that complies with all the requirements of the contract documents, including the Soil Management Plan. Q45: ITB final document shows 540 project duration, however appendix F Project Manual page 9 shows 450 days. A45: See Response to Q17. Q46: Is it ok to use MS Project instead of P6 Primavera for CPM schedule. A46:The Contractor shall use Primavera P6. Q47: Specs 01311 part 1 calls for Primavera version 3.0. This version no longer exist. A47:The Contractor shall use Primavera P6. Q48: The retainage language in Article 5, section 5.2 of the General Terms and Conditions for Construction has the incorrect percentage. A48: The retainage language in Article 5,section 5.2 of the General Terms and Conditions for Construction has the incorrect percentage. As of October 1, 2020, the retainage that may be withheld from public construction may not exceed 5% of each payment. This bill removes the 50%°completion requirement and applies to the entire project.Therefore,the retainage for this contract will be 5%from 0%to 100%work complete. Q49:The sheets C-21,-303, and 304 are missing. Please advise. A49: Please refer to Exhibit A, Revised Bid Set, Drawing No.C-21,and Exhibit C,Optimized Plan Sheet, Drawing No.A-101,A303,and A304. Q50: Do the quantities (6,855 and 12,995 CY) shown on the drawing for cut and fill take into account the additional excavation from Section 3.0 from Soil Management Plan? A50: The additional excavation from Section 3.0 of the Soil Management Plan is not included in the quantities referenced. However, per the General Conditions for.Construction Contracts, Section 1.2.4, "The contract documents shall be taken as a whole and are complimentary,and any item of work called for in any Contract Documents shall be binding as if called for by all....". The quantities for the cut and fill shall include all quantities represented anywhere in the contract documents. I 8 ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q51:The Curb Type D shown on sheets C-16 and 17(sections A&B)does not appear anywhere else. Please confirm if it is part of the scope of work. A51: See Response to Q31. Q52:What is the thickness of the Oolite stone veneer and Oolite Cap? A52:The Oolite cap measures 1.5 feet wide by 0.33 feet deep.The Oolite stone veneer measures 0.33 feet deep,with varying heights. 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, *1(b --- Kristy Bada Procurement Contracting Manager 9 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 /\,\ I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT A Revised Bid Set, Drawing No. C-21 10 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park :I 7 NOTE:SEE SHEET C-07 AND ENGINEERINGNEEEN CONTROLTROLENTAL NOTES TOR DERN SOIL VANACENENT AND PLAN REQUIREYENIIS. W J E 9375A7 """LH w POST IOGTION 530921.77 rikg.4 I 1 ai, i' , J ,.,, L 1 N:530934.55 PROPOSED FENCE.® I �JI�II �I)� 1 E 937560.18 f:T19 .I'•. /iLSE.31Ri. �A POSE LOCATION I 1,! 1 / POST 3094203 N P<5750992 k 93750043 55 ._ N.530942.03 LOCATION E:5309 2.0 E 937507.43 E:'' E 937596.15 / It530943.53 I I E 937390,25 ,ACCESS GTE POET LOGIMN % W I M SMUTKEY MAP N:53096035 / ItSJ09M.72 E W751E.OD E 937630.69 E 93757203 2°° ^ POST LOCATION 1 /-N 530975.66 // / i i:�i�i SCALE. xoo a' f 9776J2.09 POST LOCATION / (-N: 62 I E 937629.74 9.71 / / ACCESS GATE/ POST LOCATION . k 937576.63 E 837576.63 Pf :::,'I / k 531031.• PC 531091 I E 937556.6P 49•� )II POST LOCATION ✓0 P N 531007.10 I N:531010.37 � E 977608.96 E 937556.11 P ' I . 1WNTENANCE GATE NOTE 'TOR WIDE). IAxt I, \ dLi COMPACTOR TO PRONI)E SHOP DRAWINGS // _ - - PROPOSED DOG PARK k 5,o,D.32 N I E f07556.35 - - \/i SOLE:7•.tr DOGS PARK ACC53&OATE I . (46'WOE).SEE(T.CdJ,T / I ',FOR GATE DE1NL5 .J7005.36 DOG'S PART(ACCESS GTE li� r-r%^ - - JI r-h' E 137SSEE3 (46*WOE).SEE ® �I! - - - / I - T*'.= FDR GTE DETAILS L-���'•-_ - - {1 _ _I E S31OW.13 111111 N:S30B44,72,1 - - - - / I - _ E-83755EI7-, k 91001.11 E 9375722 % - 0- _ _ E 937556.59 N:530943.62 N:93093'/A0 - -IF2-5-1 E 9375 72A1 r _ E_7572.04- _ / - - - - M:571001.57 \ E 837552.15 - - - - t/:jf:) S N:530101 E 75i7,1r\ - �5- Pf N.5J1006. -g- +' E uEJISN.w 1011.35 \,, �-tt, E E775M.A - ii 111 - 0 -• - - ,, - -E 637546.36 1016 tokki PLFASER TO NH I.OURLOWY.OF_OR.FOR ''jj3 N:530942.03 i + - E 1�.•53 _\� ,A E 9JT1002.18 7518.47 305-673-7080 larz.us/nv E 237559.91 A _ ♦ - ♦ TR6 RIM NW BEEN 5(39 sum AD 4/1TD M 1\ ,' T-.IF Ili Dot's PARK Ft MR. MS=x Inc I.O ER N:570939.41 A - - MR ! WY W E 937560A0 k 5700.H.M - _ - - ACCESS GTE 90D NO SEISED 9W91.WB IE WARD E 9375M.W _ _ _ (46'WIDE)SEE EN NM ESCROW toes # OOC'S PARR ACCESS GTE\ FOR GTE O€TM.S aA 00.1 O MOO /,._•u ..,,4• (46'WIDE).SEE - - - CALL 46'...TOLL MRE DIGGING C O A E TA E. COASTAL STSTE1611T®M110141L,1C/.. ••..••,- FOR GTE DETALS CI . Cm,IW.L Sh IM sW 9M f OL*I F •5SOUTH DOG PARK ENTRANCE DETAIL NORTH DOG PARK ENTRANCE DETAIL 1-800-432-4770 1 '" 11:�"'�Iw r•y113NOTE: A,F:1'=3' SCALE.1.=3' as.sA1[mW nu CF run.Ie E ' a n.NeFlIImT dALL SCALES INDICATED PERTNN 70 ORTN •1i=i=�or ADAoe a ?h RILL SIZE OW96NO5 24-v36- ;MN.O:M ® ® :Y.TEME N.r w sm. TIC SCALE: t =DLO.'• c SCALE: 1=10-0 N. FL PAIS Ole Dors,. MIAMI BEACH PRaKn MAURICE GIBB MEMORIAL PARK ""� - Oran DOG PAAW FENCE PUN LR o O�A L�pr PLANS C-21 OFFICE OF CAPITAL IMPROVEMENT PROJECTS ADDRESS AS OR AP MR 1 MAW, DEWS pu>uu6 •. w+w+Fla¢re OWOSS..•...,A WWI io•csa.ul,• 1700 PURDY AVENUE MIAMI BEACH,FL 33139-1424 -,,,,� _ LE .ro. w REVISION Awo.w o+wh�NIN•� DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 t\A I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT B Approved Product Substitution for Shade Systems 11 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 S hade ogRocamo- INC. 4150 S.W. 19 Street • Ocala, FL 34474 Tel.: 352/237-0135 • TOLL-FREE: 1-800-609-6066 • FAX: 352/237-2256 e-mail: info@shadesystemsinc.com RE: Product Substitution Dear Sir or Madam: Enclosed you will find our submittal pursuant to the above-referenced project. , Please note the important benefits provided by Shade Systems products: • • 20 year post and frame warranty • 10 year fabric and stitching thread warranty • Up to 99% UV Block • Includes your choice of fabric and powder-coat colors shown on page 37, plus many optional powder-coat colors • Shade Systems is the only manufacturer whose time-tested Turn-N-Slide easy fastening system has been in continuous use for over 17 years and has been through hurricanes Wilma and Katrina in 2005 Thank you for the opportunity to bid your shade requirements. We look forward to being of further service to you. Sincerely, COASTAL SYSTEMS INTERNATIONAL,INC. APPROVAL OF THIS SUBMITTAL IS SUBJECT Jeremy Purkis TO THE PROVISIONS OF THE CONTRACT Architectural Specialist DRAWINGS AND SPECIFICATIONS THIS ACTION p IS FOR GENERAL CONCURRENCE ONLY AND THE End. ENGINEER IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS. ❑APPROVED APPROVED WITH NOTATIONS INDICATED RESUBMITTAL NOT REQUIRED O APPROVED WITH NOTATIONS INDICATED RESUBMIT WITH CORRECTIONS O DI •,..D,RESUBMIT U ►r` „'v!ED BY DATE DocuSign Envelope ID:D33400B5-1AOB-45BE-A3CD-D412438DD195 WhyChaosc Sh GC ° Systoms? ✓TURN-N-SLIDE"EASY FASTENING SYSTEM ,,- N. • Makes it easy to remove and re-attach the • Only patented and time-tested system of-its kind—in ,r Q,. ,- :^,, 0 fabric canopy for the winter season or in case continuous use nationwide since 2003 ti, =wa v..' �+ of severe storm such as hurricanes(most other See our demonstration video at • shade companies'products are permanent www.shadesystemsinc.com ,‘:- 747i and require professional installers to remove ♦1 •y1 p,,.../1-00P and re-install the canopy) ✓ONE-POINT'SAILS'ATTACHMENT SYSTEM 4� • No need to thread messy cables—each corner of the l'7-' 'Sails'fabric canopy features a stainless steel bracket i with just one tensioning bolt to easily attach or remove ,6.f t • ‘.. IL/ the canopy. • Cables are permanently concealed in the hems and .• terminate in the stainless steel bracket— you never have to touch them! °•/r • All cables and hardware are corrosion resistant - 0 stainless steel for maximum durability. • Please see page 24 for more details. ✓MOST EXTENSIVE 7-STEP POWDER- 5.Final Surface Preparation.•All metal parts are then sealed COATING PROCESS IN THE INDUSTRY using a reactive,non-chrome sealer,for enhanced corrosion protection and Increased paint adhesion. FOR CORROSION-RESISTANCE 6.Coastal Primer. Prior to powder-coating,a rust Inhibiting 1. Sandblasting. Metal parts are sandblasted to completely remove coastal primer is applied for maximum corrosion resistance any surface oils and rust in the most demanding outdoor environments. 2.Mechanical smoothing: Any remaining foreign matter is 7.Application of Powder-Coating.Lastly,PPG Envirocron'" mechanically removed from surfaces by sanding,grinding,and Ultradurable powder coatings are applied for a durable and rounding rough edges to smoothness. uniform final color finish. 3.Initial Surface Preparation. A heavy-duty liquid cleaner is applied for initial surface prepatetion. I 4.Corrosion resistant Coating. Liquid detergent iron phosphate ,` , t . -r. is applied,resulting In a superior quality corrosion resistant sub- `-X° .- coating- _ EXTENSIVE USE OF STAINLESS STEEL FOR ✓ MOST COMPREHENSIVE WARRANTIES MAXIMUM CORROSION RESISTANCE IN THE INDUSTRY • All stainless steel hardware 20 yrs on metal frames against rust-through corrosion • All stainless steel cables 10 yrs on CooiNet"'shade fabric against deterioration ✓100%U.S. MADE—ALL UNDER ONE ROOF 10 yrs on CoolNet"stitching thread against deterioration IN OUR FLORIDA FACTORY 10 yrs on Turn-N-Slide"Easy Fastening System Watch our 5-minute Factory Tour video: 10 yrs on stainless steel cables www.shadesystemsinc.com **And none of the above warranties are pro-rated!" DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Turn- \ -Shco -cs FasteningS stem vv .. _______ ,.., ._ ,. . ... , . . I • '�a i ,'r.* Reverse the steps to re-attach STEP 1: it's that easy! STEP 2: Use our special vandal-resistant Turn concealed nut using a standard tool to remove access cap socket wrench.Attachment hook moves backward,releasing the canopy cables. t r :� ^ v 's .."" y • ^1 v ' 4 .-,i` ' s" .4{" . ti A�' A, " ,-_ ral 4,.',,.. ,&.,--1. I'.e2 ,',,...,:s'-*:-.Jir.,', „ .9livir Ill • i + I 'i `�� t ut i r I..,. i f 1 fit{- 1 I r , • . �' i+i^-- _ ...- - - .•._t t t rile ik, I rx �Ir , . � WHAT IS THE TURN-N-SLIDE'"? WHAT DOES THE COMPETITION OFFER? Our patented Turn-N-Slide"Easy Fastening System is an Good question.The competition's canopies are mostly Ingenious mechanism which comes standard on all frame- designed to be permanent,and require special tools supported Shade Systems products and makes removal and and oftentimes the services of professional installers for re-attachment of the canopy quick and easy for most anyone removal and especially re-installation.Ask the competition on your staff.And it's covered by a 10 year warranty- to describe the specific steps required to remove and then re-attach their canopy,and judge for yourself if the same thought has gone into their product as the.Turn-N-Slide. WHY DO WE NEED SUCH A MECHANISM ON OUR SHADE? If you are located in colder climates,you will want to remove WHERE CAN WE LEARN MORE your canopy and store it for the winter season. This prolongs ABOUT THE TURN-N-SLIDE? the canopy's life by not subjecting it to snow loads and Visit our website at www.shadesystemsinc.com to see a winter storms. Likewise,if you are located in an area subject 6-minute online demonstration video of how easy it is to to hurricanes or tornadoes,the Turn-N-Slide allows quick remove and then re-attach your Shade Systems canopy. removal of the canopy as soon as you receive a storm warning. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Pre-Engineered Fabric Shade Products Part 1—General 1.1 Related Documents Drawings and general provisions of the Contract,including General Conditions and Division 1 Specifications.Sections,apply to this section. 1.2 Summary The shade structure contractor shall be responsible for design,engineering,fabrication and supply of the work specified herein. The intent of this specification is to have only one manufacturer be responsible for the aforementioned functions. 1.3 Submittals 1.3.1 Pre-Bid Submittals A. Provide proof of installed reference sites with structures for similar scope of project and installation that are engineered to International Building Code(IBC)specifications. Include in reference list of structure dimensions with install dates and project locations. B. Provide information to establish desired fabric color and power coat color. C. Provide proof of all quality assurance items including: 1. A list of at least six(6)public municipal installations where manufacturer's product as proposed pursuant to this bid has been installed and has been in continuous use for a minimum of five(5)years each. 2.. All manufacturers shall provide proof of a minimum$2,000,000.00(AG)General Public Liability Insurance,$2,000,000.00 Professional Liability(PL) insurance, $100,000.00 Inland Marine Insurance,and additional$5,000,000.00 Umbrella Liability insurance. 1.3.2 Award of Contract Submittals A. Make available wet-sealed structural engineering drawings and calculations B. Provide fabric color and powder coat color selections for final order. Pre-Engineered Fabric Shade Structures Page 1 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 1.4 Project Conditions A. Field Measurements:verify layout information for shade structures shown on the drawings in relation to the property survey and existing structures. Verify locations by field measurements prior to construction. 1.5 Warranty A. The successful bidder shall provide a one(1)year warranty on all labor and materials. B. A supplemental non-prorated warranty from the manufacturer shall be provided for a period of ten (10)years on fabric including stitching and twenty(20)years on the structural integrity of the steel,from date of substantial completion. C. The warranty shall not deprive the Owner of other rights the Owner may have under the provisions of the Contract Documents,and will be in addition to,and run concurrent with, other warranties made by the Contractor under requirements of the Contractor documents. D. Because of surety requirements,any performance and payment bond that might be required will cover only the first year of the warranty.The manufacturer's warranty will be a separate document and will be executed at the time of completion of the work. Part 2—Products 2.1 General The shade products shall be designed and manufactured to the most exacting specifications by skilled craftsmen,and certified by Professional Engineers for structural soundness of designs. All shade products are shipped knocked-down,with complete assembly instructions,and ready for easy in-field installation. Bidder's products must be completely manufactured entirely in its own factory by its own employees, including powder-coating,thereby ensuring complete quality control. Bidder must certify that no aspect of its production—including powder-coating—is contracted out to third parties. The proposed structure(s)manufactured by Shade Systems, Inc TM or approved equal,shall be modular and pre-fabricated,and include the structural steel frame,fabric roof,steel cables and all fasteners. Manufactured by:Shade Systems,Inc. 4150 SW 19th Street Ocala,FL 34474 (800)609-6066 Tel (352)237-2256 Fax Contact: Jeremy Purkis Email: Jeremy@shadesystemsinc.com www.shadesystemsinc.com Pre-Engineered Fabric Shade Structures Page 2 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 B. Or Equal:Standard for approved equal. Ten(10)day prior approval required for substitution of product design,materials and features specified above. Submittals must include plans, drawings,cut sheets,material data sheets,testing results and samples. Bids failing to meet this requirement will be deemed non-responsive. C. Structures are engineered to meet or exceed the requirements of International Building Code (IBC),and the following standard specifications: rr� Wind Speed(Frame only): 165 M.P.H. 1-01 Za�'Y`1'backS Q P+'t�n Wind Speed(Frame w/canopy): 90 M.P.H. e e e'V ve TA1 1.0 L\ Live Load: 1/ �" If A S C E — t Snow Load: V(' Optional designs with greater wind speeds,live loads,and snow loads are available. D. Material:All materials shall be structurally sound and appropriate for safe use. Product durability shall be ensured by the use of corrosion-resistant metals such as stainless steel,and coatings such as zinc-plating,galvanizing,and powder-coating on steel parts,subject to the Product-Specific requirements. Fabrics used shall include UV-stabilizers and fire retardants for longevity and safety. E. Packaging:All metal posts,rafters and beams shall be wrapped in plastic and cardboard to protect the powder coat finish during shipping. F. Weldments:All tubing members are factory-welded by Certified Welders to American Welding Society(AWS)specifications and to the highest standards of quality workmanship. Weldments are finished with a zinc-rich galvanized coating.No field welding is required in the assembly of the shade products. G. Posts,Structural Frame Tubing,and Hardware:All tubing used shall be cold-formed and milled per ASTM A-135 and ASTM A-500. Material testing is in accordance with ASTM E-8. Minimum yield is 40,000 psi with a minimum tensile strength of 45,000 psi on all posts. All tubing shall be pre-cut to appropriate lengths,and all outside surfaces shall be galvanized,with an interior corrosion-resistant zinc-rich coating.Where required,support pipes shall be schedule 40 hot-dip galvanized or powder-coated black steel. All fastening hardware shall be stainless steel. Pre-Engineered Fabric Shade Structures Page 3 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 H. Architectural Powder-coating Process: All powder-coated parts undergo a rigorous multi- step process to ensure colorfastness and durability per the specific sequential steps itemized below. All parts are completely sandblasted,pre-treated,and coated with coastal primer prior to powder coating. Powder-coating is then electrostatically applied and oven-cured at 375 to 425 degrees Fahrenheit. Powders shall meet or exceed ASTM standards for Adhesion, Hardness,Impact, Flexibility,Overbake Resistance,and Salt Spray Resistance. Colors shall be specified. t/The following seven(7)specific steps shall occur in sequence: 1. Sandblasting. All powder-coated parts shall be completely sandblasted with the use of 80 grit garnet abrasives. 2. Mechanical smoothing. A traditional mechanical method shall be used for removing remaining foreign matter for surface preparation by use of sanding,grinding,and rounding rough edges to smoothness. 3. Initial Surface Preparation. A heavy-duty liquid cleaner such as Calvary Industries.Inc Cal Clean 675 shall be applied for initial surface preparation. 4. Corrosion resistant Coating.A liquid detergent iron phosphate,such as Calvary Industries Inc, Cal Prep 63,shall be applied,thereby resulting in a superior quality corrosion resistant coating. 5. Final Surface Preparation.All parts shall then be sealed using a reactive, non-chrome sealer product such as Calvary Industries,Advantech 51488E Sealer. The sealer enhances corrosion protection and increases paint adhesion,effectively increasing salt spray hours on all metal substrates. 6. Coastal Primer. Prior to powder-coating,a rust inhibiting coastal primer shall be applied on all parts, such as PPG Envirocron7m. The coastal primer coating provides a combination of good physical and chemical resistance properties,and is the ideal solution for smooth,low-bake durability and physical property requirements for the most demanding environments. Primer attributes: Gloss(ASTM D-523): 0-10 @ 60° Adhesion(ASTM D-3359): 100%(5B Pass) Hardness(ASTM D-3363): 2H Pencil(Eagle) Impact Resistance(ASTM D-2794): 80 In.-lbs.Direct Conical Mandrel(ASTM D-522): 1/8 No Cracking • Salt Spray(ASTM B-117): 4000 Hours Pass 1000 Hours(degrease only) Humidity(ASTM D-1735): 100F,100%RH-2000+Hours Scab Corrosion (SAE-J2334): 120 Cycles-Pass Film Properties(Thickness): 2 mils Pre-Engineered Fabric Shade Structures Page 4 of 8 Because of our commitment to continuous product development and improvement, we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 • 7. Application of Powder-Coating.Lastly,PPG Envirocronm4 Ultradurable powder coatings shall be used to provide a combination of excellent physical and chemical resistance properties,outstanding resistance to outdoor weathering,and a durable and uniform final coat. Powder Coat Characteristics: Gloss(ASTM D-523): 80 Minimum @ 20° Gloss(ASTM D-523): 80 Minimum @ 60° Adhesion(ASTM D-3359): 100%(5B Pass) Hardness(ASTM D-3363): 2H Pencil(Eagle) Impact Resistance(ASTM D-2794): 40 In:lbs.Direct 20 In:lbs. Reverse Conical Mandrel(ASTM D-522): 1/8"Mandrel-No Cracking Salt Spray(ASTM B-117): 1000 Hours Pass <1/8"Scribe Creep No Blisters Humidity(ASTM D-1735): 1000 Hours Pass <1/16"Scribe Creep No Blisters Film Properties(Thickness): 3 mils I. Standard Footings:Footings shall be designed per stringent International Building Code(IBC) for the specified structure. Columns will be provided as standard direct embedment. Other footing designs are available. J. Roofing:Structural frames and/or fabric sails are designed by Shade Systems only for use with Coolnetim polyethylene shade fabric.Fabric is attached to frame or columns using stainless steel and clear vinyl coated cable.Cable fasteners are zinc-plated copper for maximum corrosion resistance. ✓2.2 Fastening System(Frame Structure) A. Coolnetr'Shade Fabric shall be delivered complete with independent cables pre-inserted in fabric hems.Each cable shall be looped and clamped at each end.Fastening System to consist of the Turn-N=Slider"'fastening device which is factory installed at each roof rafter corner. The Turn-N-Slide features a concealed mechanism which allows the attachment hook and sleeve at each rafter corner to move along a track in the rafter.Cables are attached to hook which is welded to the moving sleeve,thereby distributing tension evenly over rafters and not directly onto the mechanism.Rafters are sealed with no penetrations on the top side, thereby preventing water from entering. Such moving sleeve with hook allows the looped ends of each cable to slide over the hook when the sleeve is at its upper position,and Pre-Engineered Fabric Shade Structures Page 5 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 then by turning the concealed fastener within the rafter,moves the sleeve with hook outward(toward end of rafter),thereby tensioning the cables and securing the fabric at the proper tautness.A locking cap is secured at the end of each rafter with a vandal-resistant bolt (special wrench provided by the manufacturer)to prevent unauthorized access to the Turn-N- Slide mechanism.To remove the canopy,the cap is removed,and the mechanism rotated counter-clockwise.The sleeve with hook moves inward(toward peak of roof), thereby de-tensioning the cables,and allows fast removal of the canopy. Continuous one- piece cables,cables which are not independent per side and pre-looped and clamped at the factory,and/or cables which must be tensioned with the use of turnbuckles or tools not provided by the manufacturer are not acceptable.Structures which do not feature the Fastening Mechanism on each and every rafter,or fastening mechanisms which do not feature a sealed top rafter and moving outer sleeve such as the Turn-N-Slide,are not acceptable. B. Fastening System Instructional Video:Product must be delivered complete with a minimum 5- minute instructional video on an USB Flash Drive. Video must show the viewer the exact procedure for removing and re-attaching canopy using an actual shade structure in the field. Submittals which do not include the video on an USB Flash Drive are not acceptable. /2.3 Fastening System(Sail Structure) A. CoolNetTM Shade Fabric shall be delivered complete with fastening system installed. Fastening System to consist of factory-formed stainless steel tensioning plates pre-attached to fabric canopies at each corner,and cables per the above hemmed into the fabric at the factory and terminating in the bracket. Posts shall be equipped with an adjustable 360-degree swivel and pivot attachment mechanism to which the tensioning plate fastens.Tensioning plate includes a stainless steel adjustment bolt which,when turned,tensions the fabric for a taut fit.Fabrics, cables,and brackets which are not pre-assembled at the factory are not acceptable. Cables which attach to posts with u-bolts or'S'hooks,and which do not use a stainless steel bracketing system similar to the above are not acceptable. Pre-Engineered Fabric Shade Structures Page 6 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 2.3 Fabric A. Shade Fabric: Knitted of monofilament and tape construction high density polyethylene with Ultra-Violent(U.V.)stabilizers and flame retardant.Coolnet'offers the ultimate combination of maximum sun protection,strength and durability to ensure maintenance free long-life performance. UV-Block Factor varies by standard color offered from 90%to 97%. Coolnee"Properties: Nominal Fabric Mass: Min.340 g/m2 // 10 oz/yd2 Fabric Thickness: ASTM D5199-12 .06 inch Temperature Range: 22°F to 155°F Roll Width: 9 ft.10 in. Roll Length: 131 ft. Tensile Strength: ASTM D5034-09 Warp(202.4 lbf)/Weft(403.2 lbf) Elongation: ASTM D5034-09 Warp(112.3%)/Weft(50.8%) Tongue Tear: ASTM D2261-13 Warp(47.9 lbf)/Weft(50.1 lbf) Burst Strength: ASTM D6797-15 383.0 lbf Flammability: ASTM E-84 Class A Lead: PASS Phthalate: PASS Coolneem Shade Fabrics meet the most stringent Fire Standards for shade fabrics including CSFM 1237.1 and NFPA 701 across all color variants. G�ST�R SOTEC7` . af.cAt!o.F �Q /Dy p (t=�.s l�a,'9s'�� ttn �' 7.1, it .agA_` r rd NFPA" F%q E� O y `RE'[P'� F-37801 � CFPS All hems and seams are double row lock stitched using exterior grade UV-stabilized polyethylene GORETM TENARA'sewing thread(GORE and TENARA are trademarks of W.L. Gore&Associates). Pre-Engineered Fabric Shade Structures Page 7 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Color .Weight(oz/yd2) .. Shade Factor% UVR Block 0/0 Canary Yellow 10 78 93 Eggshell White 10 78 94 Lime Green 10 88 91 Fire Orange 10 81- - - - 92 Onyx Black 10 95 95 Grape Purple 10 _._ 88 91 _ Desert Sand _ 10 86 93 Rivergum Green 10 90 94 Bright Red 10 - 80 90 . Mocha Brown 10 ' 94 96 Charcoal Grey 10 94 94 Bora Bora Blue 10 90 93. ' Terracotta. 10 87 93 _. Stormy Grey 10 95 97 Bamboo Brown 10 _ 88 94 Bright White , , 10 - ' V -77 -95 _. ' Brick Red 10 91 92 Silver Grey 10. 90 92 Light Blue 10 91 94 . Navy Blue 10 93 94 Aquatic Blue 10 88 92 Forest Green 10. 93 94 Part 3-Execution ✓ 3.1 Installation Installations of shade structure(s)shall be performed by an installer who shall comply with the manufacturer's instructions for assembly,installation,and erection,per approved drawings. A. Concrete V 1. Concrete work shall be executed in accordance with the latest edition of the American Concrete Building Code,ACI 318. 2. All reinforcement shall confirm to ASTM A-615,Grade 60. 3. Reinforcing steel shall be detailed,fabricated,and placed in accordance with the latest ACI Detailing Manual,and Manual of Standard Practice. Pre-Engineered Fabric Shade Structures Page 8 of 8 Because of our commitment to continuous product development and improvement,we reserve the right to change specifications at any time without notice. • DocuSign Envelope ID:D33400B5-1AOB-45BE-A3CD-D412438DD1.95 • fJo � DIVER6.1,FIECD TESTING LABORATORIES• INC. WORLDWIDE SERVICE "We Test Per Yaur Request"�--►336 WEST FRONT STREET P.O.BOX 4004 BURLINGTON, NORTH CAROLINA 27215 PHONE (336) 227-7710 • FAX(336)227-1175 www.diversifiedtestinglabs.com March 16,2020 Mr. Michael Ting GALE PACIFIC LIMITED • 145 Woodlands Drive Braeside,Victoria 3195 Australia Reference: Flammability Test Report Lab Identification No.40740 Invoice No.71960 Dear Mr.Ting: ✓One (1)sample, identified as COMMERCIAL NINETYFIVE 340FR BRUNSWICK GREEN, was received and tested in accordance with the National Fire Protection Association No.701,"Standard Methods of Fire Tests for Flame Propagation of Textiles and Films,2019 Edition, (Test 1)".The results are as follows: Test Results Specimen.Number Residual Flame Weight Loss (seconds) (percent) 1 0.0 0.25 2 0.0 0.28 3 0.0 0.45 4 0.0 0.22 5 0.0 0.32 6 0.0 6.38 7 0.0 0.18 8 0.0 1.69 9 0.0 2.27 10 0_0 a 0.87 AVG 0.0 1.29 The sample submitted meets the minimum requirements of the above standard. The average percent weight loss cannot exceed 40% and the weight loss of individual specimens cannot exceed mean value plus three standard deviations.The average residual flame cannot exceed 2.0 seconds. • If there are any questions or when we can be of further assistance,please let us know. Sincerely, sell =--:a I SEAL TA ▪. 1975 m Brian S.Dement -...v▪ lk,° r cks ..,•5� ,,mu a ,� BSD/mr f k . OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE OF THE CLIENT TO WHOM THEY ARE ADDRESSED.ANY COMMUNICATION TO OTHERS OR THE USE OF OUR COMPANY NAME MUST RECEIVE PRIOR APPROVAL.OUR TEST RESULTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDEN'nCAL OR SIMILAR PRODUCTS.SAMPLES NOT DESTROYED IN TESTING ARE RETAINED A MAXIMUM OF THIRTY DAYS.THE LE I 1 CBS.REPORTS DR NAME OF DIVERSIFIED TESTING LABORATORIES,INC.MAY NOT BE USED IN ADVERTISING TO THE GENERAL PUBLIC. DocuSign Envelope ID:D33400B5-1AOB-45BE-A3CD-D412438DD195 DIVERSIFIED lib` TESTING LABORATORIES. INC. WORLOWIOE SERVICE "We Test Per Your Request"-+ 336 WEST FRONT STREET P.O.BOX 4004 BURLINGTON, NORTH CAROLINA 27215 PHONE(336) 227-7710• FAX(336) 227-1175 www.diversifiedtestinglabs.com March 16,2020 Mr. Michael Ting GALE PACIFIC LIMITED 145 Woodlands Drive Braeside,Victoria 3195 Australia Reference: Flammability Test Report Lab Identification No.40740 Invoice No.71960 Dear Mr.Ting: One (1)sample, identified as COMMERCIAL NINETYFIVE 340FR-BRUNSWICK GREEN, was received and tested in accordance with the National Fire Protection Association No.701, "Flame Propagation of Textiles and Films, 2019 Edition, (Test 2, Flat Configuration)".The results are as follows: Test Results Specimen Number After Flame Residual Flame Char Length (seconds) (seconds) (inches) 1 0.0 0.0 10.0 2 0.0 0.0 11.0 3 0.0 0.0 9.5 4 0.0 0.0 12.5 5 0.0 0.0 12.0 6 0.0 0.0 11.0 7 0.0 0.0 11.5 8 0.0 0.0 9.5 9 0.0 0.0 9.0 10 0.0 0.0 10.0 The sample submitted meets the minimum requirements of the above standard.The length of char on the individual single flat specimens shall not exceed 17.1 inches.Additionally,no specimen shall continue flaming for more than two(2)seconds after the test flame is removed and no residues shall fall to the floor of the test chamber and continue flaming for more than two(2)seconds at any time during the test. If there are any questions or when we can be of further assistance,please let us know. Sincerely, �,S�NBue 114.4464.4ztd .. sp -got SEAL S'`•'-+: _: 1975 Brian S. Dement dwy��"{e�' 4rU vox's.``�. BSD/mr OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE OF THE CLIENT TO WHOM THEY ARE ADDRESSED.ANY COMMUNICATION TO OTHERS OR THE USE OF OUR COMPANY NAME MUST RECEIVE PRIOR APPROVAL OURTEST RESULTS APPLY ONLY TO THE SAMPLESAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS.SAMPLES NOT DESTROYED IN TESTING ARE RETAINED A MAXIMUM OF THIRTY DAYS.THE LETTERS,REPORTS OR NAME OF DIVERSIFIED TESTING LABORATORIES,INC.MAY NOT BE USED IN ADVERTISING TO THE GENERAL PUBLIC. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ` DIVERSIFIED ch, TESTING LABORATORIES. INC., WORLCWIDE SERVICE "We Test Per Your Request"----+ 336 WEST FRONT STREET P.O.BOX 4004 BURLINGTON, NORTH CAROLINA 27215 PHONE(336)227-7710 • FAX(336)227-1175 www.diversifiedtestingiabs.com March 16, 2020 Mr. Michael Ting GALE PACIFIC LIMITED . 145 Woodlands Drive Braeside, Victoria 3195 Australia Reference: Flammability Test Report Lab Identification No. 40740 Invoice No. 71960 Dear Mr. Ting: • One (1) sample, identified as COMMERCIAL NINETYFIVE 340FR — BRUNSWICK GREEN, was received and tested in accordance with the California Administrative Code Title 19--Public Safety, Section 1237. Flame Resistance, Small Scale Test. The results are as follows: Test Results Specimen Number After Flame (sec) Char Length (in) Length Width Lenath Width 1 0.0 0.0 3.1 3.6 2 0.0 0.0 3.2 3.1 3 4.0 0.0 3.8 3.3 4 4.0 0.0 3.6 3.5 5 0_0 0_0 3.5 3.4 Avg. 1.6 0.0 The sample submitted, in its original state, meets the minimum requirements of the above standard. The char length may not exceed 6.0 inches for any individual specimen and the average afterflame time may not exceed 4.0 seconds in the length or width directions. If there are any questions or when we can be of further assistance, please let us know. Sincerely, ,``otiii►I1,,, s y c,.&4144.1,40 ZIZI I ' SEAL `:T-+ 'Ai 1975 IRE 6' cMtt.,A. Brian S. Dement 1441/1111 too BSD/mr OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE OF THE CLIENT TO WHOM THEY ARE ADDRESSED.ANY COMMUNICATION TO OTHERS OR THE USE OF OUR COMPANY NAME MUST RECEIVE PRIOR APPROVAL.OUR TEST RESULTS APPLY ONLY TO THE SAMPLE TE51 Ell AND ARE NOT NECESSARILY INDICATIVE OF THE QUALTITES OF APPARENTLY IDENTICAL OR SIMILARPRODUCTS.SAMPLES NOT DESTROYED IN TESTING ARE RETAINED A MAXIMUM OF THIRTY DAYS.THE LETTERS,REPORTS OR NAME OF DIVERSIFIED TESTING LABORATORIES,INC.MAY NOT BE USED IN ADVERTISING TO THE GENERAL PUBLIC. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Shade IL L. i5 -tv gyfotaa:Mg- affvt70 INC LIMITED WARRANTY Effective 12/1/10 Shade Systems,Inc.warrants that the equipment sold will conform in kind and quality to the specifications listed in tb. Order Acknowledgment and will be free of defects in workmanship or materials. Shade Systems further warrants: • LIMITED 20 YEAR WARRANTY on all upright posts and support structure frames against failure due to rust-through corrosion. This warranty excludes any cosmetic issues. • LIMITED 10 YEAR WARRANTY on all CoolNet°"fabrics,threads,and cables against degradation, cracking or material breakdown resulting from ultra-violet exposure,mold,and mildew,as well as on Turn-N-Slides fastening device. This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 3 YEAR WARRANTY on all WeatherNetTM fabrics and threads against degradation,cracking or material breakdown resulting from ultra-violet exposure,mold,and mildew.This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 1 YEAR WARRANTY for structural failure of moving parts,powder-coated finish,or any other product or part not covered by one of the above warranties. All above warranties commence on the date of the Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period,Seller shall,upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such non-conformity at the sole option of the Seller either by repairing any defective part or parts,or by making available a replacement part within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the site free of charge,but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts,transportation or its associated costs to return to Seller's factory parts to be replaced or repaired,or the installation of any replacement part or parts. Replacement parts will be warranted for remainder of original warranty. This Warranty is exclusive and in lieu of all other warranties,whether express or implied,including but not limited to any warranty of merchantability or of fitness for a particular purpose.The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Seller shall not be liable for any direct,indirect,special,incidental or consequential damages. Seller neither assumes nor authorizes any employee,representative or any other person to assume for Seller any other liability in connection with the sale or use of the structures sold,and there are no oral agreements or warranties collateral to or affecting the agreement. The warranty stated above is valid only if the structures are erected in conformity with the layout plan and/or installation instructions furnished by the Seller;have been maintained and inspected in accordance with the Seller's instructions and other normal and prudent practices;have been subjected to normal use for the purpose for which the goods were designed;have not been subjected to misuse,negligence,vandalism,or accident;have not been subjected to additional or substitution of parts:and have not been modified,altered,or repaired by persons other than the Seller's designees in any respect which, in the judgment of Seller.affects the condition or operation of structures. To make a claim,send your written statement of claim,along with the original invoice number to: Shade Systems. Inc. • 4150 S.W. 19 Street • Ocala.FL 34474 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 AVALA3LE COLORS Cool Net y .may has been specifically developed as a very strong and durable U.V.protection < . fabric for use with Shade Systems'outdoor structures.Our fabrics combine maximum sun :) protection with strength and durability to ensure maintenance-free exterior performance. y CANARY YELLOW TERRACOTA LIME GREEN FIRE ORANGE ONYX BLAC!i GRAPE PURPLE DESERT SAND a - RIVERGUM GREEN BRIGHT RED [.......... . BRIGHT WHITE SILVER GREY LIGHT BLUE NAVY BLUE AQUATIC BLUEFOREST GREEN STORMY GREY BAMBOO DROWN CHARCOAL GREY C.. 1" 0 J /"4 ;4 ✓�v , MOCHA BROWN " EGGSHELL WHITE BORA BORA BLUE BRICK RED (S eAGI., Q st/e r Al} 4;%)e Co(Os' Si r cQ- +b.e A.0, 14 1.401/44c1.,‘ 4-h e Powder-Coat Colors All steel tubing components are manufacturedh a is bright and durable polyester powder-coated finish.Standard powder-coat colors are shown below,with many optional custom colors available upon request. 5 k e L. . *F „0 5 ALPINE WHITE TEAL BLUE STREAK CRIMSON RED LATTETAN COFFEE BROWN JET BLACK GUNMETAL GREY EVERGREEN Poo' .d Shade Systems protective padding is ideal for cushioning accidental bumps by young and trill-against our steel posts.Available in a variety of colors to match our • iri _ standard powder-coat colors crick izes to fit all our structural posts,pads consist of .fer16r grade foam filler encased in high-glos -to-clean flame-retardant vim pads are 6' -• high and fastened to posts with heavy-duty aTTWeather plastic zi,ppers:` ALPINE WHITE LATTETAN BLUE STREAK EVERGREEN Actual fabric and metal colors may vary from representations to,,, For further details please refer to Technical Spey ..Wions and Warrant ShadeA Shade Systems.Inc. Toll Free. 1.800.609.6066 e-mail info@shodesystemsinc.com 02®BUng 4150 SW 19th Street Local. 352.237.0135 web. www.shadesystemsinc.com Ocala,FL 34474 Fax. 352.237.2256 c. AL coolest svh'tw'.s usu(ertF.sssr' DocuSlgn Envelope ID:D3340065-1AOB.45BE.A3C0.041243900195 IMPORTANT:The footings sizes provided are estimated only.Depending on local conditions,actual engineered concrete footings maybe substantially larger than estimates.provided herein. Shade Systems is not responsible for actual engineered footings sizes differing from the estimates given or for any additional concrete installation costs which may be incurred by you as a result thereof. GENERAL NOTES 6 Shade „ 518'DIA.X.280'WALL 141. MN.4-e,"R WEEEwoE G.%ALLOCHLE STEEL COLUMN WR4MEAAR0Nwe0mWemx"ME011e14,0.9 nlin31E RB3 TOP OF STRUCTURE _ ___ f0110.1,40CESIOVCAMIN (Will14'-0" C2 -------- A" (MINFy=45 KSI)11 eCOCIDREWRx , -- C5 RILIWIDOW F.eRcuvOPTAEwvER 19 StreetOrals,FL 344 sEmawEc Tel.:1-800.80E-60GG ••• (,4 \i_ .tom / wow=oYEO ¢mx-1,.• ,- I D¢fONII.i104MSWFlAEOWtlUN601BFW0GPAGIYOi IAOPei.J _ NOTE:� �71 � �•�� ```�� s.uP.45FAEA0•weEnPOAEase"¢. PRELOAWARVANDTENTATNEORAWWG. /i NOTFOR MATIONSoNsm ON.1 1I s4lEennlomEa:ewo.rt.n¢a¢att.rEaunmwrtoxo>ce ALL WFORNATION SHOWNIS SUBJEOTTO yM°r a.nuHOWIMDaR E7,7 F4TVBOV.wORYAORAO CHANGE BY MANUFACTURER PRIOR TO 1I � . 4.112°DIA. TOMSn�ePwwcVENTS D N.111E USPO.0 DIF:C ONONLY 1 1 i BEENRUEDPMH xUAW By THE BO IIIII.Eaw.0.1.mxwvE OSTRUCTIONS PROVIDED wrn YOU AND I 1 ` BEEN .'" rIE"'-".ioi 'eicna..."...ort. k. ORDER FOR WRH YOUR RB2 O X.1BB°WALL TitNMIWIneOl USE�ArraD�EZO ORTERFOR CONSTRUCTION STEEL COLUMN N ap /1 O \� (MIN Fy=45 KSI) MORE1Nw°N/81 EXPEpF°cTE°du sm5w'"FSMVO rR°E O PFA / \\\ 8-518°DIA. EPt0ft0R11411M°'0 ""MONKREEcm 101.1 Re• C2/ I \ C5 X.280'WALL 1-mEnwEa"wEN.1AIT..1 MOBiliMini 0.41 UM MIES Ct 41:, •• STEEL COLUMN WALL COIEOPLI R..% ',y I�-----— B1 RBt L-- (MIN KSI) :r+EPAamowuVFACIORMFICEomAYFRrulwnC.0SW..wm O I --��—` �— — .—' ® FINISH GRADE_.. MCVICATIMRom:De�EO5e,¢x EDE .AmRxiOE I -- ^'4? -0.0" NMI!._ —I--. sxEw¢OeslwieEFOEErw¢mwmlwSwurEm,n..wFnawr `•44 I — I r DOCANFSSOR fal.MAROON 1 I i1 I I I I I- I I I I 'I I I `• ®f 1, 1 II 1 1 II I 1, SNCNE1E I I ---� I I I I I I I I I I w mACA Sou PEwaOAwPA�a"cmROACEPnm au S Cl — I I — C6 I I I 1 I_J L_I I I I I EmwOFw•,A.¢m. i ® ELEVATION VIEW u�CONEeM¢Mf.¢RM919Z1..minfLiNE,.1%.1 P�3 c^z` \\' ��/ rmaaOlw'7,w�w�PwItMTNEwW"LIYAFIttRFIDYPEWi080 -- AC6R.aFF UM W 5/16°DIA.STAINLESS STEEL CABLE AROUND PERIMETER OF MATERIAL `46n D.C.MAX 3-RDPSOACN06TEE1..L19E AM MIS ORAOEEOW"NAYI.mLLTFID COLUMN STREWN 6 0F01:4E PCZ cCS 0 PLAN VIEW NOTE:NUMBERS IN CORNERS OF FABRIC � P'I ooaxw¢Eaaw m a Ecw Aew eErR 4 L C . INDICATE SAIL ATTACHMENT POINT HEIGHTS �IS� PLAYGROUND MAT %���/ %%%%%%%%%%%, L mMixG:111237 WPCS'IM IrIFP R KROSS.COUYIVAR6X°M 1&O^^N� CD 3"COVER(TOP) #4 @ 8" "" ��/ \::. PaA( ��TT'' � 1 •• TR000WFMA.0frit=FMM.MEPROPN"OTNNOE STSIFMS.Pi. '(� `v i i 1► :,1 MwmAOT SE VOW.,MP,OR RFS¢O TOMYPEAmNOR¢a11VWRtdT -v TOP&BOTTOM I I I 'ITION Di DIM �xa°WMAWWOWH.aaZW.1Ar REAM •. •'"I . / TIONOPOEIaVATW6XXESTNEREDPPORANRFAOCNNDMUTWmR ��.� -I PERIQgY¢NPMYIWOEBVS,EVS.NC.¢ETI4M1x PRW¢IIFO. r�� ' •'4 9Q•WE4TBID¢.0 Z Ct 12" '\.: • • ' n• n OWNER NOTE T TO FULL RESPONSIBILITY �1 • 0 X4 WEDGE FOR REMOVING THE FABRIC SHADE AG 12"CONCRETE SLA:F s MATERIAL FROM TEE STEEL FRAME L NCNORS AT WHEN SEVERE WEATHER CONDITIONS ARE 8" (REIFORCEMENT NOT SHOWN) PREDICTED.SUCH CONDITIONS INCLUDE 4"COVER(BOTTOM) TOP#4 @&BOTTOM ®SURFACE FINISH DETAIL 4r\�••�- PREDICTED WIND SPEEDS IN EXCESS Approved: .v v OF 75 MPH. SECTION B-B 4"X4"XE"STEEL 4, PLATE&NUT PLAYGROUND MAT 22' �/ d. g� + 1 I`J_ f. '`_'.- �OP% 5116'0 S.STEEL _ CABLE ❑ �° ❑ ' Ihll I,lalll II �I�I I l��I lPhll4ll�ll 11 ® � SAIL FABRIC Modal Nome: 1-11-11-11=.1111.1 •IIII-111-II-,1111• II=11l1—II�U 11- 10-A0..,8,11—R11—II 'a' 1=D-6-11=11.i1�T 8.48#8o0 u=81r6 .1 1 \ SAIL BRACKET 11=11=84141411g 'll�llolhlhll;II�II�I81- 8° CUSTOM SAIL -I I- - II=l1=I1�I1411 114 ' II 11411_, r• 314e0 SS SWIVEL SHADE SYSTEMS STRUCTURE I=:11 II, a-,r.GROUT.n-nli-1 -1 1 I T r g,111 n;n I COMPACTS T1 i�lirnanan-u�lhnJl n,11T9 TENSION BOLT i-,i1�11r,1 •. 4i1��6.6�I�,R 8. moil ..,,,.., 0 i SIDE,/ a g=;g-non-n=u=%�na111 48= II #11 - •Lr II' IL 11;'1111-11- l n R r 6R—ii=W 8 h i.n-R li 11 1 112"0 x 2-112° - t � r r - -u-�� �-,n�n�il=u=n- �S^u_iI�nCOMPACTED n-�u ReY;,i¢¢, �1-1 11=IIVAV rd IIV11 'AV V SS BOLT B B 11=;Il�II=II'�II�II-�-1���-i'. I�R ;: 1�R 'REP: all-11�11=8-'B-'n=il=i Ran - 1=R� '� N A -1=?ri_4u0u�1=0131#= n7 R-Ra =-r6-n tl4°x 2-tlz^SS II.40#0l-�I-11=0 11 .1II/h 1411-IL I FLAT BAR ur48-,n-11,#8o -.6 Ili'•-MICROPILE 6An-i i 0 0 •11'011 11. 1111=1111-11 1 aO'I'll 141 IIr,11-11=110111-'l1-'Ri'llF 11 11#11d11-11-11�11- I. 518'0 x 2°SS BOLT 11=11=11.-11-11=11-'11= 11011-11=11-11= �� r\ .11;-II:1141.l�1=.11-Il l41j II 41,E�1- REP OTE NO. 1 (9)MICROPILES —SAW-CUT TI'A11 1 111=fI1K111 l'1111��:11��11�11 s•SIB°DIA.X.280'WALL CONSTRUCTION JOINT '"11#11 1 11-1::=41==1 n�14141 STEEL COLUMN Q-06289 05 FOOTING DETAIL "�"-"."-"-"-r' _y�lAO- (MINFy=45 KSI) oop a.a JRB Job: n-n-n n n-u�u=n=a—n-n Crocked: MC QTE Ta1r n=u=�---_�-, NOTE:GROUT,HOOPS,REBARS 8 4 SAI L BRACKET DETAIL Dram: NO ANCHOR BOLTS NOT SUPPLIED BY FACTORY ® MICROPILE DETAIL Dal.: 013/oe/2022 Shook,: NOT TO SCALE 1 OF 2 OocuSign Env°bpo ID:D31000BS1AOB4SBEA3LPD4124380D1B5 IMPORTANT:The footings sizes provided are estimated only.Depending on.local conditions,actual engineered concrete footings may be substantially larger than estimates provided herein. Shade Systems is not responsible for actual engineered footings sizes differing from the estimates given or for any additional concrete installation costs which may be incurred by you as a result thereof. GENERAL NOTES Sh e „ •`O arxeDNNDE BMW,xe.•erR�cnlenueLE.�oewvmw ra°ccomr COLUMN ©MO w,mn¢a.701.0 ueweeaoer memu umuCEeurona �(1/]� �I1 L1ue�J•r UM.DESIGN CRR. 2 ereelwewDN MSRocuaw REVDVFO 4150 S.W.1D Street Q6'.6° I ' RaNarErew Ocala,FL 34474 , . STEEL SLEEVE 4 a2-5" C5 Ear G Tel.:1-500.6086055 xABC MEM. Ida VPN / 1•r1R v ravRssuDaRw+mlu"aDRDURNGuvwna°Imcvss. I PRELIMINARY AND TENTATIVE DRAWING. 1 / 3AEtrMrB3a uau DE nNw:Eumrtt --I. j ®®j j j NOT FOR INFORMATION SHOWN N. "rj j,/ /� j j •j ALLLNGEBr W1NUF CTURER PRIOR O , / / (ill / ilart1°userwro�ir°woman wGSMIEEna�91ALLY.WESMACCOMMw xsxo ^O AwDReDuwuw"MENGNro MOOe RIOMOFIRVC04VGLR:w CHANGE BY MANUFACTURER PRIOR TO / O / - BEEMPMxE IWOM LOMTACT!IMF0.73DI.raw�Cwmm+wvE DELIVERY.USEPROVONLY DEDWWGSANO °-° /j� / >� DEENE/W .BED 1D.mEeanVTO'MDuWEMM.n ORDER my coNROVIOE, YOUR / �O ��! MAIMI L0117REr 00A140.1. mvmvlevEHrn¢�mvus ORDER FOR CONSTRUCTION Q/ •.\. /j NurDMrrouroExtEo.lvxuGl _ COLUMN ® O S1XE rNW.PS 6MOOILOMO OEITMEOMO ISECTION 310£1 bDieD �/ YORE mweerxoacECIED.rnr3mvvLEamlxwrARaaM•PER /jj SaftORCNBDDDP'DCDDEI1NEOeaVPadFOreNGlLail ^, ® 39' ° ® /�/ jj C 90 ~FOUNDATION /�j r"ESEMtN E.GD�wwEDD MnNae�D�wAED CZ C3 a 4e'-10 jj�, u Aa AM. mnro°v wNwouwEo En ' j j ®C Dw N.�EDd.m"xE MRDG Dw 0 N #3 TIES @ 10" j ��j M wE�D� DE D�w »NN MDA�r�xG�•.�D r E (8)#VERTICALy 0 j o I VDEDumwc nnAcmnw Ea"m Ea ai f--1 BARS a j © 1.mx�E,EEMDH.xE.YI it )MYCDN EMEV.(f4Oi. Cm) ,1 / CP McADNACCO MCEMIT*V., lmrxo:Arw.001.wro `V `AUGER CAST /��//, I ; 0 �rZ \� a :, O EE s DEIeBN. �D .O 1.1 n^Ct$ an VIA11111:74ri'lA77:112741/T-8" ��� j MwEev"nawoenawxcoxclrtrEmwaEueSrp:Dp t �y °FOUNDATION / •0.4 j 2 jj , WEE•NYDEEMCC.PAMWEOS.S.C6NRbMMITS.005 47tgw ,20' YC INET.VIa1.r MDWA1Ll/F MOMS O MRVaWDe. CO �11/ A AnmDceumrtMmmmmWnuEnrt°anEEMITS aesmEvawr. V CZ A 5116°DIAL STAINLESS STEEL CABLE AROUND PERIMETER OF MATERIAL ® ummeEmoDcn�SiME REaanroMvrEUDxwEOF11..au O PLAN VIEW NOTE:NUMBERS IN CORNERS OF FABRIC f'1 .u�Em�nxa E°oRg°uOEww� roe°wa G°Nom°oR F INDICATE SAIL ATTACHMENT POINT HEIGHTS fi C8 i MM.PRIOR ARra� e OF DERNATIVE1.1.9 THUMP,FOR MY r !!�� 0.IMADESBIEVDAC Frrr�R��,..tttl a IMI TO 121M `•v OWNER ACCEPTS FULL RESPONSIBILITY DS�+i �` I / 5116°0 S.STEEL FOR TERRII MATERIAL REMOVING THE FABRIC FRAME in 02411 COLUMN Ta w CABLE WHEN SEVERE WEATHER CONDITIONS ARE N lu #3 TIES 1O" —� = ��}•' PREDICTED.SUCH CONDITIONS INCLUDE @ STEEL SLEEVE i y n��. „; SAIL FABRIC PREDICTED HIND SPEEDS IN EXCESS Approved: OF 75 MPH. PLAYGROUND 1 SIDE \� IL BRACKET 3" MATT — (�' ��%// I4g0-4SS SWIVEL TENSI0�1 RFT, (1)112"0x2r12": SS BOLT 114"THK SS PLAT 8 #7 VERTICAL r0 x 3°BOLT Model Nome: O (2)112°STEEL PLATE CUSTOM SAIL BARS = = I() SAIL TOP CORNER DETAIL SHADE SYSTEMS STRUCTURE Model No.: SECTION A—A - SAIL 11 ' TOP COMPACTED (1)112°0 x 2-1/2" Revwmnc CRUSHED STONE SS BOLT REP: ®FOOTING DETAIL i 314°0 SS SWIVELELTENSION BOLT NOTE:GROUT,HOOPS,REBARS& COLUMN 1/4°x 2-112°SS REP QTE.N0. ANCHOR BOLTS NOT SUPPLIED BY FACTORY FOUNDATION FLAT BAR 516°0 x 2" Q-06269. 3" SIDE SS BOLT Appro°Dd: JRB Joe: _E Dram Mc QTE _�24 --I-1 ®SURFACE FINISH DETAIL CheckSAIL BRACKET DETAIL ocits: NB oh1.: O8/09/2027 'Sheets: NOT TO SCALE 1 OF 2 0 0 m CD 0 __ 1MaIC:SEI SiQT C-01 ACKNCUID074J6/fNN10N1Q1fel NM 10R 17 DEMM SON.MAINGEMnR AND DlGHClMNG[DNIR0.PLAN M[40JOIM4IS. CD w_ M ._ / , -w. o . A k 4111110.ti A co / it .:,i \ �� • wto �► �' T `� 7 • ci 100 ` • tee, Q s A W 0 + CO . 0 O SHADE STRUCTURE PLAN VIEW « ;` co Pr cn :.. Sege c�ec{ calo✓ �' = y, .L... 1 m•n►. M / 1 FARM _ IyLI•f -ter , 4 _ �j i ; i R/GU L' «,,,�F • .. S el Gc 4 e tt. O PLAYGROUND SAILS RENDERING AND DETAILS ICU US Col.• graMiar: 1::a MELM cusA kV cwn ow ENEO L wu1F 5e1 rrm •♦ iqq n 4Qa>tTAI. m� �IARR ..'"oa..,•-i. ' IMIi Mr1 ♦ pima • O SHADE STRUCTURE RENDERING ram '♦•.•Km t our ; NM �� SWC MSS 76 eA.�urvm MO llAr � ILL SCAE 10'SVED PINWA ID A Nld'0 01 M 20.4•4 C1 Ax s1. MSimIR is amw�.vmo t11'STIa1■ E I 11AL Sff OS•KS rear St 0 IRO Ao IA_ r8f E Am nn.urewA. 1�tID 4 0000. ¢ MAR MAURICE 018E MEMORIAL PARK 1Eo.�. . d y,IIIP Ms��,,a MINN^A'-, �� wrNw.�,v ; .,MC. w.. t..�tt. F-05 •Fl1gM CAPITAL IMPOOIIv11►FlM�MO►♦ WWII' fg.w .F. Cm: wr.M a�.S�1. ..c.uln.+r arrw*M9•. 1700 PURDY AVENUE MIAMI BEACH,FL 33139-1424_ r�r ♦.. .0 e�Ef '� Wino PPM Sell..' wan tort al DocuSign Envelope ID D33400B5-1A0B-45BE-A3CD-D412438DD195 years. While the impact of the new of Risk Category IV Region (WBDR)in the FBCB. The WBDR for the Risk wind speed map varies throughout the state,wind Category IV buildings and structures is now based on speed increases for Risk Category IV buildings range the new Risk Category IV wind speed map which will from 2%to 6%throughout compared to the 6th Edition result in a moderate increase in the WBDR for Risk (2017) FBCB. Category IV buildings and other structures compared to the 6th Edition(2017) FBCB. 1411(63) 13p00 110(67) T!...) 54° "worn Section 202 in the FBCB © ' / WIND-BORNE DEBRIS REGION.Areas within hurricane- prone regions located: t4N'0, 16A(72) 1.Within 1 mile(1.61 km)of the coastal mean high ise07) , 170(76) water line where the ultimate design wind speed, V„n, is 180(80) 130 mph (58 m/s)or greater;or i.wl..a.e�1.411 ap.,o�a..«or I S6G(73) -.t.. t att.e.+M.(Vs)n U 2) 1.wry: �.�.,,.W..�..�, It 179(76) 2. In areas where the ultimate design wind speed Vwt,is «od 1' 1843(80),.. , 140 mph(63.6 m/s)or greater. lns,e. .4811.,e*a v.t 63M .pw c«tw+o1 t.a coastal re.. 4.""l,""....,,8..a..ees..... 198(85) titan '" '�for"""'ul ulna For For Risk Category II buildings and other structures and e8Mis1«.s. - -- S.�ruRata<.e. •w-4„= Risk Category III buildings and other structures, except `.•"'"`"""« "" Loam,• 200(89) health care facilities,the wind-borne debris region shall .".' be based on Figure 1609.3(1). For Risk Category III health care facilities,the wind-borne debris region shall be based on Figure 1609.3(2). For Risk Category IV FIGURE 1609.3(3) buildings and other structures,the wind-borne debris ULTIMATE DESIGN WIND SPEEDS, Vuir, FOR RISK CATEGORY IV BUILDINGS AND OTHER STRUCTURES region shall be based on Figure 1609.3(3). Important Note Regarding the Use of Site- NOTE: Because the FBCR only addresses one-and two- Specific Wind Speed Websites family dwellings and townhouses(Risk Category II The ATC Hazard By Location buildings and other structures)the new Risk Category IV (hazards.atcouncil.org)and the ASCE wind speed map was not added to the FBCR. The wind Hazard Tool (www.asce7hazardtool.online) speed map in the FBCR is unchanged from the 6th websites are commonly used to obtain Edition (2017) FBCR. site-specific wind speeds. While the 7th Edition (2020) FBC has adopted ASCE 7-16, In the High Velocity Hurricane Zones,where a single Florida-specific changes to two of the wind wind speed for each Risk Category is specified for speed maps will make the hazard tool Miami-Dade County and Broward County,the unreliable for some areas of Florida. The applicable Risk Category IV wind speeds are as follows: 7th Edition(2020)FBC retained the ASCE 7- Miami-Dade County 10 Risk Category II map,because the ASCE 7-16 Risk Category II map reduced wind Risk Category IV Buildings and Structures: 195 mph speeds in the Big Bend area. Additionally, the 7th Edition(2020) FBC corrects an error Broward County on the ASCE 7-16 Risk Category IV wind Risk Category IV Buildings and Structures: 185 mph speed map. The error is primarily limited to Franklin and Gulf Counties. In these The addition of a separate wind speed map for Risk counties,wind speeds should be obtained Category IV building and structures also required a from the code and not the wind speed tweak to the definition of the Wind-borne Debris websites. 2 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT C Optimized Plan Sheet, Drawing No. A-101 , A303, and A304 12 ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park .4.4...,En.*.0,44045.1•44.454,4340.4.11243400144 . 4 ' . ..crE,SE SEEEr c-o,Acoetemeralimobareax NOTES FORDWI 605. r .J. l MANADDIEHT OD DOWERS,*CCArROL PLAN REGURETEWS. t_ , .. I 1 1 . ., , ...„.......,....... ... ...... ...., . „, ... ., . .. ... . .. . .... _...'.... ..... ..:„.,.,.... ,... .,„.. . .......... ........, .. ... ..„....................,...... ... -- , --• - -- _ -- _ . I _L.. .... , , ... ... . ...... . • . __. PURDY AVENUE -.... . ....- w w... I PROPERTY LINE -PUS OF PROPOSED WORK LIMITS OF PROPOSED WORK T . • ...-... . 1---T i / 1 1 i r 1 i - ; , . .. ......... a ...• IF EXISTING PUMP STATION 2 -N. ENTRY SIGN .. .. 1140,4444144 BLOM 0 911 IIIA 0 e . 7 //////////// /EXISTING PAMPAS LOT 0 . akitt. Ii.IMITS OF 0 i ... It MT•IMMO,MOM ' VI. \ L MOTS OF PROPOSED WORKS . ... 1 I -.. .. NEW OBY GENERATOR 0 i —... ,k 4.'-4.4 STRR on ../par 4 rwvr ; 1 Zit PROPERTY LINE---, r11111111P _ _ _111111A11%Mrir X- :' /---- 1,I\ rrroRte.A. \ \ - .1 Mtillr--- 141PF / ti \I .."Limas 4 PROPOSED WOFIK LIP'1,gillIllMlhi.._ -1 - 1) 1 _7/4.....:-...-..::.:.•:..•'•••••••••.•••••••=-;-••' illip ‘Nk 17 . EXISTING RESTROOM 11111111 4W'' ': MAURICE GIBB I - . 14,,s-V; .0' SHADE STRUCTURE SHADE STRUCTURE (See dew!12 i F-05/ MEMORIAL PARK (8.•0•0211 12/F•06) 1 • RT/.A 1 LIMIT2 OF PROPOSED wow -AA* )111 ,6\, ---z-- \ j El ‘ , . ab.,.... , i MAURICE GIBS MEMORIAL \ DI . I 441111kumik‘. -T ''' ...."'411%; •-f r,, ,I,_ \i .. LIN.E ,., . —_ _ • . -.- i - —4 Rii7..61.:S.X0.414,.46.6IDIFSEAX'DI4T.6. / -• ............ I ; •40.46tOl,'''‘0 T T — , •' Iv— • -• ,4-4.,-T.,,..;4:***.44. .S. ......"-.'...,144.6....:. -.•.4-..T.T.••X,F.44.6,:- ..,.4.4. •" .,., ,t-. 1-.4, -•-•., T 74Tat•Attittirit:;,44314. ...... '1••,, LOCKOUTS - FIZIr •4,,,,,,,,,,,.••••4 -:54.,••111,1111 MIIMMM• MISTING BOAT RAMP _ PROPOSELOOTS OF D LINE _PROPOSED Kee Iwo Of.CCOMI WORK OVERLOOK WORK • ' ' 1 . , ... ..... ... . ... .... .. ...... . .. ..... . . .... .. .. ..... . . .. _ . ........_..____.......... ... , . • NOTE I:ALL PROJECT SHALL BE IN COMPLIANCE WITH THE F.B.C.ACCESIBILRY . ' NON MOTORIZED DOCK UNDER PERMIT , .. IIMI I,MIT 0.MGM NOTE 2:HISTORICAL PARK ENTRANCE ......-........--... S. .....,....._ ..............„. ..„...„,....„....„,..,.....„..„........ .,.„..,. ,,,....,........„,..„,„.. ........„,„...„_,..,,...„......„. ...„...„...,........ ..„,......„...........,........... . . . ' ,.- ., EXISTING HISTORICAL • 4 a- _ -, i POST 6 UGHTS TO REMAIN ' t Rentre to origin lerep oondAlco Plop toRtIng weA aglow end t..+ z provele now paint nAwo - • ....... ......_... r .I . NEW CONCRE tE WALKWAY . (SEE A-104) , • " •....L.:... --- ...-.•.-•- • .... ...-....- ...................,..-....... -.:.- •......-- ...L......... .-- ...... .....--..-..•.....-.-•• .. ..-.•_--•..-...... ......... . .. ... ..,.....,„.. BISCAYNE BAY NOTE 3:SEE LA SHEETS FOR LANDSCAPING. tAIGENERAL SITE PLAN ,... . I PROJECT. MCA OP MGM .J J .,R ICROMIRE TRW 1 01.1,1CMIAMI PBIORAONNEVIIINAMKMIVCTIIR 1 H.1•011 "'ES'. MURICE OMB MEMORIAL PARK a.....I...I..—..._...—.. Na,id 'am•il0 e41:4°.".,Le"" ...;\•:,,-...",. t , ASERPLAN MAR/PO-I 101l ..„ 9 1700 PURDY AVENUE MIAMI BEACH,FL 33139-1424 - . .0 W - boards Slide Opening 1 OpeningN mean tunnel Ind ventilation Steel mesh tunnel Window. �= % Window z�� Opening .�4 Drumsetft:4, Support •B -- • Opening Opening .• i i i i_ Opening : Climbing Gribs / Openi �r� if l 174 414;11111.11111iill -/ Opening . \Opening C Giant Bass F Keyboard. .. 8 b • b • a 10'-11 13'-2- 29'7" 23'-3" 15'-4" A B C D E F G FRONT ELEVATION You Should Be Dancing Playground by Monstrum primpurvi Springs - Steel mesh tunnel Steel mesh tunnel Opening IIIIIMOINIMP MIIIIIIIIMIIIIIIIIIP G Notes on Springs �- Regular Swing ---- " Slide Slide t Birdnest Swing Climbing powercord Opening - • — — S Opening lambing nbe i Alt Opening Regular Swing D „ ,,,,, Giant.Notes Swings D Giant D Notes Giant Guitar_ `OASTA` CONK • ar�w• m ._—_.._ ISM�ww wr r,a fi !YS alas w if. osa.ra 1CTIRr R' 11 rw'cr uwiem�o a.., .,. a...a� MAURICE GIBB MEMORIAL PARK �r z., N �— "`"�°"01�'D uEr.,w.�s .a A-303 o or un !l9gY61a1.T lo,ncn 'ipp1pk 31�°vR a or,. +w+awnocm+P.A.. rrwe �•7w�K•�1w•-------n 1700 PURDY AVENUE MIAMI BEACH,FL 33139-1424 w..- w v*e MM. ..+s II,o..aM/ know PLAYGROUND BY MCNSTRUM: t iL: PLAYGROUND BY MONSTRUM CONTACT INFORMTION: PHONE:+45-33221077 CONTRACTOR 10 PROW SHOP DRAWINGS CONtACT INFO. SURE JORGENSEN W/STRUCTURAL DUALS MC CALCULATIONS, �''^� EAWL: POSTWONSTRULLOK SIGN AND SEA/ED BY A FLORIDA REGISTERED J_` 1r ~s ARCHITECT OR ENGINEER. rmr'u- isGray rji1U-- w 1r.. White C - ., . Cream '->"_ Wren = Yellow IIII Cream B PLAYdlgIfDIN+27ElPM1lION NI _ Tar ---- White : • ■Red / - .:� �� �. _Cream : I � ' . :est _� ` "' 'r„••1' White @ •0 Plill ...Cream ---. _ • .11 ill i —11 Sillii'• • cnarcool /T rA PEAYGROUNO/ALA/ELEVATION AA OA WM W MR `� COASTAL KA�e1AAge1114K 1 Mel IY1 DM f �r wspa v IIN MWW '."L,n SYSTEMS °m SwM IC tI g -same- ..ONNA5F $�_ - - - -Gent pw+ry W. ^ftt MAURICE GIBE MEMORIAL PARK MYiYSO IMAM. /`�/��{�y OPPICS Of WrtSL IIW*OYWINT MOJSCTS ' _ _ f., Coll: ,y,[a ITRJOToy RANI TAIr•US.TPB>... AW304 --•^^^•*�••""�-^'^ 1700 PURDY AVENUE MIAMI BEACH,FL 33139-1424 �,,,��,�-� So.e a».. NO D..T' K.•:a. ..-ono.. a/la/a 1 •. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I Ann I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT D Revised Project Manual Specification No. 01580, Project Identification Signs • 13 I ADDENDUM NO.4 INVITATION TO BID NO.2022-607-ND Maurice Gibb Memorial Park DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MAURICE GIBB MEMORIAL PARK b Project Identification Signs City of Miami Beach, Florida September 2022 SECTION 01580-PROJECT IDENTIFICATION SIGNS PART 1 -GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall furnish, install,and maintain a project identification sign, as per the CITY'S requirements. B. The CONTRACTOR shall remove sign on completion of construction. C. The CONTRACTOR shall allow no other signs to be displayed, except as may otherwise by required by jurisdictional agencies. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. All applicable sections of the Specifications. B. General conditions. 1.03 PROJECT IDENTIFICATION SIGNs A. Two painted sign, with painted graphic content to include: 1. Title of project. 2. Name of CITY. 3. Names and titles of: a. CONSULTANT b. General CONTRACTOR 4. General CONTRACTOR. 5. Funding sources. 6. Project logo sample as provided by CITY on disk, to be added on sign by CONTRACTOR. B. Graphic design, style of lettering,and colors: As per CITY'S standards. The sign requires a two color process. The CITY prepares the language and graphics to be sent to the printer. C. Erect on the site at a location, as approved by CITY. 01580-1 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MAURICE GIBB MEMORIAL PARK Project Identification Signs City of Miami Beach, Florida September 2022 1.04 QUALITY ASSURANCE A. Sign Painter: Professional experience in type of work required. B. Finishes, Painting: Adequate to resist weathering and fading for scheduled construction period. PART 2- PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: May be new or used,wood or metal,in sound condition structurally adequate to work and suitable for specified finish. B. Sign Surfaces: Exterior softwood plywood with medium density overlay, standard large sizes to minimize joints. C. Thickness: As required by standards to span framing members,to provide even, smooth surface without wave or buckles. D. Rough Hardware: Galvanized E Paint: Exterior quality. 1. Colors for structure,framing,sign surfaces and graphics:As per CITY'S standards. PART 3- EXECUTION 3.01 PROJECT IDENTIFICATION SIGN A. Paint exposed surfaces of supports,framing and surface material; one coat of primer and one coat of exterior paint. B. Paint graphics in styles, sizes and colors selected. 3.02 MAINTENANCE A. Maintain signs and supports in a neat, clean condition; repair damages to structure, framing or sign. 3.03 REMOVAL A. Remove signs, framing, supports and foundations at completion of project. 3.04 MEASUREMENT AND PAYMENT A. There shall be no special measurement or payment for the work under this section, it shall be included in the lump sum price bid. 01580-2 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MAURICE GIBB MEMORIAL PARK Project Identification Signs City of Miami Beach, Florida September 2022 PART 4—CUSTOM BANNERS 4.01 CUSTOM PROJECT BANNER A. The CONTRACTOR shall furnish, install, and maintain two (2) - 6'X20' custom project banners as a part of the construction fence windscreen, as per CITY'S requirements. B. The CONTRACTOR shall remove the banners on completion of construction. C. The CONTRACTOR shall deliver the custom banners to the CITY on completion of the project. C. The artistic mural forthe custom banners will be provided by the City. - END OF SECTION - 01580-3 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.3 INVITATION TO BID NO. 2022-607-ND MAURICE GIBB MEMORIAL PARK(the"ITB") September 26,2022 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). The deadline for questions has passed. No further questions will be considered. I. ITB DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is extended until 3:00 p.m., Friday,October 7,2022. All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals.Hard copy proposals or proposals received electronically,either through email or facsimile,submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. PUBLIC BID OPENING Dial-In Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Conference ID No: 365 574 793# To join on your computer or mobile app Click here to loin the meeting A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranadona.miamibeachfl.gov 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 their ITB submission. A -rely, e urement Director ITB No.2022-607-ND Addendum#3 9/26/2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO.2022-607-ND MAURICE GIBB MEMORIAL PARK(the"ITB") September 19,2022 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). The deadline for questions has passed. No further questions will be considered. I. ITB DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is extended until 3:00 p.m., Monday,October 3,2022. All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals.Hard copy proposals or proposals received electronically,either through email or facsimile,submitted prior to or after the deadline.for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. PUBLIC BID OPENING Dial-In Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Conference ID No: 365 574 793# To join on your computer or mobile app Click here to join the meeting A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado anmiamibeachfl.aov 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 their ITB submission. si , rely,IAI' penis f urement Director ITB No.2022-607-ND Addendum#2 9/19/2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M_I ,A/ \ I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO.BID NO. 2022-607-ND MAURICE GIBB MEMORIAL PARK(the"ITB") August 23,2022 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). 1. ATTACHMENTS. Exhibit A: Pre-Bid Sign-in Sheet Exhibit B: Site Visit Sign-in Sheet. A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. 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 RafaelGranadoAmiamibeachfl.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, Alex Denis Procurement Director . ITB'N o.2022-607-ND Addendum#1 8/23/2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M � Procurement Department I /��l V 1 I B EAC H 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT A Pre-Bid Sign-in Sheet ITB No.2022-607-ND Addendum#1 8/23/2022 DowSign Envelope ID:D33400B5-IA0B-958E-A3CD-D412438D0195 MIAJM,I BEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET DATE: Friday,August 19,2022 TIME:2:00PM BID NO.AND TITLE:ITB 2022-607-ND Maurice Gibb Memorial Park NAME TITLE COMPANY Email PHONE. NATALIA DELGADO CONTRACTING OFFICER - CMB NATALIADELGADO@ MIAMIBEACHFL.GC305-673-7000 X26263 SEBASTIAN LOOR MCM Sloor@mcm-us.com 305-541-0000 JENNIFER JAIKISSOON BUSINESS DEVELOPMENT BRIGHTVIEW Jennifer.Jaikissoon(mbrightview.com 305 2131964 Ricardo Esclusa PROJECT MANAGER Florida Construction and Engineering Inc. Ricardo@fcebuild.com 3057469980 Johnny Dao President Florida Construction and Engineering Inc.jdao@fcebuild.com (305)883-7601 KRISTIAN BATISTA ESTIMATOR TEAM CONTRACTING kbatista@team-contracting.com 305 207.9799,ext.205 NICOLE POTTER ENGINEER 1 KIEWIT Nicole.Potter@kiewit.com (954)233-1002 MILEIDYS CASIMIRO Home Express/DBA HE Builders manager@home-express.com 954-982-1994 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 M I Atv\I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT B Site Visit Sign-in Sheet ITB No.2022-607-ND Addendum#1 8/23/2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH CITY OF MIAMI BEACH SITE VISIT SIGN-IN SHEET DATE: August 19, 2022 TITLE: ITB-2022-607-ND Maurice Gibb Memorial Park >% NAME , ' WMPANY/NAME ' ,' PHO„Ni E# r Signaiure '14/(PLEASE`PItIN`) 4 ap` ,v -', r . t "•'1.. '`' E�MA1L ADDRESS e: �' ., Natalia Delgado Procurement-CMB 305-673-7000 nataliadelgado@miamibeachfl.gov Ext.26263 r 1002(C z i-M.101 C.HC 4-9,‘-)- 0 -Sts1 ,_N . M�anGrf�1 l� G G , 9 -(1- IN 3,4E !no*pg_INc,14E7- 305-506,-.55-31 -------- RIL6,1 MU kitto-l-k-- 51D\ , 5z5,an Ltibiu MArtn y 0or4e CON yhu(-h'o,‘ 67§u,f7 Q13— 535—Osgq Q/ 6 ¢ moLc bey i n e. vice4 �`� /� Dov� ll y tl_V.6v- ,1iLIA, •io. i rC, \Pr) cw‘ -U"s . (-0\,-(• 3cCv soe 5- .-0Aoo .S 964 eite5 0460 A_,,e_ SS�etVA6n Aort11P ` e-,coo z�%0n . co M Juo1niin M,vatO ftJO. Oiri- GOY)-}tra& ln6 , )r1G -te(a-323- ". Jgrr�valo@wA�yPOi n-tai .ca WI (D038 /0 7s uV4//74i'l LUNG-Con) 6aNsTuc7wilt 713 y 2 I �� C$ri T ti @ LkNC,corJeOrP.Gom. �vsG . *IN 3\2 C o n S'iv r fi tut 70S' S 3) )rz .. l j6•ccmc-oo rc-c cotul}r.+ckL).'1 ..0 o.Y\ • C(cj�-}-�-�lo fe�� — �'�e5 evc�eS ecoo,s463 sis-4e»,S:n- ,,_o�-,-, 20 1 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMI BEACH CITY OF MIAMI BEACH SITE VISIT SIGN-IN SHEET DATE: August 19, 2022 TITLE: ITB-2022-607-ND Maurice Gibb Memorial Park `NAME {+ xr_ 4,,.,COMPANY,NAMES 4 J PQHON+E#n ,E' Signature "���.�..-. ,...y 71 9.i._ '�'.- (PLEASE PRINT) 1 # y;` x X ;; a• s` y �r �E MAIL ADDRESS' -FuJg14A (ns`vic - I .Enh1nC oti -\Cy Q1� t w) 3os-34 kW(ao ?A3(-A- 1 1X-6- 3t 4—136 GM'1 bLG- PC.Gj-9"/ n o)e `�eho. / NAc 7Z7 51tlR25 \II 1uM.cGlcore,Cwk • c eekry w. Cap. � �`'6. 7-4(3 ar5A/ ZA/xp56,k-j2t P l st opwc,. r 2 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 DIVISION OF CORPORATIONS 4414L DP/11310k1-Of c fldl offlLlal S7a/v of Florida wattyl/re Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number/ Detail by FEI/EIN Number Florida Profit Corporation LUNACON ENGINEERING GROUP, CORP. Filing Information Document Number P07000006670 FEI/EIN Number 37-1535403 Date Filed 01/16/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/18/2011 Event Effective Date NONE Principal Address 16890 SOUTH DIXIE HWY MIAMI,FL 33157 Changed:09/13/2011 Mailing Address 16890 SOUTH DIXIE HWY MIAMI,FL 33157 Changed:09/13/2011 Registered Agent Name&Address BONILLA, PATRICIA 16890 SOUTH DIXIE HWY MIAMI, FL 33157 Address Changed: 12/19/2011 Officer/Director Detail Name&Address Title PD BONILLA, PATRICIA 6101 Rolling Rd Dr Miami, FL 33156 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 Title VP CRIADO, EMILIO 6101 Rolling Rd. Dr Miami, FL 33156 Annual Reports Report Year Filed Date 2020 01/16/2020 2021 01/27/2021 2022 01/27/2022 Document Images 01/27/2022—ANNUAL REPORT View image in PDF format 01/27/2021—ANNUAL REPORT View image in PDF format 01/16/2020—ANNUAL REPORT View image in PDF format 01/11/2019—ANNUAL REPORT View image in PDF format 01/29/2018—ANNUAL REPORT View image in PDF format 03/14/2017—ANNUAL REPORT View image in PDF format 02/08/2016—ANNUAL REPORT View image in PDF format 02/16/2015—ANNUAL REPORT View image in PDF format 02/26/2014—ANNUAL REPORT View image in PDF format 01/14/2013—ANNUAL REPORT View image in PDF format 02/07/2012—ANNUAL REPORT View image in PDF format 12/19/2011—Reg.Agent Change View image in PDF format 04/18/2011—Amendment View image in PDF format 02/17/2011—ANNUAL REPORT View image in PDF format 04/24/2010—ANNUAL REPORT View image in PDF format 04/20/2009—ANNUAL REPORT View image in PDF format 07/02/2008—Amendment View image in PDF format 06/18/2008—ANNUAL REPORT View image in PDF format 01/16/2007—Domestic Profit View image in PDF format Roada Depa,t,,,ent of State,D,v,S,on of Corpo,atio,- DocuSign Envelope ID:D33400B5-1A08-15BE-A3CD-04124380D195 LUNACON MIAMI BEACH YOUR-E ARLE CON51RLC1 ON.a.1NEF 4" 1 PROPOSAL ELECTRONIC SUBMISSION FOR ITB NO. 2022-607-ND MAURICE GIBB MEMORIAL PARK OCTOBER 12, 2022 3:00 PM PROCUREMENT DEPARTMENT CITY OF MIAMI BEACH 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, 33139 LUNACON CONSTRUCTION GROUP 16890 SOUTH DIXIE HIGHWAY MIAMI FLORIDA 786-293-0035 ?bi• , - � A ICC GT DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LUNACON- YOUR CONSTRUCTION PARTNER Cover Lett r October 12,20 Maurice Gibb M mo al P k 1700 Pu dy Av n , M m B h FL33 39 Lun n E g n ng G up C p. d Lun n C nst u t n G u ( ) s I s d t v d u q f / s I nd mm tm nt t vd th M m B h P u m ntD w th qu ds v sf th Mu G Mm I k j .T snnl vddn u sI mm tt d t st t ng nd m I t ng th s j t wh n w d d Lun n s d v s H -W m n Own d S II Bus n ss h dqu t d n M m Fl d th t v d s d ng f nst u t n m n g m nt t sk nd g n I nst u t n s v s th ugh x nn v t n nd h d w k Lun n w s f and d n 2 7 nd s l d y is P s d nt Ms P t B n II nth fund m nt I n I s f nt g ty d d t o ndf th Lun nw s n t d n th St t f Fl d and D urn nt N P 7 6670 on Ja uary 16,2007. L n con disting ishes itself b offe ing np Ileled se vice,innov tive nd q lit d iven sol tions nd on-time es Its b st iving to exceed client expect tions while delive ing s fe, cc te nd high-q lit p ojects time nd time g in. L n con is c ent with the St te of Flo id which c n be ve ified t www.s nbiz Lunacon's Contracting Agent and Primary Contact Person P t ici Bonill , P esident 1689 So th Dixie Highw ,Mi mi, Flo id 3315 Office:786 2 3 0035/F x:786 2 3 0333 Em il:pbonill (� Website:www.l n conco p.com All wo k fo this p oject will be pe fo med f om the L n con' He dq te Office in Mi mi FL sing v it ble L n con pe sonnel nd eso ces.L n con c entl h s 3 emplo ees which encomp sses m jo it being const ction p ofession I in v io s positions. A I ge position of o completed p ojects e with epe t clients th t we h ve been wo king with since the fi m beg n, ove 15 e s go on J n 16, 2007.As the P esident of L n con, I he eb ttest its p incip Is, office s, o p edecesso o g niz tion(s) h ve not been deb ed o s spended f om bidding b n gove nment d ing the I st th ee (3) e s. B vi t e of s bmitting bid in esponse to this ITB, L n con g ees to be bo nd b nd in compli nce with the Solicit tion nd Cont ct Te ms nd Conditions. Sincerely, (}09 Patricia Bonilla President Lunacon Construction Group Confidential DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH Tab 1 Minimum Qualifications and Submittal Requirements A. Licensing R See next p ge. DocuSign Envelope ID'D33400B5 1A06 458E-A3CD-D412438DD195 • LL;•p4T�-�9T�;., Ron DeSantis,Governor 47.' - ..' .1\. d Florid , 0,4t.b. Melanie S. Griffin,Secretary a ' STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD o'er. ' t Lam_ 4,I l' . THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIO. S •F CHAPTER 489, FLORIDA STATUTES ' — fir_' � � — .wok BONILLA, PATRICIA CORN A 6 ' NACON ENGINEERING GROUP-cORP \ 16890 SOUTH DIXIE HWY , \ `` MIAMI . FL 33157 * . 1,L1; %.,rit, ....Ai*: , ,. , • LICENSE NUMBER: CGC1514246 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com ❑ '10❑ j fi •— Do not alter this document in any form. iJ r jo. , This is your license. It is unlawful for anyone other than the licensee to use this document. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LUNACoN- YOUR CONSTRUCTION PARTNER B. P evio s Expe ience of Bidde (Fi m) Reference No.1 Firm Name: PINECREST COMMUNITY CENTER Contact Individual Name and Title: Mark Spanioli,P.E. Public Works Director Address: Village of Pinecrest 10800 Red Road Pinecrest,FL 33156 Telephone: 305-669-6916 Contact's Email mspanioli@pinecrest-fl.gov Narrative on Scope of Services Provided: See attached narratives. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 JL- LUNA DN- MIAMIBEACH YOUR CONSTRUCTION PARTNER Project Number One I. Name and location of the project: Pinecrest Community Center Renovation and Addition 5855 Killian Drive, Pinecrest, FL 33156 II. Owner, owner's representative and contact information: The Village of Pinecrest, Rob Mattes, 305 234-2121 Ill. Size of project(square footage of project): 280,578 Square feet IV. Project Highlights Pinecrest Community Center is a renovation and remodeling project with a gross lot area of 280,578 sq.ft.(6.44 acres).The construction is separated into two phases: Phase 1: Includes the new Addition of the Community Center, Outdoor Playground Area and Outdoor Dining areas.Site works include: Relocation of existing trees,Removal and restoration of existing concrete and brick walkways, construction of concrete pad and trash bin enclosure, demolition and reconstruction of existing fitness station after completion of underground civil work, construction of emergency generator concrete pad and encasement, Construction of the new gazebo and sail shade canopy structure, septic tank relocation and the Addition of 103 parking lots to the existing 170 parking lots. Phase 2: Renovation of the interior corridor and remodeling of spaces of the existing Community Center building. With the following scope: Removal of existing roof top a/c unit, Reroofing, Removal of existing roof drain and scupper, Restoration of existing sprinkler system,Construction of concrete landing, Removal/Remodeling of partitions, doors, windows, flooring, ceiling and accessories according to plans. V. Construction cost: $4,000,086.41 VI. Present status of the project: Completed 2018 VII. Photos . DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LUNACON. YOUR CONSTRUCTION PARTNER — GEM "00 • j‘ 4 -ft .• ANANNAIN LAY ONO, Lun.con Con[IIUCUonG.OUP Pve[renr nruniM C..t(SAemm" u^^'as Meal CoT. 00dx No One *4 r.,...�,U„..vwsws g %11111111Ih'-- a ! �wrt DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ;r MIAMIBEACH LUNACON_ YOUR CONSTRUCTION PARTNER Reference No.2 Firm Name: SOUTH DADE AQUATIC Contact Individual Name and Title: Guillermo Pena- Construction Manager 2 Address: 16350 SW 280 St. Homestead Florida 33031 Telephone: 305-755-7914 Contact's Email: guillermo.pena@miamidade.gov Narrative on Scope of Services Provided: See attached narratives. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ;r MIAMI BEACH LuNACoN- YOUR CONSTRUCTION PARTNER Project Number Two I. Name and location of the project: South Dade Park Aquatic Center 16350 SW 280 Street Miami-Dade County, Florida 33031 II. Owner, owner's representative and contact information: Miami-Dade Parks and Recreation, Dewayne Deal,305-755-7800 III. Size of project(square footage of project): 98,000 square feet IV. Project Highlights The Scope of work of this project are as follows; Demolition of the existing pools, pool equipment, and interior of the existing aquatics facilities; Renovation of Existing Building and Addition of a Pool equipment Building, New Multipurpose Pool with Zero Entry Pool, Water Slide, Misting Palm Trees, Pool Deck lighting, permanent attachment ("Fixed") of Relocated and New Bleachers, permanent attachment of relocated and New Shade Structures, Fixed Umbrellas, Existing Splash Playground, new facility irrigation system, reconnect site irrigation; Parking Lot improvements including, new drainage, repaving, re-striping to accommodate eight (8) additional parking spaces, lighting, and dumpster enclosure; Construction of a new irrigation system for the remainder of the Park Site as outlined in the plans; and construction of a 4' high picket fence at Picnic Area. V. Construction cost: $4,312,849.79 VI. Present status of the project: Completed 2019 VII. Photos Paw II - .. _, { I 1 •lam!^ C _ i ,` ' . .... i `` ) : f c. ' ,, \ ,. , 41 ,,--, , ...L.,_ .., ‘-', 4, , , _ ,..., • .,,,, 7-1 1 ,. w f - . df-'1 t . '•)u� Lunuoo Construction Group. DocuSign Envelope ID:D33400B5-1A0B-456E-A3CD-D412438DD195 ;r MIAMI BEACH LuNAcoN- YOUR CONSTRUCTION PARTNER •s.r•». *mi .x-. 04. • 4. L_°-..'"5 : 1171' ,:,-'4:*1/4". 4, iF ..OM,IMAM ` Len.mn Go^u^Wti^^«aq. Sorg,Dads Aydt Calleri.,..a.o„ Wro.ne r.e.enae,.. aa.,aw Cm DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LuNACoN. YOUR CONSTRUCTION PARTNER Reference No.3 Firm Name: PINECREST UPPER GARDEN Contact Individual Name and Title: Angela T.Gasca-Assistant Project Manager Address: Office of the Village Manager,Village Pinecrest 12645 Pinecrest Parkway,Pinecrest Florida 33156 Telephone: 305-3242121 Contact's Email: agasca@pinecrest-fl.gov Narrative on Scope of Services Provided. See attached narratives. 4 DocuSign Envelope ID D33400B5-1A0B-45BE-A3CD-D412438DD195 ;r MIAMI BEACH LUNACON- YOUR CONSTRUCTION PARTNER Project Number Three I. Name and location of the project: Pinecrest Gardens Upper Garden Construction 11000 SW 57th Avenue, Pinecrest, FL 33156 II. Owner, owner's representative and contact information: The Village of Pinecrest, III. Size of project(square footage of project): 56,000 square feet IV. Project Highlights Pinecrest Gardens Upper Garden renovation project is designed for improvements to offer the following features: ADA accessible playground, toddler space and Petting Zoo improvements that offer children of all abilities the opportunity to engage with animals, and provide the residents and their pets a healthier and safer environment during extreme weather conditions. It includes an Expanded Sensory Garden / Inspiration Center that will focus on all-inclusive activities. The inspiration center contains a multi-use main hall, a general storage room, janitor's closet and restrooms. The petting zoo consists of three animal pod structures. The barn comprises five animal holding areas, a general staff work area and a storage room adjacent to the main space. Scope of work include Architectural concrete, Stone masonry veneer, Finish Carpentry, Metal Roofing, Architectural Wood Casework, Overhead Coiling Doors, Aluminum-framed Entrances and Storefront, Tiling, Terrazzo, Resinous Flooring, Interior and Exterior Painting and Coating. V. Construction cost: $ 6,325,235.90 VI. Present status of the project: For completion October 2022 VII. Photos -4ct 40IF .,. #'i-':. :' ' , .kji a. -:. ..';,.,-,:".k ;i . -:., .,i tri,' i)t; '1.-- i-'.";.•r,s.giilpt*.-iu0f TJ. 1. ,-- !. '. _ & .IS _ v Y u I,� 6 i IINII r{ h" r , �'.'� ..+ , -f ' '' ;..y i If PI, ti.E�.'T� yt�G' ��,X, DocuSign Envelope ID:D3340065-1A0B-45BE-A3CD-D412438DD195 JL.- LuN AcoN- MIAMI BEACH YOUR CONSTRUCTION PARTNER ;1.-$10 • ...7;:::140 4 fil • ' . - '' '1 ' ' • I 'Ny s �'�� j mai __ _ _ _-sly-r_. 4 J� ice` ' ?;44,pf y 01 f ti ^, • ,11 '' �k' 4 .,„;:c.?;.41, 4,,,` -A : ( jrr ', l �, p. _ 7 i A► DocuSign Envelope ID D3340085-1A0B-45BE-A3CD-D412438DD195 LuNACoN- MIAMI BEACH ',OUP CONSTRUCTION PARTNER C. P evio s Expe fence of Bidde (S bcont cto ) A. Shoreline Foundation Inc. B. ASAP Installations,LLC DocuSign Envelope ID: D33400B5-1A0B-45BE-A3CD-D412438DD195 LUNA oN. MIAMI BEACH YOUR CONSTRUCTION PARTNER Project No. 2022-607-NO Project Title MAURICE GIRR MEMORIAL PARK Shoreline Foundation,Inc. (subcontractor past experiences) ReferenceNo.1 Firm Name: City of Miami Beach Brittany Bay Park Contact Individual Name and Title: Public Works Department-Eugene Egemba Address' 1700 Convention Center Drive,Miami Beach, FL 33139 Telephone. 305.673.7000 Contact's Emat EugeneEgemba(s)miamibeachfl.gov Narrative or Scope of Services Provided: 'Please see attached for scope of work. Reference No.2 Firm Name: City of Miami Beach Various Locations Contact Individual Name and Title: Public Works Department-Giancarlo Pena, P.E. Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone: 305.673.7000 Contact's Email: giancarlopena@miamibeachfl.gov Narrative on Scope of Services Provided: 'Please see attached scope of work_ Reference No.3 Firm Name: United States Coast Guard -Miami Miami Beach Bulkhead Replacement Contact Individual Name and Title: Lt, Gonzales Address: 15808 SW 117th Avenue, Miami Beach, FL 33177 Telephone: 305.278.6727 Contact's Email: eva.m.gonzales@uscg.mil Narrative on Scope of Services Provided: 'Please see attached scope of work. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 SFi ' .S7 I oruulu'ion bit. - Project: City of Miami Beach (COMB) Seawall Replacement— Brittany Bay Park. Location: �- — --n`s+ell� Brittany Bay Park •-4-3- -,,, 64th St Indian Creek Dr. " �. Miami Beach,Florida ' - Owners Representative: City of Miami Beach +. Public Worker Department, - �-..- Engineering Division ' 1700 Convention Center Drive Miami Beach,FL 33139 Office: (305) 673-7000 Fax: (305) •_'" ....`. #y, ,, ,'_'``., 4 4 Construction Dates: ' �"` -r� ,,T START:8/1/2017 / 1 ., FINISH: 10/1/2017 ..., c11 '.- Construction cost: ''�►'"' . - $1,416,406 . Change Orders: • • : = -, • Project Status: i.ft !r.► - t 'Ilia �,mai ' Completed .' . SFI Project Manager: Mark Osburn SFI Project Superintendent: Mark Osburn Relevance/Scope of Work: _ r' ., I _r , Work consisted of:Installation of chipping off -= :�' .. the existing concrete seawall cap,installation of - = _ .-._ - _ new steel sheet pile seawall,14"x 14"square concrete batter pile,concrete seawall cap with steel reinforcing rebar,concrete seat-wall,3" galvanized pin pile,concrete Sidewalk, 1'—3' Rip Rap Boulders. - 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com DocuSign Envelope ID: D33400B5-1A0B-45BE-A3CD-D412438DD195 SF! ,.,.;. ...,.., Shoreline Foundation Inc: . ,. - Project: City of Miami Beach (COMB) Seawall Replacement—Various Locations Location: Typical construction at: Lincoln Ct., Bay Rd., -i,, •. -: Dade Blvd., West Ave, Indian Creek Dr., .r'i '' ` ` i ' --''' '' ' :x ►...- Cherokee Ave.,Normandy Shores Park,Maurice t. Gibb Park • " r/• Miami Beach,Florida t ti �' a4: t w. Owners Representative: City of Miami Beach ' - , ,< Public Worker Department, r• : ' t. '"k Engineering Division �� ' _. .71610C. : 1700 Convention Center Drive r' Miami Beach,FL 33139 . t 4 Office: (305) 673-7000 Fax: (305) -, Construction Dates: _START:2015 - FINISH:2017 Construction cost: $5,500,000.00 + Change Orders: FC� am: p nu; •w wm F , Project Status: r it., s ir" ,_ - Completed ., „ it �' ,.w- ill' r SFI Project Manager: � ' II'L UV n, Mark Osborn 1.40 `� ! 'er I SFI Project Superintendent: i � Mark Osburn I A' 4 4l,:., / '� '. . Relevance/Scope of Work: vote. y 4 �+ 11 V� �� ' Work consisted of:Fabrication&Installation or " -_ pre-cast concrete seawall panels up to 14'in _ - , x ____, length x 10'wide x 9"thick,Installation of 14"x _ 14"x 35'long concrete pile and 2'x 1.33' r - concrete seawall cap,placement of rip rap boulders. = _ 2781 S.W- 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 • Fax (954) 985-0462 • www.shorelinefoundation.com DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 SF ,: . ir . Shoreline I'%,wdaliw,Inc: ,".—,7 b.- . Project: USCG Miami Beach, Bulkhead Replacement Phase I i • t ■in : Location: r ' Gib USCG Miami Beach - -., ...Law w ,,, 100 MacArthur Causeway . ._.,...,_ _ I Miami Beach,FL 33139 -"" . � - - A .1 f1 __,_,� Owners Representative: 1 . United States Coast Guard—Miami _ + ,-.- �.—.--._ Lt.Gonzales CEU Miami Beach '"' . 15808 SW 117th Avenue Miami Beach,FL 33177 '*°'--'• -" (305)278-6727 Eva.M.Gonzales@uscg.mil Construction Dates: Start: 10/19/2015 Finish:06/25/2016 .. Construction cost: ; - ....- $1,851,300.00(Contract) t . $1,906,439.90(Completed Contract Amount) It • III --;'T.Am---•-In Change Orders: Yes(+)$55,139.00 ' Project Status: Completed ' SFI Project Manager. Peter Kolb SFI Project Superintendant: Darin Miller Relevance/Scope of Work: Installation of 508 linear feet of sheet pile wall in water depth exceeding 35'feet. Design build and installation of soil anchors to support new sheet pile wall.Concrete enclosure cap to contain existing and new bulkheads.Load tests for soil anchors.Concrete infill between existing and new sheet pile walls.Removal of existing concrete face of existing bulkhead.Transportation and removal of live coral along existing bulkhead wall.Underwater survey and debris removal.New site lighting,foam filled hanging fenders,cleats,and signage installed throughout site.Project took place while Base remained occupied and fully operational. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com DocuSign Envelope ID. D33400B5-1A0B-45BE-A3CD-D412438DD195 SF ir =- , .... .,Shoreline Foundation Inc. -',' ..- , Project: City of Miami Beach (COMB) Seawall Replacement — Brittany Bay Park. Location: —}" -. Brittany Bay Park 64th St Indian Creek Dr. 'LL,« ' 1 -y- Miami Beach,Florida Owners Representative: --- City of Miami Beach Public Worker Department, ' _ Engineering Division - 1700 Convention Center Drive "'": .` �' Miami Beach,FL 33139 Office: (305)673-7000 Fax: (305) i' `-.N�r Construction Dates: % \ ` 1 1 r _ -ter 1 ` START:8/1/2017 ` FINISH: 10/1/2017 Construction cost: e $1,416,406 • Change Orders: ' Y Y - 4 Project Status: 4_ WtI I_ti•dr An•• Completed - -� .,- - _ — SFI Project Manager. Mark Osburn SFI Project Superintendent: •_ ' ' • Mark Osburn Relevance/Scope of Work _ r • Work consisted of:Installation of chipping off " the existing concrete seawall cap,installation of _ �- =' new steel sheet pile seawall,14"x 14"square -...-,--- concrete batter pile,concrete seawall cap with steel reinforcing rebar,concrete seat-wall,3" - galvanized pin pile,concrete Sidewalk, 1'—3' _, Rip Rap Boulders. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 • Fax (954) 985-0462 • www.shorelinefoundation.com DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 /�\ SFT Shurrline/or m,/non Inr. . . - Project: City of Miami Beach (COMB) Seawall Replacement—Various Locations Location: Typical construction at: Lincoln Ct., Bay Rd., .is li" _ ,. .. Dade Blvd., West Ave, Indian Creek Dr., 7* :�s ...*S ,;, '"• Cherokee Ave.,Normandy Shores Park,Mauricezr ` ' ` *' '• 00•t►..i. Gibb Park t. 7` Miami Beach,Florida I r- , �0 L' Owners Representative: - . . City of Miami Beach "z S t t * Public Worker Department, Engineering Division - 1. - " 1700 Convention Center Drive . . Miami Beach,FL 33139 Office: (305) 673-7000 Fax: (305) ._... lir --.„.......... - Construction Dates: ". - - START:2015 +- FINISH:2017manink. '` Construction cost: $5,500,000.00+ Change Orders: .:11:. :I n -31iiii. ■ : ii,ir .Y- Or i Project Status: - id ^ ! _ . Completed t ling- n 7r r._ Pi2 SFI Project Manager: rn III Mark Osburn SFI Project Superintendent: Mark Osburn ' I li, \ ip`f ♦.r r , •• _46, _ Relevance/Scope of Work: r r r *i `*• 0-'. ` Work consisted of Fabrication&Installation or _-••• - pre-cast concrete seawall panels up to 14'in length x 10'wide x 9"thick,Installation of 14"x -•. 14"x 35'long concrete pile and 2'x 1.33' -" }` - - concrete seawall cap,placement of rip rap - .,�,,;c "G " boulders. 'rc •; --: --- — - -- 2781 S.W. 56"' Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com DocuSign Envelope ID D33400B5-1A0B-45BE-A3CD-D412438DD195 SFI Shoreline Foundation Me. '',', k- Project: USCG Miami Beach, Bulkhead Replacement Phase I Location: •.• USCG Miami Beach _�� !a-I~ , ';t vw - ' ,I I 100 MacArthur Causeway i - .- --, -��' ;,-� - - • 1 Miami Beach,FL 33139 v`"' " ,�, ate+►_ ' Owners Representative: l N -o 2^-----. ' United States Coast Guard—Miami " . �•,..�� --- i . Lt.Gonzales CEU Miami Beach . 15808 SW 117th Avenue �� `` Miami Beach,FL 33177 (305)278-6727 4- Eva.M.Gonzales@uscg.mil Construction Dates: Start: 10/19/2015 ... ... Finish:06/25/2016 Construction cost: $1,851,300.00(Contract) — ` $1,906,439.90(Completed Contract Amount) ; gF�^1 ' milt Change Orders: Yes(+)$55,139.00 ` - I Project Status: ,A Completed : :. SFI Project Manager: Peter Kolb , SFI Project Superintendant: • Darrin Miller - Relevance/Scope of Work: Installation of 508 linear feet of sheet pile wall in water depth exceeding 35'feet. Design build and installation of soil anchors to support new sheet pile wall.Concrete enclosure cap to contain existing and new bulkheads.Load tests for soil anchors.Concrete infill between existing and new sheet pile walls.Removal of existing concrete face of existing bulkhead.Transportation and removal of live coral along existing bulkhead wall.Underwater survey and debris removal.New site lighting,foam filled hanging fenders,deats,and signage installed throughout site.Project took place while Base remained occupied and fully operational. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com DocuSign Envelope ID:D3340085-1A0B-45BE-A3CD-D412438DD185 SEAWALL MARINE Projects : etoGGROUP ❑ Homewood Suites St. Augustine ❑ Academical Villages Offsite = a TERRATEST Company Improvements DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ---- -- - Suites St. : - .. . -� - - , , .;:„ Homewood � . . ,_.�, :,i Augustine _-Y Company: GCC Construction I .\‘---"ii- - -- Location: 10 Prawn Street' St. Augustine , FL Contract Value : $800,000 . Contact: Alex Grace ; 423-208-9833 Scope of Work: ASAP performed the engineering and w installation of a permanent sea wall for the Homewood Suites u ,: . project located in Saint Augustine, FL. The scope consisted of 1; ' „ - T •the installation of sheet piles with a dead man system using tie- "tomp.,... ..... :`• .. ,• rods. The system used was coated bymeans of coal tar epoxy '"4 , - ' `; r;- Y P Y 1 per specifications. Project was completed in June 2019. - .•......� 0 ` t I Ref.: https://asapgroup.com/portfolio-item/homewood-suites/ / r DocuSign Envelope ID:D33400 1Aa 5B=A3CD-D412438DD195, ill , .. , .. .. . .. . aa ga ..; . ,, Offsite Improvements , f, .. . , .,- .. � ; �- � ..: �. Company: Brasfield & Gorrie _'-�' , , , �' -r r� Location: 3528 S University D Davie• , FL "' Contract Value: $2,307,942 Contact: Trevor Craig, PM, 1 .. ` tcraig@brasfieldgorrie.corn, 678-581-6400 -lir - u Ir Scope of Work: ASAP performed the engineering and +i' A - • ==== .oZ .- y 6 o f II installation of a permanent sea wall for the Academical Village .= • '� Offsite Improvements project located in Davie, FL. The scope „ . _ , consisted of the installation of cantilever sheet piles with ` ' , I ;;. -. TN.' _ concrete cap. The system used was coated by means of coal tar -,,� , epoxy per specifications. Project was completed in April 2021. ~�- I DocuSign Envelope IDi D33400B5-1A0B-45BE-A3CD-D412438DD195 • MIAMIBEACH LuNACON VDUR CONSTRUCTION PARTNER D. Previous Experience of Bidder (Firm) Project Manage-Gladys Artunedo ➢ Project 1-Pinecrest Upper Garden Contact name,telephone&email & Email Angela T. Gasca, CPPO Assistant Village Manager Office of the Village Manager Village of Pinecrest 12645 Pinecrest Parkway Pinecrest,Florida 33156 t 305.234.2121 f 305.234.2131 aRasca Apr necrest-fl.Rov www.pinecrest.fl.Rov I. Name and location of the project: Pinecrest Gardens Upper Garden Construction 11000 SW 57"'Avenue,Pinecrest,FL 33156 II. Owner, owner's representative and contact information: The Village of Pinecrest, III. Size of project(square footage of project): 56,000 square feet IV. Project Highlights Pinecrest Gardens Upper Garden renovation project is designed for improvements to offer the following features! ADA accessible playground, toddler space and Petting Zoo improvements that offer children of all abilities the opportunity to engage with animals:and provide the residents and their pets a healthier and safer environment during extreme weather conditions. It includes an Expanded Sensory Garden ,` Inspiration Center that will focus on all-inclusive activities. The inspiration center contains a multi-use main hall. a general storage room, janitor's closet and restrooms. The petting zoo consists of three animal pod structures. The barn comprises five animal holding areas, a general staff work area and a storage room adjacent to the main space. Scope of work include Architectural concrete. Stone masonry veneer, Finish Carpentry. Metal Roofing, Architectural Wood Casework, Overhead Coiling Doors. Aluminum-framed Entrances and Storefront, Tiling, Terrazzo, Resinous Flooring, Interior and Exterior Painting and Coating. V. Construction cost: $6,301,895.50 VI. Present status of the project: For completion December 2022 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ;r MIAMI BEACH LUNACDN YOUR CONSTFU,C.TION,'ART NI-F r Project 2-Construction of Larcenia J. Bullard Plaza Contact name,telephone&email Kevin Montero,PMP Acting Division Director Facilities and Infrastructure Management Division Miami-Dade County Internal Services Department 111 NW 1st Street.24th Floor Miami FL 33128 Office-305-375-5242 E-mail Kevin montero@miamidade goy www govhnterna*ervices I. Name and location of the project: R Construction of Larcenia J.Bullard Plaza 14518/14508 Lincoln Blvd,Miami,Florida 33176 II. Owner,owner's representative and contact information: Facilities and Infrastructure Management Division, Miami-Dade County,Kevin Montero, PMP, Acting Division Director,kevin.montero@miamidade.gov Phone:305-375-5242 Ill. Size of project(square footage of project): 14,000 Sq.ft. IV. Project Highlights The scope of work consists of a new two-story building with approximately 14,000 sq ft of total constructed area, fully air-conditioned, reinforced masonry, or concrete block structure. The building will be utilized as a catalyst for civic events in a designated museum/exhibit space among other uses such as 5 retail spaces on the first floor along with a takeout restaurant/kitchen area and administrative office conference and meeting spaces on the second floor. The subject property is owned and operated by Miami-Dade County. The building was designed to meet and qualify for a Silver LEED certification facility in compliance with Resolution 1309-07, concerning Implementing Order (1.0. 8-8), establishing guidelines to further Miami-Dade County Sustainable Program initiative. The new construction work for the project included concrete and masonry; roofing assembly; framing, drywall, and finishing; painting; heating,ventilation, and air conditioning(HVAC)systems; underground utility systems; asphalt paving including curbs and drainage; offsite roadway improvements; landscaping; plumbing system;electrical/electronic security systems;IT/COMM and fire protection system. V. Construction cost: $6,155,005.00 VI. Present status of the project: Completed 2021 DocuSign Envelope ID D33400B5-1AOB-45BE-A3CD-D412438DD195 dba 1r Lunacon Construction Group, Corp. LuNACo CONSTRUCTION GROUP r SUMMARY OF QUALIFICATIONS A highly energetic, creative and dedicated professional with a strong background in construction and architectural design fields. /� Air .... Consistently demonstrates a strong work ethic with a positive approach to meeting any challenges. Fluent in English and Spanish. ? I - I Lunacon Construction Group Corp. I Miami, FL Project Manager I Sept. 2019 — Present p • Provide project execution guidance throughout the end-to- end project lifecycle with the ability to assess potential construction workarounds to avoid project slips. • Develop and maintain a log of common construction means GLAD i�/S and methods workarounds Maintain project comparative productivity analysis using EVM (earned value measurement). ARTU N E DO • Assist project teams to develop risk assessments.and develop the General Contractor's on-boarding requirements. Project Manager • Develop requirements for improved field execution and delivery across schedule, productivity, and cost assist with assessing YEARS OF EXPERIENCE construction durations for IMS (Integrated Master Schedules) and 15 years develop improved, innovative approaches to construction standard means and methods leadership responsibility of three groups: project YEARS AT LUNACON managers, primary engineers and secondary engineers. More than a year • Assign resources to tasks, prioritize in case of conflict and assure continuous improvement of execution processes Keep EDUCATION overview of all running projects, manage cost/risk assessment and issue regular project status summary report to executives Recognize Florida International and steer additional sales opportunities, minimize risks and maximize University(FIU), Miami, synergies. FL (2015-2019 BBA - • Coordinate and drive optimization of inter-departmental Finance activities, manage interphase with other departments (sales, SCM, University of production etc.) Havana, Havana, Cuba • Manage problem escalation in projects and network with (1992- 1997 B.S., peer head of execution to ensure common process and best practice Architecture sharing • Develop Estimates, doing take off and spread sheet for Miami Dade College, pricing in Division 3 to 14 for commercial, municipal, Miami, FL (2013-2015) educational and federal projects up to $10 Million. Associate in Arts • Maintained cost data base by entering and backing up Instituto Politecnico, data. Havana, Cuba (1990- • Assembled and displayed numerical information to 1992) project managers. A.A. Degree in • Digitized bid sets and plan sheets. Mechanical Design • Produced rate estimations. • Worked collaboratively with subcontractors. LANGUAGES Fluent English & Spanish 16890 South Dixie Highway I Miami, Florida 33157 I Office: 786-293-0035 I FAX: 786-293-0333 DocuSign Envelope ID D33400B5-1A0B-45BE-A3CD-D412438DD195 LUNACON PROJECT EXPERIENCE ECOA 61 Havana, Cuba Architect- Design and Projection Department 1 Performed as Project Manager for Specific Con- 1997-2011 tracts Under Lunacon • Steadily progressed from designer, as- sistant architect in prefab housing projects of • Larcenia Bullard Plaza ($6M) -The project "Reparto Electrico" (a condominium community consists of the construction of a new two-sto- in Havana), to architect. ry building with approximately 14,000 square • Responsible for implementing a project de- feet of total constructed area, fully air condi- signed under strict ecological requirements boned, reinforced masonry or concrete block for a 20-building project in Havana. structure. • Morningstar Renewal Center Sanitary Resto- ration - $29k- Connect 3 buildings to 9 sani- tary connections located around the perimeter of the buildings as well as cap off a Collection Box and route the previously connected pipe to an existing sanitary line. OTHER PROFESSIONAL EXPERIENCE EVERGLADES LUMBER & BUILDING SUPPLY 1 Miami, FL 1 Senior Estimator/ Project Adminis- trator/ Field Supervisor 1 Dec. 2011-April 2017 • Responsible for management of placing personnel and quality of work at all times. • Confirm daily schedule for all crews. Assist with look ahead schedule. • Responsible to decide startup/shut down issues on assigned projects and instruct crew members accordingly. • Determine means and methods of completion of projects, within standards and core values. • Conduct periodic job site safety inspections and audits. • Ultimately responsible for all working person- nel actions occurring on job site and ensuring safe working conditions for all. • Ensure that all equipment, vehicles, and tools are kept in safe and good working order and used properly. • Develop plan of action to complete jobs safely, on time, and under budget. • If necessary, develop plan to make up lost time on jobs when behind schedule. • Coordinate and manage all manpower needed to complete assigned projects, this includes recruiting and terminating employees as needed and job situations warrant. • Clearly communicate goals and expectations to crewmembers, including but not limited to, allotted man hours, amount of work to be completed, schedule, etc. LUNRcor CONSTRUCTION GROUP DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LuNAcoN. YOUR CONSTRUCTION PARTNER E. Previous Experience of Bidder(Firm)Superintendent-Cary Shawn Ritch See projects and resume on the next pages. ➢ Project 1-Archer Western Construction Contact Name,Telephone&Email Lynn Leach,Senior Superintendent 704-534-4186 (leach@archerwesternconstruction.com Project Address Charlotte Douglas International Airport 120 mil Narrative on Scope of Services Provided 3.3mil sq ft Cast-in place parking deck and rental car facility Contract amount and completion date 120 M Completed Aug 2014 ➢ Project 2-370'Charlotte Air Traffic Control Tower Contact Name,Telephone&Email Martin Williams, Project Manager 704 487 9198 Mwilliams@archerwesternconstruction.com Project Address Charlotte Douglas International Airport Narrative on Scope of Services Provided 3,300,000 mil sqft Cast-in-place post tension Parking deck and Rental Car Facility:cast-inplace concrete,foundations, piles,concrete finishes, mass excavation, Demo of existing buildings. Airport Terminal Remodel and Structural Upfit 370'Air Traffic Control Tower:cast-in-place concrete,foundations,concrete caissons,concrete finishes, intricate systems,sidewalks,site work Contract amount and completion date 61M Completed June 2018 DocuSign Envelope ID. D3340065-1A0B-45BE-A3CD-D412438DD195 Lunacon Construction Group, Corp. CONATRU{T1014 GROUP SUMMARY OF QUALIFICATIONS 28 years seasoned construction supervisor focused on Federal/ i► Commercial Construction Superintendent experienced inutilizing 3 phase USACE Q/C meetings with Owners representative and Q/C. Exceptional leadership skills combined with a knowledge of all A, oar , ki construction subtrades. Proven project leadership within a team environment to deliver fast-paced, management services. Driven by --.4 ` an interest to provide problem-solving solutions, and a core value to 4 be thorough with attention to detail, to provide successful outcomes. ,' •,, ' Understands and promotes the need for the building process to be , transparent, consistent, efficient, productive, and most importantly, safe. • Lunacon Construction Group Corp. I Miami, FL CARY Superintendent! January 2021- Present SHAWNOversee and manages every aspect of field construction. The key responsibility is to turn backlog into cash flow. Optimize project life RITCH cycle from pre-construction to close out phase. Demonstrate an entrepreneur spirit to accelerate project milestones. Optimize and Superintendent facilitate project work flow with excellent coordination and leadership skills. Maintain effective working relationship with sub-contractors, YEARS OF EXPERIENCE vendors, owners/client demonstrating Lunacon's Mission Vision and Values. 28 years • Utilize and understand all contractual document requirements, YEARS AT LUNACON code regulations and Trade partners contract and scope to 1 year effectively turn backlog into work completed and billable projects. • Manage all trade Partners, Schedule and Cost; complete all TRAINING AND projects on time and on budget. CERTIFICATIONS • Conduct Final walkthrough with architect and owner to verify all punch list items are approved and meet contractual requirement. CPR & First Aid • Review and verify subcontractor payment application with percentage of completion Blue Beam • Ensure that permanent utilities are installed, tested and working OSHA 30 during closeout. • Complete a quality and safely driven project according to the BIM 360 I PlanGrid guidelines of USACE QA/QC standards, the applicable codes and the OSHA Standards. Procore • Advocate safety as priority on the job-site and enforce safety plans and regulations. • Ensure site is completely clean and ready for occupancy before LANGUAGES final walk through. • Develop start up schedule to complete project 5-10% ahead of Fluent English base line schedule. • Track and maintain As-builts, Daily Reports, Change Orders, RFI, NCR, Inspections, Photos, Communication to is/from Owner and Trade Partner, etc) is up to date in Procore and any project required technology • Verify all toolbox talk, meeting minutes and Daily logs are on Procore regularly. 16890 South Dixie Highway I Miami, Florida 33157 I Office: 786-293-0035 I FAX: 786-293-0333 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 OTHER PROFESSIONAL EXPERIENCE • Airport Terminal Remodel and Structural Upfit 370' Air Traffic Control Tower: cast-in-place Performed as Superintendent for Specific Con- concrete, foundations, concrete caissons, tracts Under Lunacon concrete finishes, intricate systems, sidewalks, site work • US Department of the Interiors - Rehabilitate Flamingo Visitor Center, Everglades Nation- Kent Companies of Carolinas I Charlotte, NC al Park, Miami-Dade County, Florida - $7.2M General Superintendent I 2010-2011 - Repurposing and renovation of the former Flamingo concessions restaurant and gift shop • Served as general superintendent for self- into the new Guy Bradley Visitor Center and performed concrete projects ranging from the renovation of the Law Enforcement Wing cast-in-place / precast parking decks to mid- (current Ranger Station).The facility roof struc- rise office buildings. Provided supervision for ture and roof system, which was damaged in an in-house crew of 9 while driving production previous hurricanes will be replaced in full with and minimizing material waste. a new modified bitumen roof system. SATOC at Harmony Church—Fort Benning, GA OTHER PROFESSIONAL EXPERIENCE • GATen 2-story barracks, two BHQs, one dining Ritch Construction Services I Cherryville, NC facility, one brigade HQ,two storage buildings, Owner/Operator I Nov. 2019 - Present one latrine,and three review stands.Worked as superintendent for T&T construction in charge • Served as the owner/operator renovating of turn key concrete scope for entire project. existing buildings for adaptive reuse. Estimated Responsibilities included: all but not limited project costs using plans and specifications to, Safety, Quality, Environmental Protection, while analyzing customer needs through General Contractor and Owner relations,Dai- consultation. Managed and supervised teams ly Reports / Documentation for each phase of and subcontractorsduring all project stages. Scope. Worked with Army Corp Of Engineers Monitored material and equipment usage to through each project to ensure the highest track labor production and material efficiencies. quality and to keep the environment clean and Built strong relationships with both current safe. Supervised 50 hourly employees. Dealt and past clientele while pursuing future work. with vendors, sub contractors and trade labor companies. All scheduling of concrete pours, Shelco, LLC I Charlotte, NC testing agencies, and inspections. Proper dis- Superintendent I July 2019 - Nov. 2019 posal of concrete waste and clean up. • Served as project superintendent for the MATOC at Harmony Church—Fort Benning, GA ground-up construction of a tilt-up warehouse & distribution center. Provided hands-on • Four 2-story barracks, one storage building, commercial construction superintendent one latrine, and one track-shelter.Worked as duties,including project scheduling,site logistic superintendent for T&T construction in charge & flow planning, production & cost tracking, of turn key concrete scope for entire project. material procurement, safety leadership, and Responsibilities included: all but not limited provide construction solutions. to, Safety, Quality, Environmental Protection, General Contractor and Owner relations,Dai- Archer Western Contractors/Walsh Construction ly Reports / Documentation for each phase of I Charlotte, NC I Project Superintendent 12012 Scope. Worked with Army Corp Of Engineers - 2019 through each project to ensure the highest quality and to keep the environment clean and Projects include: safe. Supervised 50 hourly employees. Dealt • 3,300,000 mil sqft Cast-in-place post tension with vendors, sub contractors and trade labor Parking deck and Rental Car Facility: cast-in- companies. All scheduling of concrete pours, place concrete, foundations, piles, concrete testing agencies, and inspections. Proper dis- finishes, mass excavation, Demo of existing posal of concrete waste and clean up. buildings. LUNf C D DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH F. Cont ct Time&Sched le See next pages. DocuSlgn Envelope ID.D33400B5-1A0B-45BE-A3CD-D412438DD195 ty ID Activity Name Original Start Finsh Total 2023 2024 Duration Fr of Oct Nov Dec Jan Feb Mai Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug •- Maurice Gibb Memorial Park Bid Schedule.02 I 807 31-0ct-22 28-Jun-24 0 PROJECT MILESTONES&SUMMARY 607 31-Oct-22 28-Jno-24 0 • Pro'ect Milestones 1 - 80731-0q-72 '28Jun-24 0 A1000 Contract Award 0 31-Oct-22* 0 •ConkadAwatd A1040 Pre-Construction Meeting 0 04-Nov-22 0 •Pre-Construction Meeting iA1070 NTP Issued 0 07-Nov-22 0 •NTA Issued A1060 Construction Start&Site Kick-Off Meeting 0 21-Nov-22 0 •Construction Matt&eke Kick-0flMeetAp 4Su[st$nlal Ccrrpletion A1020 Substantial Completion 0 29-Apr-24 0 ' A1030 Foal Completon 0 28-Jun-24 0 •Foal Gonpbdon Pro'ect Sum ma 600 07-Nov-22 28Jun-24 0 P2140 NTP to Substantial Completion 540 07-Nov-22 29-Apr-24 0 NTPto Substantial Compkdon A2150 NTP to Final Completion 600 07-Nov-22 28-Jun-24 0 NTP•Final Compel ENGINEERING&PROCUREMENT 475 04-Nov-22 21-Fc1.24 A2290 Subrrrssion of Project Execution Package(Bond Insurance,PEP,Safety.Etc.) 20 04-Nov-22 23-Nov-22 5 O Submssion of Project Exacttio 1 Package(Bond,lnsu nce,PEP,Safety,Etc.) P2300 Identifcatlon of Items for Earty Procurement/Project Subn%tak Preparations/Revew/Approval 450 04-Nov-22 27Jan-24 0 klenti9Cation o Items tAr Early procurement/Probed Sutfl illf A2310 FAD Materials 450 29-Nov-22 21-Feb-24 0 FAD Maenak CONSTRUCTION(DFO1N) 350 2/-N0v 22 15-A11-24 0 ••ill ti• - 30 21-Nov-22 04-Jan-23 0 A1180 Ste Mobifzation/Ste Survey/LJtily Coordinations/Verifcaaons of ExsAng Condeons 25 21-Nov-22 27-Dec-22 0 EIMIO Ske Mobizatign/Ste purvey/Utity Coordin C4e1dUem$ A1185 Temporary N,brks,Structures 8 Ut'ibes Setup 25 29-Nov-22 04-Jan-23 0 Temporary Warts,Strucurgs 8 Utilbes Se Earthwork&Demolition 275 14-Dec-22 22-Jan-24 0 1 ' A3520 Tree Rebcaatn&Maintenance 25 14-Dec-22 20-Jan-23 0 NMI= Tree Reocaton&Mai enance A3510 Selective Demotion/Removal&Cleanng of Existing Ste Developments 8 Utilities 30 29-Dec-22 10-Feb-23 0 : Selectrve Demolton/Removal& tearing of Brisling Ske ebpmerhs&Mimes P3540 Demnition of Existing Playground 10 30Jan-23 10-Feb-23 0 • Demoltion of Eyeing Playground A3550 Excavation 40 13-Feb-23 10-Apr-23 0 EP'v5ssn' P3850 Contaminated Sod Removal&Disposal 20 14-Mar-23 10-Apr-23 15` ConfermatedContaminated • A3570 Backfl,Compaction&Grading 180 02-May-23 22-Jan-24 0 Ba kN COrtpeslon&dlBdYg Shoreline Stabilization&Im•rovements 230 07-Mar-23 05-Feb-24 49 A4010 Steel Sheet Pile Driving for New Seawal 40 07-Mar-23 01-May-23 0 MINN.Steel Sheet fe Driving for New Se 1 A3530 Anchorage&Tie-backs Instalation for New Seawal 30 04-Apr-23 15-May-23 0 • Pechora &Tie-backs IrMatao for New Seawal A3870 Concrete Pie Cap Construction for Existing&New Seawal 40 02-May-23 28-Jun-23 0 Concrete Pie Cap Co coon for Seeing& Seawal A3880 Riprap Construction for Existing&New Seawal 30 29-Jun-23 10-Aug-23 0 Ripiap Co ctioe for Erasing& Seawal A3890 Manatee Grate Instalaton 15 16-Jan-24 05-Feb-24 49 ISO Manatee Grate Iris tie on Drainage stem 150 11-Aug-23 19-Mar-24 9 • A3560 Retention Tank Construction 40 11-Aug-23 06-Oct-23 7 Reteton Tank 'ri A3580 Drainage Line Installation&Structures Construction 90 11-Sep-23 22-Jan-24 7 i-- 1 drainage Lne Ipstalhidn&Structures Conseugion A3670 Retention Swale Construction 40 23-Jan-24 19-Mar-24 9 CliMilnli Petenao9 Swale COfl55lcaon Water Service S stem 90 11-Sep-23 22-Jan-24 7 43600 Waiertre Instsleti0n&Structures Construction 90 11-Sep-23 22-Jan-24 7 1:=2.N1eEeriie lnsmletion&$truclues Construction Hardsca•e 62 21-Dec-23 21-Mar-24 17 A3690 Drop-off Area Construction 20 29-Dec-23 29-Jan-24 17 p Drop-SRArea Constniclion A3700 Shade Structure Construction 20 16-Jan-24 12-Feb-24 17 t' Shade Structure Construction A3610 Piano Wil&Bench Construction idudig Foundation&Finishes 20 23-Jan-24 20-Feb-24 19 =En Piano Nal&Be Frt+Coftstrumot iidudhg Foundation P3660 Concrete Wakwayw/Exposed Shel Rock Fresh 40 21-Dec-23 20-Feb-24 0 - Concrete Waltv(ayw/Ejeposed Sled Rtjck Reef) P3680 Curbs&Gutter Construction 40 21-Dec-23 20-Feb-24 0 Curbs&Gutter Construction A3750 Retaining Wel Construction irxtudirg Suface Fnehes&Staffs 40 21-Dec-23 20-Feb-24 39 •••jmi Retainngg Wal Gorse'uciion including Srpface nitrifies A3730 Playground Shade Sails Construction including Foundation 30 16-Jan-24 27-Feb-24 17 • Playground Shade Sails Consbucton including Foun ( A3720 Playground Equipment Installation including Foundation 12 13-Feb-24 29-Feb-24 17 mgPlayground EquipneAt Installation kndud'ng Fbundat P3900 Enebsure for Efedncal Equipment 15 21-Feb-24 12-Mar-24 14 lin Enctosure br Elecbical Equpnawt. A3740 Aluminum Playground&Dog Enclosure Fencing 12 01-Mar-24 18-Mar-24 20 `Morinumt Paygrpund&Dog E nposure Fencem A3760 Ratings for Stairs 20 21-Feb-24 19-Mar-24 19 O Raings br Star$ A3770 Relocation&Cleaning of Existing Entracnce Sign 10 06-Mar-24 19-Mar-24 19 • Febfeca n&Claiming of Exslhg Entrac$ce SigA3710 Playground Surfacing&Substrate 15 01-Mar-24 21-Mar-24 17 ` Phygrotlnd Surfaaeg&Subsa;te Fishin•Pier Overlook&Lookouts 130.11-Aug-23 20-Feb24 19 A3620 Timber Rfe Diving for Fshing Pier 30 11-Aug-23 22-Sep-23 0 Tinter File Drkng for Falling Pier tii Remaking Level of Effort • •Milestone Actual Level of Effort Maurice Gibb Memorial Park Bid Schedule.02 Page 1 of 2 le' Ir_Actual Work PC-756-Bid.02 O Remaining Work Bid Schedule Report Data Date:31-Oct-22 LUNACOr 1•Critical Remaining Work CONSTRUCTION GROUP DocuSign Envelope ID:033400B5-1A0B-45BE-A3CD-D412438DD195 ,..Nhr ID .ay r::r... :, i d _.. • A3630 Concrete Pie Construction for Overlook , • - ..�.. . 0 25-Sep-23 �06-Nov-23 0 -..- ��: ' •�„ ; A3950 Lookouts Framing&Decking 45 07-Nov-23 12-Jan-24 0 : Lopkouls franleg&Dedrk A3960 Fshing Pier Framing&Decking 45 07-Nov-23 12-Jan-24 0 Fishing Pier Framing&Denting A3970 Overlook Franng&Decking 45 07-Nov-23 12-Jan-24 0 immlumOvertook Framing&Deckig A3940 Lookout Raifngslnsmntlon 25 16-Jan-24 20-Feb-24 19 I I Lookout Raifng$InslolgEon A3980 Overlook Raings Instalaion 25 16-Jan-24 20-Feb-24 19 0 Overbo c Raikys lnstalhtion A3990 Fishing Pier Raiings Instalauon 25 16-Jan-24 20-Feb-24 19 0 Fishing Fier Railings Insyalaton Electrical&Li.htin n 135 11-Sep-23 26-Mar-24 ''. ' A3640 Lghbng System(UG Conduit&Wiring.Instalauon of Bases&Poles) 90 11-Sep-23 22-Jan-24 17 L'ghong System(UG Conduct&Wing,Instalabon of Bases& A3650 CCTV System(Electrical Raceways,Power Circuits&Devices) 24 15-Dec-23 22-Jan-24 49 CCTV System Electrical Raceways.Power Crab&Devices A4090 Electrical Connections for New Drinking Fountains 12 04-Jan-24 22-Jan-24 49 - - l3 Electrical Connections for New prnkingrountakrs A4100 Dual Electrical Vehicle Charting Station Construction 32 23-Jan-24 07-Mar-24 17 am.. Dual Electrical Vehicle Charting Station Coltnidit A4110 Switchgear provision 10 13-Mar-24 26-Mar-24 14 mgSeatc5 ear provslon Site Furniture 44 06-Feb-24 09-Apr-24 5 A3790 Flagpole Construction 20 06-Feb-24 05-Mar-24 9 komlFlagpole Coastrudott A3800 Parking Pay Station Construction 25 06-Feb-24 12-Mar-24 9 IMINIParking Pay Station Constuction A3780 Pet Waste Stab°nsCorstrucion 20 21-Feb-24 19-Mar-24 19 0.0Fet Waste Shoo its Construction A3820 Trash&Recycle Receptacles 8 08-Mar-24 19-Mar-24 19 i I® Trash&Recycle Receptacles A3830 Fsh Cleaning Stations and Fishing Pier Beef Construction 25 21-Feb-24 26-Mar-24 9 I : Feb Cleaning Stations and Fishing Re BeetC A3920 Drilling Water Fountains Inslalation 5 26-Mar-24 01-Apr-24 10 i 0 Drinking Water Fountains Inselation A3810 Hercules Bollards lnstalabons 15 13-Mar-24 02-Apr-24 9 O Hercules Bollards Instaleions A4000 Bice Racks Instakation 10 20-Mar-24 02-Apr-24 9 O Bice Racks Iristalation A3910 Park Bench and Picnic Tables Instalation 20 12-Mar-24 09-Apr-24 5 1-9 Park Bench and Picnic Tables Installable Landsca•e&Irri•ation 5923Jan-24 15-Apr-24 0 ' A4200 Silva Cells Instalation 21 23-Jan-24 21-Feb-24 7 lam"^, Siva Cabs InstaPtion A4140 Living Shorelne:Landscape 21 22-Feb-24 21-Mar-24 7 t`7 Lbng Sttorelne;Landscape A4180 Park:Landscape-Shrubs&Grounnd Cover 38 14-Feb-24 08-Apr-24 0 *moo Park:Landscape-chrubs}Grourd Cove A4160 Park:Landscape-Trees 42 14-Feb-24 12-Apr-24 0 mijm Palk:Landscape-Trees A4170 Park:Landscape-Palls 42 14-Feb-24 12-Apr-24 0 imlikiiPark:Landscape-Pairs A4210 Planting Sod,Structural Soil,Organic Soil Ma Placement 25 11-Mar-24 12-Apr-24 1 iPlanting SON,Structural Sok,Organic Sol I A3840 Mulct Placement 15 26-tMar-24 15-Apr-24 0 OM Muth Plabenrent A4130 SOD Laying 15 26-Mar-24 15-Apr-24 0 tit SOD Layng A4150 Lung Shorelne:Irrigation System 22 15-Mar-24 15-Apr-24 0 ** Ling Shorelne:I-talon eyWMrl A4190 Park:Irrgaion System 29 06-Mar-24 15-Apr-24 0 MEM. Park Irrgaion System Punchlist,Closeout&Turnover 74 13-r1,1 24 2e J.24 0 A2060 Start-up&Inspections 10 16-Apr-24 29-Apr-24 0 *Start-up&Inspedtony A2070 Project Substantial Completion 0 29-Apr-24 0 •Projerit Substantial Conpleaol! A2130 Fnal Touch Up&Clean Up 10 16-Apr-24 29-Apr-24 0 *Fnal Touch Up&Clean Up A2065 Cbseout Documents 40 30-Apr-24 26-Jun-24 2 Nipmals=pCbseout Documents A2080 Punchout Period 60 30-Apr-24 28Jun-24 0 Punchput Period A2090 Project Fnal Completon 0 28-Jun-24 0 i •Project Final Cpmpleti -Rerrtanng Level of EBort • •Milestone Jl -Actual Level of Effort Maurice Gibb Memorial Park Bid Schedule.02 Page 2 of 2 le Actual work PC-756-Bid.02 0 RenainngWork Bid Schedule Report Data Date:31-Oct-22 LUNACO� 11 CracalRemanngWork CONSTRUCTION GROUP DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 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:D33400B5-1A0B-45BE-A3CD-D412438DD195 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 TOTAL BASE BID AMOUNT $9,320,775.00 I Indemnification of City $25.00 Permit Allowance $75,000.00 TAL (TOTAL BASE BID AMOUNT+INDEMNIFICATION OF CITY+PERMIT GRANDALLOWANCE) $9,395,800.00 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. Total Item Description Quantity U/M Unit Cost Quantity_X_Unit_Cost NOT APPLICABLE 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 Description Quantity U / M Unit Cost Quantit _X_Unit_Cost NOT APPLICABLE Continued on the follow page. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ITEM DESCRIPTION UNIT COST GENERAL CONDITIONS 1 CONDITIONS LS $ 783,718.46 2 MOBILIZATION/DEMOBILIZATION LS $ 118,889.00 3 MAINTENANCE OF TRAFFIC LS $ 25,075.00 4 EROSION CONTROL AND TEMPORARY FENCE&GATES LS $ 66,288.50 5 BOND AND INSURANCE LS $ 126,134.85 EARTHWORK AND DEMOLITION 6 SITE AND UTILITY DEMO LS $ 241,835.70 7 TREE RELOCATIONS AND MAINTENANCE LS $ 112,696.87 8 DEMOLISH EXISTING PLAYGROUND LS $ 13,562.12 9 MOVE,PLACE AND COMPACT MATERIAL LS $ 975,277.57 10 CONTAMINATED SOIL REMOVAL AND TRANSPORTATION OFFSITE TO AN LS $ 145,712.11 APPROVED LANDFILL SHORELINE STABILIZATION AND IMPROVEMENTS 11 STEELSHEETPILE WALL(PROPOSED WALL) LS $ 719,018.08 12 TIE-BACK(PROPOSED WALL) LS $ 78,728.29 13 14"SQUARE CONCRETE PILE(EXISTING AND PROPOSED WALL IMPROVEMENT) LS $ 263,791.64 14 CONCRETE CAP(EXISTING AND PROPOSED WALL IMPROVEMENTS) LS $ 413,742.30 15 RIP-RAP(EXISTING AND PROPOSED WALL IMPROVEMENTS) LS $ 52,654.15 16 MANATEE GRATE(FURNISHED AND INSTALLED) LS $ 16,579.68 DRAINAGE 17 DRAINAGE SYSTEM LS $ 229,343.61 18 2"WATER FOUNTAIN DRAIN TO DRAIN BASIN LS $ 8,732.70 WATER SERVICE 19 SERVICE CONNECTION WITH WATER METER AND BACKFLOW LS $ 55,473.08 20 WATER SERVICE FOR NEW WATER FOUNTAIN/FISHING PIER LS $ 5,361.80 HARDSCAPE 21 CONCRETE WALKWAYS WITH EXPOSED SHELL ROCK FINISH LS $ 494,040.21 22 CURBS AND GUTTERS LS $ 53,210.20 23 DROP-OFF AREA FRAMING AND DECKING,INCLUDING CONCRETE SLAB LS $ 117,805.35 24 SHADE STRUCTURE WITH FOUNDATIONS,FRAMING AND DECKING LS $ 408,862.30 25 PLAYGROUND SHADE SAILS WITH CONCRETE FOOTINGS LS $ 374,938.20 26 PLAYGROUND EQUIPMENT AND FOUNDATIONS,INCLUDING DESIGN LS $ 577,207.69 27 PLAYGROUND SURFACING AND SUBSTRATE LS $ 291,417.57 28 ALUMINUM PLAYGROUND&DOG ENCLOSURE FENCING LS $ 121,475.66 CAST-IN-PLACE CONCRETE RETAINING WALL INCLUDING STONE FINISH BOTH 29 LS $ 361,931.12 SIDES,AND STAIRS 30 . RAILING FOR STAIRS LS $ 9,128.24 31 RELOCATION AND CLEANING OF EXISTING ENTRANCE SIGN LS $ 3,350.14 32 ENCLOSURE FOR ELECTRICAL EQUIPMENT LS $ 22,780.95 33 PIANO WALL AND BENCH,INCLUDING FOUNDATION AND FINISH LS $ 63,266.73 FISHING PIER,OVERLOOK AND LOOKOUTS 34 12"TIMBER PILES LS $ 66,808.49 35 14"CONCRETE PILES LS $ 8,243.49 36 CONCRETE CAP(EXISTING AND PROPOSED WALL IMPROVEMENTS) LS $ 66,400.85 37 FRAMING AND DECKING LS $ 225,923.40 38 RAILING FOR STAIRS LS $ 40,764.50 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 ELECTRICAL AND LIGHTING 39 DEMOLITION OF EXISTING LIGHTS,POLES,BASES,SERVICE AND WIRES LS $ 22,780.95 40 SWITCHGEAR LS $ 31,960.47 41 LIGHT FIXTURES AND BASE(INCLUDES INSTALLATION,WIRING AND CONDUITS) LS $ 638,142.63 42 DUAL ELECTRICAL CHARGING STATION LS $ 39,743.83 43 ELECTRICAL CONNECTIONS FOR NEW DRINKING FOUNTAIN LS $ 60,369.52 44 ELECTRICAL RACEWAYS AND POWER CIRCUITS(CCTV SYSTEM) LS $ 63,187.31 SITE FURNITURE 45 PARK BENCH AND PICNIC TABLES LS $ 88,260.56 46 DRINKING WATER FOUNTAINS - LS $ 25,494.57 47 BIKE RACKS LS $ 8,408.47 48 FISH CLEANING STATIONS AND FISHING PIER BEEL LS $ 6,212.28 49 ,PET WASTE STATIONS LS $ 4,282.76 50 HERCULES BOLLARDS LS $ 19,500.05 51 TRASH AND RECYCLE RECEPTACLES LS $ 49,851.86 52 22'FLAGPOLE LS $ 2,464.59 53 PARKING PAY STATION LS $ 7,335.91 LANDSCAPE&IRRIGATION 54 LIVING SHORELINE: LANDSCAPE LS $ 7,008.49 55 LIVING SHORELINE: IRRIGATION LS N/A . 56 PARK:LANDSCAPE-TREES LS $ 80,984.05 57 PARK:LANDSCAPE-PALMS LS $ 14,293.93 58 PARK: LANDSCAPE-SHRUBS&GROUND COVER LS $ 88,400.82 59 PARK:IRRIGATION LS $ 114,798.13 60 SILVA CELLS LS $ 53,942.84 61 ,PLANTING SOIL,STRUCTURAL SOIL,50/50 CLEAN SAND/ORGANIC SOIL MIX• LS $ 77,389.35 62 SOD,INCLUDING 4"SOIL BLANKET LS $ 42,390.44 63 MULCH LS $ 13,400.56 TOTAL BASE BID AMOUNT: $ 9,320,775.00 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 APPENDIX B MIAMI BEACH BID BOND FORM Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 BID BOND Page 1 of 2 Lunacon Engineering Group,Corp.dba KNOW ALL MEN BY THESE PRESENTS, that we, Lunacon Construction Group,Corp. as Principal, hereinafter referred to as Contractor, and Philadelphia Indemnity 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 total amount bid lawful money of the United States of America, for the payment of which well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS,the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials, equipment, machinery; tools, apparatus, means of transportation for, and the performance of the Work covered in the Bid Documents which include the Project Manual, the detailed Plans and Specifications, and any Addenda thereto, for the following solicitation. Bid No.: 2022-316-ND Title: MIAMI BEACH POLICE DEPARTMENT(MBPD)HEADQUARTERS RENOVATION PROJECT 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:D33400B5-1A0B-45BE-A3CD-D412438DD195 BID BOND Page 2 of 2 IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the 13th day of October ,20 22 . ATTEST: PRINCIPAL: Lunacon Engineering Group,Corp. dba Lunacon Construction Group, Corp. (Contractor Name) tth" Cmn ar$6.11 Signature Signatu Print Name Print Name(Principal) Title Title ,tl ee kra t (i -i IN PRESENCE THEREOF: SURETY: a A )' I Philadelphia Indemnity Insurance Company Signature (Surety Name) Lily Rafford Warr .Alter Print Name Attorney-in act(P 'nt Name) div Signature (CORPORATE SEAL) (Power of Attorney must be attached.) I DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA I9004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satin,Warren M.Alter and Jonathan A_Bursevich of Alter Surety Group,Inc.its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed S50,000,000. This Power of Attomcy is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'"of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attomey(s)in Fact and authorize the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and (2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED; That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH,2021. tl*t`u k 1 ftariet.t i?;,"A'Ii (Seal) "?vH,i,un�aP` 10 41i ii i iiriideriti$r EO- ' _ Philadelphia Indemnity Insurance Company On this 5ih day of March,2021 before me came the individual who executed the preceding instrument,tome personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature,were duly affixed. _ _ Notary Public: 'Otrunenrit*thoti'IMlyRWlrI3 Nbu 6�at• GIGO + e t + v n.se Mlcitatuie�.4101P.mb_ IOntpo*r Fctlntir MYCommlgtonaxpfresNovemb.r3,*02% _ , - _ - . , . Commisstoiibumber138839a ', Pasmh.r.PIlrin_ r!ne omciWafotHatu(�t: y h)v .--5.... residing at: Bala Cynwyd,PA- My commission expires: November 3,2024 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5'day March,2021 are true and correct and are still in full force and effect.I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. 13th October In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of . ,20 22 ,k, • +{i OR zerr Edward Sayago,Corporate Secretary ` o1 1 ` "'..} PHILADELPHIA INDEMNITY INSURANCE COMPANY aMta b. #v,r. IU�� DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 MIAMIBEACH LuNAcoN- YOUR.RELIABLE CONSTRUCTION PARTNER Tab 3 Other Bid Forms A. Local Workf rce Parti ip ti n P g m Resp nsibl C t t Aff d v F m (A d x C) B. Trench Safety Certification Form (Appendix D) • See next pages. DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 APPENDIX C ty\ Am ' BEAC Prevailing Wage and Local Workforce Participation Programs Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 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 itsbestreasonable efforts to promote.employmen =•pa - • 'ami Beach residents.'To verify workers' residency,contractor(s)shall provide the residence address of each worker. �. de, AL- EMILIO CRIADO VICE PRESIDENT - �' Print Name of Affiant . Print Title of Affiant Signature of Affiant LUNACON-CONSTRUCTION GROUP October 12, 2022 Name of Firm Date 16890 DIXIE HWY,PALMETTO BAY FLORIDA 33157 Address of Firm State Zip Code DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 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 Page Intentionally Left Blank DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 APPENDIX D miAmiBEAcH Trench Safety Act Certification Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 TRENCH SAFETY ACT CERTIFICATION PAGE IOFI IF APPUCABLE, 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 Trenching for Drainage Work LS $5,000.00 $5.000.00 Shoring using Trench Boxes Total $ $5,000.00 LUNAC• may, T;UCTION GROUP Nam= ofy ' X uthorized Signatu - of Bidder CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 El 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:D33400B5-1A0B-45BE-A3CD-D412438DD195 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 INSURANCE REQUIREMENTS PURSUANT TO ITB-2022-607-ND-MAURICE GIBB MEMORIAL PARK The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the 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. Professional Liability (Errors & Omissions) Insurance with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. E. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) F. Umbrella Liability Insurance in an amount no less than $10,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. G. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and 1 DocuSign Envelope ID:D33400B5-1A0B-45BE-A3CD-D412438DD195 INSURANCE REQUIREMENTS PURSUANT TO ITB-2022-607-ND-MAURICE GIBB MEMORIAL PARK 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:VI I 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 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances—The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the contractor of his liability and obligation under this section or under any other section of this agreement. 2