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Contract with BUSLAM Company Partners Inc. DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 • DocuSign Envelope ID:D38AFA4C-ED7F-4378-8147-5D257D9484E2 Contract No. 22-310-01 CONTRACT 6/16/2023 I 3:35 EDT THIS CONTRACT("Contract")is made and entered into as of the 301h day of May 2023, by and between the City of Miami Beach, Florida, a municipal corporation (the "City")and BUSLAM Company Partners Inc.(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-2022-310-AY-FOR BAYSHORE PARK The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and saver harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid are hereby incorporated by reference to the General Conditions for Construction Contracts dated April 13, 2020, and Formal Solicitation Terms & Conditions — Goods and Services dated July 7,2022,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, and Formal Solicitation Terms & Conditions — Goods and Services), Attachment B (Plans and Specifications, Invitation to Bid No. ITB-2022-310-AY-For Bayshore Park and all Addenda thereto),Attachment C( Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (Insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any { Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.)shall govern this Project. In consideration of these premises,the City hereby agrees to pay to the Contractor for the ( work,when fully completed,the total maximum sum of thirty-five million,one hundred sixty- one thousand five•hundred twenty-seven dollars and zero cents($35,161,527.00). 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 $31,715,000.00 Total Permit Allowance Account $250,000.00 Total Alternate Items (if applicable) NONE Total Owner's Contingency $3,196,502.00 Contract Price $35,161,527.00 1 DocuSign Envelope ID:.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 DocuSign Envelope ID:D38AFA4C-ED7F-4378-8147-5D257D9484E2 Contract No. 22-310-01 The Contract Price,exclusive of the Owner's Contingency and Permit Allowance,includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field • supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom,even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time: Days for Substantial Completion: 660 days Days for Final Completion: 60 days Liquidated Damages: Failure to achieve Substantial Completion:$3,000.00/day Failure to achieve Final Completion: $1,500.00/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. [BALANCE OF PAGE INETIONALLY LEF BLANK] 2 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 DocuSign Envelope ID:D38AFA4C-ED7F-4378-8147-5D257D9484E2 • Contract No. 22-310-01 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: Mina Samadi at 305-673-7071 ext. 22581 Email: minasamadi( miamibeachfl.cov Or Daniel Cevallos at 305-673-7071 ext.26816 Email: danielcevallosCcmianiibeachifl.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Rafael Paz, City Attorney Ph: 305-673-7000 Email:rafaelpazfa,i'niamibea'eliflOv • For Contractor: BUSLAM Company Partners Inc. Attn: Ivan Bustillo 960 Arthur Godfrey Road Suite 206 Miami Beach, FL 33140 Ph: 888-515-3107 ext. 203 Email: ivanbustoiiiAbustam.com [BALANCE OF PAGE INETIONALLY LEF BLANK] { 3 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 DocuSign Envelope ID:D38AFA4C-ED7F-4378-8147-51:1257D9484E2 Contract No. 22-310-01 IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH,FLORIDA cDocuSigned by: By: • Rafaeit bra adO, City Clerk ina T. Hudak, City Manager 6/16/2023 I 3:35 EDT Date: [seal] APPROVED AS TO FORM&LANGUAGE 1 &FOR EXECUTION 3124 /Z 3 City Attorney ger Date FOR CONTRACTOR: BUSLAM Qo/ s. `.rtners Inc. a I By: l N van Bu aIII arn- i Date: 05-30-2023 [seal] • 4 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 ATTACHMENT A CITY'S ERMS & CONDI 10 DocuSign Envelope ID:F6A4C9F5-75136-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (April 13,2020) ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS. 1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the Contract Documents. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein, as follows: "Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules regulations,lawful orders and decrees of governmental authorities having jurisdiction over the Project,Project Site, or the Parties. "Application for Payment" means the detailed itemized documentation, including all supporting documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract Documents. "Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid Submittal"are used interchangeably. "Bidder" means any individual or firm submitting a Bid for this Project. "Change Order" means a written document ordering a change in the Contract Price and/or Contract Time or a material change in the Work(as defined herein). A Change Order must comply with the requirements of the Contract Documents. "CIP Inspector!PWD Field Observer"means a City employee charged with observing and documenting,for internal City purposes only,general observations and conditions of the Project including,without limitation,the weather conditions, the number of workers present at the time of observation, general type of work being performed and taking photographs regarding same. Contractor expressly waives any right to assert as a defense to any claim regarding the Project including, without limitation, any dispute between the City and Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP Inspector or other City employee conducting any field observations during the Project. The Contractor expressly acknowledges that the purpose of such City employee is to observe and document for internal purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be treated as,a person with authority to approve or reject the Work on behalf of the City or any other entity,or to direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to any Claims involving the Project. "City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works 1 I General Conditions for Construction Contracts(April 13, 2020) `�_ DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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. "Protect 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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. a� 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 ot 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 plans,andthat edu ne.of the Work ect o conflicts by shall be performed without any change in between large-scale drawings and small-scale the drawings, Price or Project Schedule. With respect 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. such 1.2.8. Words which have s well-known ess technical Contract Documents otherw se specifically define suchwith unl the recognized or well-known meaning, 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 receipt of all necessary permits by Contractor;(2)City's acceptance of the Contractor's full progress schedule in accordance with the Contract Documents, Contractor's submittal schedule, Contractor's Schedule of Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's submission to the City and Consultant of any other documents required by the Contractor Documents. The Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with construction of the Work within twenty-one(21)calendar days of the issuance of the first Notice to Proceed. 3.5. Warranty.Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Contract Documents. 3.6. Personnel Requirements. 3.6.1. The orders of City are to be given through Consultant or the Contract Administrator, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking Construction Superintendent and any necessary assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the written consent of City,unless the Construction Superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks, including, but not limited to, organization and coordination of the Work of Subcontractor employees; exercising control over rate of construction progress to assure completion of the Project within the Project Schedule; inspecting or observing the Work to enforce conformity to the Contract Documents and supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the Project. On a daily basis, Contractor's Construction Superintendent shall record,at a minimum,the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work;time of commencement of work for the day;the work being performed;materials,labor, personnel, equipment and subcontractors at the Project Site; visitors to the Project Site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project Site and shall be available at all times for inspection and copying by City and Consultant. 3.6.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish, keep,and distribute minutes and any comments thereto of each such meeting. 3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Contract Documents,it shall be Contractor's duty to immediately inform Consultant,in writing,and Consultant 8 )General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 Subcontractors 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 IApril 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 warranties,if any,implied or expressed,arising out of such agreements and any error,omission or negligence of such Subcontractor in the performance of any of its obligations under such Subcontract; d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents, directors,and employees,and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida Statutes; e. that such subcontract shall be terminable for default or convenience upon ten(10)days prior written notice by Contractor,or, if the Subcontract has been assigned to the City, by the City or its designee; f. that Subcontractor shall promptly notify the City(with a copy to Contractor)of any default of Contractor under the Subcontract,whether as to payment or otherwise; g. that Contractor and Subcontractor acknowledge that(i)they are each entering into a contract for the construction of a public facility or public works project as contemplated in Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further agree to include a similar requirement in any purchase order or subcontract entered into by Subcontractor; and (iii)the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to claim a lien on the Project,and that any claims for nonpayment shall be made against the bond in accordance with Section 255.05, Florida Statutes. h. that Subcontractor shall comply with all Applicable Laws(including prompt payment)and the City requirements as set forth in the Contract Documents and maintain all files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract Documents. that the City may, at reasonable times, contact Subcontractor, after notice to Contractor,to discuss, or obtain a written report of, Subcontractor's services,with Contractor entitled to be present during any such discussions;provided that in no event, prior to any assignment of the Subcontract to the City, shall Subcontractor take instructions directly from the City; j. that Subcontractor promptly disclose to the City and Contractor any defect, omission, error or deficiency in the Contract Documents or the Work about which it has knowledge no later than ten (10) days following discovery of such defect,omission,error or deficiency; k. that Subcontractor assign all warranties directly to the City, I. that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. 10 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 anda release of liens and consent of surety relative to the Work which is the subject of the Application. Following submission of acceptable supporting documentation along with each Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent(10%)of each such payment until fifty percent(50%)of the Work has been completed.The Work shall be considered 50%complete at the point at which the City has expended 50%of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in the Contract Documents. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor,until Substantial Completion.Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator,after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage,except as may be required herein or by Florida law. Any.interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. 5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the Contractor in the following circumstances: a. correction or re-execution of Work which is defective or has not been performed in accordance with the Contract Documents and which the Contractor has failed to correct in accordance with the terms of the Contract Documents; b. past due payments owed to Subcontractors for which City has not been provided an appropriate release of lien/claim(whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract Documents' requirements or uncured Default of this Contract by the Contractor; 15 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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. Proiect 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 review and acceptance within seven (7)days following notification from the City, so as to ensure Contractor makes up lost time. 6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule incorporating City's comments. If the City accepts Contractor's Recovery Schedule, Contractor shall, within five (5) business days after City's acceptance, incorporate and fully include the Recovery Schedule into the Project Schedule and deliver same to City. 6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City in its sole discretion, that demonstrates Contractor's ability to timely follow the Project Schedule, the City may,without prejudice to any other rights and remedies available to the City hereunder or otherwise,declare an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration of the Work,and other measures, including substantially increasing manpower and/or necessary equipment, as may be necessary to bring the Work into conformity with the Project Schedule. 6.4. Substantial Completion. As a condition of Substantial Completion, all of the following must occur: 6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance with the Contract Documents; 6.4.2. If applicable,all pre-commissioning activities, including alignment, balancing,lubrication and first-fill, have been completed; 6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in compliance with Applicable Laws, and without damage to the Work or to the Project; 6.4.4. Contractor has corrected all defects,deficiencies and/or discrepancies to the entire Work as identified by the City or the Consultant, and the Consultant confirms such corrections have been made in writing; 6.4.5. The most recent updated set of "as-built" drawings reflecting the progress of the Work through Substantial Completion (in native file format, such as autoCAD); 6.4.6. When Contractor believes it has achieved Substantial Completion, Contractor shall request an inspection by the City and the Consultant, and shall provide the City with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the City to assist in its evaluation thereof. Contractor shall,prior to said inspection,develop its preliminary Punch List for input and comment by the City and the Consultant. Once the preliminary Punch List is submitted to the City, the City and its representatives shall then schedule a walk-through of the Project with Contractor and the Consultant. Following the walk-through, Contractor shall develop and provide City with the list of all remaining items of Work to be completed or corrected,and which incorporates items and comments identified or provided by the City and Consultant comments and is certified for completeness and accuracy by the Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on 19 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant,it must, if required by Consultant,be uncovered for examination and properly restored at Contractor's expense. 7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator,and if so ordered,the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of,the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 7.5. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector,directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 7.6. The Contractor shall coordinate all technical inspection and testing provided by professionals designated by the City,the Consultant,permitting authorities, and others.The Contractor shall also schedule the services,of independent testing laboratories and provide the necessary testing of materials to ensure conformance to the Contract Documents and provide a copy of all inspection and testing reports to the City on the day of inspection or test.The Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is covered up, but in no event less than 24 hours before the Work is covered up. All costs for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the Work is not ready to be inspected shall be at.Contractor's sole cost and expense. If any members of the Project team are to observe said inspections, tests or approvals required by the Contract Documents, they shall be notified in writing by the Contractor of the dates and times of the inspections,tests or other approvals. The Contractor shall schedule,direct and/or review the services of or the reports and/or findings of surveyors, environmental consultants and testing and inspection agents engaged by the City. All Materials and Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should be covered up without approval or consent of City's Project Coordinator, or without necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such Work for examination and testing, and shall re-cover same at Contractor's expense. 7.7. Defective or Non-Conforming Work. 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City,Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing 25 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 Co;Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 oer tro Projl ect torm t Site inl (respe Contractor, at no cost to the City, shall take all onse to all threatened storm events, regardless of whether)ons the necessary to secure the Pr � p City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1)monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards, and removing screening on fences and signs; (5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away, and removing all non-essential barricades; and (6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension,will entitle the Contractor to additional Contract Time as noncompensable, excusable delay,and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However,City does not guarantee that all lines are shown,or that,the ones indicated are in their true location. As part of the Contract Price, it shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the plans. 8.7.2. The Contractor shall notify each utility company involved at least ten (10)days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other 28 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 9.3.4. For projects of$500,000.00 or less, City may accept.a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code,and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions,the provisions of this Article shall apply. 9.4. Insurance Requirements.The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue,3rd Floor, Miami,Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid Summary(and/or exhibits thereto). 9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 9.4.2. Waiver of Subrogation.Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 9.4.3. Other Insurance Provisions. a. For any claims related to this project,.the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. b. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. c. If any excavation work is included in the Contract,it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: a. The retroactive date must be shown, and must be before the date of the contract or the 31 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five(5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five(5)years after completion of the contract work. d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. e. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. 9.4.4. Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Article. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time. 9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these requirements, including limits,based on the nature of the risk, prior experience, insurer,coverage,or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract Documents. 9.5. Indemnification. 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 32 I General Conditions for Construction Contracts(April 13,2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 fees,to the extent caused by the negligence, recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. 9.5.2. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. 9.5.3. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. 9.5.4. Nothing in this Artilce is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. 9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE CONTRACT TIME. 10.1. Changes in the Work or Terms of Contract Documents. 10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change Order, executed by the Parties hereto,with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 10.2. Field Orders. 10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution,providing the Field Order involves no change in the Contract Price or the Contract Time. 10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions,or interpretations concerning the Contract Documents or its performance, provided such supplemental instructions involve no change in the Contract Price or the Contract Time. 33 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 proceedange Order or Change Order shall take effect until Conse tactor deliveed in the rs a Consent of Surety increasing he Directive. Performa Performance Change Order shall take 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)General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 10.3.6. If none of the methods set forth above are agreed upon,the Contractor,provided it receives a written Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed with the Work involved, subject to Contractor's reservation of rights as to disputed-amounts (with such reservation of rights identifying the precise nature of the dispute, the facts in support of the Contractor's position, and the maximum amount and/or time sought by the Contractor).The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change, including a reasonable overhead and profit in accordance with this Article. With respect to any such Change Order Work,the City,with the Consultant,will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written approval by the City.With respect to all Change Orders, Contractor shall keep and present, in such form as the City may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work. 10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price associated with such Work as stated in the Contractor's schedule of prices bid, as set forth in Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Contract Documents, as may be amended by Change Order. If additional unit price work is ordered, then the Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s)of work performed at the appropriate original schedule of prices bid associated with such Work. 10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the Contract Price, by way of a deductive Change Order. 10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the Contract Price, multiplied by the percentage specified for overhead and profit in the Change Order,provided, that the overhead and profit markup or fee shall be as follows: (1) if the Change Order Work involves self-performed Work performed by the Contractor's. own forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent(10%)of the net change in the Contract Price; or (2) if the Change Order involves Work performed by Subcontractors or Suppliers, or both, the overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors and Suppliers at all tiers shall not exceed ten percent 10%of the net change in the Contract Price, and the Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one half percent(7.5%)of the net change in the Contract Price. For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit fee,as applicable to the Contractor, Subcontractors or Suppliers. 10.4. Value of Change Order Work!"Costs of the Work". The term"cost of the Work" means the sum of: 35 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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. Contractors 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 Contractors cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Contractors 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen,which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. e. The cost of utilities,fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls,telephone service at the site, express delivery services (FedEx, UPS or couriers, and the like), internet or other telecommunications services, and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because of changes in the Work. 10.4.7. The term"cost of the Work"shall not include any of the following items, as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Anyy 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 r. Costs incurred after the Contractors 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,Contractors 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 Contractors 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) i ' DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. 10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto shall be deemed conclusively waived,if the Contractor has not provided the required written notice within two (2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City thereof,the Contractor shall submit its proposed pricing and/or request for extension of time within ten (10) days after the proposed solution is identified to the differing site condition described in the Contractor's initial notice to the City. 10.13.3. For purposes of this Section, a"materially differing"site condition is one that(1)is not identified in the Contract Documents and is not reasonably inferable therefrom; and (2) could not have reasonably been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior site investigation;and(3)requires a change to the Work that increases Contractor's costs and/or impacts the critical path for completion of the Work. 10.13.4. Where Site Conditions delay the Project,and said delay could have been avoided by reasonable investigations of the Project Site at any time prior to commencement of the Work in question,such delay shall not be considered to be an Excusable Delay beyond the control of the Contractor, and no time extension shall be granted. No request for an equitable adjustment or change to the Contract Time for differing Site Conditions shall be allowed if made after the date certified as the Substantial Completion date. ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES. 11.1 Claims must be initiated by written notice and,unless otherwise specified in the Contract Documents, submitted to the other Party within ten(10)days of the event giving rise to such Claim or within ten(10)days after the claimant reasonably should have recognized the event or condition giving rise to the Claim, whichever is later. Such Claim shall include sufficient information to advise the other party of the circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including, without limitation, the amounts and number of days of delay sought, and the basis of such request. The Claim must include all job records and other documentation supporting entitlement, the amounts and time sought. In the event additional time is sought,the Contractor shall include a time impact analysis to support such Claim. The City shall be entitled to request additional job records or documentation to evaluate the Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-300 et seq.,of the City Code. 11.2 Claims not timely made or otherwise not submitted in strict accordance with the requirements of this Article or other Contract Documents shall be deemed conclusively waived,the satisfaction of which shall be conditions precedent to entitlement. 11.3 Contractor assumes all risks for the following items,none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work,costs to prepare, negotiate or prosecute Claims, and loss of projects not bid 43 I General Conditions for Construction Contracts(April 13,2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work,equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts,subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials,services,or facilities,except as necessary to complete the portion of the Work not terminated(if any)under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City(if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site,including life safety and any property related to this Contract that is in the Contractors possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values,within 30 days of the effective date of termination,unless extended in writing by the City upon request.Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Contract,except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default,the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty- 45 I General Conditions for Construction Contracts(April 13,2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 l General Conditions for Construction Contracts(April 13, 2020) �_ DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Contract, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Contract for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Contract, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained herein. The Contractor shall have no further recourse of any nature for wrongful termination. 13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Contract is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies,existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article at any time shall not constitute a waiver of such rights and remedies. 13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required by the Contract Documents, and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is withholding such payment pursuant to any provision of this Contract which entitles the City to so withhold such payment,the Contractor shall have the right upon the expiration of the aforesaid ninety(90)day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination,Contractor shall not be obligated to recommence the Work until such time as the City shall have 48 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 fumish 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. I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID. F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 fora 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.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 15.3 Upon ten (10)days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 15.4 The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash,trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. .3 I General Conditions for Construction Contracts(April 13, 2020) DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMIBEACH 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 Bidder's 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 be at 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/City- hall/procurement/procurement-related-ordinance-and-procedures/. I 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 2016 3990 Non-discrimination(boycotts) 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 may be 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 request supplemental 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 the right 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMIBEACH 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 or Addenda 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. ures are not allowed, d y by e rime 15. contractor. Bidders may, however, identify sub-contractors ort bid JOINT VENTURES/SINGLE URPOSE ENTITY. Joint sub-consultants to hepri a Bidders who emay l h serve spteam 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. Subjectthe forror sing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, sabotage,explosions, embargo restrictions,quarantine restrictions,transportation accidents, strikes,strong hurricanes or tornadoes, other impossibility,inclement weather,,oar, failure Godprevent performance. Majeure shall to secure any of the required permits pursuant theAgreementte technological 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: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH 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'.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMIBEACH 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 aquisitionbid ration) of , or reproduction, until yea scafter final(payment under this ccont contract or forethis any longer period required by statute ortby other clausesthree 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 writing 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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 borne 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 govem. 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 Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH 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 earn 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 (ADA1. 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 4 INVITATION TO BID NO. 2022-310-AY BAYSHORE PARK(the "ITB") October 12, 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 •uestions has sassed. No further •uestions 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 21,2022. 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: 928 142 136# To join on your computer or mobile app Click here to join the meeting II. RESPONSES TO QUESTIONS RECEIVED. Q1. I am requesting that CAD files be made available for the referenced Bayshore Park project. Please let me know if these files can be available as soon as possible. Al: The CAD files will be shared with the awarded firm. ITB No. 2022-310-AY Addendum#4 10/14/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 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 RafaelGranadomiamibeachfl.qov 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 No. 2022-310-AY Addendum#4 10/14/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC � Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 INVITATION TO BID NO. 2022-310-AY BAYSHORE PARK(the "ITB") October 12, 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 •uestions has •asued. No further •uestions 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 19, 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: 928 142 136# To join on your computer or mobile app Click here to join the meeting II. REVISIONS 1. Delete Appendix A, Bid Price as Attachment A. THE REVISED BID Priced Replace with Revised Appendix A, Bid Form, attached heretoBID PRICE FORM IS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL FAILURE TO SUBMIT THE REVISED BID PRICE FORM WITH THE PROPOSAL SHALL DEEM PROPOSER NON-RESPONSIVE. 2. Delete Project Manual, Division 26 — Electrical, Section 26 56 68 — Exterior Athletic Lighting — LED, of the ITB in its entirety and Replace with Revised Section 26 56 68 — Exterior Athletic Lighting — LED, attached hereto as Attachment B. 3. Delete Exhibit A-1 —Bayshore Park Bid Set, Drawing Sheet LH-30, of the ITB in its entirety and Replace with Revised Drawing Sheet LH-30, attached hereto as Attachment C. 4. Delete Exhibit A-1— Bayshore Park Bid Set Drawing Sheet A-6.1 of the ITB in its entirety and Replace with Revised Drawing Sheet A-6.1, attached hereto as Attachment E. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 5. Delete Exhibit A-1— Bayshore Park Bid Set Drawing Sheets E-100 and E-104 of the ITB in its entirety and Replace with Revised Drawing Sheets E-100 and E-104, attached hereto as Attachment F. III. ATTACHMENTS. ATTACHMENT A: Revised Appendix A, Bid Price Form ATTACHMENT B: Revised Section 26 56 68— Exterior Athletic Lighting— LED ATTACHMENT C: Revised Drawing Sheet LH-30 ATTACHMENT D: Lake Equipment Specifications ATTACHMENT E: Revised Drawing Sheet A-6.1 ATTACHMENT F: Revised Drawing Sheets E-100 and E-104 IV. RESPONSES TO QUESTIONS RECEIVED: Q1: Please let us know whether the Monument signs are Illuminated or non-illuminated. Al: The Monument Signs are illuminated, as specified on the landscape lighting schedule on Drawing Sheet LL-00. Q2: Can you please provide Mounting Details of the Monument Signage? A2: Monument Sign Foundations and Mounting Details are shown on Structural Drawing Sheets S-14.0 and S-14.1. Fabricator to submit shop drawings for review. Q3: Page 112 of the RFP "Exhibit_A_-_1_- BAYSHORE_PARK_BID_SET_FINAL" depicts a "DOG WASTE STATION TYP. DETAIL". Can you please clarify which sign does it refer to? A3: The dog waste station (Modern Dog Kit) is specified on the furniture schedule on sheet LL-00. Locations are shown on the Landscape Lighting and Furniture Plans on Drawing Sheets LL-01 through LL-04.The installation detail is on Drawing Sheet LL-06. Q4: Please provide specifications of the signage part of the project. A4: All custom signage details and specifications are shown in the construction drawings. Specialty fabricator(s)to submit shop drawings for review. Q5: In the Price Sheet 4 Monument Signs are required from which, according to Drawings, Quantity of"Sign Type A" per Location Plan is "1", whereas Quantity of"Sign Type B" per Location Plan are "3". However, We are unaware regarding the Counts or Scope of the "DOG PARK SIGNAGE". Is that included in the scope? If yes, Can you provide counts of the signs required? A5: Only One (1) Dog Park Sign is located at the northwest gate of the dog park. The detail is shown on Drawing Sheets LL-11 and LH-32. Please refer to Attachment A, Revised Appendix A, Bid Price Form, Line item 128. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI B E1A1 I-I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q6: Can you specify the counts of the "Restroom Signs"? A6: There are a total of two (2) restroom signs. One each for the Women's and Men's restrooms. The detail is shown on Revised Drawing Sheet A-6.1. Line item 193 — Tennis Building of Attachment A, Revised Appendix A, Bid Price Form is complete construction in place and is inclusive of the restroom signs. Q7: Appendix F file is not added in the document section for the specifications of the project, can you please upload or provide that? A7: The plans and specifications,Appendix F,were uploaded separately to PeriscopeS2G. Q8: (A) Provide route of these two undergrounds (see below layout) and clarify if all others landscape and sign lighting require one (2") conduit plus one (2") spare too. A8: (A) Generally, lighting circuits are 2-inches. Refer to Attachment F, Revised Drawings Sheet E-100 &E-104. (B) Electrical plan per below shows conduit and panel riser shows circuit for vehicle charging stations. Specifications for the charging stations not included in the specification manual. Are the charging stations by the GC or to be furnished and installed by owner vendor? !��1 r� ' P7 I a, \7�10.1m1,Q 1 g10.1�/0 C • _.. w'01-51 5 iV ' wER • ��jjQQ - as R[riPrlaL 4 2 0 rill HOUSING. le * .Q ,t;, �� • SP-4 3 1"1 1414M11�16 6 PROPOSED UTI t0.,rw Y 2-It FOR CIOR 1' TITANS,.AM r��-� TO S I.SS CNARGRiC STA 17_.,y[� CATIOLOCATgN W17»UT1 �; PUPS I'SPNE _ ; ft- --� MC W1VNGPE AR J 2''\ ® �. : 07, 1 � xf� 4r . -- (—) .. I r't 1 S� 1 ! 1C PIAlu6 NO 9b1 IORMGHOI SHALL SE TRANSFORMER CONTFIACb AND,NSTKt TC PO K PLUS Y ON LI P APPROX.20ET OF 2-5-CONDUIT �, '- - / OOIN'mWR CO. SHALL PAD ANC .�f/ - _ - ' - CONCRETE.DUCT RAALL SNAIL 7. 7^A�t"�Q IBI CADO S(R LATERAL OMHAVE MN.36-INCH COVER C JMWCROU41 S RACEWAY 1RCY HAVE FINAL LOCATIONS AAE T5il WN IDIOM ROOM. ELEVATION AmCO I l.ts a. [LIT7 1.IJ TFNNS DORMPEAL MD OWING A54N0Y FWRiR SIE➢ND NST.41 RAMC:..DIP.Of 6 • ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov or o._ o_ o = �.�� — 0 �• (SOUTH BOUND LANE) _ - -.�_ - �swA.SS LIEDNd1 R T'A L SITE PLAN L'°ELLMEM °1t Al ON—S t^"" • r = 40 I EXISTInG l4NONOLESOX WHERE POLE WAS REMOVED. RRMODE NEW CIEANCONDUC TORS FROM EXISTING Y. FROM DE TO P LEIS A FROM TORS STOP 77A ROM POLE 27 TO E AND FROM POLE N TO POLE OIAND FROM 2T TO EXISTING POLE 7L NO fNTERMEDlA1E SPLICING SE SCOPE FOR THIS DRAWING IS FOR WIRING r EXISTING LIGHT POLE BEING RELOCATED SEE 'DONS TO STREET LIGHTING LUMINAIRES. I ANDSCAPE AND RAINS S SS AWORWFRTIWJQP STRANDED ma ALSO TNWN GREEN p ANDSCAPE LIGHTING PLANS L1-09&LL 09 FOR STRANDED COMER WINES IN EXISTING CONDUIT TION AND APRON DETAILS AND LUMINAIRE SPECS CIRCUITS SNAIL BE COLOR CODED Or/WALLANON INSULATION COLOR SIGH MA TCN EXISTITA LSIRINO Cl CIVIL SHEET OEM-1 FOR DEMOLITION PLAN. • 'INTERCEPT OUSTING CIRCUIT ROUIERACEWAY NEW NEW POLE LOCATION S FIELD WIWI POLE I D NUMBERS rt APPROXIMATEL LOCATION OF EXISTING RACEWAY F s A8: (B)The City will install the conductor and equipment. Q9: Please clarify if a Fire Alarm system will be required in this project the drawings does not show information regarding it. A9: A Fire alarm system is not required. Q10: Drawings E-701 call to relocate the existing light poles, but drawings DEM-1 and E-104 show that these fixtures will be relocated under a separate permit, please clarify if this will be done by the electrical contractor or FPL. A10: General 1 Electrical Contractor is to relocate two (2) existing street light poles. Refer to the permit log. The permit has been processed with Miami- Dade County; however, the General 1 Electrical Contractor shall provide the necessary information and obtain the permit. Q11: Basis of design for the Window & Storefront system not found in the drawings. Specification section 084113 refers to the drawings for this information, however drawings does not include product. Please provide product specifications. All: Please refer to Attachment E, revised schedule on Revised Drawing Sheet A-6.1._ Q12: Under the landscaping section on the provided bid form the tree removal count states that there are fifty (50) trees to be removed but according to the sheet LT-00, Tree Disposition Schedule and my count, there are fifty-four(54) trees that need to be removed. Please advise and update the bid form accordingly. Al2: Please refer to Attachment A, Revised Appendix A, Bid Price Form. Line item 25 has been revised. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MA M I BEIA C H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q13: Per the exercise equipment manufacturer Kompan, FST10300-0801 and FST10400-0801, have been discontinued since the inception of the drawings. They have substituted those pieces with comparable alternatives. Please advise if this substitution is acceptable. A13: Kompan substitutions of FAZ601 and FAZ605 are acceptable. Please refer to Attachment A, Revised Appendix A, Bid Price Form, Line items 187 &190. Q14: The provided Bid Form-Schedule of Values does not list a line item for the new pavement marking and signage shown on sheet PGD-5, Paving, Grading, and Drainage Details 1. Please advise where this to be included on the bid form. A14: Please refer to Attachment A, Revised Appendix A, Bid Price Form, Line items 115, 116, and 116A. Q15: The provided Bid Form-Schedule of Values does not list a line item for the demolition show on DEM-1, Site Existing Conditions and General Demolition Plan. Please advise where this to be included on the bid form. A15: Please refer to Attachment A, Revised Appendix A, Bid Price Form, Line item 5. Q16: Line item 127 on the provided Bid Form — Schedule of Values states Linear Water Feature concrete steps but per LH-00, Hardscape Materials Schedule, Steps at the Linear Water Feature are to be concrete pavers (Line Item 109—Schedule of Values). Please clarify. A16: Line item 127 of Attachment A, Revised Appendix A, Bid Price Form is to cover the cost of the underlying concrete form and structural elements of the water feature steps. See line item 109 of Attachment A, Revised Appendix A, Bid Price Form for the concrete paver finish on the water feature steps. Q17: Solar Scope. What are the requirements for the solar scope of work for the tennis building? Are there specifications denoting the watts needed per panel or the system overall? A17: Refer to Specifications Section 263100 Photovoltaic Collectors. The project goal is to achieve maximum wattage from an array that fits in the available roof area indicated rather than meeting a specific wattage requirement. Q18: Sheet PGD-6, Detail 7 denotes a 3" Layer of #89 Granite Stone under the permeable pavers, can limestone be used in place due to the availability and cost of obtaining granite in this market? A18: Please refer to Attachment C, Revised Drawing Sheet LH-30 detail 9 for the specific installation of the permeable paver specified. The joint aggregate shall be 2-4 mm clean quartzite, or equal, such as rice rock or granite. The #8 stone bedding and #57 base layers can be limestone. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q19: Are we to bid the quantities shown on the provided bid form schedule of values even if we calculate differing values for the line items? A19: Contractor will bid quantities shown in Attachment A, Revised Appendix A, Bid Price Form. Q20: Can you clarify Line Item 224 on the provided Bid Form — Schedule of Values stating sheeting and shoring ordered left in place by the engineer. Is this existing or to be provided and left in place? Where is this shown on the plans? A20: The Contractor shall comply with the Florida Statutes "Trench Safety Act"; in doing so the Contractor might need to use sheeting and shoring to stabilize the pipeline trench as part of its means and methods. This item refers only to the sheeting and shoring that may be left permanently in place, as determined by the site conditions, with the approval of the Engineer of Record (EOR).The quantity shall be measured in square feet. Q21: Metalco Stone Elements for the site furnishing scope specifies ultra-high-performance concrete, can high performance concrete be used as a substitution as this will provide cost savings? A21:Yes, high-performance concrete can be used as a substitute. Q22: Please clarify if there is an anticipated start date for this project and when a notice to award is anticipated to be issued. A22: Construction is anticipated to start in Spring 2023 and a notice of intent to award is anticipated to be issued in November 2022. Q23: I noticed on the Lake Consultant set of drawings provide some information is missing regarding manufacturers, requirements, etc. for some of the water accelerator equipment specified. There is no corresponding specification section listed for this scope, all I was able to locate was for the water feature/water treatment. I am wondering if additional information can be provided for this scope of work, specifically the required equipment, as this is pertinent to the cost of the project. A23: Please refer to Attachment D, Lake Equipment Specifications. BALANCE OF PAGE LEFT INTENTIONALLY BLANK ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 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 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 your ITB submission. Sincerely, Alex Denis Procurement Director PLEASE BE REMINDED THAT THE REVISED BID PRICE FORM IS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 tv\ I t\1\/\ I B [ ,A I-.I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT A Revised Appendix A, Bid Price Form THE REVISED BID PRICE FORM IS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov REVISED 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 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 $ Indemnification of City $25.00 Permit Allowance $250,000.00 GRAND TOTAL (TOTAL BASE BID AMOUNT+INDEMNIFICATION OF CITY+PERMIT ALLOWANCE) $ ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. Unit Total Item Descri etion Quantit U / M Cost (Quantity_X_Unit_Cost) NOT APPLICABLE ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3ro Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. NOTE: See Specification 012300 for more detail on Alternates. Alternates are also flagged on the Site Plan LA-01 C. Item Description Quantity Unit of Unit Total Measure Cost (Qty x Unit Cost) 1 Removal of elevated aluminum bar 1 LS $ grating pathway under Banyan tree. 2 Removal of solar panels on tennis 1 LS $ building. Provide electrical conduit & pull boxes for future installation. 3 Replace permeable pavers in travel 1 LS $ lane of parking lot with asphalt & subbase system 4 Removal of the railings from three (3) 1 LS $ docks (NE, NW& SW docks). 5 Removal of the lake ozone equipment 1 LS $ - room. 6 Removal of the lake ozone filtration 1 LS $ system equipment. Provide electric conduit and piping for future installation. 7 Eliminate pavilion shade structure at 1 LS $ the Southwest dock. 8 Eliminate pavilion shade structure at 1 LS $east tennis/pickleball courts. 9 Eliminate the tennis/pickleball court 1 LS $ lights. Provide conduits and pull boxes for future installation. 10 Install Vitriturf in lieu of Pebbleflex 1 LS $ safety surfacing at the playground and fitness cluster. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B[ A ( H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov SCHEDULE OF VALUES Bidders should fully complete the Schedule of Values to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total BAYSHORE PARK - BID SCHEDULE OF VALUES Unit of Unit Cost Total Item Description Quantity Measure (Qty x Unit Cost) GENERAL CONDITIONS 1 General Conditions 1 LS $ $ 2 Mobilization and 1 LS $ $ Demobilization including the construction fencing 3 Bonds and 1 LS $ Insurance 4 Permit processing 1 LS $ $ including Maintenance of Traffic (MOT) and Parking plan 5 Clear & Grub, 1 LS $ $ Demolition and Erosion Control SUBTOTAL $ ENVIRONMENTAL OVERSIGHT DURING CONSTRUCTION 6 Site Environmental 1 LS $ $ Controls 7 Environmental 1 LS $ $ Monitoring And Data Collection During Construction (Water, Soil and Air) 8 Maintain existing on 1 LS $ $ site monitoring wells during construction and extend to final grade (not to include three (3) wells located in proposed lake / lake island) SUBTOTAL $ ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A v I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EARTHWORK INCLUDING LAKE 9 Excavated 1 LS $ $contaminated soil to remain on site 10 Excavated 1 LS $ $contaminated soil to be disposed off site 11 Trucking for 1 LS $ $contaminated soil disposal at approved landfill 12 Dump fees for 1 LS $ $ contaminated soil disposal at approved landfill 13 Landforms & 1 LS $ $ grading the site's impervious areas within one foot to Rough Grade (Not including soil) IMPORTED CLEAN FILL/SOIL FOR FINAL GRADING & CAPPING 14 Planting soil fill 1 LS $ $ 15 Sod blanket fill 1 LS $ $16 Sand fill 1 LS $ $17 Drainage rock & 1 LS $ $limerock base fill 18 Clean fill 1 LS $ $19 Site grading / 1 LS $ $shaping low & high areas to Finish grade (not including soil) 20 Lake Stabilization - 1 LS $ $ Sheet pile around Island & Rip Rap 21 Netting and 1 LS $ $ installation - Contaminated Soil Demarcation $SUBTOTAL LANDSCAPING 22 Existing Tree 98 EA $ $Protection ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 REACH Procurement Department M I A M I V 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 23 Tree Transplant (1 12 EA $ $ move, to final location) $ _ 24 Tree Transplant (2 16 EA $ moves, to on site nursery then final location) $ _ 25 Tree Removal 54 EA $ 26 Tree Pruning 1 LS $ $ 27 Jute Mesh (for 1 LS $ $ shrubs/groundcover s on slopes greater than 4:1) $ _ 28 Aluminum Edging 1 LS $ 29 Root barriers 1 LS $ $ 30 Tree Anchors 1 LS $ $ 31 Mulch 1 LS $ $ $ SUBTOTAL TREES (supply, install and maintain to substantial completion) 32 SWEET ACACIA 1 EA $ $ 33 BAOBAB 1 EA $ $ 34 CASHEW NUT 1 EA $ $ TREE EA $ $ 35 POND APPLE 12 36 ORCHID TREE 1 EA $ $ 37 KAPOK TREE 1 EA $ $ 38 VERAWOOD 30 EA $ $ 39 GUMBO LIMBO 14- 17 EA $ $ 16 EA $ $ 40 GUMBO LIMBO 18- 10 20 $ _ 41 PINK SHOWER 3 EA $ TREE $ _ 42 GOLDEN 1 EA $ SHOWER TREE 43 POWDERPUFF 1 EA $ $ _ TREE EA $ $ 44 YLANG YLANG 1 45 DWARF 1 EA $ $ POINCIANA ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC I-I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 46 WILD CINNAMON 3 EA $ $ - BARK 47 CASSIA 1 EA $ $ - 48 SATIN LEAF 1 EA $ $ - 49 SILK FLOSS TREE 1 EA $ $ - 50 FIDDLEWOOD 2 EA $ $ - 51 PIGEON PLUM 1 EA $ $ - 52 SILVER 10 EA $ $ - BUTTONWOOD 53 GREEN 11 EA $ $ - BUTTONWOOD 14-16 54 GREEN 1 EA $ $ - BUTTONWOOD 18-20 55 CANNON BALL 1 EA $ $ - TREE 56 ORANGE GEIGER 2 EA $ $ - TREE 57 SEA GRAPE 1 EA $ $ - 58 ROYAL 2 EA $ $ - POINCIANA 59 RED STOPPER 3 EA $ $ - 60 SHORTLEAF FIG 3 EA $ $ - 61 BLOLLY 2 EA $ $ - 62 LIGNUM VITAE, 3 EA $ $ - SPECIMEN 63 LIGNUM VITAE 5 EA $ $ - 64 DAHOON HOLLY 5 EA $ $ - 65 SAUSAGE TREE 1 EA $ $ - 66 BLACK 1 EA $ $ - IRONWOOD 67 WHITE 9 EA $ $ - MANGROVE 68 CRAPE MYRTLE 9 EA $ $ - 69 WILD TAMARIND 27 EA $ $ - 70 CUBAN 3 EA $ $ - TAMARIND 71 FALSE MASTIC 1 EA $ $ - 72 SIMPSON'S 4 EA $ $ - STOPPER ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I B EAC I-I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 73 SCREWPINE 1 EA $ $ - 74 RED BAY 1 EA $ $ - 75 ALLSPICE TREE 1 EA $ $ - 76 JAMAICAN 1 EA $ $ - DOGWOOD 77 FRANGIPANI 1 EA $ $ - 78 CHERRY LAUREL 1 EA $ $ - 79 SHAVING BRUSH 1 EA $ $ - TREE 80 SOUTHERN LIVE 14 EA $ $ - OAK 81 SOUTHERN LIVE 27 EA $ $ - OAK W/CHARACTER 82 RAIN TREE 1 EA $ $ - 83 DESERT CASSIA 1 EA $ $ - 84 BUSTIC WILLOW 1 EA $ $ - 85 PARADISE TREE 4 EA $ $ - 86 AFRICAN TULIP 1 EA $ $ - TREE 87 BAY CEDAR 1 EA $ $ - 88 WEST INDIAN 5 EA $ $ - MAHOGANY 89 YELLOW 2 EA $ $ - TRUMPET TREE 90 BALD CYPRESS 34 EA $ $ - 91 YELLOW ELDER 1 EA $ $ - SUBTOTAL $ - PALMS (supply, install and maintain to substantial completion) 92 COCONUT PALM 21 EA $ $ - 93 HURRICANE 9 EA $ $ - PALM 94 SOLITAIRE PALM 7 EA $ $ - 95 CABBAGE 136 EA $ $ - PALM ETTO 96 FLORIDA THATCH 18 EA $ $ - PALM 97 LITTORAL ZONE 1 LS $ $ - PLANTING (supply, install and maintain to substantial completion) ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 98 SHRUBS (supply, 1 LS $ $install and maintain to substantial completion) 99 GROUNDCOVERS 1 LS $ $(supply, install and maintain to substantial completion) 100 BENEFICIAL 1 LS $ $LAWN: SOD + WILDFLOWERS (supply, install and maintain to substantial completion $SUBTOTAL IRRIGATION (complete in place including all valves, heads, backflow preventer, backflow preventer case, connection to water main and water meter) 101 Landscape 1 LS $ $Irrigation (Potable Water) 102 Booster Pump, 1 LS $ $Control & Electrical $SUBTOTAL Hardscape 103 Concrete Walkway, 1 LS $ $ 4" Thick, Salt Finish with base [PEDESTRIAN CONNECTOR PATHWAYS] 104 Stabilized Crushed 1 LS $ $Coquina with base [MULTI-USE JOGGING LOOP] 105 Stabilized Crushed 1 LS $ $Coquina with base [ENTRY PLAZA, DOG PARK, BUTTERFLY GARDEN, PLAYGROUND, PATH ON SUNSET HILL] ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 106 6"x 6" Concrete 1 LS $ $ Curb on either side of Coquina Sand Path 107 Concrete Pavers at 1 LS $ $ Linear Water Feature with base [ENTRY WALK ALONG LINEAR WATER FEATURE] 108 6"x 6" Concrete 1 LS $ $ Curb along Linear Water Feature Pavers 109 Concrete Pavers on 1 LS $ $Linear Water Feature Steps 110 Concrete Pavers on 1 LS $ $Linear Water Feature Equipment Access Hatch 111 Concrete Pavers 1 LS $ $with Detectable Warning with base [BETWEEN PARKING LOT AND LINEAR WATER FEATURE] 112 Concrete Curb- 8" 1 LS $ $x 12" along pavers 113 River Rock at 1 LS $ $Bottom of Water Feature with base 114 Permeable Pavers 1 LS $ $at Parking Lot 115 Concrete Curb at 1 LS $ $ Parking Lot, Driveways and along Pine Tree Drive 116 Pavement Markings 1 LS $ $& Signage at Parking Lot and along Pine Tree Drive ( inlcuding sign and pavement marking removal) 116 Milling and 1 LS $ $A Resurfacing of Pine Tree Drive ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B EACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 117 Poured in Place 1 LS $ $Rubberized Surface with Concrete Base - Fitness Cluster 118 Poured in Place 1 LS $ $Rubberized Surface with Concrete Base - Playground 119 Poured in Place 1 LS $ $Rubberized Surface with Aggregate Base - Playground 120 Stabilized Sod at 1 LS $ $ West Emergency Access Lane $SUBTOTAL PARK FEATURES 121 Concrete Seat 1 LS $ $ - Walls (at Amphitheater, Playground & Entry Plaza) 122 Oolite Stone Slabs 1 LS $ $ (Steps into Lake on Island) 123 Limestone Caprock 1 LS $ $Boulders (at Playground and Water Feature) 124 Metal Fence (at 1 LS $ $Dog Park & Playground) 125 Polyolefin Coated 1 LS $ $ Chain Link Fence (7' ht, at South Property Boundary) 126 Webbed Net (at 1 LS $ $Southeast Dock) - 127 Linear Water 1 LS $ $Feature concrete steps (see paving for finishes) 128 Monument Signs 1 LS $ $ (4) and Dog Park Sign (1) 129 Shade 1 LS $ $Structure/Pavilion at SW Lake Dock ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC I-I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 130 Shade 1 LS $ $ Structure/Pavilion at SE Tennis Court 131 CMU Dumpster 1 EA $ $ Enclosure $ - SUBTOTAL T � L COURTS 132 Asphalt Playing 1 LS $ $ Surface with base 133 Net, Posts & 1 LS $ $ Markings 134 Fencing & Gates 1 LS $ $SUBTOTAL ELEVATED WALK 135 Bridge & Docks 1 LS $ $(includes structure below) 136 Bridge & Docks 1 LS $ $Railing 137 Boardwalk- 1 LS $ $Elevated Metal Grate at Banyan Tree (includes foundations) SUBTOTAL LARE MAINTENANCE EQUIPMENT 138 Ozone equipment& 1 LS $ $ electrical 139 CMU Ozone 1 LS $ $ enclosure structure (lake equipment enclosure at parking lot) _ 140 Lake circulation 1 LS $ $ equipment (including conduits, conductor and service point connection) $SUBTOTAL WATER FEATURE EQUIPMENT - Furnish and install 141 Equipment 1 LS $ $ ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6/44C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3ro Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 142 Electrical 1 LS $ $143 Piping 1 LS $ $SUBTOTAL SITE 144 Site Drainage 1 LS $ $ System including the R-Tanks, Pipes, Inlets, Trench Drains, Filter Fabric, Rocks complete in place 145 Drainage pipe, 1 LS $ $Control Box, Headwall and Sheet pile 146 Site Water including 1 LS $ $irrigation system and connection to the main 147 Sanitary system 1 LS $ $and connection to the main -tennis building 148 Water Fountains 1 LS $ with Cooler Plumbing $ _ SUBTOTAL SITE LIGHTING / ELECTRICAL 149 Signage Lighting 2 EA $ j $ - Type A Up lights (including wire, pull box, ground, conduits & conductors) 150 Signage Lighting 3 EA $ $ Type B Up lights (including wire, pull box, ground, conduits & conductors) 151 Parking Lot Lighting 3 EA $ $ (including foundations, wire, ground, conduits& conductors) ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEClA17BCEB7 /� I B E AC H Procurement Department M I A I V , 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 152 Pathway Lighting 45 EA $ $ (including foundations, wire, pull box, ground, conduits & conductors) $ _ 152 Airlink by LSI 1 LS $ A Industries lighting control system for Pathway Lighting EA $ $ 153 Tennis Court 8 Lighting (including foundations, wire, pull box, ground, conduits & conductors) $ _ 154 3/4" Conduit for 1 LS $ Vehicle Charging Stations (2) EA $ $ 155 Street Light 2 Relocation EA $ $ 156 Duplex Receptacle 2 WP @ Tennis Courts EA $ $ 157 Duplex Receptacle 3 WP @ Water Fountains $ _ 158 Electrical system 1 LS $ for Water Fountains with Cooler (including wire, ground, conduits & conductors) $ _ SUBTOTAL SITE FURNITURE 159 STONE FREE 3 EA $ $ SHAPE SEAT 79"X61"X20" 160 CUSTOM BENCH 1 EA $ $ 22'X8'X18" 161 MCCH 720-M 14 EA $ LOUNGE CHAIR - $ 162 BUZZ PICNIC 2 EA $ TABLE 37" DIA STEEL EA $ $ 163 STOOP BENCH 2 STEEL 81"X73"X39.5" ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID. F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 164 NEOLIVIANO 69" 5 EA $ $ - LONG BACKED BENCH 165 NEOLIVIANO 59" 8 EA $ $ - LONG BENCH WITHOUT BACK 166 MUSEUM PARK 7 EA $ $ - CUSTOM BENCH NATURAL SHELL STONE 167 FLO BIKE RACK 6 EA $ $ - 168 DRINKING WATER 2 EA $ $ - FOUNTAIN & WATER FILLER 169 DRINKING WATER 2 EA $ $ - FOUNTAIN & WATER FILLER C/C PET PET FOUNTAIN 170 PING PONG 1 EA $ $ - TABLE 171 GARBAGE CAN 16 EA $ $ - MLWR650-32-M- LBK 172 RECYCLING 16 EA $ $ - CONTAINERS 173 MODERN DOG KIT 6 EA $ $ - - DOG WASTE STATIONS $ - SUBTOTAL i PLAYGROUND EQUIPMENT (complete in place including shop drawings, permitting, freight and installation) 174 BERLINER - 1 EA $ $ - COSMOS 175 BERLINER - 1 EA $ $ - DOUBLE CLOUD 9 176 BERLINER - 1 EA $ $ - PALM ETTO SAUCER 177 BERLINER - 1 EA $ $ - SPEEDWAY 178 BERLINER - UDB - 1 EA $ $ - WHITEWATER.03 179 BERLINER - 4' - 0" 2 EA $ $ - FAST LANE SLIDES (HDPE) 180 BERLINER - 1 EA $ $ - LARGE PLAY STRUCTURE ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 181 BERLINER - UDB 1 EA $ $ ORBIT 01 182 LANDSCAPE 5 SETS $ $ STRUCTURES - TRI-HANDHOLD- HANDGRIPS (Set of 10) $ SUBTOTAL FITNESS EQUIPMENT (complete in place including shop drawings, permitting, freight and installations 183 KOMPAN - 1 EA $ $ MAGBELLD SUSPENSION TRAINERS 184 KOMPAN - STEP 1 EA $ $ 20CM 185 KOMPAN - STEP 1 EA $ $ 40CM 186 KOMPAN - STEP 1 EA $ $ 60CM 187 KOMPAN - CHEST 1 EA $ $ PRESS (FAZ601) 188 KOMPAN - CITY 1 EA $ $ BIKE 189 KOMPAN - CROSS 1 EA $ $TRAINER 190 KOMPAN - 1 EA $ $ HORIZONTAL ROW(FAZ605) 191 KOMPAN - 1 EA $ $ BALANCE STATION 192 KOMPAN - FREE 1 EA $ $STANDING SIGN $SUBTOTAL ARCHITECTURE -TENNIS BUILDING (complete in place) 193 Tennis Building 1 LS I $ $ 194 Aluminum Trellis on 1 LS $ $ Tennis Building 195 Solar Panels on 1 LS $ $ Tennis Building $SUBTOTAL TOTAL PARK AMOUNT (ITEMS 1-195) $ ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M IAMI B E AC I-•1 Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Item Description Quantity Unit of Unit Cost Total Measure (Qty x Unit Cost) WATER MAIN AND FORCE MAIN REPLACEMENT (including all labor, equipment, materials, excavation, bedding preparation, dewatering, flushing, disinfection and testing per regulatory requirements) 196 Furnishing and 1,400 LF $ $ installing 20-inch zinc coated and polywrapped (V-Bio polyethylene encasement) ductile iron pipe and fittings for water main. 197 Furnishing and 20 LF $ $ - installing 8-inch zinc coated and polywrapped (V-Bio polyethylene encasement) ductile iron pipe and fittings for water main. 198 Furnishing and 75 LF $ $installing 6-inch zinc coated and polywrapped (V-Bio polyethylene encasement) ductile iron pipe and fittings for water main. 199 Furnishing and 850 LF $ $installing 30-inch zinc coated and polywrapped (V- Bio polyethylene encasement) ductile iron pipe and fittings for sewer force main. 200 Furnishing and 3 EA $ $installing 20-inch mechanical joint butterfly valves with valve boxes for water main. ITB No. 2022-310-AY Addendum#3 1 0/1 2/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MI A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 201 Furnishing and 5 EA installing 30-inch mechanical joint plug valves with manholes for sewer force main. 202 Cut-in for 1 EA $ connection to the existing 20-inch cast iron water main at: City of Miami Beach Public Works Yard (STA 0+30±) including furnishing and installing all fittings necessary for the connection, as shown on the Plans. Cut, grout, cap and abandoning in place the existing water main. 203 Cut-in for 1 EA $ - connection to the existing 20-inch cast iron water main at: W 28th Street (STA 51+96±) including furnishing and installing all fittings necessary for the connection, as shown on the Plans. Cut, grout, cap and abandon in place the existing water main. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 204 Cut-in for 1 EA $ $ connection to the existing 8-inch ductile iron water main at: W 28th Street (STA 50+25±) including furnishing and installing all fittings necessary for the connection, as shown on the Plans. Cut, grout, cap and abandon in place the existing water main. _ 205 Cut-in for 1 EA $ $ connection to the existing 6-inch cast iron water main at: City of Miami Beach Public Works Yard (STA 20+06±) including furnishing and installing all fittings necessary for connection, as shown on the Plans. Cut, grout, cap and abandon in place the existing water main. 206 Cut-in for 1 EA $ $ connection to the existing 30-inch cast iron sewer force main at: City of Miami Beach Public Works Yard (STA 0+20±) including furnishing and installing all fittings necessary for connection, as shown on the Plans. Cut, grout, cap and abandon in place the existing force main. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 207 Cut-in for 1 EA $ $connection to the existing 30-inch cast iron sewer force main at: Scott Rakow Youth Center Parking Lot (STA 8+66±) including furnishing and installing all fittings necessary for connection, as shown on the Plans. Cut, grout, cap and abandon in place the existing force main. 208 Furnishing and 140 EA $ $ installing 20-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets (Viton, or approved equal) for the installation of 20-inch ductile iron water main in contaminated areas. 209 Furnish and 10 EA $ $ installing 8-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets (Viton, or approved equal) for the installation of 8- inch ductile iron water main in contaminated areas. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 210 Furnishing and 10 EA $ $ installing 6-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets (Viton, or approved equal) for the installation of 6- inch ductile iron water main in contaminated areas. 211 Furnishing and 85 EA $ $installing 30-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets (Viton, or approved equal) for the installation of 30-inch ductile iron sewer force main in contaminated areas. 212 Constructing Air 3 EA $ $ Release Valve Assemblies (ARVs) for water mains at the locations shown on the Plans. 213 Constructing Air 4 EA $ $Release Valve Assemblies (ARVs) for sewer force mains at the locations shown on the Plans. 214 Constructing 8-inch 15 SY $ $reinforced concrete protective slab, per City's Standard Details, in areas of low ground cover, as indicated in the Plans. Refer to City of Miami Beach Public Works Manual Detail 10-1 ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 215 Limerock base for 350 SY $ $Type "I" permanent paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works Manual Detail 14-7 216 Type "I" permanent 350 SY $ $paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works Manual Detail 10-1 217 Type "V' permanent 1,500 SY $ $paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works Manual Detail 10-1 218 Milling (nominal 1 1,500 SY $ $inch thick) and resurface the area adjacent to the excavation for permanent paving repairs 219 Replacing 1 EA $ $pavement markings damaged, removed, or obliterated by the contractor's operation 220 Concrete sidewalk 500 SF $ $ restoration to match existing 221 Concrete curb and 280 LF $ $ gutter restoration to match existing 222 Restoring sodded 55 SY $ $ area 223 Demolishing 1 EA $ $ concrete stairs and chain link fence 224 Sheeting and 9,850 LF $ $shoring ordered left in place by the Engineer ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 1\i\ I AM I B EAC I-I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 225 Trench overcut in 1- 2,400 LF $ $ - foot depth increments, for any size pipe TOTAL FM AND WM AMOUNT (ITEMS 196-225) $ - TOTAL BASE BID AMOUNT (ITEMS 1-225) $ - BALANCE OF PAGE LEFT INTENTIONALLY BLANK ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 tv'\ I t\1 V 1 I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTCHMENT B Revised Section 26 56 68 — Exterior Athletic Lighting - LED ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project Bayshore Park, Miami Beach, Florida Submittal: ITB 2022-310-AY SECTION 26 56 68—EXTERIOR ATHLETIC LIGHTING - LED PART 1 —GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes. B. The purpose of these specifications is to define the lighting system performance and design standards for Miami Beach using an LED Lighting source. The manufacturer/ contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifications. C. The sports lighting will be for the following venues: 1. (6)Tennis Courts E. The primary goals of this sports lighting project are: 1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore light levels are guaranteed to not drop below specified target values for a period of 25 years. 2. Environmental Light Control: It is the primary goal of this project to minimize spill light to adjoining properties and glare to the players, spectators and neighbors. 3. Cost of Ownership: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated for the duration of the warranty. 4. Control and Monitoring: To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system. Fields should be proactively monitored to detect luminaire outages over a 25-year life cycle. All communication and monitoring costs for 25-year period shall be included in the bid. 1.2 LIGHTING PERFORMANCE A. Illumination Levels and Design Factors: Playing surfaces shall be lit to an average target illumination level and uniformity as specified in the chart below. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Appropriate light loss factors shall be applied and submitted for the basis of design. Average illumination level shall be measured in accordance with the IESNA LM-5-04 (IESNA Guide for Photometric Measurements of Area and Sports Lighting Installations). Illumination levels shall not to drop below desired target values in accordance to IFS RP-6-15, Page 2, Maintained Average Illuminance and shall be guaranteed for the full warranty period. Average Maximum to Area of Lighting Target Minimum Grid Points Grid Spacing Illumination Uniformity Ratio Levels Tennis- Per Court 50 FC 2.0:1.0 72 7.5' x 7.5' B. Color: The lighting system shall have a minimum color temperature of 5700K and a CRI of 75. C. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better playability, minimum mounting heights shall be as described below. Higher mounting heights may be required based on photometric report and ability to ensure the top of the field angle is a minimum of 10 degrees EXTERIOR ATHLETIC LIGHTING-LED 265668- Page 1 of 8 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A178CEB7 Project: Bayshore Park, Miami Beach, Florida ITB 2022-310-AY Submittal: below horizontal. #of Poles Pole Designation Pole Height 8 T1 —T8 50' 1.3 ENVIRONMENTAL LIGHT CONTROL A. Light Control Luminaires: All luminaires shall utilize spill light and glare control devices including, but not limited to, internal shields, louvers and external shields. No symmetrical beam patterns are accepted. Lighting designs shall also meet the beam distributions standards set forth by the IES RP-6-15 in Section 5.4.1. Beam Types Figure 14: NEMA Sports Lighting Luminaire Classification. B. A technical document addressing the issue of lighting in the vertical plane above the playing surface for aerial sports while achieving desired glare control requirements will be required for approval. C. Spill Light and Glare Control: To minimize impact on adjacent properties, spill light and candela values must not exceed the following levels taken at 3 feet above grade. Tennis Lighting Vertical s,oao Candela If a manufacturer's photometric report indicates that they cannot meet this criteria, they may increase mounting heights (see below)to maintain the same impact for playability, spectator comfort and impact on the adjoining properties. This mounting height increase will be calculated by referencing the fixture photometric report and determining the angle above vertical that the fixture achieves a candela reading less than or equal to 10,000 candela. Pole heights will be increased 3.33' for every one degree above 13.0 degrees needed to achieve a candela reading of 10,000. D. Spill Scans: Spill scans must be submitted indicating the amount of horizontal and vertical footcandles along the specified lines. Light levels shall be taken at 30-foot intervals along the boundary line. Readings shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of lights. Illumination level shall be measured in accordance with the IESNA LM-5-04 after 1 hour warm up. E. The first page of a photometric report for all luminaire types proposed showing horizontal and vertical axial candle power shall be provided to demonstrate the capability of achieving the specified performance. Reports shall be certified by a qualified testing laboratory with a minimum of five years experience or by a manufacturer's laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products. A summary of the horizontal and vertical aiming angles for each luminaire shall be included with the photometric report. F. Upper Beam Definition Fixtures shall not exceed the candlepower at the specified degrees above the center of the beam in the vertical plane as specified in the following table. NEMA Classification of Candela Degrees Above the Center of the Vertical Beam Beam in the Vertical Plane 4 10,000 13.0 degrees EXTERIOR ATHLETIC LIGHTING-LED 265668 - Page 2 of 8 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project: Bayshore Park, Miami Beach, Florida Submittal: ITB 2022-310-AY PART 2— PRODUCT 2.1 SPORTS LIGHTING SYSTEM CONSTRUCTION A. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, drivers and other enclosures shall be factory assembled, aimed, wired and tested. B. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galvanized per ASTM A123. All exposed aluminum shall be powder coated with high performance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All exposed hardware and fasteners shall be stainless steel, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure. C. System Description: Lighting system shall consist of the following: 1. Galvanized steel poles and cross-arm assembly. 2. Non-approved pole technology: a. Square static cast concrete poles will not be accepted. b. Direct bury steel poles which utilize the extended portion of the steel shaft for their foundation will not be accepted due to potential for internal and external corrosive reaction to the soils and long term performance concerns. 3. Lighting systems shall use concrete foundations. See Section 2.4 for details. a. For a foundation using a pre-stressed concrete base embedded in concrete backfill the concrete shall be air-entrained and have a minimum compressive design strength at 28 days of 3,000 PSI. 3,000 PSI concrete specified for early pole erection, actual required minimum allowable concrete strength is 1,000 PSI. All piers and concrete backfill must bear on and against firm undisturbed soil. b. For anchor bolt foundations or foundations using a pre-stressed concrete base in a suspended pier or re-enforced pier design pole erection may occur after 7 days. Or after a concrete sample from the same batch achieves a certain strength. 4. Manufacturer will supply all drivers and supporting electrical equipment a. Remote drivers and supporting electrical equipment shall be mounted approximately 10 feet above grade in aluminum enclosures. The enclosures shall be touch-safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Disconnect per circuit for each pole structure will be located in the enclosure. Integral drivers are not allowed. b. Manufacturer shall provide surge protection at the pole equal to or greater than 40 kA for each line to ground (Common Mode) as recommended by IEEE C62.41.2_2002. If active cooling fans are utilized in the remote driver enclosure, then these are required to be wired for the control system to self-monitor and automatically report any failure or issue to the manufacturer and/or owner. Technical cutsheets (not illustrative) detailing this function would be a required inclusion in the mandatory pre-bid submittal detailed in Section 4. Integral drivers are not acceptable. 5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections EXTERIOR ATHLETIC LIGHTING-LED 265668 - Page 3 of 8 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project Bayshore Park, Miami Beach, Florida Submittal: ITB 2022-310-AY for fast, trouble-free installation. 6. All luminaires, visors, and cross-arm assemblies shall withstand 150 mi/h winds and maintain luminaire aiming alignment. 7. Control cabinet to provide remote on-off control, monitoring, of the lighting system. See Section 2.3 for further details. 8. Manufacturer shall provide lightning grounding as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A. a. Integrated grounding via concrete encased electrode grounding system. b. If grounding is not integrated into the structure, the manufacturer shall supply grounding electrodes, copper down conductors, and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780.The grounding electrode shall be minimum size of 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height. D. Safety: All system components shall be UL listed for the appropriate application. 2.2 ELECTRICAL A. Electric Power Requirements for the Sports Lighting Equipment: 1. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage. B. Energy Consumption: The kW consumption for the field lighting system shall be 29 KW or less 2.3 CONTROL A. Instant On/Off Capabilities: System shall provide for instant on/off of luminaires. B. Lighting contactor cabinet(s)with electrically-held contactors, constructed of NEMA Type 4 aluminum and designed for easy installation with contactors labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided. Under no circumstances shall the owner need to switch lights on /off by the use of breakers. C. Dimming: System shall provide for 3-stage dimming (high-medium-low). Dimming will be set via scheduling options (Website, app, phone, fax, email) D. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link.Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields to only having permission to execute"early off commands by phone. Scheduling tool shall be capable of setting curfew limits. Controller shall accept and store 7-day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage. E. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The EXTERIOR ATHLETIC LIGHTING-LED 265668- Page 4 of 8 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project: Bayshore Park. Miami Beach, Florida Submittal: ITB 2022-310-AY controller shall determine switch position (manual or auto) and contactor status (open or closed). F. Management Tools: Manufacturer shall provide a web-based database and dashboard tool of actual field usage and provide reports by facility and user group. Dashboard shall also show current status of luminaire outages, control operation and service. Mobile application will be provided suitable for IOS, Android and Blackberry devices. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. 1. Cumulative hours: shall be tracked to show the total hours used by the facility 2. Report hours saved by using early off and push buttons by users. G. Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring system for a period of 25 years. H. Communication with luminaire drivers: Control system shall interface with drivers in pole-mounted enclosures by means of powerline communication through the underground conductors. Control systems utilizing a wireless line-of-sight communication pathway to the luminaire drivers where power is fed directly from circuit breaker to light pole, and in which power distribution to the pole is constant regardless of on/off luminaire status--are not acceptable due to long-term performance reliability risks. 2.4 STRUCTURAL PARAMETERS A. Wind Loads: Wind loads shall be based on the 2020 Florida Building Code. Wind loads to be calculated using ASCE 7-10, an ultimate design wind speed of 175, HVHZ, and exposure category C. Designing poles per AASHTO standards is NOT allowed under the Florida Building Code. B. Engineered Foundation Drawings: Project-specific foundation drawings --- stamped by a registered professional engineer in the state of Florida --- are required per Geotech. The foundation drawings must list the moment, shear (horizontal) force. and axial (vertical) force at ground level for each pole. Building code &wind speed must be listed on the structural foundation drawings. The cost for this design shall be incorporated into the Bidder's proposal. PART 3—EXECUTION 3.1 SOIL QUALITY CONTROL A. It shall be the Contractor's responsibility to notify the Owner if soil conditions exist other than those on which the foundation design is based, or if the soil cannot be readily excavated. Contractor may issue a change order request/estimate for the Owner's approval /payment for additional costs associated with: 1. Providing engineered foundation embedment design by a registered engineer in the State of FL for soils other than specified soil conditions; 2. Additional materials required to achieve alternate foundation; 3. Excavation and removal of materials other than normal soils, such as rock; caliche, etc. 3.2 DELIVERY TIMING A. Delivery Timing Equipment On-Site: The equipment must be on-site 8-10 weeks from receipt of approved submittals and receipt of complete order information. EXTERIOR ATHLETIC LIGHTING-LED 265668 - Page 5 of 8 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project: Bayshore Park, Miami Beach, Florida ITB 2022-310-AY Submittal: 3.3 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA LM-5-04. B. Field Light Level Accountability 1. Light levels are guaranteed not to fall below the target maintained light levels for the entire warranty period of 25 years. These levels will be specifically stated as"guaranteed" on the illumination summary provided by the manufacturer. 2. The contractor/manufacturer shall be responsible for conducting initial light level testing and an additional inspection of the system, in the presence of the owner, one year from the date of commissioning of the lighting. 3. The contractor/manufacturer will be held responsible for any and all changes needed to bring these fields back to compliance for light levels and uniformities. Contractor/Manufacturer will be held responsible for any damage to the fields during these repairs. C. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles and uniformity ratios are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be required to make adjustments to meet specifications and satisfy Owner. 3.4 WARRANTY AND GUARANTEE A. 25-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years from the date of shipment. Warranty shall guarantee specified light levels. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers. B. Maintenance: Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for 25 years from the date of equipment shipment. Parts and labor shall be covered such that individual luminaire outages will be repaired when the usage of any field is materially impacted. Manufacturer is responsible for removal and replacement of failed luminaires, including all parts, labor, shipping, and equipment rental associated with maintenance. Owner agrees to check fuses in the event of a luminaire outage. EXTERIOR ATHLETIC LIGHTING-LED 265668- Page 6 of 8 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project: Bayshore Park. Miami Beach, Florida Submittal: ITB 2022-310-AY REQUIRED SUBMITTAL INFORMATION FOR ALL MANUFACTURERS (NOT PRE-APPROVED) 10 DAYS PRIOR TO BID All items listed below are mandatory, shall comply with the specification and be submitted according to pre-bid submittal requirements. Complete the Yes/No column to indicate compliance (Y)or noncompliance (N) for each item. Submit checklist below with submittal. Yes/ Tab Item Description No Letter/ Listing of all information being submitted must be included on the table of contents. List the A Checklist name of the manufacturer's local representative and his/her phone number. Signed submittal checklist to be included. B Equipment Drawing(s) showing field layouts with pole locations Layout Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x&y), Illuminance levels at grid spacing specified c. Pole height, number of fixtures per pole, horizontal and vertical aiming angles, as well On Field as luminaire information including wattage, lumens and optics C Lighting d. Height of light test meter above field surface. Design e. Summary table showing the number and spacing of grid points; average, minimum and maximum illuminance levels in foot candles (fc); uniformity including maximum to minimum ratio, coefficient of variance (CV), coefficient of utilization (CU) uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. Technical document addressing the issue of lighting in the vertical plane above the playing surface for aerial sports while achieving the desired glare control requirements. Lighting design drawing showing initial spill light levels along the boundary line (defined on Off Field bid drawings) in footcandles. Lighting design showing glare along the boundary line in D Lighting candela. Light levels shall be taken at 30-foot intervals along the boundary line. Readings Design shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of lights. Provide first page of photometric report for all luminaire types being proposed showing Photometric candela tabulations as defined by IESNA Publication LM-35-02. Photometric data shall be E Report certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years experience. No partial wattage fixture reports or ISO Polar curve reports are acceptable. Provide performance guarantee including a written commitment to undertake all corrections F Performance required to meet the performance requirements noted in these specifications at no expense Guarantee to the owner. Light levels must be guaranteed to not fall below target levels for warranty period. Pole structural calculations and foundation design showing foundation shape, depth backfill G Structural requirements, rebar and anchor bolts (if required). Pole base reaction forces shall be shown Calculations on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural engineer in the state_of FL, if required by owner.play be supplied upon award). Control & Manufacturer of the control and monitoring system shall provide written definition and H Monitoring schematics for automated control system. They will also provide ten (10) references of System customers currently using proposed system in the state of FL. Electrical Manufacturer bidding an alternate product must include a revised electrical distribution plan Distribution including changes to service entrance, panels and wire sizing, signed by a licensed Plans Electrical Engineer in the state of FL. EXTERIOR ATHLETIC LIGHTING-LED 265668- Page 7 of 8 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Project: Bayshore Park, Miami Beach, Florida ITB 2022-310-AY Submittal: Provide written warranty information including all terms and conditions. Provide ten (10) Warranty references of customers currently under specified warranty in the state of FL. Manufacturer to provide a list of 10 projects where the technology and specific fixture Project proposed for this project has been installed in the state of FL. Reference list will include K References project name, project city, installation date, and if requested, contact name and contact phone number. Complete bill of material and current brochures/cut sheets for all product being Product provided. Cut sheets shall be technical (and illustrative) and provide specific detail on fixtures, remote driver cabinets, drivers, surge protections, fusing, controls, poles and Information foundations. All certifications including UL and DLC shall be shown on the technical cut sheets. Manufacturer shall supply an expected delivery timeframe from receipt of approved M Delivery submittals and complete order information. N Non- Manufacturer shall list all items that do not comply with the specifications. If in full compliance, Compliance tab may be omitted. Document cost of ownership as defined in the specification. Identify energy costs for Cost of0 operating the luminaires. Maintenance cost for the system must be included. All costs should Ownership be based on 25 Years Environment al Light Environmental glare impact scans must be submitted showing the maximum candela from Control the field edge on a map of the surrounding area. Design EXTERIOR ATHLETIC LIGHTING-LED 265668 - Page 8 of 8 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 /\,1\ I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT C Revised Drawing Sheet LH-30 ITB No. 2022-310-AY Addendum#3 10/12/2022 y,O•VwN rwcwsno..+oARrscic MI MCAT NOTE SEE SHEET LA-01 FOR GERM SOIL MANAGEMENT AND ENGINEERING CONTROL PLAN REQUIREMENTS. rRS CONCRETE... OPoF OOTRAM R1' PRECAST CONCRETE PANE. VOIRSCONT a N SILICAenv G FACE r TN COMPACTED LAYER ,TN. MORTAR BED i CLEAN.SILICA SAND x BELOW PAVERS GRADE HARM..SCHEDULE PAVING SURFACE,SEE PUN. PUNTING FRASN «.cGNc.awwTN R'°0E RAND AGoIurBANo COMPACTED AGGREGATE w+w - +---�-s EDGERS Y. ,twlF xSELOW e.TN M�'1 rtran. VARIES SEE PLAN IIISE SEE _ -1 - b I II —III I °ffSPE. 1 1 a I I_-w 111— III III III III F 1 1 IIIn _ \�� III III-III T i11 I III III L1 III III I COOPTEOAGOM.TE •EACI EC...GRADE� _corcT®AOCREW,E BASE BASE SEE CIVIL DK IIII I CII III II III IIII I. SEEQWLOMGS EEC.MOB CO PCTE EtGR SEE PUPRINOSOL CG1•MGT®tIAORAOE MOPS Otot 3 I PEDESTRIAN PAVER EDGING,TYP. 4 I ROOT BARRIER,TYP. .. 2 I CONCRETE PATH DETAIL,TYP. I PEDESTRIAN PAVER,TYP. SCALE N.T.S. SCALESM•1'-0' SCALE:L1'•1'-0- SCALE y�-ra REOORo Wra wLAMWr ENTRANCE VISTAS. ALEAI®a. H.N.ASTONE w PERSA LIFAN®]E BASE LAVER,Y TRICK -SA,N,Oor�GONG CAR. n PelWiocw FAUN. STONE - ''�- VARIES,SEE PLAN xE MOR¢. S1EAE.Mk r THcl1 ywrLTOirr COMM. N..:HONE • b UTA dMS IF M WHERE NEEDED PER DRAINAGE PERMEABLE W,vEA MP. ` 114 ,y'q N. • _--_ — MP..PLANTING 6' SEE R...DOLE b I HI I III 111=111 1 1 I_I'1 1 1 I-III BEE PLAN.FM.OE..b I I I III—III—III—I 1 l 1 1 l l 1 l l 1 l l 1 l I i 1 1 l 1 l l 1 l l 1 l l 1 .•,o-O r PA.LOVER - �D SIDES nM �,ASHELL. *TM.STAM®COMA . BTE SEE WiERASC,EDUNE.SPE' LE MATERA eC ]ULEASPEBt — — RLA. L l TN cOWAC,EO AOREW,E BASE.SEE SPECS A,FO AGGREGATE MA. 111=III=1'1 CORPTEO'Km. SEE OM S COMPAC CONWACTED SUSGRAOE. SEEP M1i OIA�RA.. tffCIVIL CENE I STABILIZED COQUINA WALKWAY,TYP. 7 I VEHICLE STOPPER CURB,TYP. 8 I PARKING CONCRETE CURB,ELEVATION. 5 I STABILIZED COQUINA SURFACE,TYP. 6 l SCALE:W1•d SCALE SI.'•1.O scALE.s1W'•-ra SCALE:1-vr•r-0- ""=.•rn'G" t t t t-t•1e "MIMI'n.''AKLTREES OVER W®UAL•CN NRATE ROPLLE �. �. :• :• ►. .• •• ►•�:• LMEMNt. MAMIENAAnt M•MfMMM• � •MM �_ ON TURF TOR ROE EOO rots_ TAE°0.a1 WeaoNE ''•'°+''p4C4•'°II•MM'`'.t:. TO TOP I.,r OOT TO BE ABOVE MASH GRADE YNI IN SECTION. 2. .t:•t:det:•t:• 0.t»i» AM AaMCOAEN,>IG,w. BM n STONE 4Sett,.Le MMMMMfa THE TREE TRUNK i EDGING TO cLEANUNE ALUMINUM MAMMA STARE.ro I.A•PN SECTIONS TO Na. .a :•=:•t:•t:•t:•ti t:• '¢�� ICE I•,ryswl w.2 STO.MINriHCN fit►•R1.MM III.IPA rulEAAI inn X COMA TS N..]STGNE PAVING SCE.TIE NWwWALL IMS wrWiREBAR CONT. eERMARIEPAN�.,YP. et:•t::tet;.t.,t:. :. :• GPANTGE,Q SEE Wre°uuscAEouE M M M��'r M 418 M M M r LnAIc roLrETNELENE PLASHES/ OF EDG EG TO ER' wL ]tNNW. P'..N AEnRN.i� 1ST.A1GNTM wfN .,t.. .,t,.t:•t:• :•t:•t�. ROPEwTN •1R R RAINai OOM1.N GBAVELOEOGE TO LOCI( vE wr L NONPOR P. �E ttNGLPALM TREE vINGc �E S O P MWI BERM SEE MRCS.. 1.OMPACT MK. GRASSPA ��1—.■.-Y .Nv rww ADJACENT TO EOrWNc _ \ • roar OAKS LN w,uM *DEEP LAYER MULCH SErTuw. Al • 6 �� IPP F.COMP MIT MUSAND„BANG 1 \+� %\/\\�\\\\\� '1 OMOE SECTIONS rr,ON WT.. 0 UTIME REQ O RACCEBAO SA.E E ON AMI tCBGRAVELMILL \';I'/\%/\%\\4\\O\%\\/V` \•/\/•�\/\\//\/\\//''1 SLu oPunNc n t Ca'II -- n ROR.nE 1 \ `tr_'1 I ., .I /•~ORrNcoRE WT.SAND NE LL \Opp N$,/i i\\...e PRErLOCN INTO SNAP.. • SEE Pv L wuR ♦.,:T - ,.1--r T--IT--er—ti TOO NE MARC //gip\\/: �p�� ON EmNc EDGING UP HALF ROY AND FORM A CONTINUO-SCORNER coRNm • Wm.r w.Lm mOrmle rosAucm N.a waa rp•.,..... - EOsec AUE. /NOT. T RASE OF nARAEY STEEL �/ • \/ \\ • nedw.ePaA..N•NM AI-r.,n ram..r•e...eraw eWNArmo I— - SEE ACTED EMS R AMMO. `/ i%\/� . wo1N.a w.enrn.nw�rra..,+roiM P•4r mWrM 1]REGURFDI t//\\//\p0//J/',\\�i/%G .. mr,Rcum,..mm m..+r.1-w.+.nw.cm ere.REIM A MA wAPa.rbw-.r nwY EC,CN . ,.�\//\//`�\\//\//\\//`/\\//;•`/\�/\\i:�. e. Se•e+Pw'3.37 =rn•r.3t:wwW 33=,..wma..S-333313,a ASrM No.ST Ww. NOTE SEE PLAN PO]GRASS/PING TYPES __ EMERGENCY VEHICLE ACCESS OVER WAN AREAS AND AVOMTNEATER AREA. P.M PIT UK BEE SPECS PUNS FOR LOCATION ROOTBALL ANCHORING SYSTEM,TYP. ALUMINUM EDGING,TYP. 9 PERMEABLE VEHICULAR PAVER,TYP. GRASSPAVE,TYP. EA,] SIGNE*EEVG ON 12 SCALE N.T.S Er W.N SCALE N.T.S SCALE:AR 3)' .OF RECORD �....X..:ARCMTECT A Sxd-II FT:RESTS." AROSCAPE OETNLZYR SCALE.IA'=1'-0' RO 21 -REVISION] Placer. BAYSHORE PARK(FORMER PAR 3) �� Pry WN10ER AUW T NwM DESIGN a ew _ ^12.]fl, PERMIT SET.REVISION MIAMIBEACH - - MINA M .MIL R u ] PER WM1R °e �w p,.o. 2300 PINE TREE DRIVE ... ...1f11IIL. CITYMAATOR WWOWRONE.PE DRAWN SMpe , Tam PERMIT �Bao, N/A N/A ]O u�O' PROJECT MANAGER w SNECRER oAT-m PERMIT SET APPG.n T ,�.., I H-30 CAPITALIIIPILOEEEENTPooxenomen HARDSCAPE DETAILS =--- _..-- m°�" DATE REVISION • DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 f\/\ I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT D Lake Equipment Specifications ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6.47E3-ADFB-CEC1A17BCEB7 I \ \ , 7: OZONE � � . IL ri , AIR BLOWERS injection ;� -----= o airlifts i T f V \,`\ BAYSHORE PARK - MIAMI BEACH EQUIPMENT SPECIFICATIONS REV.3b Submitted 06 26 20 By: edgewater To: savinomiller DocuSign Envelope ID:F6A4C9F5-7506-47E3-ADFB-CEC1A17BCEB7 STANOMO RPIONCATIONS OZONE GENERATOR MODEL NUA•!R A20/Eaa CAOMRSIZT ER-EL,IS• 0.41 THIS IS OUR OZONE GENERATOR POWER REQUIRED HO VAC-1DY.50/EOIZ.IR,tWED ONE SYSTOALODADAO.WIMP MODAL,UP TOW —WALL MOUNT CRUNEOUTPOT NE,OW RATED AT Ti IJ,IEPITI S.I,SumArneoISOHI1M1.1AEnnwoD.COW, Ratal.DOEEOOEra AREO HOLES(4) OPERATOR INTERIM! f WAO1 TDUOISOIEEN OPERATOR INTERIM!LANGUAGES SUPPORTED ENGUSH,CRIME ]610] ( NUT MERLON am ETI/NR IGENERATWI•IS10 M OIR TER GOEuOWUMTICU.TOAD) 24.0 r, [344] .� POWERrhtTUP DE(PURE LOAD) 13.5 WNTRIXSTSTEM NC Aro ---�6>- I COOLING EOSOGr PO 101(30MU OP NIDTMI D ® c— — MR PREP DOER..CONTROLLED t PPMR•0 TMROUGOI GBRKAT011 — - • F{[ — PNFUNwTCWNTIIP QOM LOOP,NROPORAONAUt CONTROLLED SIXENPO VAVE • : • I — _ ® L— — _i DATA WOW". REMDVREI OS WA _ _ 02 MONITORING PRESSURE tCONCENTRan ON VACUUM MONITORING VAWUMl035 [947] 1 •—— - _ . — — AMOUR TEMPERATURE REOUIRORNT WE-10SY 1914] 37.3 P� vt LISTED 1139921 36.0 e I I I ' • i M II II Ng NEW RAT., IR(OZONE SYSTEM ONLY) 1222 _ — _ NV AMOR. STANPARDSP LISTED -_ -1 WARM PREVMT1PE►DETIOION INQUAIlAAROMD.IImR/Ml10 CMINET I 48.1 arms r jT1 1 [(_ STMNIBSTEEIENOUSUREIYEOWNf i11 • FOO - - 1OEAt1[DW011a CORN.VmtRWDTE s[11M6 DIAGNOSTCf E 77 rEpP1 MOVNTNG MT r . 1 Em USER INPUTS DESCRIPTIONSIGNAL TYPE C [572] 1 [914] N. 03 POWER SETTING 4.20mA ANALOG 22.5 36.0 4.20mA W/INTERNAL CLOSED LOOP PROPORTIONAL SETPOINT CONTROL r) ( 1 DISSOLVED 03 (O-SV,0-10V,0-20mA SIGNALS CAN ALSO BE ACCOMMODATED) r 2“ — 4.20mA W/INTERNAL CLOSED LOOP PROPORTIONAL SETPOI NT CONTROL _ ORP (P5V.0-10V.0-20mA SIGNALS CAN ALSO BE ACCOMMODATED) I THRS UNIT IS TO BE REPLACED WITH LIQUID OZYGEN BOTTLES. OXYGEN CONCENTRATOR I --STOP DISCRETE CONTACT (UP TO 4 UNITSWITH P-200) STANDBY DISCRETE CONTACT 7 PROCESS FLOW SWITCH DISCRETE CONTACT 1__ I I I 4X 0.3 f----]4I0) _�. I (5 FAULT RESET DISCRETE CONTACT 18.5 d3 I II . I DOSING Ill DISCRETE CONTACT DOSING I2 DISCRETE CONTACT I AMBIENT 03 DISCRETE CONTACT 1 :. MODBUS SERIAL B I 44' _I I Q LOCAL NETWORK(OPTIONAL) ETHERNET 'MM. I' ]654] USER OUTPUTS I Milli •I 268 25.8 I Ry 03 POWER SUPPLY SETTING 4.20mA ANALOG VACUUM LEVEL 4-20mA ANALOG <I ORP or DO3 LEVEL 4-20mA ANALOG ,`4U �� GI RUN INDICATOR DISCRETE DRY CONTACT _ • (�oI OH I STANDBY INDICATOR DISCRETE DRY CONTACT r COOLING AIR INTAKE Z I ©OZONE OUTLET • TUBE COMPRESSION,316SS I ]305] 4' i^ I S ©OXYGEN ' (4),CPC QUICK CONNECT,NICKEL PLATED BRASS 12.0 r 10.• C LOCAL NETWORK(OPTIONAL) ETHERNET bD I ®AI••- •POWER CONNECTIONS.IEC320 [441] I 1;'OWER INLET,1/7'FNPT 17.4 ',ANALOG INPUTS ARE PASSIVE AND REQUIRE EXTERNALLY POWERED SIGNALS m ..®GpOUWG AIR.EXNAUST. A!*OIMe4SIONE INMNCH!► —APP*OVAI1: + NW — • ERw OF DEL OZONE TITLE: A INTERFACE DRAWN' THIS DOCUMENT AND THE 0 SPEC SHEET,P-200 ID USER TOLERANCES: £WILSON 3/27/2015 DATA DISCLOSED HEREIN E L ozone_ ®NETWORK CONNECTION,ETHERNET(OPTIONAL) R• I EHGR.APR: AP; IS TPRR BE R TARY.IT IS Norr D.4r.RPE.E.NNe�1M ERww1M• ID FLOOR MOUNTING FEET(OPTIONAL) .. _.OQ ANGLES:) AIDR AID �,Mr USED.OR OTHERWISE A IMIAL RELEASE 5674 11/13/2015"" DISCLOSED IN WHOLE INTERPRET DRAWING SIZE: DWG.NO: REV. SHEET: rtKAR OR IN PART TO ANYONE PER ANSI T11.5-1994 NA CHECKED' WITHOUT WRITTEN CONSENT ZONE REV. DESCRIPTION ECN DATE wan OA APPR: FROM DEl OZONE. SCALE; 1:12 B 4-2324-02 A 1 OF 1 REVISIONS NA DO NOT SCALE DRAWING 8 l 7 I 6 5 4 3 I 2 j 1 edgewater DocuSgn Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 38 VS •gyp el s e f oa•J—`e r� j T I ii 1i ., r .r II II Tp.er-•WOW 1 a 1/4 a r 1 Va a,./a r•V. .•a/.x 15/1• lAL 4 A 1 T I '" li - r1 II J -� ® �.2!!j �' PAWL(NOG rr...rlan A a 1n��I ` m1/��qi.0 SFCTInN A-A L eH i.rat ` 0163 I i 1. 0nj '5 An la an a a,/a This cabinet houses the Ozone Generator.It provides protection and A/C to preserve the longevity of the generator. .w r .01.4iS1r.1a4005.5 0 M, .'Or dr 41.051,6r .0115311111 edgewater DocuSign Envelope ID:F8A4C9F5-75D6-47E3-ADFB-CEC1A17BCE87 SEALED ENCLOSURE COOLING AIR CONDITIONERS mot! ,ti SEALED ENCLOSURE COOLING AIR CONDITIONERS ^ly�l 1`,ant 1 ,HOFFMAN nVent I HOFFMAN SPECTRACOOL WITH ADVANCED CORROSION PROTECTION SPECTRACOOL WITH ADVANCED CORROSION PROTECTION OVERVIEW SPFL'TRACOOI Corrosion Protection Solutions provide P e industry leading corrosion crotection to components critical ro i .r,IF the performance of the air conditioner.Dar acplicanone where air conditioners are exposed to harsh.corrosive,chew•cal };- 1 elements.Hoffman utilizes sova^ced:oatl-gs to protect the critical components,extending their Lfe and optimizing the extenoed performance level c-the product. t+1 No.316 stainless steel hardware and shroud for G102 and G802 suffixed models IT I ■Level 7 protection ■L.evel 2 protection . �► '.. iv .11 1 0 L.► Condenser coil is t Thermostat gets coated for protection additional protection ■Hot AirFbw against corrosionIII 1 with a foam wrap •Ambient AirFlow over components and G57 G52 G28 1{r . . ■Cool AirFlow coatings. 20000 BTU/Hr. 8000/12000 BTU/Hr. 4000/6000 BTU/Hr. ` 5861 Watt 2300/3500 Watt 1172/1758 Watt Thermostat!hidden behind condenser! E Evaporator coil is and TXV solder joints, Owcoated for protection INDUSTRY STANDARDS • Cut-out adapter options for enclosures with GENESIS and including sensing bulb against corrosion T-Series air conditioners,enable users to easily transition to the joints,and copper are 1 UL/cUL Listed;Type 12,3R,4;4X optional;File No.SA6453 I new unit coated for corrosion CE • Dust-resistant condenser coil allows the unit to be run filterless in protection EAC most applications IP 56 Internal Loop • Cleanable,reusable aluminum mesh filter protects coils for IP 34 on External Loop maximum cooling performance All exposed copper Telcordia GR-487 capable(Outdoor) • i Mounting hardware,gaskets and user manual furnished with the unitubing is coated for • Every unit functionally tested before shipping protection against APPLICATION • Standard modelsinclude • Industrial automation -Active condensatein management with heater stri corrosion • Telecommunications equipment -Power-off relay for door switch and other system requirements • Waste water treatment systems -Telcordia GR-487 capable • Package handling equipment -Corrosion-resistant components Att solder joints are - • Security and defense systems -Malfunction switch coated for protection • Oil and gas -Compressor heater against corrosion . • Water treatment facilities -Head pressure control • Chemical manufacturing FEATURES SPECIFICATIONS • Two levels of corrosion protector. Nominal G28 4000 8l'n6000 BTU/• Hr.(1172 and 1758 W) -Level 1-Protective coatings on all exposed copper tubing and G52 8000&12000 BTU/Hr.(2344 and 3516 W) solder joints,condenser coil and thermostat. G57 20000 BTU/Hr.(5861 W) -Level 2-All protective coatings in Level 1 plus a coated . Operating temperature range from-40 F/-40 C to 131 F/55 C evaporator coil.Foam wrap added over protective coatings on thermostat. FINISH • Energy-efficient rotary compressor on most models . RAL 7035 light-gray,semi-textured powder-coat paint • R407c and R134a earth-friendly refrigerants . No.4 brushed 316 stainless steel • 115,230 and 400/460 VAC 3-phase power input on most models Other colors and textures available This mini A/C unit mounts into the generator cabinet.Comes pre-assembled. • UL Listed to save customers time and money with agency approvals NOTES • Operating temperature range from-40 F/-40 C to 131 F/55 C Visit http://hoffman.nvenlcom/en/hoffman/SPECTRA000L- Exterior and partially recessed mounting options Remote-Access-Control-472042 for more information regarding At • Attractive industrial design with minimal use of visible fasteners SPECTRACOOL Remote Access Control(RAC). • Dual condenser-side air movers for performance redundancy on G52 and G57 models Visit hops://hoffman.nvent.com/en/hoffman/thermal-management • Galvanized sheet-metal cover for rugged factory and outdoor to download 2D and 3D CAD drawings into the overall design of your environments electrical system. • Easy-mount flanges for simple installation edgewater DocuSign Envelope ID:F6A4C9F5-7506-47E3-ADFB-CEC1A17BCEB7 �I, SEALED ENCLOSURE COOUNG AIR CONDITIONERS nVentiHOFFMAN 02 SEALED ENCLOSURE COOLING AIR CONDITIONERS G28 Models 4000 BTU/Hr.115 V(1172 Watt) nc/ent.HOFFMAN 5,05 sa Performance Data G28 Models 4000/6000 BTU/Hr. 1172/1758 Watt I . 3e21 �—Izal r [+Tl Level 1 Painted Galvanized-G700 02804160700 02804266700 G280446G700 G280616G700 02806266700 02806460700 1 "10TEi Level 1 Stainless Steel 316-0102 - - 02804160102 02804260102__ 02804460102 G280616G102 0280626G102 G260646G102 1.MOUNTING GASKET SUPPLIED(NOT SHOWN) z.uNlTs. Imml Level 2 Painted Galvanized-G800 G280416G800 G280426G800 G280146G800 G280616G600 G2806266800 G280646G800 Level 2 Painted with Remote Access Control-G360• G2804166360 G280426G360 G280446G360 G2806160360 02006266360 62806460360 11.0 Level 2 Stainless Steel 316-G802 G2804160802 G280426G802 02804460802 02806160802 02806266802 028064661102 Is41 sr �.F-_ 1ss,+� - COOUNG PERFORMANCE � L� [IS] ibo31 Nominal:•' COOLINGIHEATING GIN y,5g [>t+) THERMOSTATS BTU/Hr. 4000 4000 4000 6000 6880 '] Watts 1172 1172 1172 1757 1757 /707 - uzl 1s 4n tozl I POWER At 131 F/131 F(55 C/§5 C): v 1321 1' t2t] I INLET BTU/Hr.(50/60 Hz NA/3700 4600/4900 4600/4900 6000/6400 6000/6400 5400/6000 MR OUT L W(50/60 Hz) NA/1084 1347/1435 1347/1/35 1757/1874 1757/187/ ]551/1757 ENCLOSURE ss0 �e� 5, 1 At 95 F/95 (35 C/35C): - _--- 11381 BTU/Hr.(50/60 Hz) 3300/3410 4300/4600 4324/4655 5600/6000 5600/6000 5054/5685— l Ir ;lest W(50/60 Hz) 967/1000 1260/1364 1267/1364 164//1756 1641/175t 1/81/1666 Refr 134A 2 67 2 1 /454 ..f 1 �l[l��1 Ill- bast _. 015ULM ? 14211 Operating TMaximuemperant e rature ature Range: (ounces/grams) 1312E 55 C 131 F555 C 13134A 16F�55 C 131 555 C 131 /55 C 1316F/SS C 2Bss In J01 REMOVABLE Minimum(*FPO -40 F/-40 C -40 F/-40 C -40 F/-40 C -40 F/-40 C -40 F/-40 C -40 F/-40 C 726 l HANGING Air Flow Cl 0 Static Pressure: t.w 3 151/256 189/321 189/321 189/321 189/321 1B9/321 ��I�-o oe�n;�[lIl�l(1�o�I�o:°�; IeNT TABS 6.13 Taal11111111111 1391 Internal loop 50 Hz(CFM/m 3 hr.) 284/482 291/494 291/494 291/494 291/494 291/494 ill Ill COOL External loop 50 Hz(CFM/m/Ar.) �I -IIIll �_ mil saaInternal koo 60 Hz(CFM/m3/hr.) 183/310221/375221/375221/375221/375221/375 111u( r�'/l 1�1 External 7RICA DAT60 A Hz(CFM/m3/hr.) 183/310 300/509 300/509 300/509 300/509 300/509 vil oorowAl Rated Voltage 115 230 400/4603- 115 230 400/4603- ACCESS PANEL Frequency(Hz) 50/60 50/60 50/60 50/60 50/60 50/60 I (ONLY FOR UNITS Qperatlo Ran a 4/-10% +/•10% +/-10% ♦/-10% +/-10% 4I-10% 2s4 Mil IUD WITH HEATER) Alex.Power Consum:gumption at 50/60 Hz) 465/1055 1058/1334 985/1199 1138.5/1311 1058/1334 9.5/1190 ALUMINUM INLET FKTE, ticL 13m1 Intl P (W ALUMINUM INLET FRIER ( ] 1/4-30 UNL 1111 Max.Nominal Current(A at 50/60 Hz) 10.6/10.3 4.7/5.9 1.7/1.9 10.1/11.6 4.7/5.9 1.7/1.9 MOUNTING Starting Current(A) 36.2 17.7 7.7 36.2 17.7 7.7 `® 29 MIT HOLES Agency Approvals UL/cUt Listed - id ® 0.31 [4311 1642 Eae OUTSIV 14171ACCESSO)E HODIALMETE T0ER.3BDRAN STUB .BI _ RAI 41 * *i (tug ~I:asl AI. Pa .AC OUTLINE Power Input besufpptlon Termin J Block . F 127(239 ; 2214191211 J6 ENCLOSUREIaROTECTWN 1321 1141__ r let__ _ UL Type Type 12,3R 4 Standard / - I Type 4%Stainlel s Steel Optional I CONTROLLER Basic Mechani;al Thermostat [nil14sa (24 I Description 15s1 Thermostat Location Enclosure Side o All Base Models ' 3441 Has I Beal I Factory Thermostat Setting(*HT) 80 27 NMI+ SOUND LEVEL 2i27 t421 IOW. At 1.5 Meters 68 de(A) DLO 1362': roil Ibasl (2x) I I roil ACCESSORIES ... 20.57 EASYSWAP Adaptor Plenum(GENESIS M28) Enables SPECTRACOOL to be mounted to GENESIS M28 Ar conditioner cutout ` +I Catalog Number PLM28G28 kw .5221 ) EASYSWAP Adaptor Plenum(T-Sedes T29) Enables SPECTRACOOL to be mounts to T-Series 729 a r conditioner cutout (nal 24 M, Catalog Num1er PLT29G28 [dill lml' Is11 I UNIT DIMENSIONS 1 Height(in./mm) 28.59/726.2 28.59/726.2 28.59/726.2 28.59/726.2 28.59/726.2 28 59/726 2 Width(in./mm) 17.01/432.1 17.01/432.1 17.01/432.1 17.01/432.1 17.01/432.1 17.01/432.1 1 Depth(in./mm' 11.18/284.0 10.18/258.6 10.18/258.6 10.18/258.6 10.18/258.6 10.18/258.6 lea I t I i Weight(IL/kg) 84/38 84/38 84/38 84/38 84/38 114/38 ledI1 14.60[saal II 'Units with Remote Access Control utilize a digital controller and communicate via EtherNet/IP,Prohnet,Modbus'CP/IP and SNMP rue,ethernet or rlodbus RTU over USB. **Performance values are nominal.For actual values,see performance curves. 11— 15217 II NNW. teea] Cutout Dimensions Visit www,nVent.com/HOFFMAN to download 2D and 3D CAD drawings into the overall design of your electrical system. 9 THERMAL MANAGEMENT I Spec-0122BJ SUBJECTTOCNANGEWITHOUTNOTICE NVENT.COM/HOFFMAN edgewater DocuSign Envelope ID:F6A4C9F5-75D5-47E3-ADFB-CEC1A17BCEB7 T. 1 01 ;= I •01.74, Mw i (7-7 I cn7 b� i I. 1 a of f 1 lk.. ' f • kj I i 11 --ri" --T , I of • . ;.fi`+G11 o-c Diagram of A/C mounted unit into Generator cabinet. w y , .,a 7,7,7">eaT.' edgewater DocuSign Envelope ID F6A4C9F5-7506-47E3-ADFB-CEC1A17BCEB7 6 5 4 3 2 I 1 FIND!CITY I PART/I REVI DESCRIPTION This injector allows us to inject Ozone into the water returning to Lagoon. NOTES' D .&.FITTINGS SHIPPED UNASSEMBLED. D TO BE INSTALLED BY CUSTOMER. KYNAR INJECTOR 11.7" '— #2081 111—_—I( INLET & OUTLET: .11—I1-1 2" MPT C ow O 0 • 1-1/4" x 1/2" S.S. `ii a i 1 19�C y REDUCER COUPLING I ■—!I ! 1/2" S.S. - 1/2"MPT x 5/8"TB ELBOW S.S. FITTING 1/2" S.S. 1/2" S.S. B e COUPLING NIPPLE 1/2" S.S. 1/2"FPT S.S. CHECK VALVE BALL VALVE A A AL RARCE:ae Na M INCHES APPROVALS DATE �� " '' INJECTOR > N,�: 2/14/os INDUSTRIES,,� MANIFOLD ASSEMBLY B PRODUCT RFIFOQ ECN 2724 6/16/06 DD NOT SCALE DRAWING CQED' 3425 BULLOCK LANE•SAN LUIS OBISPO•CA 93401 ASSY DRAWING LTR ZONE DESCRIPTION DATE APP w1ERVIJ D ell Ll7b A'(p PHONE: (600)676-1335 FAX: (605)541-6459 "PT REV. �REVISIONS RO. 1 Y, .mail: o31e1oea.l000n..00m SP-IU-2081-99 B 6 I 5 I 4 } 3 I 2 I 1SP—IU-2081-99 edgewater DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CECIA17BCEB7 + PENTAIR AQUATIC ECO-SYSTEMS® I CUSTOMER SERVICE/TECHNICAL SUPPORT If you have questions about ordering Pentair Aquatic Eco-Systems replacement parts and products please use the following contact information. S W E E T W AT E R° Customer Service V sit ww: Monday to cay 8 AM to 7 PM EST Visit www.pentairaes.corn Friday.8 AM to 5 PM EST REGENERATIVE SLOWER us Phone (877)347-4788 FAX. (407)886-6787 International There are(6)blowers.Each drives one of the Phone (407)886-3939 (6)air lift water accererators. FAX (407)886-4884 TABLE OF CONTENTS w` Important Warning and Safety Instructions II General Maintenance 2 I —. ,, Operation Guidelines 1 Troubleshooting Chart 2 Ir- Wiring 1 Replacement Parts 2 ,1 I �� Installation 1 Limited Warranty 2 Alb soft 1 Rotation 1 �� = Plumbing 1 \sop, • Operating Temperature 2 Nip, • ir 5wet,t ,lit i / Sweetwater®Regenerative Blowers Mode, Mae CFM CFM CFM CFM HP Phase Voltage HZ Includes Rated Starting Outlet F Duty (d IV P 00 8'Power Full Watts Hose 20- 30- 40' 50' Cord Load Pipe Amps Size Sit-A 34' 13 3 -- — 1/8 1 115 50/60 yes 2.0/115 900 1- S11-B 34- 13 3 — — 1/8 1 230 50/60 No 12/230 900 1- OPERATION AND S21-A 43- 27 19 7 — I/3 I 115 50/60 Yes 3 8/115 1.800 1- A I N T E N A N C E GUIDE S21-B 43- 27 19 7 — 1/3 1 230 50/60 No 19/230 IMO P 031-A 56- 34 28 21 16 1/2 1 115 50/60 Yes 5.6/115 2.000 1.5- S41-8 58' 70 65 53 36 1 1 230 50/60 No 4 9/230 4 000 15- I M P 0 R TA N T SAFETY INSTRUCTIONS S43- 58- 70 65 53 36 1 3 230/460 50/60 No 3 2/230 5.000 15- READ AND FOLLOW ALL INSTRUCTIONS S45- 65- 110 100 90 80 1 1 115/230 50/60 No 10.4/230 9000 2- SAVE THESE INSTRUCTIONS AB 1/2 SWEETWATER.Regenerative Bower Operation and Maintenance Guide edgewater DocuSign Envelope ID:F8A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 IMPORTANT PUMP WARNING AND SAFETY INSTRUCTIONS OPERATION GUIDELINES hi IMPORTANT NOTICE General warnings Failure to fallow these instructions can result in death,tire or electrical shock.Ensure proper mstallamon conditions are Thisguideprovides installation and o eration instructions formet and that installation clearances do not block airflow. p Code requirements fors the scwell connection nicer liom country I this product.Consult Pentair with any questions regarding to country,state to state,as well as local municipalities.Install Your equipment may be damaged it you don't install your pump according to the following instructions. this equipment. equipment in accordance with the current National Electrical Code Attention Installer:This guide contains important information about the and all applicable local codes and ordinances. installation,operation and sate use of this product This information should • Before servicing the compressor;switch OFF power to the compressor Wiring Installation(cont.) be given to the owner and/or operator of this equipment aver installation or bydisconnectingthe main circuit to the compressor. left on or near the pump.This pump is for use for aquacuhure installations Make sure the wiring is done by a qualified electrician 7. A flexible hose and hose clamps are provided on the ONLY.Do not use with any type of swimming pool,hot tub,or spa. • This appliance is not intended for use by persons(including familiar with NEMA MG2 safety standards,national electrical outlet assembly for connecting the blower to the air Attention User:This manual contains important information that will help children)of reduced physical,sensory or mental capabilities,or codes and all local safety codes.Select fuses. motor piping system.Designed for normal-sized PVC and you in operating and maintaining this product.Please retain it for future lack of experience and knowledge,unless they have been given protective switches or thermal protective switches to provide steel piping.they provide ease of installation and reference.This pump is for use for aquacuhure installations ONLY.Do not supervision or instruction concerning the use of the appliance by a protection.Fuses act as short circuit protection for the motor, vibration isolation. use with any type of swimming pool,hot tub,or spa.Wamings and safety person responsible for their safety. instructions for Pentair Aquatic Eco-Systems pumps and other related not as protection against overload.Incoming line fuses help 8. Optional recommendation for blowers larger than 1 HP. products are available at: -RISK OF ELECTRICAL SHOCK to withstand the motor's starting current.Motor starters with If using a pressure gauge to monitor blower pressure http'Mwww.pentairaes.com or call U.S.(877)347-4788•International This product must be properly grounded.Do not thermal magnetic overload or circuit breakers protect the and/or diffuser clogging,then order a gauge kit(BG00). (407)886.3939 for additional free copies of these instructions. ti • modify the plug provided in any way.If it will not fit the motor from overload or reduced voltage conditions.See drill an 11/32"hole and tap 1/8"NPT into the pipe near outlet,have the proper outlet installed by a qualified the wiring diagram(s)attached to the product for required READ AND FOLLOW ALL INSTRUCTIONS electrician.If repair or replacement of the cord or plug the blower(blower side of the bleed valve).Screw in the is necessary,do not connect the grounding wire to electrical information. lever type valve(included).Attach a length of tubing SAVE THESE INSTRUCTIONS either flat blade terminal.The green,or green with Check that the power source is correct in order to properly between the valve and the gauge.Since the gauge is This is the safety alert symbol.When you see this© symbol on your system or in this manual,look for yellow stripe,wire is the grounding wire. operate a dual-voltage motor.All dual-voltage motors are a delicate instrument,keep the valve in the off position Do NOT permanently connect this product to wiring that is in bad condition shipped from the factory wired for 115V unless otherwise and turn it on only to take pressure readings;this will one of the following signal words and be alert to or is inadequate for the requirements of this product. requested. greatly prolong the life of the gauge. the potential for personal injury. Guidelines for Product Use Rotation Warns about hazards that can cause death, Installation u.Do not pump flammable or explosive gases seriousor use in an atmosphere that contains such gases. Sweetwater'Regenerative Blowers may be mounted in From the motor side of the blower,check that the blower if iggnored personalinjury,ormajorproperty damage -Warns about hazards that may cause death, ' Operate at 32-704°F(0-40°C). any orientation that doesn't block air flow over the motor. is rotating clockwise.Proper rotation can also be checked • Protect unit from dirt,foreign material and moisture. Blocking air flow in any way can cause the product to at the inlet and outlet. Incorrectly connecting any two serious personal injury,or major property damage if ignored. • Blower most be installed with properly sized inlet(included)and overheat.Each model,unless specified,has an automatic power lines can reverse direction on blowers powered by Warns about hazards that may or rouse minor in-line filters,gauges and relief valves to protect against dirt and thermal protector that shuts the motor off if it overheats. a 3-phase motor. y overheating. The motor will restart without warning once the protector - -- - personal injury or property damage if ignored. • Protect all surrounding items and equipment ment from exhaust air.This resets itself upon cooling. q P Plumbing NOTE Indicates special instructions not related to exhaust air can become very hot. 1. Screw the air filter/muffler assembly into the inlet side hazards. of the blower(inlet and outlet are marked).Do not Remove any foreign material(burrs,chips,welding drops, Carefully read and follow all safety instructions in this manual and on overtighten.If using an inlet check valve,install it first slag, pipe cuttings, excess sealant. sand or lime) from equipment.Keep safety labels in good condition;replace if missing and then the filter assembly into the check valve. plumbing. Check motor mounting and rotation before or damaged. connecting to plumbing. Inlet and outlet ports are not Note:If your blower is equipped with an optional bleed designed to support plumbing! You will be killed or seriously blared If you don't valve assembly,please read instruction#2:otherwise, - Remove plugs from the inlet and outlet ports.Connect with follow these instructions. move to instruction#5. pipe and fittings that are the same size or larger than the 2. Screw the outlet assembly into the outlet side of the product's threaded ports.When installingtwo blowers in Do ennvt ironment nt thatcole tair explosivesucases. or use in blower.DO NOT overtighten. use plumbing that is two whole e sizes larger -an environment contains such gases. parallel, pipe 9 3. Screw the valve into the outlet assembly.The valve in diameter than that of the blower.Be sure to connect the -Protect all surrounding items from exhaust air.This exhaust air can become very hot. handle faces away from the blower. intake and exhaust plumbing to the correct inlet and outlet 4. Screw in the ceramic air bleed muffler,then adjust the ports. -Do NOT flush with kerosene or other combustible assembly to a vertical position. solvents. 5. Screw the Flex hose assembly into the blower oudet. -ELECTRICAL SHOCK HAZARD DiscELECnnectTRIC L Cl powerat the circuit breaker 6. The blower may be located on the floor,a bench,a --,s • or fuse box before installing this product.Install shelf,etc.,considering that it must be reached for filter where it will not come into contact with water or cleanings(and optional bleed valve adjustments).The other liquids and where it will be weather protected. air temperature in the blower location must not exceed .0T Electrically ground this product.Failure to follow these 104°F(40'C).If your air piping system will allow water instructions can result in death,fire or electrical shack. to siphon into the air lines when the blower is turned off (e.g.,power failure),then you should locate the blower or a portion of the main air line above the water level of your highest tank. SWEE1WATERe Regenerative Blower Operation and Maintenance Guide SWEETWATER'°Regenerative Blower Operation and Ma ntenance Guide edgeweter DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC I Al 7BCEB7 2 3 Operating Temperature Troubleshooting Chart REPLACEMENT PARTS This Sweetwater`Regenerative Blower features totally PROBLEM REASON REMEDY enclosed fan-cooled(TEFC)motor that releases heat from the surface of the motor.It should feel hot enough Increased nose. Noise absorbing loam Replace loam. to the touch that you generally won't be able to keep your is damaged. Ref# Description hand on it—this is normal for all TEFC motors.Ensure Excessive vibration. Damaged impeller. Repace impeller. 'te 1 Cover that the ambient(area around the blower)temperature Motor and/or impeller Clean motor and ;�iv 2 Stop nut remains below 104°F(40°C)and that you don't exceed are dirty. impeller peroticaly. Q `_� 3 Impeller the maximum pressure duty of the blower.If you think Ambient and exhaust Motor and/or bbwer Clean motor and \ �.�/ O you will be operating near the blowers maximum duty, t`f�lD 4 Shim Spacer(s) p gtemperatures increase. are dirty. blower periodically. \ then be sure to install a pressure gauge(see#9 under Filters are dirty. Replace filters. - 5 Retaining Ring "Installation"), �''� Decreased. inlet air Inlet ar filter is Clean or repbce nlet O ,1ti �-7 Vr 6 Foam Strong forced ventilation is often necessary for larger pressure. clogged. filter. � 111(' 0 blowers.In vacuum service the hot discharge air of larger - -� �' - 7 Muffler Extension Uncle extremely hot. Wrong wiring. Check wiring. blowers must be plumbed away to avoid overheating the 8 Motor area where the blower is located.Use a relief valve to Low voltage. Supply proper voltage. discharge excess air into the atmosphere.If the blower Inlet air filter is Clean inlet filter, t` / ti 9 External Muffler will be operated at 50"H2O(125 mbar)or higher,then clogged. Replete cartridge. �'i- _ 10 Inlet Filter+Clamp metal pipe is required for hot exhaust air. Motor enaor bower Clean motor and ••v / O / / ` ii:x: i- - 11 Clamps are dirty. blower periodically. _ 1 r 12 Flex Hose GENERAL MAINTENANCE Operatapresso ndptestall a reliefvakre , (0' ` , ., pD high of a pressure or and pressure or 5 a 4� 13 Tee,Nipple.Bleed Valve vacuum. vacuum gauge. and Silencer(optional) /• /,; !13 IootlomM Q Unusual sound. Impeller a damaged Clean or replace i/'/ Not Available —Electric rotating machinery and high-voltage or dirty. impeller. • electricity can cause serious or fatal injury if Bearing going bad. Replace bearings. improperly installed,operated or maintained. Motor overbad. Low voltage. Check power source. -Product surfaces become very hot during operation;allow them to cool before handling. Check wire size and LIMITED WARRANTY connectbns. When servicing,the blower should be de-energized and Unddces not start. Incorrect electrical Check wiring diagram, Pentair Aquatic Eco-Systems,Inc.(PAES)warrants PAES HAS MADE NO AFFIRMATION OF FACT AND disconnected from all power sources.All rotating parts connection or power ciroue fusing and circus source. capacity, that its products shall,at the time of delivery and for a HAS MADE NO PROMISE RELATING TO THE GOODS should be at a standstill.Caution should always be used period of twelve(12)months thereafter,except for filters, BEING SOLD THAT HAS CREATED OR AMOUNTED when working around your blower,as high-velocity air is Impeller is damaged. Clean or replete be free from defects in materials and workmanship; TO AN EXPRESS WARRANTY OR THAT THE GOODS entering and exiting the blower and air lines. impeller.Install proper and,if any such product shall prove to be defective in CONFORM TO ANY AFFIRMATION OR PROMISE. filtration. No lubrication is necessary as all bearings are sealed.Dirt material or workmanship under normal intended usage PAES DISCLAIMS ANY IMPLIED WARRANTY OF and dust should be kept off of the unit. Should you require service or repair parts,contact Pentair and maintenance during the warranty period,upon MERCHANTIBILITY AND FITNESS.PAES SHALL Aquatic Eco-Systems at 877-347-4788 from 8 AM to 7 PM examination by PAES or its authorized representative, NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL Always keep the air filter clean for the least amount of inlet Monday to Thursday and 8 AM to 5 PM Friday.Have your then PAES shall repair or replace,at its sole option,such DAMAGES RESULTING F ROM ANY PRODUCT air restriction.Clean the air flier by"swishing"it in soapy part and serial numbers handy,and our technical staff will defective products at its own expense;provided,however, DEFECT.THERE ARE NO WARRANTIES WHICH water.Gently rinse,then shake out excess water.Doto not lad helpyou resolve anyproblems. that the Purchaser shall be required to ship each such EXTEND BEYOND THE DESCRIPTION ON THE FACE scrub or use high-pressure air as this will separate the gladly defective product,freight prepaid.to PAES'designated HEREOF. filter fibers.You may reinstall the filter while it is still wet. facility.The warranty on products and/or components This warranty does not extend to an equipment that We recommend keeping a replacement filter on hand. not manufactured by PAES,is limited to the warranty, has been subjected to: No other routine maintenance is needed.We recommend if any,provided by the original manufacturer of said 1. Damage caused by careless handling,improper replacement of the motor bearings after three years of product or component.PAES sole warranty in regard torepackaging,or shipping. continuous operation to prevent unscheduled blower any components or products that are not manufactured repair.Your local electric motor repair shop may do this by it shall be limited to the repair or replacement of the 2. Damage due to misapplication,misuse,abuse or using bearings they should have on hand. product,as set forth herein,with the condition that the failure to properly operate equipment. Purchaser first return such defective item,freight prepaid, 3. Damage caused by improper installation or storage. to PAES'designated facility.After PAES has made an 4. Damage due to unauthorized product modifications inspection of the product,and has confirmed that there is or repairs. a defect in the manufacture of the product.a credit will be 5. Damage caused by negligence,or failure to properly issued to Purchaser's account. maintain products. 6. Accidental damage,fire,acts of God,or other circumstances outside the control of PAES. SWEETWATER•Regenenanve Bower Operation and Maintenance Guide SWEETWATER•Regenerative Blower Operation and Maintenance Outdo edgewater locuSgn Envelope ID:F6A4CBF5-75D6-47E3-ADFB-CEC1A17BCEe7 Detail Sheet ECo ICU IC ';��w Part No. S41 2395 Ap EOM.opka .Suite 100•Apopka,FL 32703 7 Ph:407-598-140'•9a.:407-B86-6787 AESOAquateEco.corn•AquaticEco.com Sound level:68/64 d8(6)max 6 60/50 Hz. mbar"H2o Normal ambient.-29 to 40°C. 140- 60 Relative humidity.0-100%noncondenaing. Environment:Clean,dust-free. 120- 50 100- 40 Product Dimensions Metric(mm)/US Imperial inches) - '6& 80 61 286 11.25 1 60- 30 o. *b! 40 20- 2° � =ii I. 0 0 20 40 60 60 100 120 CFM lip6i J;��~ 0 30 60 90 120 150 180 ma/h J - 2X 1172 NPT '� �g�-�� Flowrete 4 326 �Af 12.82 ui t� —. ..uu .9 _ 101 035 Ref. -t� 3.96 Ref. MIN I■ S 1�_1' 225 w JIIllII ��1�_ 8.86 227 8.93 2x Full R. 157 111. 254 Mounting Hole Detail(4) 6.18 Ili 10 Wiring Diagram Low voltage,single phase High voltage,single phase I�pENTAI R Black 5 I Tie together Blue P1 Line Blue P1 Line 43 95 - 2•84 Insulate 72 Brown P2 ther BrownP2 Insulate 1.68 3.75 Blame 5 Tie together Orange 3 Orange 3 Insulate White 2 e together White2395 APCPRA BLVD.,APOPRA,FL 32703•US 18771 34%-478d•INT.i4�71 886-3939 2 316 12.44 WWW.PENTAIRAES.COM Yellow 4 Line Yellow 4 Line All Pentair trademarks and logos are owned by Pentair or one of its global affiliates. enta. wm=dynsrowxt t m to tt,„n't� trademarks of Pentair Aquatic Eco-Systems and/or its,ttil ated companies in the United See mold � � names and:rands of third carries that may be used in:his document are not used'o Ind of these names and brands and Pc-dair Aquatic Eco-Systems.T:ose names and brands rr thrd parties.Because we are continuously improving o„r products and services,Pentair r Product Specifications notice.Pentar is an equal opportunity employer. Max Press. Net Wt O 2016 Pentair Aquatic Eco•Systems,Inc All rights reserved.This document is subject to Pad Motor Max Vac.RPM HP kW kg Number Specs 'H,0 mbar 'H:0 tuber 110220-240-50-1 2.850 34 85 38 95 0.8 •45 I,,,"'t, 41 18.6 S41 115208-230-60-1 3,450 48 120 52 130 1.0 .75 edgeWPter DocuSign Envelope ID:F8A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 _.-,-s. eAL:_.r":'. .1L,-1 A,iL v.. , - a. ♦ . ' i ram' ii_i4.- .4./ee .i_.M.....1.9..,-.4s 41\1�• .11li-....'�e� ✓► Sai ,�► r ,.". .ill ,�� 1 ..'f,. „- _ / a ► PENTAIR - ...;4' .� v1 .."i 4. -- .i. 1,1,1 ..,,___10 ....!„, ,,---.-'__„Al 'III - It AQUATIC ECO-SYSTEMS'" M } ! i COVVERCIA� e 1a� - AQUACULTURE ' i .�' • i � „r own, The law of physics known as the Affinity Law slates that there is a cubic PENTAIR AQUATIC ECO-SYSTEMS inePhan relationship b.rween the speed otaneleotnr motor and esPower consumption By decreasing the speed of a motor by only 10%.you 0 reap ow SPARUS°PUMP WITH CONSTANT FLOW TECHNOLOGY e.ntw� waw upm33%mr applicalonegysaw With gs conventional pumpsving the moct tor i •� � rate That your application requires Wen comrentional pumps.the motor is n j often operating at a speed that is needlessly high for the application Users under typical operating conditions.Sparus pump with Constant Flow No more closing valves to decrease flow rate or making manual 'n of conventional single speed pumps often find that their only option to Technology offers the highest water flow rate of airy high performance adjustments Simply select the Ilan rate you require and Sparus pump with is I decrease their flow rate is to penally close a valve to-t hinttte-the flow Y rate Spares with Constant Flow Technology takes that paradigm and turns pump—with Variable the lowest electricity consumption Thanks to its integrated Constant Flow constant delivers.As system conditionswr00n change.theadjust flow io !x ton its head!The intelligence built into every Spans with Constant Flow or-board Var able Frequency Drive.Spares pump with Constant At. rate remains constant Need a higher or lower flow rates Simply adjust the s w Technology means that you establish the desired hew rate and leave the Technology automatically calculates and sell-adfusls to prowde the exact desired Row rate by using the simple keypad.No metier what flow rate you a operational speed needed to deliver the exact How rate you establish As select.you ll rest assured that your desired flow rate remains constant. o tin .� v-u decision making to the pump system conditions change.Sparus pump with Constant Flow Technology 4 Spares with Constant Flo.Technology wet always operate at the aewast sell•adjusts to achieve a constant user-specified flow rate in¢result of Spares pump with Constant Fla.Technology has an intelligent on-board ",tit speed required to achieve the Technology wilt always flow pale the savings it this mugh technology is that you nachieve the absolute minimum controspeed eqer teal avows it to self-adjust to rate e the most-energy-efhaem provides is yours to keep!Sparus 160 delivers preen reliability thanko to es energy usage required to delver any given Xae rate!This nigh level of speed required to delver a constant be rate The laws of physics mean saltwater rated stainless steel internal fasteners and highly robust efficiency can save you thousands of dollars per year in pump that exponential energy sawngs can be reacted by decreasing the speed of mechanical seal Spares 160 is a self-priming pump,and e s also suitable operating costs an electric motor to the minimum speed required to do the required work for flooded-suction applications It compatible with a wide assortment of aquaculture systems and includes an oversized strainer basket end volute ___ Hp Phase V 1e 10%I FLA SF_ SFNP Sparus 160 is equipped with T internally threaded NPT suctionldacharge 348045-AC 3 1 230 16 1.32 3.95 ports for easy installation Spares pump equipped ion,. V Operates seamlessly on 50-Hz or60-Hz input power Constant Flow Technoi,.: Approximate product dimensions-23.5-Ls 11-W x 115-H One-year warranty UL778 listed.Not certified for use in svnmming pool applications -ea.-. `^ Hp Phase V tt 10%l FLA SF SPHP A 348045-00 3 I 230 1E 132 395 -r--+r+-- -------------Spares punip equipped with Constant Flow Technology. e�PENTAIR AN. a - -- Operates seamlessly on 50-Ha or 60-Hz input power ---- saltwater-rated stainless sleet intemat lesteners a ` / AQUATIC ECO-SYSTEMS' Oeersieed strainer basket and volute 2395 APOPDA BLVD,APOPKKA.FL 32703 607 886 3939 PentairAES.cum satyr. ,Wwrd:vaeeianew:n w....9 coeWMie+µ es an.awe.an waresoh Nan nann a Penne anon Ennter,*ass'an Semen en aaimor✓n an nay Pe ea..,es,nano.nen 4 manna anew. nee anM'aaesne an.nna ames WI NA..e.woiO"Kcco-swbnn in red brans a,eeee.eamrn,ninaae inn pores In a,w we ere maw nape anon.eatecauoc oa w0O...ee.a,neon M nVa io Cane sp.airaa,a rennii ev'sloe nitere r.a owe enemoat @anon PenteirAES.eom ions wean,Ae.a a c.�syr�.,in.AA.,,wsmar,. This is the 3 HP pump which drves the ozone distribution system. edgewater a >cuSlgn Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1 Al 7BCEB7 3/8"dia Holes for anchoring 0 o to pad. o 1 . • Air Intake on 4 side for air �- . / circulation as needed. Small exhaust fan forces air cooling for the blower.typ. This box size is adequate for a single blower only. The system as designed • requires 6 of these blower 0 o covers. 0 TOP VIEW 3"''Flange lip typical I. 2'-0" 3'-0„ t t 1,&,---- FRP structu ral box cover for blower.Custom Fabricated. air vent N QI - -. - _._I open air r 1 1 ventilation ; 11i 1 - 2'-0' r Anchoring Pad 42"x 30" set flush to grade. forced air out I — • forces air out to r air-lifts SIDE VIEW FRONT VIEW NTS edgewater DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 V. ,,� r.�' �' yew`, +, I n ❑ n ❑ ❑ ❑ ❑ — •7. if i i+ ''1 -' i 1 I - 1 return to lagoon water suctiion from lagoon ` ".° r ice1116, . ° , i - EQUIPMENT ROOM PLAN VIEW EQUIPMENT ROOM ELEVATION Diagrammatic equipment layout only. This room needs to be very well ventilated.Notice holes punch through concrete. Perhaps entire sides of this building structure could have adequate penetrations for air flow and light. See Architectural & Structural plans for equipment room. The Pump will go on a steel stand as indicated.The hieght to de determined by code. Shown at 36"above slab. I have not indicated the plumbing and injection manifolds,but they would attach to wall. Water suction from Lagoon could come up through slab or penetrate through exterior wall. Pressure water same as Suction Line. DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 /v\ I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT E Revised Drawing Sheet A-6.1 ITB No. 2022-310-AY Addendum#3 10/12/2022 DOOR SCHEDULE f J PLUMBING FIXTURE SCHEDULE SIZE DOOR FRAME REFERENCE DESCRIPTION MANUFACTURER MODEL NUMBER FINISH REMARKS MARK LOCATION WIDTH HEIGHT THKNS MATERIAL FINISH TYPE MATERIAL FINISH HARDVWRI MANUFACTURER REMARKS PFX-01 TOILET/FLUSHOMETER SLOAN SLOAN ST-21X8I SOUR 8111.1.1-OR IMAM POUSHED CHROME FLOOR MOUNT L5 IMPACT RESISTANT ASO GALS.W/FACTORY PFXV! SINK BRADLEY VERGE-LVSDI TIC WALL-MOUNT CD OFFICE 6r 0-0- 0.1.75- METAL PAINT A METAL PAINT 1 ES9000 NOA 16-0319.1:41 APPLIED POWDER COAT FINISH COLOR:SILVER PFX-03 FAUCET BRADLEY 0S700 .POUSHED CHROME SINK MOUNT IMPACT RESISTANT A50 GALV.WFACTORV PFX-04 URINAU FLUSHOMETER SLOAN WEUS-1000.1401/SOLIS 8111-1.1-OR MITE/POLISHED CHROME WALL-MOUNT ® STORAGE 6r 6r 0-1.7r METAL PAINT B METAL PAINT 2 NEXT DOOR COMPANY/NOD 20-0610.03 APPLIED POWDER COAT FINISH COLOR:SILVER PF%-05 DRINKING FOUNIAIWBTL.FILL M.D.F,INC. 10145-18 SASS STAINLESS bTEEUCHROME PEDESTAL BEST ROLLING DOORS INC.,MODEL IMPACT RESISTANT A60 GALV.WFACTORY APPLIED PFX-06 TROUGH SINK SLOAN AER-DEK A84000 TIC W DRYER.SOAP6 FAUCET ® RESTROOMS 100- 6r 0506 METAL PAINT C METAL - 3 S1085BS STEEL ROLL UP DOOR/ POWDER COAT FINISH COLOR'.SILVER.ROLL UP MOTOR ROA16-1015.15 TO HAVE A PROTECTIVE TAMPER PROOF COVER BATHROOM ACCESSORY SCHEDULE ® STORAGE 747 74F 0-1.70 METAL PAINT D METAL PAINT 2 NEXT DOOR COMPANY/NOA 20 610.03 MAPPLIEDPACT RESISTPOWDEANTR ACOAT FI8 TGANISH LV.WCOLOTACTR.ORYSILVER REFERENCE DESCRIPTION MANUFACTURER MODEL NUMBER REMARKS BA.O1 MIRROR-2413T-ADA STALL BOBRICK B-2902436 WALL MOUNT ® ELEC.ROOM 7r Tr 0.1.75 METAL PAINT D METAL PAINT I NEXT DOOR COMPANYMOA 206510.03 IMPACT APPLIED RESISTANTPOWDER AVE GALV.WTFACTORY BAD NAND DRYER XLERATOR XL-SB BRUSHED STAINLESS STEEL FINISH•MALL MOUNT COAT FINISH COLOR:SILVER BA-03 NOT IN USE NOT IN USE NOT IN USE NOT N USE ® MECH.ROOM 7-0- Tr 0.1.74 METAL PAINT D METAL PAINT 1 NEXT DOOR COMPANYINOA 20-BB10.W IMPACT RESISTANT AVE GALV.WFACTORY BA.04 BABY CHANGING STATION KOALA KARE KI200-01 WALL MOUNT•GREY APPLIED POWDER COAT FINISH COLOR.SILVER BAD GRAB BARS BOBRICK 54806 *4MOIINT 07 JAN.CLOSET 7r Tr 04.717 METAL PAINT D METAL PAINT 1 NEXT DOORCOMPANYINOA 200S10.03 MPACTRESISTANTA0130T V.WFACTORV BA-06 SOAP DISPENSER BOBRICK 62013 MOONY APPLIED POWDER COAT FINISH COLOR:SILVER BA-07 NOT IN USE DO AN.CLOSET 747 TO 0•I.7S METAL PAINT D METAL PAINT I NEXT DOOR COA4PANVNOA 201910.03 IMPACT RESISTANTAW('ACV.WFACTORY BA-08 TOILET TISSUE DISPENSER BOBRICK B2862 SURFACE MOUNTED APPLIED POWDER COAT FINISH COLOR:SILVER BA-CB FEMININE NAPKIN DISPOSAL BOBRICK B-270 SURFACE MOUNTED ® OZONE EQUIP 7r Tr 0.1.75 METAL PAINT E METAL PAINT 1 NEXT DOOR COMPANYINOA 20-0910.03 MAPPLIEDPACT RESISTANTPOWDER ABOCOATFI GANISLV.H LOWCOLOR.SIL.DOOR WVERFACTORY BA-+0 TOILET PARTITIONS BOBRICK 10 W 801 BC SOLID COLOR REINFORCED COMPOSRE BA-11 URINAL SCREEN BOBRICK IMRI SC03 SOLID COLOR REINFORCED COMPOSITE BA-12 CLOTHES HOOK BOBRICK 8233 WALL MOUNT DOOR TYPES HARDWARE SET BA-13 NOT IN USE NOT INURE NOT IN USE NOT INUSE HARDWARE SET I HARDWARE SET 2 BA-14 NOT IN USE NOT IN USE NOT IN USE NOT IN USE • t ; t* v.,v., ;r r •r 4 EACH HINGES 35SHB 4.5X4.5 NPR 630 B HINGES 35SHB 4.5%45 NPR 630 I rr I EACH MORTISE LOCKSET MR115XBSJS 6301 EACH AUTOMATIC FLUSH BOLT 93201 626 FINISHES SCHEDULE(NOTE ALL IW9MOREGAHEB SHALL carer RATH FF.1e,-TE.e.AL INTERIOR FINI611EA MALL COMP,wIiH FMB CHAPTER. Rill. 1 EACH CLOSER 5101 BC-SCS SNB AL I EACH MORTISE LOCKS ET MR115XBSJS 530 REFERENCE DESCRIPTION MANUFACTURER MODEL NUMBER REMARKS 1 EACH FLOOR STOP 233 1 EACH CLOSER 5101BCSCS SNB AL EP-01 EPDXY FLOOR FINISH DUR-A-FLEX HYBRID-FLEX AC SAHARA MICRO CHIP COLOR BLEND F . 1 SADDLE 51] 1 SET DOOR GASKETING 50508 EP-02 EPDXY WALL FINISH DURiA-FLEX OUR-.-WALL HP COLOR TIC 1 EACH DOOR BOTTOM S2NJA 1 PAIR SPLIT ASTRAGAL 6115A OT-01 QUARRY FLOOR TILE•6 03" DALTILE ARID GRAY-0042 W COVE BASE_ t g 1 EACH THRESHOLD6S6SAPT-01 WATER BASED CATALYZED EPDXY SHERWIN WLLIAMS673-360 EGG SHELL FINISW COLOR TIC BY ARCNRECT HARDWARE SET 3 MANUFACTURERS USED RP-01 RESIN-BASED COATING LINETEC KYNAR 70%PVDF COLOR TIC BY ARCHITECT 1 EACH SLIDERAS REQUIRED HINGES:POO MANUFACTURING CO. C0NO1 CIP CONCRETEW RIBBING FORM WORK SCOTT SYSTEM TRAPEZOID 1-/IT CIFEP 6-O.C.W GRAFFITI RESISTANT SEALER _ ,BALANCE OF HARDWARE BY DOOR LOCKS,CYUNDERS POO MANUFACTURING CO. MANUFACTURER CLOSERS.PDQ MANUFACTURING CO. ROOM FINISH SCHEDULE CID r QD CID 66-132 01> ARCHITECTURAL TRIM POO MANUFACTURING TYPE A TYPE 6 TYPE C TYPED TYPE E CO THRESHOLDS,SADDLES.DOOR GASKETWC ROOM NUMBER DESCRIPTION FLOOR BASE(UP TO 1'47) VISUNSCOAT(UP TO 5'-01 WALL CEILING CEILING HEIGHT NATIONAL GUARD PRODUCTS 001 RESTROOMS EP-01 EP-01 EP-02 PT-01 PT-01 10r 0132 OFFICE QT-01 -OT-01 WA PT-01 PT-01 10-0- CO3 STORAGE EP-01 EP-01 WA PT-01 PT-01 10.0 _. 004 JANITORS CLOSET EP-01 EP-01 WA ►T-01 PT-01 10-0- DOOR/. ALL R6ATED wos SHAG HANE SELF CLOSING ANO LATCHINO HARDWARE INANE E98rANT FLUSHDOMMERCAL STEEL COON IOPA S COAT Fl ISN.SEE MOTES ON TINS PAGE 005 MECHANICAL ROOM EP-01 EP-01 WA PT-01 P7-01 1047 2. ALL DOUBLE DOC.SHALL HAVE AN ASTRIGAL AND GoORMNATOR 005 ELECTRICAL ROOM EP-01 EP-01 WA PT-01 PL-0I 104" 3. ALL EGT DOORS sHALL SMOG IN THE DIRECTION OE.RESS TRAVEL wL ury o8 wArwwB ER KEY EYEW.A,WALE ON S,LE ANOALL STEEL H.,DOOR ONTERaw.PONDER GOAT FINISH.SEE NOTES ON THIN PAGEOuTSIDE AND...CT.DOOR ViGICH CANNOT RE OPENED BATHROOM SIGNAGE AGA sioraNDE NOT. [500550105 NUMERALS ARE TO BE EV OR SFECIAL KNw&SGE TO OPEN FOR EGRESS A.wwdwgE w5C1UGE MDR NEarn Y11r 4ITEI;-.Na PLATE.000R ClnErwLCNaAP.ITwEn Ew.l. TAPPER CASE SANS SERIE oR GAVLE.Ric AT EAST j.1. WS T INCHES �. ALL IOLT�ENE D00�s005T L0000IRE 0 005GIBarIDN ANIrRDNOVAS OF OPERATION arARD/NREw6CF4A0E MORN.LOCK.116.HY49IHIr6Aa an1SA5R4T.aWAeI»ReI I_ nM INSTALLED TIGRO illy LEI.TA AT AR gEsr�a6 D�CE6 MOAN slow AND SEALED C-NODLATio NS A.AC. WINDOW AND LOUVER SCHEDULE A V 2' Vet... LIQ� A6 NDTF R mA A�A S ASSEMBLY GLASS TYPE FRAME TYPE _ Y.IA F AP,. MA �Tm Arm ELEV5RSIIEAAFCA ARCHITECT PRA. ATIO Ns MARK WINDOW USE WIOTH HEIGHT THINS. FINISH TYPE TMKN6. MATERIAL FINISH TANNIN. MFR. REMARKS E • • ffirLN 6NO µL EGOEB SHALL HAVE ATTEbMOF A.ACOS H INcH FIN.. IAGS 0 I ........... PROVIDE�� wrRoASTN LA AT OSO FITTINGS THE 00T Rico E.ACV CALCLAATO.PROADEO ON SHE-, SLIDING 16r SS OT TINTED IMPACT O.1.7r ALUMINUM MILL OT ES P252/NOA 201116.04 SLIDING WINDOW FINISH COLOR.SILVER•KYNAR 70%PVDF Q SLIDING 6r S2- OS- TINTED IMPACT 0.1.75- ALUMINUM MILL Or ES P252/NOA 204116.04 BUDINGWINDOW FINISH COLOR:SILVER-KYNAR 70%PVDF AL STUD AT ALL AESTROOMMMUS 0/',� / FIXED 7-T 6r Or TINTED IMPACT 0-+.7T ALUMINUM MILL 0r ESP25vNGA204116.04 FOKED WINDOW FINISH COLOR:SILVER-KYNAR70%PVOF WINDOW AND LOUVER TYPES (') FIXED I 1'4. - Or FROSTED IMPACT 04.7r ALUMINUM MILL Or ES P252/110A20.1110.04 FIXED ROUND WINDOW FINISH COLOR.SILVER-KYNAR 70%PVOF la, } '•� T L_- O FOOD 01'r - Or FROSTED IMPACT 0-1.7T ALUMINUM MILL Or ES P252INOA A1116.04 FIXED ROUND WINDOW FINISH COLOR SILVERaKYAR 70%PVDF 4rt __ I tr 0FIXED •+'r - Or_ IMPACTFROSTED PACT 0-1.75 ALUMINUM MILL Or ES P252/NOA 20++16D WI 4 FIXED ROUND NDOW FINISH COLOR.SILVER40/NAR 70%PVDF Q' FIXED •1LT - OT FROSTED IMPACT 0-1.75- ALUMINUM MILL O T ES P252/NOA M4116.04 FIXED ROUND WINDOW FINISH COLOR:SILVER•KYNAR 70%PVDF r' - N t O FIXED •1'r - OT FROSTED IMPACT 0.1.7T ALUMINUM MILL Or ES P252/NOA 201110.04 FIXED ROUND WINDOW FINISH COLOR:SILVERaKYNAR 70%PVDF$ t I O FIXED •1'r - Or FROSTED IMPACT 0.4.7T ALUMINUM MILL O T ES P257/NOA 204116.04 FIXED ROUND WINDOW FINISH COLOR.SILVER4(VNAR 70%PVDF A- Y O FIXED 747 Sr Or FROSTED IMPACT0.1.7T ALUMINUM MILL Or ES P257/NOA 2134116.04 FIXED WINDOW FINISH COLOR:SILVER-KYNAR 70%PVDF ` O FIXED 7r Sr Or FROSTED IMPACT0-1.75' ALUMINUM MILL OT ES P257/NOAA1116.04 FIXED WINDOW FINISH COLOR:SILVER-KYWAR 70%PVDF O 0 O ea FIXED 7rSr O ST FROSTED IMPACT .7S ALUMINUM MILL Or ES P257/SK7Affi11/6AA FIXED WINDOW FINISH COLOR:SILVER-KVNAR 70%PVDF I O FIXED 747 Sr OT FROSTED IMPACT 0-1.75 ALUMINUM MILL Or ES P252I14OA 20.1116.04 FIXED WINDOW FINISH COLOR.SILVER-KY/MR 70%PVOF is. ••Y rs ra O LOUVERS 747 S/7 - - - ALUMINUM - - CS SYSTEMSN0A 166415.10 FIXED LOUVERS FINISH COLOR:SILVER-KYNAR 70%PVOF tr T �t T T t 1 Q LOUVERS 7r Sr - - ALUMINUM - - CS SYSTEMSNW 16-0410.10 FIXED LOWERS FINISH COLOR:SILVER4KYNAR 70%PROF O LOUVERS 7r Sr - - - • ALUMINUM - - CS SYSTEMSNOA 1%0418.10 FIXED LOUVERS FINISH COLOR:SILVER-KYNAR 70%PVDF w r 3 I Q LOUVERS 7r Sr - - - - ALUMINUM • - CS BYSTEMSNDA 1643418.10 FIXED LOUVERS FINISH COLOR:SILVER.KYNAR 70%PVOF O LOUVERS 6r 6r - - - - ALUMINUM - - CS SYSTEMS/NOA 160415.10 FIXED LOUVERS FINISH COLOR:SILVER4(VNAR 70%PVDF O O O O r O ® 0 0 CONTROL PL. O LOUVERS 6r 6r - - - - ALUMINUM - - CS SYSTEMSNOA 16-0418.10 FIXED LOWERS FINISH COLOR:SILVER-KYNAR 70%PROOF REG.E..NTS 1041-]] ND SET REVISION MIAMI BEACH PIOKO: BAYSHORE PARK(FORMER PAR 3) ARCHITECT DE RECORD M0�ARCHITECT Of RECORD gzu-ES PER.,SE/-REVISIONI 10SOPS BON-- +rr+- 50-RR+rH SUMS -•f. CITY MANAGER AHIN1ASNOAK DESIGN ARCHITECT vA OE-/RAT PERMIT SET.AOL/SlOGA 6L NFs 2300 PINE TREE DRIVE WAI .an-Itlr OP°RECTOR DAVIDMARTINEZ..P.E. OR..RV V.O. j�SSsss IT SET REVISIONI filtrAN ,N CAPITAL IM apnea"mu' ___ .-�-. CHECKER RAl K e-10A 0.01-20 PRMIT SET .REW61ou, F.Bw.T N/A N/A ACT , 2D,UOs]Y in.FOAO,.nvExuE RAnA.FACH G.G. .�Ti its� PIpJFLT MANAGER WIN 6ANAa.P E. SCALE Agro1]AE NO. DATE PEVIBA. APPD.AT DMA 060740 SNAG a.rne DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 /v\ I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT F Revised Drawing Sheets E-100 and E-104 'TB No. 2022-310-AY Addendum#3 10/12/2022 r--- ---1- I _ y _ i / -1 ....---,3.-,-----,-,... rodr•i4:3 .,),...e,„.„.•. A . , " I E.E ��M / ,.,•I it j ( l�/.;.. IT r / �-/ \ 1 rN rr"N.MOM s Al nd wli r NA oNBrn p� `• MN Mc COMGD�uEB mItEE MD nM•sR.i r I RI WIEN V .401 t- -----i Jj / ! I «.uR R NM .. MINN L- -- 8----______I i I 2\j/v/.•• . • • ,,N4FTFT!-- �_ o P a� A )il A.' I. 1 I ' wo, 3 I1r°�u 0!satm E� wN �Ow Fy ¢\� IAl NOTES 11 ZR a'>tAA a.ql o.y 1-4:4 IFE OR VAN OFFNM ANO MEG C BNDAL s' \�•z,ai►% '/ I l i'• GMIS 1ERED SL.'"OCENDI A:.`TO EACH mNE."``"0Ca°F,,;tAS w..N1.�N 4 I I Y �,0. o � /�� .'!� ii I MOM*AM CALLED CR DODGE SPECIMALLY CALLED FOR VutD n n MX. I • / E RT..R.,r GA.ID. 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UV" DIWIETIL�L CT SENK N C K.0 1 YYKRIAWO PEN.4TM.L ma 1 COONW NE W.31-GTONS Ns TT \; / MA ELECTRIC ACCIA USCATONS I rWY FILVOI.M PEPIESENTET E -- .-� IE,1(I! 7 lig ' UM.NO SPX-A MIACD(^^6 1 I o - / ,10t EOMhi OSPOCIDB MIN.,P 02II 71 _ ��• I g till NW Ell Iji I ,`n Z 116-1 - """mr 113 X NI o w. 6 a i i rj uLii ` ,„,,,, /`/ I 1 4. u I o �p ® KEV F.$ ' `1.i }�}� • J" o sC�EE. 1•=7P-0- NdiTH y 1r OSa.-v PERMIT aE,:REHNDNs -Pr NNI.loots.m_slaTl-wo-101-Tm-1oY1a-1Eso.G •..y O= L_L� - _ uOF RECO. s 142 PERMIT BET-REN.ON] BAYSHORE PARK(FORMER PAR 3) �� p Y N.NxOER rNR 1.YORKEI MOP A l m-iSa. PERMIT aET R M90I1+ M+R•NN^n F.oEcr: / w.,�D9. MI AMI BEACH 2soo PINE TREE DRIVE �a M- MR Q,PE DRMNNBR r my '.IoaD PETseTREEMaON+ �� -WO-- E-10 tiapiplay*Ipt CIP DIRECTOR DAM OR 11 •S INP x T L N E F M Y OE-01 ESE'.T SET pw•D E-104 OFFIC!Off' •yyTi•-'8i PROXiT NNAOER PEA.xNRp,PE. 9aLE BC10WN PEI�FLTwRO9L ENGINEW ®GTE NTD.II Ws WL090 .IRt o CAPITAL!1•.e.. E.,. ,n. ELECTRICAL SITE PARTIAL PUN DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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. 2022-310-AY BAYSHORE PARK(the "ITB") September 20, 2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED: Q1: What site plan flags the deductive alternates? Alternates are not flagged on the Site Plan LA-01. Al: The deductive alternates are flagged on the Site Plan LA-01C. Q2: The retainage language in Article 5, section 5.2 of the General Terms and Conditions for Construction has the incorrect percentage. A2: Correct, 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. Q3: Can the following requirement be obtained if the prime is utilizing a subcontractor of the prime submitter? 2. Previous Experience of Bidder (Firm and/or its principal). Bidder and/or its principal must have constructed a minimum of three(3)projects of similar scope 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, a playground/athletic facility, landscaping, hardscape, irrigation, lighting, and building construction with a construction cost of at least$8 million. A3: No, the experience requirement referenced above can only be met by the Bidder (Firm) and/or its principal(s). Q4: What is the construction timeline, including start date and substantial completion? A4: The estimated construction start day will be provided through the NTP#2. The goal is to start construction in Spring 2023. Substantial Completion shall be achieved 660 days later as depicted in the ITB "contract time and schedule". Q5: What is the budget for the playground equipment in this project? A5: The project does not have a specific budget for each line item, in this case the playground equipment. The total project budget is $27 M. The requirements of the playground equipment are identified in the bid documents. ITB No. 2022-310-AY Addendum#2 9/20/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 BEACH Procurement Department M I A M I 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q6: Lake Stabilization Plan in"Bid Set"of drawings shows the island is constructed with steel sheet piling while the same drawing in the Site Assessment Report shows the island is constructed with Scourlok. Please advise which system should be considered. If steel sheet piling is to be used please confirm there is no concrete cap (not shown in details). A6: The steel sheet pile shown on the Bid Set drawing is the correct product. There is NO concrete pile cap. Q7: Are LED lights required? A7: Yes, LED lights, are required as shown on the lighting schedules on sheets LL-00 and A- 1.3. Any questions regarding thiAddendum ho submitted uI writing to theProcurement Myna tD me nt to the attention of theindividual named below, with ooClerk'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 your ITB submission. Sincerely, (/ Alex Denis Procurement Director ITB No. 2022-310-AY Addendum#2 9/20/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I AM I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2022-310-AY BAYSHORE PARK(the "ITB") August 31, 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-Proposal 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 RafaelGranadoia7miamibeachfl.qov 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 No. 2022-310-AY Addendum#1 8/31/2022 DocuSign Envelope ID'.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M L BEAC H Procurement Department M i A1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT A Pre-Proposal Sign-in Sheet ITB No. 2022-310-AY Addendum#1 8/31/2022 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET DATE: Tuesday,August 30,2022 TIME:2:00PM BID NO.AND TITLE:ITB 2022-310-AY BAYSHORE PARK NATALIA DELGADO CONTRACTING OFFICER NATALIADELGADO@MIAMIBEACHFL.GOV 305-673-7000 X26263 MINA SAMADI SENIOR CAPITAL PROJECTS COORDINATOR MINASAMADI@MIAMIBEACHFL.GOV 305-673-7071 MARIANA EVORA ASSISTANT DIRECTOR CMB MARIANAEVORA@MIAMIBEACHFL.GOV 305-673-7000 X26180 MARIA CERNA DAVID GOMEZ PILAR CAURIN CAPITAL PROJECTS COORDINATOR PILARCAURIN@MIAMIBEACHFLGOV 305-673-7000 X26954 JILL PRESS CONSULTANT CMB Office of Inspector General .1111PresA@rmamibeachfl.gov 305-458-6339 HAMIL ANDRADE RIC-MAN INTERNATIONAL,INC. hamilla@ric-man.us 954-426-1042 NICOLE POTTER ENGINEER 1 KIEWIT NICOLE.POTTER@KIEWIT.COM (954)233-1002 KENNETH BAER ESTIMATOR CENTRAL CIVIL kbaer@centralcivil.com 305 888 3344 ELIZABETH PENATE REBECA INCLAN PAINTING AND WATERPROOFING,CORP. info@inclanpainting.net (786)293-7428 MATT ROTHAN Edgewater Exhibits LLC mrothan@edgewaterexhibits.com 305 801 0596 JENNIFER JAIKISSOON BRIGHTVIEW Jennifer.Jaikissoon@briahtview.com 305 213 1964 ARIEL CABALLERO ASSISTANT BRANCH MANAGER ARIEL.CABALLERO@BRIGHTVIEW.COM 305-258-8011 RYAN BURKE ESTIMATOR BURKE CONSTRUCTION GROUP,INC. rburke@bcginc.net 305.468.6604 SEBASTIAN LOOR MCM sloor@mcm-us.com 305-541-0000 LLETTYS HERNANDEZ PROJECT MANAGER Maestre Construction Ihernandez@maestreconstruction.com 305-557-4440 KELLY HITZING SENIOR ASSOCIATE Kelly@savinomiller.com BARRY MILLER SAVINO AND MILLER DESIGN STUDIO 305.895.9082 ADRIANA SAVINO CRAIG CLEVENGER GALLAGHER BASSETT TECHNICAL SERVICES ronansanken@icloud.com CARLOS WONG cwomz@williamlane.com WILLIAM LANE WILLIAM LANE ARCHITECT,INC. wlane@williamlane.com (305)865-7830 Ana Dvorak 300 ENGINEERING acdvorak@300enwineering.com FERNANDO MARTINEZ DOUGLAS WOOD ASSOCIATES,INC. fmartinez@dourdaswood.biz GUS MENDONZA SR.ESTIMATOR GUMENDOZA@LEMARTEC.COM 305-273-8676 YVETTE CALAS LEMARTEC CORPORATION ycalas@lemartec.com PETER ALONSO palonso@LEMARTEC.COM DocuSign Envelope ID. F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT B Site Visit Sign-in Sheet ITB No. 2022-310-AY Addendum#1 8/31/2022 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 MIAMI BEACH CITY OF MIAMI BEACH SITE VISIT SIGN-IN SHEET DATE: Tuesday,August 30,2022 TIME:9:30AM BID NO.AND TITLE:ITB 2022-310-AY BAYSHORE PARK COMPANY Email NATALIA DELGADO CONTRACTING OFFICER NATALIADELGADO@ MIAMI BEACHFL.GC 305-673-7000 X26263 MINA SAMADI SENIOR CAPITAL PROJECTS COORDINATOR CMB MINASAMADI@ MIAMIBEACHFL.GOV 305-673-7071 MARIANA EVORA ASSISTANT DIRECTOR MARIANAEVORA@MIAMIBEACHFL.GO'305-673-7000 X26180 PILAR CAURIN CAPITAL PROJECTS COORDINATOR PILARCAURIN@MIAMIBEACHFL.GOV 305-673-7000 X26954 JEFF SHIMONSKI ISA CERTIFIED ARBORIST MUNICIPAL SPECIALIST TROPICAL DESIGNS OF FLORIDA,INC. JEFF@TROPICALARBORICULTURE.COM 305-773-9406 ARIEL CABALLERO ASSISTANT BRANCH MANAGER BRIGHTVIEW ARIEL.CABALLERO@BRIGHTVIEW.COM 305-258-8011 OTTO MONTERO ESTIMATOR THORTON CONSTRUCTION COMPANY,INC. OMONTERO�a THORTON-INC.COM 305-649-1995 GUS MENDONZA SR.ESTIMATOR LEMARTEC CORPORATION GUMENDOZA@LEMARTEC.COM 305-273-8676 HAMILANDRADE RIC-MAN INTERNATIONAL,INC. hamilla@ric-man.us 954-426-1042 SEBASTIAN LOOR MCM sloor@mcm-us.com 305-541-0000 LLETTYS HERNANDEZ PROJECT MANAGER Maestre Construction Ihernandez@maestreconstruction.com 305-557-4440 NICOLE POTTER ENGINEER 1 KIEWIT NICOLE.POTTER@KIEWIT.COM (954)233-1002 KELLY HITZING SENIOR ASSOCIATE Kelly@savinomiller.com BARRY MILLER SAVINO AND MILLER DESIGN STUDIO 305.895.9082 ADRIANA SAVINO DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 DIVISION OF CORPORATIONS Drimoti of AfPb/?:.org J' T 0111J an official.Ttwe of Florida Willi/it Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation BUSLAM COMPANY PARTNERS INC. Filing Information Document Number P11000078346 FEI/EIN Number 90-0757803 Date Filed 09/02/2011 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/01/2016 Principal Address 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Changed: 04/12/2022 Mailing Address 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Changed: 04/12/2021 egistered Agent Name&Address BUSTO, IVAN, III 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Name Changed: 03/14/2013 Address Changed: 04/12/2021 Officer/Director Detail Name&Address Title PD DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Busto, Ivan, III 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Title CEO Busto, Ivan, Jr. 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Title Chief Architectural Officer Sanchez,Arnulfo 960 Arthur Godfrey RD 206 MIAMI BEACH, FL 33140 Annual Reports Report Year Filed Date 2021 04/12/2021 2021 08/02/2021 2022 04/12/2022 Document Imam 04/12/2022—ANNUAL REPORT View image in PDF format 08/02/2021—AMENDED ANNUAL REPORT View image in PDF format 04/12/2021—ANNUAL REPORT View image in PDF format 01/17/2020—ANNUAL REPORT View image in PDF format 02/15/2019—ANNUAL REPORT View image in PDF format 03/12/2018—ANNUAL REPORT View image in PDF format 01/17/2017—ANNUAL REPORT View image in PDF format 11/01/2016—REINSTATEMENT View image in PDF format 03/19/2015—ANNUAL REPORT View image in PDF format 05/21/2014—AMENDED ANNUAL REPORT View image in PDF format 03/21/2014—ANNUAL REPORT View image in PDF format 03/14/2013—ANNUAL REPORT View image in PDF format 09/24/2012—ANNUAL REPORT View image in PDF format 09/02/2011—Domestic Profit View image in PDF format Florat,Department of State.Division of Carp„raf,oee DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 BID SUBMITTAL QUESTIONNAIRE—CONSTRUCTION SECTION 1 —BID CERTIFICATION This ,P CI ih.(70replefpr!anri cuhmittert plertronirally Solicitation No: Solicitation Title: 2022-310-AY Bayshore Park BIDDERS NAME Buelam Company Partners,Inc.OBA BUSLAM NO.OF YEARS IN BUSINESS 11 NO.OF YEARS IN BUSINESS LOCALLY 11 NO.OF EMPLOYEES:25 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS. BIDDER PRIMARY ADDRESS(HEADQUARTERS).980 Arthur Godfrey Road Suite 206 CITY-.Miami Beach STATE'.Fl ZIP CODE'.33140 TELEPHONE NO 786.395.9773 TOLL FREE NO.'.688.515.3107 FAX NO.'.888.514_5258 BIDDER LOCAL ADDRESS 960 Arthur Godfrey Road Suite 206 CITY.Miami Beach STATE Fl ZIP CODE.33140 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Nan Buato ACCOUNT REP TELEPHONE NO 786.39.9773 ACCOUNT REP TOLL FREE NO.888.515.3107 eat 203 ACCOUNT REP EMAIL:Ivanhustoiliaboalamoom FEDERAL TAX IDENTIFICATION NO 90-0757603 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Flonda Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized IVAN BUSTO III Representative: President SECTION 2-ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt IB Addendum 1 Addendum 6 Addendum 11 IB Addendum 2 Addendum 7 Addendum 12 IB Addendum 3 Addendum 8 Addendum 13 IB Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 SECTION 3—QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required. DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1Al7BCEB7 'wner Ownership percentage Directorship/Office tyl: Ivan Busto III 50 President Ivan Busto Jr 50 CEO 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2022-310-AY Project Title Bayshore Park Reference No.1 Firm Name:Nicover LLC Contact Individual Name and Title:Jorge Savloff Address:1111 Kane Concourse DrBay harbour Island FL Telephone:305.299.3872 Contact's Email:jorgeviol@yahoo.com Narrative on Scope of Services Provided: New Multifamily Development in the City of North Miami Beach DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Reference No.2 Firm Name:CITY OF MIAMI BEACH CIP Contact Individual Name and Title:RODNEY PEREZ Address:1700 Convention Center Drive,Miami Beach,FL 33139 Telephone:3056737071 Contacts Email:rodneyperez@miamibeachfl.gov Narrative on Scope of Services Provided: north beach oceanside park Reference No.3 Firm Name:Miami Dade Water and Sewer Contact Individual Name and Title:Jules Durand/Senior Project Manager Address:3071 SW 38th Ave,Miami,FL 33146 Telephone:786.229.8568 Contact's Email:Jules.Durand@miamidade.gov Narrative on Scope of Services Provided: Windows replacement project for Miami Dade Water and Sewer Department Additional Reference Firm Name:Miami Dade Public Housing Contact Individual Name and Title:Maria Rodriguez Porto/Senior Project Manager Address:701 NW 1st Ct,Miami,FL 33136 Telephone:7862005902 Contact's Email:Maria.Rodriguez-Porto@miamidade.gov Narrative on Scope of Services Provided: New Residential Development for Miami Dade Public Housing and Community Development. 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5) years? YES NO If yes,why? 5.Is the applicant company currentl barred by a governmental agency,from bidding work as a prime or subcontractor? YES NO If yes,state debarment period and the reason(s)for debarment? 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company, within the last five(5) years? YES NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated durin the last five(5)years? YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified b the City of Miami Beach to bid on construction work? YES NO DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary, or holding company for another construction company? YES Q NO If the answer is"yes,"identify the company and type of relationship(s),below: e of affiliation(parent or subsidiary Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? YES NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Periodc Type c iation(e.g. Individual s name Affiliated company s nam. }i,atir ; cer,director,owner or employee) 11.Is the applicant company current) the debtor in a bankru tc case or file for bankruptcy during the last five(5)years? YES NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? YES NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? YES NO If yes,explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? YES NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director,officer,or agent for the company that is related to construction activities of a business organization? YES L� NO If yes,explain. 16.Has the applicant company or any of its owners,officers,or partners ever been convicted(criminal)or found liable (civil)for making either a false claim or material misrepresentation to any public agency or entity? J YES NO If yes,explain. DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES NO If yes,explain. 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director,employee or agent,an employee of the City of Miami Beach? YES NO • If yes,state name,title and share of ownership ,snare t of of Ownership 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or Ci Commissioner for the City of Miami Beach? YES NO If yes,list name(first and last name)of individuals,occupation,amount and date: 1 2 3 4 5 6 7 8 9 20. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? YES NO 21.Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). YES NO Certifying Ag=^^ry 22. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than$100,000 to provide"Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note:s benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are prov directly to the spouse or domestic partner,such as medical insurance. rm Provides for Employ Firm Provides for Employees Firm does not Provide with Domestic PP~'74,.Z Benefit Health Sick Leave Family Medical Leave Bereavement Leave 23. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? Li YES NO If yes,explain. 24. Financial Capacity.When requested by the City,each bidder shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR) directly to the City.No proposal will be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: https:Ilsu ppl ierportal.d nb.comlwebapplwcslstoreslservlet/Su ppl ierPortal?store ld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. At time of request,bidder shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 24. Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Ivan Busto III Representative: President 25.Suspension And Debarment Certification The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the Contractor, its principals(defined at 2 C.F.R.§180.995),or its affiliates(defined at 2 C.F.R.§180.905)are excluded(defined at 2 C.F.R.§180.940)or disqualified(defined at 2 C.F.R.§180.935). DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 (2)The Contractor must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Ivan Busto III Representative: President CONTINUED ON THE FOLLOWING PAGE. DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 26.Sub-Contractors Providing Services to this Project: Subcontractor Work to be completed 7f Work to be performed Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 tv\ I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ATTACHMENT A Revised Appendix A, Bid Price Form THE REVISED BID PRICE FORM IS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL ITB No 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I B E AC H Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov REVISED 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 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 $ 31 715 000.00 Indemnification of Ci $25.00 Permit Allowance $250,000.00 GRAND TOTAL (TOTAL BASE BID AMOUNT+INDEMNIFICATION OF CITY+PERMIT ALLOWANCE) $ 31,965,025.00 ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. Unit Total Item Description Quantit U / M Cost (Quantity_X_Unit_Cost) NOT APPLICABLE ITB No 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 M I A M I BEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. NOTE: See Specification 012300 for more detail on Alternates. Alternates are also flagged on the Site Plan LA-01C. Item Description Unit of Unit Total Quantity Measure Cost (Qty x Unit Cost) 1 Removal of elevated aluminum bar grating pathway under Banyan tree. 1 LS $ 252,222.67 2 Removal of solar panels on tennis building.Provide electrical conduit& pull boxes for future installation. 1 LS $ 55,500.00 3 Replace permeable pavers in travel lane of parking lot with asphalt& subbase system 1 LS $ 145,950.00 4 Removal of the railings from three(3)docks(NE,NW&SW docks). 1 LS $ 114,750.00 5 Removal of the lake ozone equipment room. 1 LS $ 31,101.00 6 Removal of the lake ozone filtration system equipment.Provide electric conduit and piping for future 1 LS $ 292,752.00 inctallation 7 Eliminate pavilion shade structure at the Southwest dock. 1 LS $ 11,000.00 8 Eliminate pavilion shade structure at east tennis/pickleball courts. 1 LS $ 28,435.00 9 Eliminate the tennis/pickleball court lights.Provide conduits and pull boxes for future installation. 1 LS $ 282,876.98 10 Install Vitriturf in lieu of Pebbleflex safety surfacing at the playground and 1 LS $ 627,000.00 fitnacc rIt'char ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope\ / ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department 1 V \ l /L V V\ I in C HL.. ri 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov SCHEDULE OF VALUES BAYSHORE PARK-BID SCHEDULE OF VALUES Item Description Unit of Unit Total Quantity Measur Cost (Qty x Unit Cost) GENERAL CONDITIONS 1 General Conditions 1 LS $ $ 3,084,202.00 2 Mobilization and Demobilization including the 1 LS $ $ 1,876,395.95 construction fencing 3 Bonds and Insurance 1 LS $ $ 350,000.00 4 Permit processing including Maintenance of 1 LS $ Included in GC Traffic(MOT)and Parking plan 5 Clear&Grub, Demolition and Erosion Control 1 LS $ $ 450,000.00 SUBT $ 5,760,597.95 ENVIRONMENTAL OVERSIGHT DURING CONSTRUCTION 6 Site Environmental Controls 1 LS $ 7 Environmental Monitoring And Data Collection During Construction (Water, Soil and 1 LS $ Air) $ 925,817.75 8 Maintain existing on site monitoring wells during construction and extend to final grade(not to include three(3)wells located in 1 LS $ proposed lake/ lake island) SUBT $ 925,817.75 EARTHWORK INCLUDING LAKE 9 Excavated soil to 1 LS $ $ 724,258.23 remain on site 10 Excavated 1 LS $ $ 486,824.95 contaminated soil to be disposed off site 11 Trucking for contaminated soil disposal at 1 LS $ approved landfill $ 748,041.59 12 Dump fees for contaminated soil disposal at 1 LS $ approved landfill 13 Landforms&grading the site's impervious areas within one foot to 1 LS $ $ 249,324.96 Rough Grade (Not including soil) IMPORTED CLEAN FILL/SOIL FOR FINAL GRADING&CAPPING 14 Planting soil fill 1 LS $ $ 89,445.41 15 Sod blanket fill 1 LS $ $ 203,238.41 16 Sand fill 1 LS $ $ 43,752.46 17 Drainage rock&limerock base fill 1 LS $ $ 138,396.90 18 Clean fill 1 LS $ $ 474,833.18 19 Site grading/shaping low&high areas to Finish grade(not including 1 LS $ $ 498,649.91 soil) 20 Lake Stabilization-Sheet pile around 1 LS $ $ 265,946.62 Island&Rip Rap 21 Netting and installation-Contaminated Soil 1 LS $ $ 398,919.93 Demarcation EARTHWORK INCLUDING LAKE, IMPORTEAD CLEAN FILL/SOIL FOR FINAL GRADING, & SUBT $ 4,321,632.55 LANDSCAPING 22 Existing Tree Protection 98 EA $ $ 418,838.45 23 Tree Transplant(1 move, to final location) 12 EA $ $ 502.606.14 24 Tree Transplant(2 moves,to on site nursery then final 16 EA $ $ 628,257.67 location) 25 Tree Removal 54 EA $ $ 256,500.00 26 Tree Pruning 1 LS $ $ 335.070.76 27 Jute Mesh (for shrubs/groundcover s on slopes greater 1 LS $ $ 85.500.00 than 4:1) 28 Aluminum Edging 1 LS $ $ 57,000.00 29 Root barriers 1 LS $ $ 152,000.00 30 Tree Anchors 1 LS $ $ 104,500.00 31 Mulch 1 LS $ $ 62,700.00 LANDSCAPING, TREES, AND IRRIGATION IS A LUMP SUM PRICE SUBT $ 2,602,973.02 TREES(supply, install and maintain to substantial completion) ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department u\ 1 H/U\ I o C HL.. ri 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 32 SWEET ACACIA 1 EA $ 33 BAOBAB 1 EA $ 34 CASHEW NUT TREE 1 EA $ 35 POND APPLE 12 EA $ 36 ORCHID TREE 1 EA $ 37 KAPOK TREE 1 EA $ 38 VERAWOOD 30 EA $ 39 GUMBO LIMBO 14-16 17 EA $ 40 GUMBO LIMBO 18-20 10 EA $ 41 PINK SHOWER TREE 3 EA $ 42 GOLDEN SHOWER TREE 1 EA $ 43 POVVDERPUFF TREE 1 EA $ 44 YLANG YLANG 1 EA $ 45 DWARF POINCIANA 1 EA $ 46 WILD CINNAMON BARK 3 EA $ 47 CASSIA 1 EA $ 48 SATIN LEAF 1 EA $ 49 SILK FLOSS TREE 1 EA $ 50 FIDDLEWOOD 2 EA $ 51 PIGEON PLUM 1 EA $ 52 SILVER BUTTONWOOD 10 EA $ 53 GREENBUTTONWOOD 14-16 11 EA $ 54 GREEN BUTTONWOOD 18-20 1 EA $ 55 CANNON BALL TREE 1 EA $ 56 ORANGE GEIGER TREE 2 EA $ 57 SEA GRAPE 1 EA $ 58 ROYAL POINCIANA 2 EA $ 59 RED STOPPER 3 EA $ 60 SHORTLEAF FIG 3 EA $ 61 BLOLLY 2 EA $ $ 478,017.17 62 LIGNUM VITAE, SPECIMEN 3 EA $ 63 LIGNUM VITAE 5 EA $ 64 DAHOON HOLLY 5 EA $ 65 SAUSAGE TREE 1 EA $ 66 BLACK IRONWOOD 1 EA $ 67 WHITE MANGROVE 9 EA $ 68 CRAPE MYRTLE 9 EA $ 69 WILD TAMARIND 27 EA $ 70 CUBAN TAMARIND 3 EA $ 71 FALSE MASTIC 1 EA $ 72 SIMPSON'S STOPPER 4 EA $ 73 SCREWPINE 1 EA $ 74 RED BAY 1 EA $ 75 ALLSPICE TREE 1 EA $ 76 JAMAICAN DOGWOOD 1 EA $ 77 FRANGIPANI 1 EA $ 78 CHERRY LAUREL 1 EA $ 79 SHAVING BRUSH TREE 1 EA $ 80 SOUTHERN LIVE OAK 14 EA $ 81 SOUTHERN LIVEOAK W/CHARACTER 27 EA $ 82 RAIN TREE 1 EA $ 83 DESERT CASSIA 1 EA $ 84 BUSTIC WILLOW 1 EA $ 85 PARADISE TREE 4 EA $ 86 AFRICAN TULIP TREE 1 EA $ 87 BAY CEDAR 1 EA $ 88 WEST INDIAN MAHOGANY 5 EA $ 89 YELLOW TRUMPET TREE 2 EA $ 90 BALD CYPRESS 34 EA $ 91 YELLOW ELDER 1 EA $ LANDSCAPING,TREES, AND IRRIGATION IS A LUMP SUM PRICE SUBT $ 478,017.17 PALMS(supply,install and maintain to substantial completion) 92 COCONUT PALM 21 EA I $ ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department V\ I I V\ I D C/y`. ri 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 93 HURRICANE PALM 9 EA $ 94 SOLITAIRE PALM 7 EA $ 95 CABBAGE PALMETTO 136 EA $ 96 FLORIDA THATCH PALM 18 EA $ 97 LITTORAL ZONE PLANTING(supply, install and maintain to substantial 1 LS $ completion) $ 318,134.29 98 SHRUBS(supply, install and maintain to substantial completion) 1 LS $ 99 GROUNDCOVERS (supply, install and maintain to 1 LS $ substantial completion) 100 BENEFICIAL LAWN: SOD+WILDFLOWERS (supply, install and maintain to 1 LS $ substantial completion LANDSCAPING,TREES, AND IRRIGATION IS A LUMP SUM PRICE SUBT $ 318,134.29 IRRIGATION(complete in place including all valves,heads,backflow preventer,backflow preventer case,connection to 101 Landscape Irrigation(Potable 1 LS $ $ 661,010.00 Water) 102 Booster Pump, Control&Electrical 1 LS $ $ 128.250.00 LANDSCAPING,TREES, AND IRRIGATION IS A LUMP SUM PRICE SUBT $ 789,260.00 Hardscape 103 Concrete Walkway,4"Thick, Salt Finish with base[PEDESTRIAN 1 LS $ $ 235,482.39 CONNECTOR PATHWAYS] 104 Stabilized Crushed Coquina with base[MULTI-USE 1 LS $ JOGGING LOOP] 105 Stabilized Crushed Coquina with base[ENTRY PLAZA, DOG PARK, $ 280,353.55 BUTTERFLY GARDEN, PLAYGROUND, PATH ON SUNSET 1 LS $ HILL] 106 6"x 6"Concrete Curb on either side of Coquina Sand 1 LS $ $ 128,619.65 Path 107 Concrete Pavers at Linear Water Feature with base[ENTRY WALK 1 LS $ ALONG LINEAR WATER FEATURE] 108 6"x 6"Concrete Curb along Linear Water Feature 1 LS $ Pavers 109 Concrete Pavers on Linear Water 1 LS $ Feature Steps $ 324,606.36 110 Concrete Pavers on Linear Water 1 LS $ Feature Equipment Access Hatch 111 Concrete Pavers with Detectable Warning with base[BETWEEN PARKING LOT AND LINEAR 1 LS $ WATER FEATURE] 112 Concrete Curb-8"x 12"along pavers 1 LS $ $ 41,027.18 113 River Rock at Bottom of Water 1 LS $ $ 30,964.40 Feature with base 114 Permeable Pavers at Parking Lot 1 LS $ $ 231,530.20 115 Concrete Curb at Parking Lot, Driveways and 1 LS $ $ 35,012.25 along Pine Tree Drive 116 Pavement Markings&Signage at Parking Lot and along Pine Tree Drive( inlcuding sign and pavement 1 LS $ $ 9,500.00 marking removal) 116 Milling and Resurfacing of Pine Tree Drive 1 LS $ INCLUDED IN CIVIL A WORK PRICE 117 Poured in Place Rubberized Surface with Concrete Base 1 LS $ -Fitness Cluster 118 Poured in Place Rubberized Surface with Concrete Base 1 LS $ $ 678,733.49 -Playground 119 Poured in Place Rubberized Surface 1 LS $ with Aggregate Base-Playground 120 Stabilized Sod at West Emergency 1 LS $ INCLUDED IN Access Lane LANDSCAPE WORK SUBT $ 1,995,829.45 PARK FEATURES ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department /V\ I f-\/V\ I D E HL. F 1 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 121 Concrete Seat Walls(at Amphitheater, 1 LS $ $ 301,973.39 Playground&Entry Plaza) 122 Oolite Stone Slabs(Steps into Lake on 1 LS $ $ 256,025.00 Island) 123 Limestone Caprock Boulders(at 1 LS $ $ 68,400.00 Playground and Water Feature) 124 Metal Fence(at Dog Park& 1 LS $ $ 124,302.75 Playground) 125 Polyolefin Coated Chain Link Fence(7'ht,at South 1 LS $ $ 22,101.75 Property Boundary) 126 Webbed Net(at Southeast Dock) 1 LS $ $ 33,250.00 127 Linear Water Feature concrete steps(see paving 1 LS $ $ 196,813.62 for finishes) 128 Monument Signs 1 LS $ $ 63,696.86 (4)and Dog Park Sign(1) 129 Shade 1 LS $ $ 43,733.94 Structure/Pavilion at SW Lake Dock 130 Shade Structure/Pavilion at SE Tennis Court 1 LS $ $ 27,013.25 131 CMU Dumpster Enclosure 1 EA $ INCLUDED IN CMU SUBT $ 1,137,310.57 TENNIS/PICKLEBALL COURTS 132 Asphalt Playing Surface with base 1 LS $ 133 Net, Posts&Markings 1 LS $ $ 731,167.50 134 Fencing&Gates 1 LS $ SUBT $ 731,167.50 BRIDGE,DOCKS&ELEVATED WALK 135 Bridge&Docks(includes structure 1 LS $ $ 947,357.55 below) 136 Bridge&Docks Railing 1 LS $ $ 168,712.88 137 Boardwalk-Elevated Metal Grate at Banyan 1 LS $ $ 252,222.67 Tree(includes foundations) SUBT $ 1,368,293.09 LAKE MAINTENANCE EQUIPMENT 138 Ozone equipment&electrical 1 LS $ 139 CMU Ozone enclosure structure(lake equipment enclosure at 1 LS $ parking lot) $ 656,259.91 140 Lake circulation equipment(including conduits, conductor and service point 1 LS $ connection) SUBT $ 656,259.91 WATER FEATURE EQUIPMENT -Furnish and install 141 Equipment 1 LS $ 142 Electrical 1 LS $ $ 593,805.75 143 Piping 1 LS $ SUBT $ 593,805.75 SITE UTILITIES 144 Site Drainage System including the R-Tanks, Pipes, Inlets,Trench Drains, Filter Fabric, Rocks 1 LS $ $ 973,750.00 complete in place 145 Drainage pipe, Control Box, Headwall and 1 LS $ $ 190,000.00 Sheet pile 146 Site Water including irrigation system and connection to 1 LS $ $ 142,500.00 the main 147 Sanitary system and connection to 1 LS $ $ 95,000.00 the main-tennis building 148 Water Fountains with Cooler 1 LS $ $ 23,750.00 Plumbing EARTHWORK INCLUDING LAKE, IMPORTEAD CLEAN FILL/SOIL FOR FINAL GRADING, & SUBT $ 1,425,000.00 SITE LIGHTING/ELECTRICAL 149 Signage Lighting Type A Up lights(including wire, pull box, ground, 2 EA $ $ 142,500.00 conduits&conductors) ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department /V\ I H V\ I D C/\L.. t1 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 150 Signage Lighting Type B Up lights(including wire, pull box,ground, conduits& 3 EA $ $ 213,750.00 conductors) 151 Parking Lot Lighting(including foundations,wire,ground, conduits& 3 EA $ $ 498,750.00 conductors) 152 Pathway Lighting (including foundations,wire, pull box, ground, conduits& 45 EA $ $ 1,190,050.24 conductors) 152 Airlink by LSI Industries lighting 1 LS $ $ 498,750.00 A control system for Pathway Lighting 153 Tennis Court Lighting (including foundations,wire, pull box, ground, conduits& 8 EA $ $ 989,861.42 conductors) 154 3/4"Conduit for Vehicle Charging Stations(2) 1 LS $ $ 35,625.00 155 Street Light Relocation 2 EA $ $ 142,500.00 156 Duplex Receptacle WP @ Tennis 2 EA $ $ 28,500.00 Courts 157 Duplex Receptacle 3 EA $ $ 42,750.00 WP @ Water Fountains 158 Electrical system for Water Fountains with Cooler(including wire, ground, conduits& 1 LS $ $ 14,250.00 conductors) SUBT $ 3,797,286.66 SITE FURNITURE 159 STONE FREE SHAPE SEAT 79"X61"X20" 3 EA $ $ 42,659.70 160 CUSTOM BENCH 22'X8'X18" 1 EA $ $ 9,310.00 161 MCCH 720-M LOUNGE CHAIR 14 EA $ $ 41,021.33 162 BUZZ PICNIC TABLE 37"DIA 2 EA $ $ 4,560.00 STEEL 163 STOOP BENCH 2 EA $ $ 4,560.00 STEEL 81"X73"X39.5" 164 NEOLIVIANO 69"LONG BACKED BENCH 5 EA $ $ 20,339.12 165 NEOLIVIANO 59"LONG BENCH 8 EA $ $ 14,031.50 WITHOUT BACK 166 MUSEUM PARK CUSTOM BENCH NATURAL SHELL 7 EA $ $ 20,284.88 STONE 167 FLO BIKE RACK 6 EA $ $ 9,579.99 168 DRINKING WATER 2 EA $ FOUNTAIN&WATER FILLER $ 32,314.54 169 DRINKING WATER FOUNTAIN &WATER FILLER C/C PET PET 2 EA $ FOUNTAIN 170 PING PONG TABLE 1 EA $ $ 6,916.00 171 GARBAGE CAN MLWR650-32-M- 18 EA $ $ 34,166.56 LBK 172 RECYCLING CONTAINERS 16 EA $ $ 41,002.52 173 MODERN DOG KIT 6 EA $ $ 7,462.87 -DOG WASTE STATIONS +SUBT $ 288,209.01 ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department V\ i i V\ I D E H`., n 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov PLAYGROUND EQUIPMENT(complete in place including shop drawings,permittin5,freight and installation) 174 BERLINER-COSMOS 1 EA $ 175 BERLINER-DOUBLE CLOUD 9 1 EA $ 176 BERLINER-PALMETTO 1 EA $ SAUCER 177 BERLINER-SPEEDWAY 1 EA $ 178 BERLINER-UDB-WHITEWATER.03 1 EA $ 179 BERLINER-4'-0" 2 EA $ $ 797,416.15 FAST LANE SLIDES (HDPE) 180 BERLINER- 1 EA $ LARGE PLAY STRUCTURE 181 BERLINER-UDB ORBIT 01 1 EA $ 182 LANDSCAPE STRUCTURES-TRI-HANDHOLD-HANDGRIPS (Set 5 SETS $ of 10) SUBT $ 797,416.15 FITNESS EQUIPMENT (complete in place including shop drawings,permitting,freight and installation) 183 KOMPAN-MAGBELLD 1 EA $ SUSPENSION TRAINERS 184 KOMPAN-STEP 20CM 1 EA $ 185 KOMPAN-STEP 40CM 1 EA $ 186 KOMPAN-STEP 60CM 1 EA $ 187 KOMPAN-CHEST PRESS(FAZ601) 1 EA $ 188 KOMPAN-CITY BIKE 1 EA $ $ 129,483.63 189 KOMPAN-CROSS TRAINER 1 EA $ 190 KOMPAN-HORIZONTAL 1 EA $ ROW(FAZ605) 191 KOMPAN- 1 EA $ BALANCE STATION 192 KOMPAN-FREE STANDING SIGN 1 EA $ SUBT $ 129,483.63 ARCHITECTURE-TENNIS BUILDING(complete in place) 193 Tennis Building 1 LS $ $ 890,832.90 194 Aluminum Trellis on Tennis Building 1 LS $ $ 84,488.25 195 Solar Panels on Tennis Building 1 LS $ $ 85,500.00 SUBT $ 1,060,821.15 TOTAL PARK AMOUNT(ITEMS 1-195) $ 29,177,315.60 Item Description Quantity Unit of Unit Total WATER MAIN AND FORCE MAIN REPLACEMENT 196 Furnishing and installing 20-inch zinc coated and polywrapped(V-Bio polyethylene encasement)ductile iron pipe and fittings for 1,400 LF $ water main. 197 Furnishing and installing 8-inch zinc coated and polywrapped(V-Bio polyethylene encasement)ductile iron pipe and fittings for 20 LF $ water main. 198 Furnishing and installing 6-inch zinc coated and polywrapped(V-Bio polyethylene encasement)ductile iron pipe and fittings for 75 LF $ water main. 199 Furnishing and installing 30-inch zinc coated and polywrapped (V- Bio polyethylene encasement)ductile iron pipe and fittings for 850 LF $ sewer force main. 200 Furnishing and installing 20-inch mechanical joint butterfly valves with 3 EA $ valve boxes for water main. 201 Furnishing and installing 30-inch mechanical joint plug valves with manholes for sewer 5 EA $ force main. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department V\ ( /LVV\ I C HL., n 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 202 Cut-in for connection to the existing 20-inch cast iron water main at: City of Miami Beach Public Works Yard(STA 0+30±)including furnishing and installing all fittings necessary for the connection, as 1 EA $ shown on the Plans. Cut,grout, cap and abandoning in place the existing water main. 203 Cut-in for connection to the existing 20-inch cast iron water main at: W 28th Street(STA 51+96±)including furnishing and installing all fittings necessary for the connection,as shown on the Plans. Cut, 1 EA $ grout,cap and abandon in place the existing water main. 204 Cut-in for connection to the existing 8-inch ductile iron water main at: W 28th Street(STA 50+25±)including furnishing and installing all fittings necessary for the connection,as shown on the Plans.Cut, 1 EA $ grout,cap and abandon in place the existing water main. 205 Cut-in for connection to the existing 6-inch cast iron water main at: City of Miami Beach Public Works Yard (STA 20+06±) including furnishing and installing all fittings necessary for 1 EA $ connection, as shown on the Plans.Cut,grout, cap and abandon in place the existing water main. 206 Cut-in for connection to the existing 30-inch cast iron sewer force main at: City of Miami Beach Public Works Yard(STA 0+20±) including furnishing and installing all fittings necessary for connection, as shown on the Plans.Cut,grout, cap and abandon in 1 EA $ place the existing force main. 207 Cut-in for connection to the existing 30-inch cast iron sewer force main at: Scott Rakow Youth Center Parking Lot(STA 8+66±) including furnishing and installing all fittings necessary for connection, as shown on the Plans.Cut,grout,cap and abandon in 1 EA $ place the existing force main. $ 2,537,684.40 208 Furnishing and installing 20-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets(Viton, or approved equal)for the installation of 20-inch ductile iron water main in contaminated 140 EA $ areas. 209 Furnish and installing 8-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets(Viton, or approved equal)for 10 EA $ the installation of 8-inch ductile iron water main in contaminated areas. 210 Furnishing and installing 6-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets(Viton, or approved equal)for the installation of 6-inch ductile iron water main in contaminated 10 EA $ areas. 211 Furnishing and installing 30-inch mechanical joint type hydrocarbon impermeable fluoroelastomer gaskets(Viton,or approved equal)for the installation of 30-inch ductile iron sewer force main in 85 EA $ contaminated areas. 212 Constructing Air Release Valve Assemblies(ARVs)for water mains at the locations shown 3 EA $ on the Plans. 213 Constructing Air Release Valve Assemblies(ARVs)for sewer force mains at the locations shown on 4 EA $ the Plans. ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Procurement Department V\ I H I V\ I D C H`. 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 214 Constructing 8-inch reinforced concrete protective slab, per City's Standard Details, in areas of low ground cover, as indicated in the 15 SY $ Plans. Refer to City of Miami Beach Public Works Manual Detail 10-1 215 Limerock base for Type"1"permanent paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works 350 SY $ Manual Detail 14-7 216 Type"1"permanent paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works 350 SY $ Manual Detail 10-1 217 Type"V'permanent paving repairs as per details provided in plans. Refer to City of Miami Beach Public Works 1,500 SY $ Manual Detail 10-1 218 Milling (nominal 1 inch thick)and resurface the area adjacent to the excavation for permanent paving 1,500 SY $ repairs 219 Replacing pavement markings damaged, removed,or obliterated by the 1 EA $ contractor's operation 220 Concrete sidewalk restoration to match 500 SF $ existing 221 Concrete curb and 280 LF $ gutter restoration to match existing 222 Restoring sodded area 55 SY $ 223 Demolishing concrete stairs and chain link fence 1 EA $ 224 Sheeting and shoring ordered left in place by the 9,850 LF $ Engineer 225 Trench overcut in 1-foot depth increments,for any 2,400 LF $ size pipe TOTAL FM AND WM AMOUNT(ITEMS 196-225) $ 2,537,684.40 TOTAL BASE BID AMOUNT(ITEMS 1-225) $ 31,715,000.00 BALANCE OF PAGE LEFT INTENTIONALLY BLANK ITB No. 2022-310-AY Addendum#3 10/12/2022 DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 tBUSUIM \our Ke.pec(ed F (.r,,...;I Bayshore Park BUSLAM 960 ARTHUR Godfrey Road Phone - 888.515.3107 Suite 206 Email—ivanbustoiii@buslam.com Miami Beach FL 33130 1 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 S -..� "lour Respected I-riendly Group` Table of Contents COVER LETTER 3 Proposer's Experience, Past Performance 6 Proposer Experience 7 Proposer Recent Project Experience 10 RESIDENTIAL MIXED USE-COMMERCIAL - GREEN -SUSTAINABILITY 10 Proposer Recent Project Experience 12 RESIDENTIAL MIXED USE - COMMERCIAL 12 Proposer Recent Project Experience 14 GREEN -SUSTAINABILITY-GOVERNMENT- PUBLIC SECTOR 14 Proposer Recent Project Experience 16 HISTORIC PRESERVATION - HOSPITALITY - COMMERCIAL 16 Proposer Recent Project Experience 18 HISTORIC PRESERVATION-HOSPITALITY - COMMERCIAL 18 Proposer Recent Project Experience 20 HISTORIC PRESERVATION -HOSPITALITY 20 Proposer Recent Project Experience 22 HISTORIC PRESERVATION -HOSPITALITY - COMMERCIAL 22 Proposer Recent Project Experience 24 HISTORIC PRESERVATION -HOSPITALITY - COMMERCIAL 24 Proposer Recent Project Experience 26 HISTORIC PRESERVATION -HOSPITALITY - COMMERCIAL 26 Proposer Recent Project Experience 28 MULTIFAMILY RESIDENTIAL 28 Proposer Recent Project Experience 30 MULTIFAMILY RESIDENTIAL 30 Proposer Recent Project Experience 32 INSTITUTIONAL/GOVERNMENT PUBLIC SECTOR 32 2 DocuSign Envelope ID:F6A4C9F5-75D6-47E31 411116 —"Your Respected Friendly Group" '. *****0\)t\ C "t'TTER BUSLAM COMPANY PARTNERS, INC—DBA: BUSLAM 960 Arthur Godfrey Road Miami Beach FL 33140 July 28, 2021 To whom it May Concern, Through this introductory letter we would like to thank you for the opportunity to work together with your department in this project. We are confident, able and have a full interest to perform in the project referenced above to the standards and specifications of the Miami Beach CIP (Owner). With this objective in mind BUSLAM's team in addition to the documentation required in the bid submittal checklist has prepared this document to serve as supplemental information on BUSLAM's qualification, experience, and stability as a construction firm in the state of Florida. We hope this document serves its purpose of ensuring your department that by contracting with BUSLAM you will be contracting with a reputable firm who is always deliver to the best of its ability. We would like to once again thank you in advance for the opportunity and look forward to hearing back from you soon. Sincerely, ( •,/vi / __,..:7)-- _ _-- Ivan Busto III President BUSLAM 3 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Smam " Your Respected Friendly Group" Proposer's Experience, Past Performance 6 DocuSign Envelope ID:F8A4C9F5-751206-47E3-ADFB-CEC1A17BCEB7 SOUSUIM y a'� "Your Respected Friendly Group" Proposer Experience Company Name: BUSLAM COMPANY PARTNERS—DBA: BUSLAM. Foundation: BUSLAM founded 2002. Headquarter: 960 Arthur Godfrey Road Suite 206 Miami Beach FL 33140. Employee Data: 25 Direct Employees Company Services: Development: Design-Build: Investor Selection/Acquisition Investor Capital Management Real Estate Selection/Acquisition Design Management Real Estate Transaction Owner Representation Investor Management Construction Performance Financing Acquisition Construction Management Design Management Construction Management Real Estate Management Brokerage: Asset Operations: Investor Selection/Acquisition Multifamily Asset Operations Real Estate Selection/Acquisition Hospitality Asset Operations Real Estate Transaction Residential Asset Operations Investor Management Real Estate Management Company Licenses: Real Estate Corporation (CQ1060612) CAM Firm (CAB5747) Certified General Contractor (CGC1507018) Certified Roofing Contractor (CCC1325575) Certified Underground Utility and Excavation Contractor (CUC1225566), Certified Electrical Contractor (EC13008510) Certified Plumbing Contractor(CFC1430292) Certified Air Conditioning Contractor (CAC1819942) 7 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 SSUSIAVI "Your Respected Friendly Group Primary Markets Served: Historic Preservation Hospitality Mixed Use Multifamily Institutional —Governmental Sector Sustainability Ownership Structure: Ivan Busto Jr. Ivan Busto III Founder—CEO President—CFO 50% Owner 50% Owner Note: Ownership structure is not expected to change at this time. Affiliated Organizations: None Bonding Capacity: 60MM please refer to Exhibit A for bonding capacity letter. 9 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 v Ilk S ' •'Your espected Friendly Group Proposer Recent Project Experience RESIDENTIAL MIXED USE- COMMERCIAL - GREEN-SUSTAINABILITY ......,--,-IN-:. _,"! °-; 44.0%; - ;1 ' • I , a .11111-4- P4411611111"- -.Imp,..L7,-, . 1:, :..444 .,,,17::;:,‘;'.";:' . , 1 4! �,. _f -. _ ._. r ,. FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/residence-at-nomi/ Project Name: Residences at NOMI Project Information:This new construction Mixed-use project in North Miami that will pay homage to the Museum of Contemporary Art(MOCA) and offer an assisted living facility, workforce apartments and retail space to create a three-building complex, including a high-rise with 175 workforce apartments, a mid-rise for assisted living and over 10,000 square feet of retail space, completing approximately 325,000 square feet.The new complex amenities including Large pedestrian-friendly and landscaped promenades and plazas, artistic murals curated by MOCA, plus a number of green technologies - such as energy-saving air conditioning and green roofs, LEED certification, event spaces, lobby, services areas and offices spaces. Address - 950 Northeast 124th Street, North Miami, FL 33161 Architect & Interior Design -Frankel Benayoun Architect Inc Asset Acquisition - $800,000.00 (2015) Project Development, Design & Construction Completion Cost - $ 45.5 MM (The Mixed-use project is currently undergoing design permitted process and renovations scheduled to be completed by first quarter of 2023) 10 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 "foS1urRespecIedFrjendIy1r,,,Ip.. 11)1 Project Status: Permitted 2020, Currently Securing Financing for Commencement. Project Pertinent Experience: Project Development Team, Project Design Management, Project LEED Certification Management, Project Permitting and Processing, Senior Housing Development Project, Affordable Housing Development Project, CRA Grant and Incentives Process Management. Project Role: Developer Team Member, Owner's Representative, Project Management, Contractor. Project Contact Information: Owner: NM 124 LLC Contact Person: Mr. Moe Yaghoubi Contact Information: 917.217.4841 Project Team: Executive Supervisor: Ivan Busto III Design Administration Project manager: Edel lima 11 DocuSign Envelope ID, F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 SIII s ected Friendly Group "Your Re p Proposer Recent Project Experience 1111110 RESIDENTIAL MIXED USE- COMMERCIAL 1 7 , 4411*: 'i---,.. , pin _ ^�- ;;L:-'1‘.---: I. ;11"i ,..„ ,, , ,.,.. ., • . .. , .. ,, _ , 4.?„...,. ., �\tttnt b tYi' _~nit,u, , , „F. . , .. , , _._ a__ , , .. .„ , . .„ 1 ,. - _, - -r S-re.,,. --_ ir - .. ,! � ,tit -.- - . 11 _te -,_ P,— _ = s -: > — FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/pier7/ Project Name: Pier 7 Project Information:This new construction ultra-Modern mixed-use development in the Miami River area, with over 400 linear feet on the water marine.This project to build a modern center in an increasingly upscale area. The project will offer boat slips and various luxury commercial spaces with the capacity to receive and entertain visitors. Amenities include: Commercial space for retails or restaurants, boat slips and covered parking a. Address - 600 NW 7th Ave., Miami, FL 33136 b. Architect & Interior Design —Kobi Karp Architectural & Interior Design Inc c. Asset Acquisition - $6.7 MM (2016) d. Project Development, Design & Construction Completion Cost - $ 45.5 MM (The Mixed-use project is currently undergoing design permitted process and renovations scheduled to be completed by first quarter of 2023) Project Status: Permitting Phase 12 DocuSign Envelope ID:F8A4C9F -75D8-47E3-ADFB-CEC1A17BCEB7 "Your Respected Friendly Group" Project Pertinent Experience: Project Development Team, Project Design Management, Project Permitting and Processing, Project Construction and Management. Project Role: Developer Team Member, Owner's Representative, Project Management, Contractor. Project Contact Information: Owner: MIAMI RIVER PROPERTY DEV LLC Contact Person: Mr. Javier Gomez Quintero Contact Information: 305.934.1525 Project Team: Executive Supervisor: Ivan Busto III Design Administration Project manager: Edel lima 13 DocuSign Envelope ID:F6A4C9F5-75D6 47E3-ADFB-CEC1A17BCEB7 Vy "Your Respected Friendly Group" Proposer Recent Project Experience GREEN-SUSTA/NABILITY-GOVERNMENT-PUBLIC SECTOR . C^ • _ } 1 C 4 ` y I -ib mi* . .. ii._ , :1 f� f w .E•�: - -ii . ir4 .4„t ..fit r .�. ,. ., ____ ..goi ._ - - - a..........----------Fi—a.........I\ ____. .... -4idli FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/miami-dade-public-housing/ Protect Name: Miami Dade Public Housing and Community Development (PHCD) Green Single- Family Homes (SFHs) Protect Information: Miami Dade Public Housing and Community Development (PHCD) Green Single-Family Homes (SFHs) - This is an new affordable housing government project with units ranging 1,500 to 1,700 Sq-Ft using green technologies which was supposed to be silver certification and for impeccable and professional performance (on time-on budget-over comply the green requirements) all units obtain the upgrade to Green Gold Certification, The new SFHs turn key project include the followings amenities and fixtures: interior porcelain tile throughout, 3 or 4 bedrooms, 2 or 3 bathrooms, complete kitchen, appliances, laundry room, hall, living room, family room, dining room, paved entry porch, concrete drive way, large landscape areas and perimeter property wood fence. a. Address—Various Sites on the know Miami Dade County Liberty City area b. Architect & Interior Design —Gallardo Architects Inc c. Asset Acquisition —unknown d. Project Completion Cost - $ 240,000.00 per unit (2019) Project Status: Completed 2019 Exhibit 3: See Attached CO & Florida Green Building Coalition Gold Certification Project Pertinent Experience: FGBC Green home Certification Standard (Project proposed as Silver Certification and Gold Certification Level was Achieved), Government Subsidized Project, Miami Dade Public Housing and Community Development Project. 14 DocuSign Envelope ID:F6A4C9F5 75D6 47E31A% BUSUIIIVIIV-Zato �., "\'oS !rRJpectedI4IIiiii$ !" - --. Project Role: Project Management, Contractor and Subcontractor Protect Duration: 08/2018—05/2019 Project Contact Information: Owner: MDC PHCD Contact Person: Mrs. Maria Rodriguez Porto Contact Information: 786.200.5902 Project Team: Executive Supervisor: Ivan Busto III Senior Project Manager: Jose Lugo Project manager: Pedro Rodriguez Project Superintendent/Foreman: Camilo Rodriguez 15 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 saJeuIuidII111I „Butiulm Proposer Recent Project Experience HISTORIC PRESERVATION— HOSPITALITY- COMMERCIAL I, b • J F�;' - -,, ., . . 7 ® �. ' ; I - , • � t !///' to - d /1 I `„ , ,, n i fii i t .t. ` S-. d:J4 //l i „ i" w 7i. T Sir s--lAirliiiiil. il!11o1 _ jUgi 1, r a ' II ( i.ifirr # FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/iberostar-berkeley-hotel/ Project Name: Iberostar Berkeley Hotel Project Information: It is the fists hospitality complex on South Florida of the prestigious Spain hotel chain "IBEROSTAR". The original building was constructed in 1935 as an Art Deco boutique hotel on the vibrant Collins Avenue and Lincoln Road (today the internationally famous known South Beach), only one block away from the beach.The Iberostar Berkeley's full renovation and new construction project consist in the preservation of the four level historic original building and has added a new Hi-Rise tower behind the original historic building, as well as new rooms and amenities like a beautiful rooftop deck with a heated swimming pool, Zen-garden, bar-restaurant and a fully equipped gym - all overlooking South Beach's iconic Collins Avenue. a. Address—1610 Collins Avenue, Miami Beach, FL-33139 b. Architect & Interior Design - Stantec c. Asset Acquisition - $6.5 MM (2013) 16 DocuSign Envelope ID:F6A4C9F5-75D6.47E3-ADFB-CEC1A17BCEB7 SSIUSUIM "Your Respected Friendly Groun- d. Project Development, Design & Construction Completion Cost- $ 25.5 MM (2017) Project Status: Completed 2017 Project Pertinent Experience: Project Development Team, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project, Restaurant Construction at Ground Level, Assets Operation Team. Project Role: Developer Team Member, Owner's Representative, Project Management, Contractor and Subcontractor Proiect Duration: 02/2015—07/2017 Project Contact Information: Owner: BERKELEY SHORE LLC Contact Person: Mr. Marcelo Tenenbaum Contact Information: 305.903.7381 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project manager: Pedro Rodriguez Project Superintendent: Camilo Rodriguez Project Foreman Structural and Roughs: Ricardo Martinez Project Foreman Finishes: Nelson Vazquez 17 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 SSUSUIIIII "Your Respected Friendly Group" Proposer Recent Project Experience HISTORIC PRESERVATION- HOSPITALITY- COMMERCIAL ! i 0 .. , n '.17 , I I, ./' 1 . , ,_ ''.,,,,,,.,...,,„....--' 10 —.."6.. '-- ,', . 0 - , , --____ fe4 1 „ 1 44 ' i 1 ._ , . .. , , . ___... ,.. , I w „ ___ ..._..., . , r .. ; .,,,,..,,„,„, ... . .,, IIINIA # . p t . ' » t, 4, _. NY Hot..i- Inmi H«rh,...F... . . . _, . . .s.0.. ..._u tiro._ ......,......., ,....r .......,u.r.. ..1.• FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/berkeley-park-hotel-sadigo/ Protect Name: Berkeley Park Hotel Project Information: Also known as "Sadigo Hotel", a boutique hotel in South Beach, built in 1936. The Berkeley Park's architecture revives the Mediterranean influences in Miami Beach's Architectural District. The full renovation and new construction project consist in the preservation of the three level historic original building and has added a new Mid-Rise five level tower behind the original historic building (property South wing), as well as new rooms and amenities like a beautiful rooftop deck with a heated swimming pool, central tropical patio, bar-restaurant and a conference rooms - all overlooking Park Avenue and 20 street. The hotel will resemble its original Mediterranean-inspired structure, with a stunning facade and archways, all surrounding an internal central tropical patio. a. Address - 334 20th Street, Miami Beach, FL 33139 b. Architect& Interior Design —Kobi Karp Architectural & Interior Design Inc c. Asset Acquisition - $12.9 MM (2016) d. Project Development, Design & Construction Completion Cost - $ 18.5 MM (The hotel is currently undergoing new construction and historic renovation scheduled to be completed by end of 2020) 18 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 %Illusion/ "Your Respected Friendly Group" Project Status: Completed 2021. Project Pertinent Experience: Project Development Team, Project Design Management, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project, Restaurant Construction At Ground Level. Project Role: Developer Team Member, Owner's Representative, Design Management, Project Management, Contractor and Subcontractor Project Duration: 10/2018—3/2021 Project Contact Information: Owner: SADIGO HOTEL LLC Contact Person: Mr. Marcelo Tenenbaum Contact Information: 305.903.7381 Project Team: Executive Supervisor: Ivan Busto III Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman Structural and Roughs: Ricardo Martinez Project Foreman Finishes: Naiviv Martinez 19 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 SI) ;,r r"Your espected Friendly (,ruup Proposer Recent Project Experience HISTORIC PRESERVATION—HOSPITALITY MIN 7711 Trrrrf 111111_i�- Ts4• .�- liftefit Et - sEL, e / x 1 ,.......,..r...;.,_. FLORIDA,..,...,:. .•,.n..,r,. n..-.......,. .vu.•... . .o..•......e....,..a»..«w.....«<o-«..r..,+<.•.....<.,rr.<c..v,.<.w.:r • ..<...µ.r.� FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/redbury-hotel-expansion/ Project Name: Redbury Hotel Expansion Protect Information: it is the old named or known as "Hotel 18" property adjacent to the existing original Redbury Hotel, this was a boutique hotel in South Beach, originally built in 1948 during the Miami Modern (MiMo) era. It is located steps away from the beach, the Convention Center and the iconic Lincoln Road, full renovation and new construction project consist in the preservation of the two level historic original building west portion and has added a new Mid-Rise five level tower behind the original historic building portion (property East wing), this project will add approximately 30,000 square feet and 69 rooms to the existing Redbury Hotel next door facing to Collins Avenue at east side. a. Address - 1775 James Ave, Miami Beach, FL 33139 b. Architect& Interior Design —Kobi Karp Architectural & Interior Design Inc c. Asset Acquisition - $11.6 MM (2016) d. Project Development, Design & Construction Completion Cost - $ 18.5 MM (The hotel is currently undergoing renovations scheduled to be completed by first quarter of 2021) 20 DocuSign Envelop.ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 "Your expected Friendly Group" Project Status: Under Construction. Protect Pertinent Experience: Project Design Management, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project. Project Role: Project Development Team, Developer Team Member, Owner's Representative, Design Management, Project Management, Contractor and Subcontractor Project Duration: 09/2019—Ongoing Proiect Contact Information: Owner: Red 18 LLC Contact Person: Mr.Jorge Savloff Contact Information: 305.290.3872 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman Structural and Roughs: Humberto Hernandez Project Foreman Finishes: Nelson Vazquez 21 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 S%4BILISUIM 1 OM Hr.perli•d I rlrndl, (ir•.. I, Proposer Recent Project Experience HISTORIC PRESERVATION-HOSPITALITY- COMMERCIAL T'It ..r/I 1 N 1 .P ' Pry ,K I '.pr' .6.$ �, 4. 1y ' M `� ' fir y- '`.. ,i. . a may,. FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/sobe-park-parkhotel/ Project Name: Sobe Park Hotel Project Information: it is the old named or known as "Park Hotel", a boutique hotel in the heart of Miami Beach, originally built in 1951 during the Miami Modern (MiMo) era, less than 5 minutes away from the newly renovated Miami Beach Convention Center and Miami's best attractions. SoBe Park full renovation and new construction project consist in the preservation of the two level historic original building south portion and has added a new Mid-Rise five level tower behind the original historic building portion (property North wing), as well as new rooms and amenities like a beautiful rooftop deck with a spectacular heated swimming pool, central tropical patio, bar-restaurant and a conference rooms. a. Address - 355 19th Street, Miami Beach, FL 33139 b. Architect& Interior Design —Revuelta Architectural International Inc c. Asset Acquisition - $7.1 MM (2019) d. Project Development, Design & Construction Completion Cost - $ 25.5 MM (The hotel is currently undergoing design permitted process and renovations scheduled to be completed by first quarter of 2022) Project Status: Permitting Phase 22 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 slusum Your Respected Friendly Group" Project Pertinent Experience: Project Development Team, Project Design Management, Project LEED Certification Management, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project, Restaurant Construction at Ground Level. Project Role: Developer Team Member, Owner's Representative, Design Management, Project Management, Contractor and Subcontractor Project Contact Information: Owner: PARK HOTEL LLC Contact Person: Mr. Marcelo Tenenbaum Contact Information: 305.903.7381 Project Team: Executive Supervisor: Ivan Busto III Design Administration Project manager: Edel lima 23 DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 slatipsum Friendly ( r u�" '•Your Respected } Proposer Recent Project Experience HISTORIC PRESERVATION-HOSPITALITY- COMMERCIAL ?ate • , r_.J • $.41 r r 111 FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/aqua-hotel/ Project Name: Aqua Hotel Project Information: a boutique hotel in the heart of Miami Beach, originally built in 1953 during the Miami Modern (MiMo) era, face on the vibrant Collins Avenue and very near to Lincoln Road (today the internationally famous known South Beach), with direct access to the beach. Aqua full renovation and new construction project consist in the preservation of the two level historic original building east portion and has added a new Mid-Rise five level tower behind the original historic building portion (property West wing), as well as new rooms and amenities like a beautiful rooftop deck with a spectacular heated swimming pool, central tropical patio, bar-restaurant and a conference rooms. a. Address - 1530 Collins Ave., Miami Beach, FL b. Architect & Interior Design—Revuelta Architectural International Inc c. Asset Acquisition - $8.9 MM (2010) d. Project Development, Design & Construction Completion Cost - $ 27.5 MM (The hotel is currently undergoing design process and renovations scheduled to be completed by the end 2022) Project Status: Design Phase Historic Preservation Board Approval Obtained 24 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Bun A v our Rt,uctcd F ricndl� (irou•.. I Project Pertinent Experience: Project Development Team, Project Design Management, Project LEED Certification Management, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project, Restaurant Construction at Ground Level. Project Role: Developer Team Member, Owner's Representative, Design Management, Project Management, Contractor and Subcontractor Project Contact Information: Owner: 1530 COLLINS LLC Contact Person: Mr.Jorge Savloff Contact Information: 305.290.3872 Project Team: Executive Supervisor: Ivan Busto III Design Administration Project manager: Edel lima 25 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADF&CEC1A17BCEB7 s„Busi.Am four Respected Friendly Group" Proposer Recent Project Experience HISTORIC PRESERVATION-HOSPITALITY- COMMERCIAL , . +♦�� I , 1. I' - F ..ii. _., .,-.. __,. •.,,, ,,,t7 t , . -:- 1,:.:- f ,..... .va-3-1"7----- - •;-. :';-,-„,-'.' , . _. . , 111141 4 . _ 'Aar fiK, P. : :, • ti, FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/sanctuary-hotel/ Project Information: a hotel in the heart of Miami Beach, originally built in 1951 Miami Modern (MiMo) era, posteriorly was renovated in reiterates opportunities (1984 and the last renovation in 2005), all renovations was indiscriminately violations of the CMB-HPB without any historic elements preservation conducing to the loss of all original historic values attributes, for this reasons Sanctuary building shall be fully demolished and new construction project consist in build a new Mid-Rise five level tower with surrounding area harmonization architectural elements, as well as new rooms and amenities like a beautiful rooftop deck with a spectacular heated swimming pool, central tropical patio and bar- restaurant. a. Address - 1745 James Ave, Miami Beach, FL b. Architect & Interior Design—Revuelta Architectural International Inc c. Asset Acquisition - $14.4 MM (2019) d. Project Development, Design & Construction Completion Cost - $ 19.5 MM (The hotel is currently undergoing design process and renovations scheduled to be completed by the end 2022) Project Status: Design Phase, Historic Preservation Board Approval Obtained 26 DocuSign Envelope ID:F6A4C9F5-7506-47E3-ADFB-CEC1A17BCEB7 SIILEUM `74t"Your Respected Friendly Group" Project Pertinent Experience: Project Development Team, Project Design Management, Project LEED Certification Management, Project Permitting and Processing, Historic Preservation Project, Hospitality Turnkey Project, Restaurant Construction at Ground Level Protect Role: Developer Team Member, Owner's Representative, Design Management, Project Management, Contractor and Subcontractor Project Contact Information: Owner: 1745 JAMES LLC Contact Person: Mr. Marcelo Tenenbaum Contact Information: 305.903.7381 Project Team: Executive Supervisor: Ivan Busto III Design Administration Project manager: Edel lima 27 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 sEiljsiimi .ate, "Your Respected Friendly Group" Proposer Recent Project Experience MUL TIFAMIL V RESIDENTIAL a i w,� > ritIkA ,___.:.._, ..... ..:.,,...„.....,........,____ _ ,- ellilk, ,.,...„,____:„,..,,,,,..„....„._ , __ ___,_ ---,.1.14',,,k - - _ _ ., , ._, __ _ I., ,__..........,.. ____„,.. , ,...._ .,,,... , IN ,,,,,, N ...........____ ,, III 4,/ ,-,L cr:,,,, , . .„ .,.._ . .. .........,...,, +,c ,, , _ ., . 4442.. , N. IIIIS 4 ' ' Y.....1k1. ' FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/the-palms/ Project Name: The Palms Project Information:This new construction High-end condo building project with cutting edge design and amenities, features eloquent architecture, connecting breezeways and unique tropical landscaping. Located in the exclusive Bay Harbor Islands on the east side of 102nd Street,just minutes away from the world-famous Bal Harbors Shops. The Palms building including nine levels with 42 luxury apartments of approximately 1,500 Sq-ft of living areas, all apartments with interior washer/dryer each and all high-end amenities included. a. Address - 1133 102nd St. Bay Harbor Islands, Florida 33154 b. Architect & Interior Design —Frankel Benayoun Architect Inc c. Project Development, Design & Construction Completion Cost - $ 18.5 MM (2018) Project Status: Completed 2018 28 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Nab SIyourespectedFriendlyGr,),II Project Pertinent Experience: Project Construction and Management. It* Project Duration: 08/2015 —08/2018 Project Role: Owner's Representative, Project Management, Contractor and Subcontractor, Assets Operation Team Project Contact Information: Owner: BH BAYVIEW LLC Contact Person: Mr. Jorge Savloff Contact Information: 305.299.3872 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman Structural and Roughs: Ricardo Martinez Project Foreman Finishes: Nelson Vazquez 29 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 Sp\t '1••Your espected Friendly Group" Proposer Recent Project Experience MULTIFAMILY RESIDENTIAL p. ` Tit f •�.,iW. + 1{ rim' ,,. 40 . rr! •r'.. ', 4 '';•. . ',_ - ----- , lit ,,,, ., -:,... _ . , 4 • i r. - .- I -.1,11,- . .....4 .--,...,;. ,. ____ 1q . ... ile _. ., 'A I* I 1I . , I ,„ -- ' : , .4 , .--,_:ii , li 1-,......., - r t FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/the-highlands/ Project Name: The Highlands Project Information:This new construction High-end condo building project features an eloquent and distinctive exterior design volumetric architecture by renewed and worldly famous architect Mr. Carlos Ott. Located in the City of North Miami Beach on the east side of Biscayne Boulevard,just minutes away from the world-famous Aventura Mall, near of beach and everything. The Highlands building including nine levels with 60 luxury apartments of approximately 1,200 Sq-ft of living areas, ten upper rooftop private terraces for Penthouses, all apartments with interior washer/dryer each and all high-end amenities included. a. Address—13800 Highlands Drive, North Miami Beach, FL b. Architect & Interior Design —Frankel Benayoun Architect Inc & Mr. Carlos Ott c. Asset Acquisition - $2 MM (2016) d. Project Development, Design & Construction Completion Cost - $ 19.5 MM (2019) Project Status: Completed 2019 30 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 S "Your expected Friendly Group" Project Pertinent Experience: Project Construction and Management. Project Duration: 04/2018—05/2020 Project Role: Project Development Team„ Owner's Representative, Project Management, Contractor and Subcontractor, Assets Operation Team Project Contact Information: Owner: Nicover LLC Contact Person: Mr. Jorge Savloff Contact Information: 305.290.3872 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman Structural and Roughs: Ricardo Martinez Project Foreman Finishes: Alex Rodriguez 31 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 S DUSAN "Your Respected Friendly Group" Proposer Recent Project Experience INSTITUTIONAL/GOVERNMENT PUBLIC SECTOR f 4 ,l 11. _, FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT https://buslam.com/portfolio-item/miami-dade-water-sewer-department/ Protect Name: Miami Dade Water and Sewer Department (WASD) Project Information: Main office building interior and exterior facade renovation Address—3575 S Le-Jeune Rd, Miami, FL 33133 Architect & Interior Design —Gallardo Architects Inc Asset Acquisition — N/A Project Development, Design & Construction Completion Cost - $ 1.4 MM (2018) Project Status: Completed 2018 Project Pertinent Experience: Government Subsidized Project, Miami Dade Water and Sewer Department Project. Project Duration: 10/2017—07/2018 Project Role: Prime Contractor. 32 DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 t. sustain ,*-Your Respected Friendly Group' Project Contact Information: Owner: MDC WASD Contact Person: Mr. Jules Durand Contact Information: 786.229.8568 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman: Nelson Vazquez 133 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 sEilusiiivi Your Respected Friendly Group" Proposer Recent Project Experience INSTITUTIONAL/GOVERNMENT PUBLIC SECTOR 014- ., , ::....,_ ' .:. , .ii., ' r i. - :41.4e . %is • •Alk 'i., ..:-:•Ow 4 i." f- . , . 11' 0" .4*.g.o., , ‘.. : )1 it ' Ill .'*- ' V" ;ir•';•:''.: ,- 41,t 7 pow M.M Aft . , It� Ji i -7- . �.a . .� - __ t..::•221.- •" r '"'.' , •' '. � `"!.•'- = . • Project Name: North Beach Ocean Side Park Revitalization Project Information: Full Park Renovation and Revitalization Address—Collins Ave 87-79th Street Architect& Interior Design —Calvin Giordano Asset Acquisition —N/A Project Development, Design & Construction Completion Cost - $ 8.9MM Project Status: Completed 2023 Project Pertinent Experience: Government Subsidized Project, City of Miami Beach Park and Recreation Capital Improvements Project Duration: Ongoing Project Role: Prime Contractor. Project Contact Information: Owner: City of Miami Beach Contact Person: Mr. Rodney Perez 34 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 sk,BusiAvi "'Your Respected Friendly Group" Contact Information: 786.682.8302 Project Team: Executive Supervisor: Ivan Busto Jr Senior Project Manager: Jose Lugo Project Manager/Superintendent: Pedro Rodriguez Project Foreman: Nelson Vazquez 35 DocuSign Envelope ID. F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 APPENDIX C MIAMI BEACH Prevailing Wage and Local Workforce Participation Programs 0 Ijj•I . .I- - - . - I . . . . B . Su .r DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 The Requirements of the Prevailing Wage and Local Workforce Participation Programs shall apply to the award of this project. The purpose of this appendix is to summarize, for clarity, the requirements of the City's Prevailing Wage and Local Workforce Program Requirements. In the event of any omissions or conflicts, the requirements of the City Code, with respect to these programs, shall prevail. I. MINIMUM WAGES AND BENEFITS 1. Employee Compensation. The rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by the contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. (reference: Sec 31-27). 2. Notice Requirement. On the date on which any laborer or mechanic commences work on a construction contract to which this article applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article. (reference: Sec 31-29). 3. Certified Payrolls. With each payment application, Contractor shall submit a copy of all payrolls, including (at a minimum) the name and zip code for the covered employee, to the City accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning, January 30, 2018, all payroll submittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a. LCP Tracker Training. The Procurement Department offers ongoing training in LCP Tracker to all contractors. To schedule a training session, contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. II. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit (RCA). As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the Contractor shall submit a Responsible Contractor Affidavit affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The Contractor shall also affirm that it will make its best reasonable efforts to promote employment DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 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:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form In accordance with Article III,Section 31-40 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract valued in excess of$1,500,000 for(i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or(ii)a contract valued in excess of$1,500,000 which provides for privately-funded construction, demolition, alteration and/or repair of buildings or improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements of the Local Workforce Participation Program. The undersigned Contractor affirms that, should it be awarded the contract pursuant to this solicitation, it shall comply with the following: i. The contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. ii. The contractor will also make its best reasonable efforts to promote employment opportun' ' for Miami Beach residents. To verify workers' residency, contractor(s)shall provide the residence address of each worker / IVAN BUSTO III PD r . Print Name of Affiant Print Title of Affiant Sig re of A ant BUSLAM COMPANY PARTNERS, INC. 10/12/2022 Name of Firm Date 960 ARTHUR GODFREY ROAD SUITE 206 MIAMI BEACH FL 33140 Address of Firm State Zip Code DocuSign Envelope ID F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 APPENDIX D MIAMI BEACH Trench Safety Act Certification Only ap•Iicable if checked in the Invitation to Bid Summary DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 TRENCH SAFETY ACT CERTIFICATION PAGE 1 OF 1 IF APPLICABLE, THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ BUSLAM,COMPA ERS, INC. DNA BUSLAM Narr f Bidder ,� Au orized .gnatur of Idder // CONSIDERATION FOR INDEMNIFICATION OF CITY L_ Consideration for Indemnification of City $25.00 (Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form in order to be considered responsive.] DocuSign Envelope ID: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 APPENDIX B BID BOND FORM Onl a••Iicable if checked in the Invitation to Bid Summar DocuSign Envelope ID:F6A4C9F5-7506-47E3-ADFB-CEC1A17BCEB7 BID BOND Page 1 of 2 BUSLAM KNOW ALL MEN BY THESE PRESENTS, that we, dba BUSLAM Company Partners Inc. 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.: 2022-310-AY Title: Bayshore Park 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: F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 BID BOND Page 2 of 2 IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the 20th day of October _ . 2022 PRINCIPAL: BUSLAM Company Partners Inc. dba BUSLAM (Contr. ► .r e) 'ignature Lv0-.' "SS,, Print Name (Principal) Title COUNTE IGNED BY RESIDENT SURETY: FLORI A GENT F SURETY 4' Philadelphia Indemnity Insurance Company Signature (Surety Name) Warren M. Alter Wa M. Alter Print Name Attorn y-in act(Pont Name) itv Signature (CORPORATE SEAL) (Power of Attorney must be attached.) DocuSign Envelope ID.F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 PHILADELPHIA INDEMNITY INSURANCE COMPANY' One Bala Plaza.Suite 100 Bala Cynwyd,PA I9004-0 t) 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 I.Swine.Warren M.Alter and J•nathan A.Bursesleh or Alter Surety(:roue.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 SSO000.000. This Power of Attorney 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 14ei of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:t 1)Appoint Attomey(s)in Fact and authorize the Attomcy(sl 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 he 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 IIAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH.2021. yniie • s". iki tit . (Seal) .,,w W lob Glomb. President, CEO Philadelphia Indemnity Insurance Company On this S'"day of March.2021 before me came the individual who executed the preceding instrument,to me 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• \/ �/ 0o•enonw•Mn attr•nnriv• Na-Notary Sou r a-�� r i `---"e.e-c —,� Venoms Maim*.Notary Pubicc Mont9Om•ry Crotty My oonrI l.s•Xpir••Novmb•r 3,2024 Commisatonnumber t38639• r tWnM,••nnirtso-+orrainien W N•ruw 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 S'"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. 20th October Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of .20 22 a�' f r tt Edward Sayagu,Corporate Secretary rli It s'' PHILADELPHIA INDEMNITY INSURANCE COMPANY may'' DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 slausum "Your Respe cted Friendly Group' 11-03-2022 Reference: Bayshore Park Project ITB: ITB 2022-310-AY Request:The Procurement Department is currently reviewing BUSLAM Company Partners Inc. bid submittal pursuant to ITB 2022-310-AY, Bayshore Park. The Project Specific Information & Requirements section of the ITB,Minimum Requirements sub-section, requests that the Bidder or subcontractor or their principals must have experience with installation of 1000-LF of large diameter(larger than 16-inches)water or sewer pipe installation project,completed or ongoing, within the last ten (10)years,with a hard construction cost of at least$2 million. In an effort to comply with this requirement,please indicate which projects completed by the Bidder or its subcontractor meet this requirement. Please submit the following submittal requirements for the applicable projects: 1)Contact Name,Telephone&Email,3) Project Address,4) Narrative on Scope of Services Provided,5) Hard Construction Cost and Completion Date. To whom it may Concern, BUSLAM COMPANY PARTNERS, INC. is expecting to utilize All Construction &Plumbing Inc.as the subcontractor for the civil portion of the work at the above referenced project,to satisfy the requirement above the following are the project competed by this company which comply with the minimum qualification requirements: 1. Larry Penny Thompson Park Phase 1 1,600 LF of 16"Sewer main 5 Manholes 9,000 LF of Sewer laterals 6" 7,600 LF Water line 2"/1" 180,000 SF Asphalt Lift Station Install Contract amount$2,500,000 Reference Contact info: Sebastian Fraiese (305)495.0105 12/2020-11/2021 2. Larry Penny Thompson Park Phase 2 1,250 LF of 16"Sewer main 6 Manholes 12,000 LF of Sewer laterals 6" 10,500 LF Water line 2"/1" BUSLAM 960 Arthur Godfrey Rd.Suite 206 Miami Beach,FL 33140 O.305.763.8166 I F.305.531.4440 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 SJSL1 SWUM our Respected Friendly Group" 240,000 SF Asphalt Contract amount$3,000,000 Reference Contact info: Sebastian Fraiese (305)495.0105 12/2021—11/2022 3. Crystal Cove 30 Catch Basin 2,400 LF 18"ADS Drainage pipe 500 LF 12" Force main 800 LF of Sewer laterals 6" 800 LF Water line 12" 150,000 SF Asphalt Contract amount:$2,000,000 Reference Contact Info:Jamal Beveny(407)920.7486 01/2020—12/2020 4. Marathon Key 35 Catch Basin 2,500 LF 18"ADS Drainage pipe 700 LF 12" Force main 950 LF of Sewer laterals 6" 750 LF Water line 12" 130,000 SF Asphalt Contract amount$3,000,000 Reference Contact info:Jamal Beveney(407) 920.7486 01/2020—02/2021 We hope this letter is to your satisfaction and we look forward to hearing back from you soon. Sincerely, Ivan Busto III President BUSLAM 960 Arthur Godfrey Rd.Suite 206 Miami Beach, FL 33140 O.305.763.8166 I F.305.531.4440 DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID. F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 TYPE 10 — CONSTRUCTION W/O DESIGN AND PROFESSIONAL SERVICES (INSTALLATION FLOATER) INSURANCE REQUIREMENTS The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than 10,000,000 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. 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.) E. Umbrella Liability Insurance in an amount no less than $20,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the DocuSign Envelope ID:F6A4C9F5-75D6-47E3-ADFB-CEC1A17BCEB7 contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a�riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement.