Loading...
Contract between CMB & Team Contracting, IncDocuSign Envelope ID: 47D633C7-60334922-99FE-E9FF8071 B47F 2 0 2 3 _ 3 2 6 7 4 DocuSign Envelope ID: OC3F794B-FF33-4E9F-B8DE-AE2C5732BA97 CONTRACT Contract no. 23-096-01 THIS CONTRACT ("Contract") is made and entered into as of 11/21/2023 I Z by antl EST between the City of Miami Beach, Florida, a municipal corporation (the "City") and TEAM CONTRACTING, 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 No. and Title: RFQ-2023-096-KB-JOB ORDER CONTRACTING SERVICES The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation by reference to the General Conditions for Construction Contracts dated April 13, 2020, the Formal Solicitation Terms & Conditions — Goods and Services dated October 27, 2022, and the Terms and Conditions — Contract Provisions for Federal Awards dated August 20, 2020, are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Attachment A (the City's General Conditions for Construction Contracts), Attachment B (Plans and Specifications, Invitation to Bid No. 2023-096-KB and all Addenda thereto), Attachment C (Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (Insurance requirements). Contractor may reject the assignment of a task order with good cause by providing the City with written notice detailing the specific reasons for rejection within three (3) business days of notification of a task order assignment. However, a determination of good cause is not guaranteed and shall be made in the City Manager's sole discretion. If the Contractor declines three (3) work orders without good cause, the City may terminate this Agreement. Contractor acknowledges that rejecting a task order for any reason may affect Contractor's ability to receive an equitable distribution of work under the Agreement. The contract is an indefinite -quantity contract for construction work services. The Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors: DocuSign Envelope ID:47D633C7-B033-4922-99FE-E9FF8071B47F DmSign Envelope ID: oC3F794B-FF3'3-4 E OF-BSDE-AE2C573?SA07 Contract no. 23-096-01 VERTICAL CONSTRUCTION PROTECTS Projects with Routine Wages jexclude5 prevailing wages, Davis Bacon wages and local workforce requirements) Adjustment Factor Name Bid Adjustment Factor Adjustment Factor for Projects with Routine Wages and Normal Working Hours (excludes prevailing wages, Davis Bacon wages and local workforce requirements) 1. 1.U189 Norma Work.ng Htntr, Adjustment factor means me hours contained * the a ;O2 ble na se ordmn ,ce, and in the e-vent there is no appi able noise ordinance, means the hours from 7:W a.m- to 4.00 p.m, Monday through Friday, etce t for City Mc id Adjustment Factor for Projects with Routine Wages and Other Than Normal Working Hours (excludes prt-vailing wages, Davis Bacon wages and local workforce requirements) 2 1,1867 Other Than Normal Working "ours Adj^ ,tment Factor: means the hours outside the applica b%e noise ordinance, and ;n the event there is no applicable noise ordinance, means the hour, of 4:02 p.m. to 6:59 a. r. f.lor c r to w— Ftida'r and all day 52^uda , Sunday, and Cly Ho6cla s. VERTICAL CONSTRUCTION PROJECTS Projects vrith Prevailing Wages (prevailing usages, Davis Bacon wages and local workforce requirements) Adjustment Factor Name Bid Adjustment Factor Adjustment Factor for Projects Prevailing Wages with Normal Working Hours (includes prevailing wages, Davis Bacon wages and local workforce requirements) 1 1,1473 Normal Working Houn Adjustment Factor mean: the hour, contained in the app%able anise o.dinanceand in the evert there is no appl;cable noise ordinance. means the hour. from 70D a.m. to b:ClD p.m. Monday through frtday, emelat for City Holidays. Adjustment Factor for) Prevailing Wages with Other Than Normal Working Hours (includes prevailing wages, Davis Bacon wages and local workforce requirements) 2 1.2311 011-er Than Normal Working Hours Adjustment Factor: mean: the hours outside the applicable rise ordinance. and in the eve nt there is no applicable noise ordinance, means the hours of ':01 p.m. to 6:54 a.m. Mora', through Friday and i0l day Saturday, Sunday, and City tWdays. Partial and Final Payments will be made as provided for in the Contract Documents. DocuSign Envelope ID: 47D633C7-B0334922-99FE-E9FF8071B47F DocuSign Envelope ID: OC3F794B-FF33-4E9F-B8DE-AE2C57328A97 Contract no. 23-096-01 Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Office of Capital Improvement Proiects 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Office of Capital Improvement Proiects Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: TEAM CONTRACTING, INC. 13911 SW 42N1 Street, Suite 209 Miami, FL 33175 Attn: Daniel Gell Ph: 305-207-9799 Email: dgellAteam-contractinq.com DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F DocuSign Envelope ID: OC3F794B-FF33-4E9F-B8DE-AE2C57328A97 Contract no. 23-096-01 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA DocuSigned by: �f � �. GV'aln.ade By: _ g Rafael E. Granado, i�erk aT. Hudak, ty Manager APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION t City Attorney r Date CONTRACTOR: TEAM CONTRACTING, INC. By: 0 (� � 4 Name: Uh't — [seal] rn y� P/Qfld6 °j°°eje4lleueHe°°°° DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ATTACHMENT A CITY OF MIAMI BE H R S & COND DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F I AI A.nAIRFACH 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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, I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071B47F at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. "Parties" means City and Contractor, and "Party" is a reference to either City or Contractor, as the context may indicate or require. "Plans" means the drawings or reproductions thereof prepared by the Consultant, which show the location, character, dimensions and details of the Work to be done, and which are a part of the Contract Documents. "Project" means the improvements described in the Contract Documents and all Work that is contemplated thereby or reasonably inferable therefrom. "Project Initiation Date" means the date upon which the Contract Time commences "Project Manager" means the authorized individual which is the representative of Contractor and who will administer and manage the prosecution of all Work on behalf of the Contractor. "Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or Consultant, identifying matters that remain to be completed to achieve Substantial Completion and to be completed between achievement of Substantial Completion and Final Completion in order that Final Completion can be declared by City to have occurred. "Purchase Order" means the written document issued by the City to the Contractor indicating types, quantities, and/or agreed prices for products or services to be provided to the City. "Responsible Bidder" means an offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance, including, without limitation, the factors identified in Section 2-369 of the City Code. "Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. "Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract Price. "Specifications" means the general term comprising all of the written directions, provisions and requirements contained in the Contract Documents, as amended, describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or equipment used directly or indirectly by the Contractor in the prosecution of the Work. "Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract Documents such that all conditions of permits and regulatory agencies have 4 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the City, without material interference from incomplete or improperly completed Work and with only minor punch list items remaining to be completed, all as reasonably determined by the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the Consultant; and (3) acceptance of such Certificate of Substantial Completion by the City pursuant to the Contract Documents. "Surety" means the surety company or individual which is bound by the bid bond, or by the performance bond or payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. "Work" means all construction and services required by or reasonably inferable from the Contract Documents for the completion of the Project, including the provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection, demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and governmental approvals, testing and inspection services, quality assurance and/or quality control inspections and related certifications, training, surveys, studies, supervision, and administration services to be provided by the Contractor, and other items, work and services that are necessary or appropriate for the total construction, installation, furnishing, equipping, and functioning of the completed Project, together with all additional, collateral and incidental items, work and services required to achieve Final Completion in accordance with the Contract Documents. 1.2. Interpretation of the Contract Documents. 1.2.1. As used in the Contract Documents, (i) the singular shall include the plural, and the masculine shall include the feminine and neutral, as the context requires; (ii) "includes" or "including" shall mean "including, but not limited to" and "including, without limitation;" and (iii) all definitions of agreements shall include all amendments thereto in effect from time to time. 1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required to perform a service or obligation "at its sole cost and expense" or words of substantially similar meaning, the Contractor shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be included in any Application for Payment. 1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. 1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any item of Work called for in any Contract Document shall be as binding as if called for by all, so that any part of the Work shown or described in any of the Contract Documents, though not specifically referred to in other Contract Documents, shall be executed by Contractor and binding as a part of the Contract Documents, as well as any Work which, in the sole opinion of City, may be fairly inferred from the Contract Documents or by normal industry practice. I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work. Specifications and detailed plans which may be prepared or approved by City after the execution of the Contract and which may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications and plans, and that portion of the Work shown thereby shall be performed without any change in the Contract Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the larger scale drawing shall govern, unless otherwise dictated by Consultant. 1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract Documents and where these requirements within the Contract Documents conflict in quantity or quality, the Contractor shall comply with the most stringent requirement as determined by the City, unless specifically indicated otherwise in the Contract Documents. 1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references to an Article include all Sections, Subsections, and items within that Article; references to a Section include all Subsections and items within that Section; and references to a Subsection include all items within that Subsection. 1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such recognized or well-known meaning, unless the Contract Documents otherwise specifically define such word. 1.2.9. The Recitals, Appendices, Exhibits and Schedules attached hereto are expressly incorporated in and made a part of the Contract Documents as if fully set forth herein. ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS. 2.1. Intention of City. It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the Contract Documents, the following order of precedence shall govern the interpretation of the Contract Documents: a. Change Orders or Amendments to this Contract (excluding the Plans and Specifications); b. The Contract Documents (excluding the Plans and Specifications); c. Modifications or changes to the completed Plans and Specifications, as approved by the City; d. The completed Plans and Specifications, as approved by the City; and e. The ITB. In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended, shall take precedence and control. > 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 I General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 3.6.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 3.6.6. The Construction Superintendent must have at least five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five (5) years of experience in projects of similar design, scope, size and complexity. 3.7. Subcontracts. 3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 3.7.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain the following provisions (or shall incorporate the following provisions by reference) and shall state: a. that the Subcontractor irrevocably submits itself to the original and exclusive jurisdiction and venue in Miami -Dade County, Florida, with regard to any controversy in any way relating to the award, execution or performance of the Contract Documents and/or such Subcontractor's agreement, and whereby the Subcontractor agrees that service of process on it may be made to the person or entity designated in the Subcontract; b. that the City shall not be in privity of contract with the Subcontractor and shall not be liable to any Subcontractor under the Contract Documents or any such subcontract, except for the payments of amounts due to the Subcontractor under its subcontract in the event that the City exercises its rights under any assignment of the subcontract and requests or directs the Subcontractor to perform the portion of the Work covered by its subcontract; C. that the City is a third -party beneficiary of the Subcontract, entitled to enforce any rights thereunder for their respective benefits, and that, subject to the terms of the applicable Subcontract, the City shall have the same rights and remedies vis-a-vis such Subcontractors that Contractor shall have, including the right to be compensated for any loss, expense or damage of any nature whatsoever incurred by the City resulting from any breach of such Subcontract by Subcontractor, any breach of representations and I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID47D633C7-B033-4922-99FE-E9FF8071B47F 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. i. 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; 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. I I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 Workina Drawinas. 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 11 1 General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 ANYWAY, 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Contingency, and use of such funds are subject to the City's prior written approval and issuance of a Change Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. ARTICLE 5. APPLICATION FOR PAYMENT. 5.1. Applications for Payment for the Work performed by Contractor shall be made monthly based upon the percent completion of the Work for each particular month and in accordance with the Contract Documents. The percent completion shall be based upon the updated and City -approved Project Schedule as required by the Contract Documents Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant or City. Contractor shall include, with each Application for Payment, an updated progress schedule as required by the Contract Documents and a release of liens and consent of surety relative to the Work which is the subject of the Application. Following submission of acceptable supporting documentation along with each Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in the Contract Documents. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. 5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the Contractor in the following circumstances: a. correction or re -execution of Work which is defective or has not been performed in accordance with the Contract Documents and which the Contractor has failed to correct in accordance with the terms of the Contract Documents; b. past due payments owed to Subcontractors for which City has not been provided an appropriate release of lien/claim (whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract Documents' requirements or uncured Default of this Contract by the Contractor; I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID. 47D633C7-B033-4922-99FE-F9FF8071B47F 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. I �) I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 6.1. Time for Completion. Time is of the essence throughout this Contract. Contractor shall perform the Work so as to achieve Substantial Completion within the number of days specified for Substantial Completion in the Invitation to Bid Summary, and the Project shall be completed and ready for final payment as set forth herein within the number of days specified for Final Completion in the Invitation to Bid Summary, with such Final Completion date calculated from the date certified by Consultant as the date of Substantial Completion. 6.2. Project Schedule; Preliminary Matters. As a condition of issuance of a Notice to Proceed for the construction of the Work (typically, NTP2), Contractor shall submit to Consultant for Consultant's review and acceptance: 6.2.1. A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval, in accordance with the Project Scheduling Format required in the Invitation to Bid Summary. (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to Consultant and City. Monthly, Contractor shall submit with each Application for Payment an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month ("Progress Schedule"). CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY (including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall not constitute or be construed as City's approval of the Progress Schedule itself, or as approval of any change to the Project Schedule. Any changes to the Project Schedule, if agreed to, shall be memorialized in a duly executed Change Order. It is strongly recommended that Contractor or the professional who performs scheduling have a vast knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. 17 1 General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 16 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 Co 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 l y I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 20201 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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. Ail 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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-Conformina 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 1 General Conditions for Construction Contracts JApril 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project Site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1) monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping all incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards, and removing screening on fences and signs; (5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away, and removing all non -essential barricades; and (6) the documenting of conditions of the project and the surrounding area before and after the incident (photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract Documents. 8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that, the ones indicated are in their true location. As part of the Contract Price, it shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the plans. 8.7.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other 28 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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. 2y I General Conditions for Construction Contracts )April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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, 31d Floor, Mlami, 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 1 1 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 c/o 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 10.3. Change Orders. 10.3.1. Changes in the quantity or character of the Work which are not properly the subject of Field Orders or supplemental instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall only be authorized only by Change Orders approved in advance by the City. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. No Change Order shall take effect until Contractor delivers a Consent of Surety increasing the Performance Bond and Payment Bond by the amount of the Change Order. 10.3.2. All Change Orders which exceed the then -remaining amounts available in the Owner's Contingency shall be approved by the City Commission. All other Change Orders, if funded by then -remaining amounts available in the Owner's Contingency, shall be approved in advance by the City Manager or the City Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may elect to present any proposed Change Order to the City Commission for its consideration. 10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing. Within seven (7) business days of Contractor's receipt of such request from the City, Contractor shall provide City with a rough "pencil copy" estimate of the cost and/or time impacts associated with the request. Within twenty-one (21) days of Contractor's receipt of City's initial request, the Contractor shall submit a detailed proposal to the City stating (i) the proposed increase or decrease, if any, in the Cost of the Work which would result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such proposed change, and (iii) supporting data and documentation, including any requested by the City in its change request. 10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a detailed cost breakdown and sufficient substantiating data to permit evaluation by the City. If the Contractor does submit a proposal within the preceding seven (7) business day time period, the City shall, within twenty-one (21) days following its receipt of such proposal, notify the Contractor as to whether the City agrees with such proposal and wishes to accept the Contractor's proposal. If the City agrees with such proposal and wishes to accept the same, the City and the Contractor shall execute a Change Order which at a minimum specifies: i) the detailed scope associated with the change to the Work; ii) the amount of the adjustment in the Contract Price, if any, and (iii) the extent of the adjustment in the Contract Time, if any. In the event the City disagrees with the Contractor's proposal, the City may either (i) notify the Contractor that the City has decided to not proceed with or approve the requested change, or (ii) issue a Change Order as provided below. 10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum (inclusive of all overhead and profit) properly itemized and supported by sufficient substantiating data to permit evaluation by the Consultant and City; b. by unit prices as may be specified in the Contract Documents or subsequently agreed upon; C. by time and materials or "cost of the Work" (as defined herein) and a mutually acceptable fixed or percentage overhead and profit fee for the Contractor. 14 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 10.3.6. If none of the methods set forth above are agreed upon, the Contractor, provided it receives a written Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed with the Work involved, subject to Contractor's reservation of rights as to disputed amounts (with such reservation of rights identifying the precise nature of the dispute, the facts in support of the Contractor's position, and the maximum amount and/or time sought by the Contractor). The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change, including a reasonable overhead and profit in accordance with this Article. With respect to any such Change Order Work, the City, with the Consultant, will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written approval by the City. With respect to all Change Orders, Contractor shall keep and present, in such form as the City may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work. 10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price associated with such Work as stated in the Contractor's schedule of prices bid, as set forth in Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Contract Documents, as may be amended by Change Order. If additional unit price work is ordered, then the Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s) of work performed at the appropriate original schedule of prices bid associated with such Work. 10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the Contract Price, by way of a deductive Change Order. 10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the Contract Price, multiplied by the percentage specified for overhead and profit in the Change Order, provided, that the overhead and profit markup or fee shall be as follows: (1) if the Change Order Work involves self -performed Work performed by the Contractor's own forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent (10%) of the net change in the Contract Price; or (2) if the Change Order involves Work performed by Subcontractors or Suppliers, or both, the overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors and Suppliers at all tiers shall not exceed ten percent 10% of the net change in the Contract Price, and the Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one half percent (7.5%) of the net change in the Contract Price. For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit fee, as applicable to the Contractor, Subcontractors or Suppliers. 10.4. Value of Change Order Workl"Costs of the Work". The term "cost of the Work" means the sum of: `i I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071B47F 10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in the "cost of work" as defined herein. 10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. Contractor's fee shall not exceed ten percent (10%). 10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. Contractor's fee for overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent (10%) of the net change in the Contract Price. 10.4.4. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%). 10.4.5. Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order involving special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 10.4.6. Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or expenses; 36 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor. c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. e. The cost of utilities, fuel and sanitary facilities at the Project Site. f. Receipted minor expenses such as long distance telephone calls, telephone service at the site, express delivery services (FedEx, UPS or couriers, and the like), internet or other telecommunications services, and similar petty cash items in connection with the Work. g. Cost of premiums for additional bonds and insurance required because of changes in the Work. 10.4.7. The term "cost of the Work" shall not include any of the following items, as such items are expressly not to be reimbursed: a. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed - upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project Site. c. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not compensated by insurance or otherwise, if such losses and expenses are due to infidelity on the part of any employee of Contractor, any Subcontractor or Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or others to I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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; 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; 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F r. Costs incurred after the Contractor's application for final payment; s. Any outside legal fees; t. Costs of materials and equipment stored off -site, except upon the prior written approval of the Contract Administrator in accordance with the Contract Documents. 10.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 10.7. Where the quantity of any item of the Work that is covered by a unit price is increased by more than thirty percent (30%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 10.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 10.8.2. Whenever a Change Order involves Contractor and one or more Subcontractors, and the Change Order increases in the Contract Price, the overhead and profit markups for Contractor and each Subcontractor in accordance with this Article shall be itemized separately. 10.8.3. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." 10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN EXTENSION OF TIME, SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of whether such delay results in an extension of the Contract Time; provided, however, Contractor's hindrances or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the performance of the Work, and then only where such acts continue after Contractor's written notice to the City of such alleged interference. General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 (ii!) 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 '' I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 I I General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay, they shall enter into a Change Order documenting the same. If the City and Contractor cannot resolve a request for time extension made properly and timely under this Section within sixty (60) days following Contractor's initial notice of the events giving rise to the request for a time extension, the Contractor may re -submit the request as a Claim in accordance with the Contract Documents. 10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to claim delay due to Excusable Delay, whenever an Excusable Delay shall occur, the Contractor shall use all reasonable efforts to overcome or remove any such Excusable Delay, and shall provide the City with written notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing, whenever there shall be any Excusable Delay, the Contractor shall use all reasonable efforts to adjust the Project scheduling and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent reasonably practicable, any Excusable Delay giving rise to an actual extension in the time for performance of the Work. If there are corresponding costs associated with any of the measures which the Contractor deems necessary or desirable to minimize any adverse effects resulting from any Excusable Delay, the Contractor shall advise the City of such anticipated associated costs and shall not proceed with such measures absent the City's executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to entitle the Contractor to any adjustment in the Contract Price or any other damages, losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undertake any recommendations suggested by the Contractor as a means of minimizing the adverse effects of any Excusable Delay. 10.13. Differing Site Conditions. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project Site which could not have reasonably been identified by Contractor upon prior investigation, and materially differ from those indicated in the Contract Documents, or if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, then Contractor shall promptly notify the City within two (2) business days of the specific materially differing site conditions, before the Contractor disturbs the conditions or performs the affected Work. 10.13.1. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Contract Documents. Should Consultant determine that the conditions of the Project Site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City 42 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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; ,:4 1 General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials, services, or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non - fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City (if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and any property related to this Contract that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Contract, except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty- 45 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. No act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. ARTICLE 14. MISCELLANEOUS. 14.1. Separate Contracts. 14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's own forces, to award separate contracts to other contractors or subcontractors, and to permit third parties to perform construction or operations in connection with other portions of the Project or other construction or operations on the Project Site or adjacent to the Project Site. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 14.1.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. 14.1.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractors, including the City's own forces, on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. Coordination with other contractors shall not be grounds for an extension of time or any adjustment in the Contract Price. Contractor agrees that its pricing of the Work and the determination of the Contract Price were expressly based upon the Contractor's assumption of the foregoing cost risks 14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to integrate the work to be performed by the City or by the other contractors with the performance of the Work, and shall submit such plan to the City for approval. The Contractor shall arrange the performance of the Work so that the Work and the work of the City and the other contractors are, to the extent applicable, properly integrated, joined in an acceptable manner and performed in the proper sequence, so that any disruption or damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 14.2. Lands for Work. 14.2.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 49 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 14.2.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 14.3. Assignment. Neither the City nor the Contractor shall assign its interest in this Contract without the written consent of the other, except as to the assignment of proceeds. Notwithstanding the foregoing, City may assign its interest in this Contract or any portion thereof to any local or state governmental body, special taxing district, or any person authorized by law to construct or own the Project. Such assignee shall be bound to comply with the terms of this Contract. 14.4. Rights of Various Interests. Whenever work being done by City's forces or by separate contractors is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract Documents, , the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 14.5. Legal Restrictions and Traffic Provisions. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 14.6. Value Engineering. Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 14.7. No Interest. Any monies not paid by City when claimed to be due to Contractor under this Contract, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 14.8. Project Sign. Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines. 50 1 General Conditions for Construction Contracts )April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 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. 1 1 General Conditions for Construction Contracts (April 13, 2020( DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 14.13. Public Entity Crimes. In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to perform or to assist in performing the Work. 14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 14.16. Severability. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 15. INSPECTOR GENERAL AUDIT RIGHTS. 15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its 52 1 General Conditions for Construction Contracts (April 13, 2020) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 15.3 Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 15.4 The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 53 1 General Conditions for Construction Contracts )April 13, 2020) DocuSign Envelope ID: 47D633C7-8033-4922-99FE-E9FF8071B47F MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) 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. 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. 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 Chief Procurement Officer 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. 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. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting bid in response to this solicitation. 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/procu remenUprocu rement-related-ordinance-and-procedures/. Requirement Code Section or Resolution Cone of Silence 2-486 Protest Procedures 2-371 Debarment Proceedings 2-481 through 2-406 Lobbyist Registration and Disclosure of Fees 2-397 through 2-485.3 Campaign Contributions by Vendors 2-487 Campaign Contributions by Lobbyists 2-488 Equal Benefits for Domestic Partners 2-373 Living Wage Requirement 2-407 through 2-410 False Claims Ordinance 70-300 Acceptance of Gifts, Favors & Services 2-449 Purchase of Goods and Services Sourced in Resolution 2016-29375 Mississippi Non-discrimination (boycotts) 2016-3990 2. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Bid. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 3. ASSIGNMENT. No contract shall be assigned, transferred, conveyed, sublet or otherwise disposed, including any or all right, Page 1 of 7 1 Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 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 familiarwith, 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 Bidders 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 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 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. 15. JOINT VENTURES / SINGLE PURPOSE ENTITY. Joint Ventures are not allowed. bid shall be submitted only by the prime contractor. Bidders may, however, identify sub -contractors or sub -consultants to the prime Bidders who may serve as team members. 16. FORCE MAJEURE. a. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. b. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. The City may, through its City manager, 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, through its City Manager, 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 Bidders 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 Chief Procurement Officer. 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 Bidders 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 1 Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) 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. 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. 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. 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. 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 1 Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) e. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. f. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors, and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 20. LAWS, PERMITS AND REGULATIONS. The Bidders shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 21. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where Bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the Bidders will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 22. MANNER OF PERFORMANCE. Bidders agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations, and codes. Lack of knowledge or ignorance by the Bidders with/of applicable laws will in no way be a cause for relief from responsibility- Bidders agrees that the work and goods provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidders agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidders further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Bidders to comply with this paragraph shall constitute a material breach of this contract. 23. MODIFICATIONIWITHDRAWALS 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 1 Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 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 property invoiced. 34 PATENTS $ ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Bidders uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 35. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions) The Bidders may offer cash discounts for prompt payments, however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 36. PROTESTS. Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 37. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 38. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful Bidders is considered to be an independent contractor, and that neither the Bidders, nor the Bidder's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 39. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 40. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 41. TERMINATION FOR DEFAULT. If the successful Bidders shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the Bidders of such termination, which shall become effective upon receipt by the Bidders of the written termination notice. In that event, the City shall compensate the successful Bidders in accordance with the term of the contract for all work and/or services satisfactorily performed by the Bidders prior to termination, net of any costs incurred by the City as a consequence of Page 6 of 7 1 Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 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, through its City Manager, 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 (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 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 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Contract Provisions for Non -Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions contained elsewhere in the Contract. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold, currently $150,000, the following provisions shall apply: (1) Disputes and Remedies - Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim, dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute -Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B. TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The City shall be the sole judge of "reasonable costs." C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies available at law or at equity, including claims for damages and injunctive relief. The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if, following the initial notice of breach, the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the terminated Contractor. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F D. EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI -KICKBACK" ACT (18 USC § 40 U.S.C. 3145). The Davis -Bacon Act and the Copeland Anti -Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. They do not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Accordingly, if applicable to this Contract: (1) All prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and mechanics employed or working upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis —Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the Davis —Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071 B47F F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C. §§ 3702 AND 3704. If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth herein, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required. The City shall upon its own action or upon written request of an authorized representative of the Department of Laborwithhold orcause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT, as amended, 33 U.S.C. §§ 1251- 1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §1251 et. seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.) and (42 U.S.C. 6201). DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form, the Contractor shall also execute and provide the City with, and require all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The Contractor shall require all lower tier participants to agree that they: a. shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii. they will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals. The Contractor may, but is not required to check the Non -procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City may pursue available remedies including suspension and/or debarment. K. BYRD ANTI -LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F L. RECYCLED PRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation, during the term of any contract resulting from this solicitation. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements; or (3) At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background- comprehensive-procurement-guideline-program-cpg. M. CONTRACTING WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS, C.F.R. § 200.321(G). Pursuant to C.F.R. 200.321 (g), the City will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; an (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) above. N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following access to records requirements apply to this Contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract. P. DHS SEAL, LOGO, AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. R. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract. S. CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T. INDEMNIFICATION For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3,d Floor, Miami Beach, Florida 33139, www.miamibeachfi.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 7 RFQ 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION May 5, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). RESPONSES TO QUESTIONS RECEIVED: Q1. There doesn't seem to be a category for electrical services. Will the City be issuing a bid for electrical services? Al. The current contract for JOC electrical services is valid through November 7, 2023, with an additional renewal period through November 7, 2024. The City will issue a Job Order Contracting Services solicitation for various trades, which may include but is not limited to electrical, roofing, mechanical, and painting at a later time. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Kristy Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reasons) for not submitting a proposal. Si cer y, sty B da rocur me Contracting Manager END OF ADDENDUM NO. 7 ADDENDUM NO. 7 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES - HORIZONTAL, VERTICAL, SEAWALUCOASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMIBEACH ADDENDUM NO. 6 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3,d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION April 26, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m. on Friday, May 19, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Kristy Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. ;,, cer ly, ty da cu em nt Contracting Manager ADDENDUM NO.6 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC) FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO.5 RFQ 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALLICOASTAL CONSTRUCTION April 19, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m. on Friday. April 28, 2023, All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. REVISIONS: Appendix A Minimum Requirements & Scope of Work has been revised as follows. Al. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its bid considered. Horizontal Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently active State of Florida Certified General Contractor OR State of Florida Certified Undergound Contractor OR Miami Dade County Licensed General Contractor. The City may consider alternative licenses as acceptable providing that proof is submitted by the bidder documenting that horizontal construction work (as defined in the solicitation) and related permits may be completed, in accordance with State of Florida or Miami -Dade County regulations, with the alternative license. Vertical Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently active State of Florida Certified General Contractor, OR Miami Dade County Licensed General Contractor, OR Miami Dade County Licensed Building Contractor. The City may consider alternative licenses as acceptable providing that proof is submitted by the bidder documenting that vertical construction work (as defined in the solicitation) and related permits may be completed, in accordance with State of Florida or Miami -Dade County regulations, with the alternative license. t ADDENDUM NO. 5 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL. VERTICAL, SEAWALUCOASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 3. Seawall or Coastal Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently active State of Florida Certified General Contractor, OR State of Florida Certified Specialty Contractor, Marine Specialty Contractor, OR Miami Dade County Licensed General Contractor. The City may consider alternative licenses as acceptable providing that proof is submitted by the bidder documenting that seawall or coastal contruction work (as defined in the solicitation) and related permits may be completed, in accordance with State of Florida or Miami -Dade County regulations, with the alternative license. 4. Provide a letter from a Surety firm affirming Proposer's bonding capacity. The Surety firm shall be rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category of no less than Category V ($10 - $25 million). The statement of bonding capacity shall be directly from the Surety firm on its official letterhead and signed by an authorized agent of the firm. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone. 1 Email: Kristy Bada 305-673-7000 ext. 7490 Krist Bada miamibeachfl. ov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si cer y, isty B da rocur me Contracting Manager END OF ADDENDUM NO. 5 s IADDENDUM NO.5 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMIBEACH ADDENDUM NO.4 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3,d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION April 17, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m. on Wednesday, April 26, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Kristy Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. 'ontracting Manager 1 I ADDENDUM NO.4 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC) FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3rtl Floor, Miami Beach, Florida 33139, www.miamiheachft.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 RFQ 2023.096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION April 6, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). ATTACHMENT(S). Attachment A Job Order Contract Construction Task Catalog (CTC) - City of Miami Beach Attachment B Job Order Contract Technical Specifications - City of Miami Beach Attachment C The Gordian Group Guide to Using the Construction Task Catalog REVISION(S). Section 0300 Proposal Submittal Instructions and Format, Subsection 4, Tab 4, Sub -Tab 4.1 - Self -Performance has been revised as follows: 4.1 Self -Performance. Provide detailed information on how work will be accomplished by self - performing at least #4q ten percent (3"0 10% on the physical construction labor for horizontal projects (unless otherwise approved by the City). Note: After award, for specific projects, the percentage of self -performed work will be determined on a project basis. Section 0300 Proposal Submittal Instructions and Format, Subsection 4, Tab 4, Sub -Tab 4.2 - Safety has been revised as follows: 4.2 Safety. Attach a letter from the Proposer's insurance company, on the insurance carrier's letterhead, stating the Proposer's Experience Modification Rate (EMR) for the past three calendar years: 2024-2, 20201, and 20190, If, during any year, the EMR is greater than 1.0, attach an explanation as to why the EMR is greater than 1.0 and steps taken to reduce the EMR. 3. Appendix C JOC Supplemental Conditions, Article 3 Preparation of the Job Order Proposal, Sub -Article 3.4, 3.4.3, 3.4.3.4 has been revised as follows: "After a Non Pre -priced Task has been approved by the City, the Unit Price for such task WX may be established, and fixed as a permanent Non Pre- priced Task which will no longer require price justification. The City reserves the right to request the Contractor provide current quotes for any Non- Prepriced Task approved previously." ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 4. Appendix C JOC Supplemental Conditions, Article 9, Construction Task Catalog® and Article 10, The Technical Specifications has been revised as follows: "9. THE CONSTRUCTION TASK CATALOG® The Construction Task Catalog@ is part of the Contract Documents and included by reference. The Construction Task Catalog@ is available as a separate PDF document,t attached to this Addendum as Attachment A" hftps:llfortive.box.com/S/M03.qyvsoivisb6kyvOVmi5sclO5caOvO" "10. THE TECHNICAL SPECIFICATIONS The Technical Specifications are part of the Contract Documents and included by reference. The Technical Specifications are available as a separate PDF document, attached to this Addendum as Attachment B hftps.,Ilfortive.box.com/S/MO3gyVsoiVisb6kvvOVmi5scl05caOvO" 5. Appendix C JOC Supplemental Conditions, Article 5 ENR CCI Adjustment of the Adjustment Factors has been revised as follows: t ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 5. "ANNUAL UPDATE OF THE CONSTRUCTION TASK CATALOGO 5.1. The Construction Task CatalogO issued with the bid will be in effect for the first year of the Contract. ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 5.2. On the anniversary of the Contract, a new Construction Task Catalog® will be furnished. The new Construction Task Catalog® will be effective for the twelve (12) month period after the anniversary of the effective date of the Contract. The Construction Task Catalogs® that accompany each anniversary shall only apply to Job Orders issued after the effective date of that specific renewal option and shall have no impact on Job Orders issued prior to the effective date of that specific renewal option. 5.3. The Adjustment Factors submitted with the Proposal shall be used for the full term of the Contract, plus any Option Terms. On the annual anniversary of the Contract, the CitV shall issue the Contractor a new Construction Task Catalog. The Contractor will be issued the new Construction Task Catalog@ for review prior to accepting new Work. The Contractor shall use the Construction Task Catalog@ in effect on the date that the Job Order is issued. However, the Contractor cannot delaV the issuance of a Job Order to take advantage of a scheduled update of the Construction Task Catalog®. In that event, the Contractor shall use the Construction Task Catalog® that would have been in effect without the delay." 6. Appendix D Sample Contract, has been revised as follows: Delete the following paragraph; and replace with the following: "The Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors: 4 ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F For each category of work (vertical, horizontal, seawall/coastal), the City may negotiate any or all of the four (4) Adjustment Factors to be applied to the Unit Prices as noted below for projects not pursuant to federal or other grants; Normal Workinq Hours Adiustment Factor: means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays: Other Than Normal Working Hours Adjustment Factor: means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, and CitV Holidays: Normal Working Hours Adiustment Factor - Prevailing Wages and Local Workforce per Chapters 31-27 and 31-40 of the City code (See Appendix F): means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays: Other Than Normal Working Hours Adjustment Factor - Prevailing Wages and Local Workforce per Chapters 31-27 and 31-40 of the City code (See Appendix F): means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday. Sunday, and CitV Holidays: In addition, for each category of work (vertical, horizontal, seawall/coastal), the CitV may negotiate any or all of the four (4) Adjustment Factors to be applied to the Unit Prices as noted below for projects pursuant to federal or other grants; ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Normal Working Hours Adjustment Factor: means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through FridaV, except for CitV Holidays: Other Than Normal Working Hours Adjustment Factor: means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day SaturdaV, SundaV, and City Holidays: Normal Working Hours Adjustment Factor - Davis Bacon Wages: means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. MondaV through FridaV, except for CitV Holidays: Other Than Normal Working Hours Adjustment Factor - Davis Bacon Wages: means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. MondaV through Friday and all day Saturday, Sunday, and CitV Holiday III. RESPONSES TO QUESTIONS RECEIVED: Q1, Appendix B — Insurance Requirements, Item E shows : LIQUOR LIABILITY INSURANCE, Is this insurance required for this RFQ? Al. Please disregard the insurance requirements provided in the RFQ. Insurance requirements will be negotiated with the successful proposers. Q2. JOC Supplemental Conditions Section 3.4.1 states that the Contractor shall use the Adjustment Factors in effect on the date the Price Proposal is due. Can these Adjustment Factors be modified by the Contractor A2. No, the adjustment factors agreed upon and set forth in the executed contract shall remain in effect for the duration of the contract. In addition, refer to Addendum No 1, Revision 1. However, the pricing in the CTC will be adjusted annually as described herein. 6 ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Q3. If the City and the Contractor are not able to agree on a Job Order Price Proposal, please confirm that rejection or cancellation of the Project, as stated in JOC Supplemental Conditions Section 4.3, are the City's sole remedies. A3. The City may also elect not to award future individual Job Orders to a selected Contractor based on any of the criteria listed under Appendix C, JOC Supplemental Conditions, Section 1 — Contractor Selection, including past cumulative performance and the factors included in Section 2-369 of the City Code. Q4. Pre -Priced Task Order: Please provide an example for a simple 100 LF seawall with concrete reinforced cap. A4. Please refer to Attachment A Construction Task Catalog - Section 35/35-31-16-13 Concrete Seawalls. Q5. Please provide a sample of equipment rates from the CTC — please advise if these are fully operated / are they similar to Blue Book Rates A5. Refer to attachments A-C. Q6. If the City has determined the task to be either Pre -priced and or Non Pre -Priced Task and the Contractor disagrees, how can the Contractor discuss with the city if as per 3.4.3.5. the selection will be final, binding, and conclusive. A6. A Non Pre -priced Task is a task not set forth in the Construction Task Catalogo". The Contractor must submit three independent quotes for all materials to be installed. If three quotes or bids cannot be obtained, the Contractor will provide the reason in writing for the City's approval. 07. When utilizing the CTC for pre -priced task orders, please advise if set production rates (manhour factors) are defined. A7. The Construction Task Catalog® (CTC) was developed and customized by The Gordian Group,lnc. specifically for City of Miami Beach, priced locally using current labor, material and equipment costs, and published in March 2023. Q8. The JOC 1 % System License Fee — is this included in all Non -Pre Priced and Pre -Priced task orders, please provide a sample calculation of how this can be added into the adjustment factors. A8. The Contractor shall pay a 1% JOC System License Fee for all Job Orders issued in connection with this Contract. The JOC System License fee will be included in the Contractor's proposed Adjustment Factors. 09. Please clarify how the adjustment factors are calculated and/or modified and provide an example. 7 ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F A9. Refer to Addendum No. 1, Revision I. Q10. Is there an engineer's estimate? A10. No specific project is contemplated at this time. Q11. How long is the term of pre -qualification? A11. The Base Term of the Contract is three (3) years. There are two (2), one (1) renewal option terms. Both parties must agree to extend the Contract for an Option Term. The duration of each Option Term is one (1) year. The City Manager and Contractor may agree to extend the term of an Option Term. Q12. Are you able to please provide the Construction Task Catalog and The Technical Specifications? Al2. Refer to Attachment A. Q13. Licensure Requirements in Bid Solicitation Documents. Horizontal Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently active State of Florida Certified General Contractor, OR Miami Dade County Licensed General Contractor. Can the City of Miami Beach consider changing the requirements to allow State Certified Underground Contractor License (CUC) or State Certified Building Contractors License (CBC) for the Horizontal Construction Contract? See supporting information below regarding the services allowed to be performed per the Florida State Statutes. A. State CUC License Qualification for Work Licensed to be Performed. Under the State of Florida, a CUC or Certified Underground Contractor License allows our firm to perform a series of underground utilities services including the repair, alterations of roadway, and appurtenances, which we would think covers the scope of the Horizontal Construction Projects as there are separate categories for Vertical and Seawall Construction. B. Alternatively, we hold a State CBC (Certified Building Contractor) License Qualification for Work Licensed to be Performed. Under the State of Florida Licensure Requirements and definitions, the only difference between the qualifications of a CGC and a CBC is that CBC are limited to the height of new structures built under that license of 3 stories or less. All other qualified construction services are licensed under the CBC. Unless the intent of this contract is to utilize the "Horizontal Construction Projects" category to construct building 4 stories or taller, the Please see the attached excerpts below from the Florida Statutes describing construction activities allowed by the State under the each license. 8 ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F (b) "Building contractor" means a contractor whose services are limited to construction of commercial buildings and single -dwelling or multiple -dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. (n) "Underground utility and excavation contractor" means a contractor whose services are limited to the construction, installation, and repair, on public or private property, whether accomplished through open excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single -occupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future budding sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. However, an underground utility and excavation contractor may install empty underground conduits in rights -of -way, easements, platted rights -of -way in new site development. and sleeves for parking lot crossings no smaller than 2 inches in diameter if each conduit system installed is designed by a licensed professional engineer or an authorized employee of a municipality, county, or public utility and the installation of such conduit does not include installation of any conductor wiring or connection to an energized electrical system. An underground utility and excavation contractor may not install piping that is an integral part of a fire protection system as defined in s. 633.102 beginning at the point where the piping is used exclusively for such system. (2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, proved that the work is within the scope of the supervising contractor's license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o). This subsection does not affect the application of any local construction licensing ordinances. To enforce this subsection: (a) A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. (9)(a) This part does not prevent any contractor from acting as a prime contractor where the majority of the work to be performed under the contract is within the scope of his or her license or from subcontracting to other licensed contractors that remaining work which is part of the project contracted. A13. The Minimum Eligibility Requirements for the "Horizontal Construction Projects" contract is that the Bidder shall hold a currently active State of Florida Certified General Contractor OR Miami Dade County Licensed General Contractor. Specific project assignments may have additional licensure requirements with which the contractor would need to comply. Q14. Does the extension provided also allow for additional questions/clarifications regarding the submittal of this RFQ? A14. The deadline for questions was March 10, 2023 at 5:00 pm ET. g ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Q14. We are currently working on the RFQ mentioned above and after further review we have notice that the Bid Form to input our Factors/values is not part of any of the RFQ documents nor addendums? A14. Adjustment factors are not to to be submitted at this time. The purpose of the RFQ is to select the best qualified (as determined by the City) contractor(s). Responses pursuant to the RFQ are not to include cost or scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected contractor(s) will negotiate terms and adjustment factors. In addition, refer to Addendum No 1, Revision 1. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Kristy Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si cer y, isty B da rocur me Contracting Manager END OF ADDENDUM NO. 3 to IADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 31d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION March 16, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m. on Monday, April 17, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Krist Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. 'ontracting Manager ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F MIAMIBEACH ADDENDUM NO. 1 PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3m Floor Miami Beach, Florida 33139 www.miamibeachfi.gov REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION February 10, 2023 This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: Section 0100 — Instructions to Respondents & General Conditions, Subsection 12.1, of the RFQ, is hereby amended as follows: 12.1 NEGOTIATION. Selection, pursuant to Sub -Section 12, shall not be interpreted as a guarantee of a contract. Following selestiee the City Commission's approval of the City Manager's recommendation pursuant to Sub -Section 12, the City resewes the .igbt-to will enter into fuFtheF negotiations with the selected firms. Negotiations will to include but not be limited to applicable contract provisions and the adjustment factors that will be applicable to each category of work. The City may equalize the adjustment factor amongst all contractors for similar categories. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer(s) in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposer(s) that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to, approved by the City, and executed by the parties. REVISION: Section 0400 — Proposal Evaluation, Subsection 1 of the RFQ, is hereby amended as follows: 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub -section 12: or c. The City Manager may Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee; or ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfi.gov d. The City Manager may recommend to the City Commission that all firms, if more than one (1) responsive submittal is received. be reiected. 1.1 PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listino of firms responding to this RFQ is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms, the Evaluation Committee will utilize the criteria set forth in Sub -section 4 below. 1.2 TECHNICAL ADVISORS. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in the evaluation of proposals. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Kristy Bada 305-673-7000 ext. 7490 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si cer ly, isty da rocu em nt Contracting Manager 2 ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL. VERTICAL, SEAWALL/COASTAL CONSTRUCTION DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO ITB DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Detail by Entity Name Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TEAM CONTRACTING, INC. Filing Information Document Number P00000041586 FEI/EIN Number 65-1002254 Date Filed 04/25/2000 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/24/2015 Event Effective Date NONE Principal Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Mailing Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Registered Agent Name & Address AYAN, RODOLFO L 1360 PELICAN AVE NAPLES, FL 34102 Name Changed: 05/24/2007 Address Changed: 01/05/2012 Officer/Director Detail Name & Address Title VSTD https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TEAMCO... 1 /3 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F AYAN, RODOLFO L 1360 PELICAN AVE NAPLES, FL 34102 Title PD BATISTA, JULIO C 13911 SW 42nd Street 209 MIAMI, FL 33175 Title V GELL, DANIELA 13911 S.W. 42ND STREET SUITE 209 MIAMI. FL 33175 Annual Reports Report Year Filed Date 2021 01 /13/2021 2022 02/01 /2022 2023 01/30/2023 Document Images 01/30/2023 —ANNUAL REPORT 02/01 /2022 —ANNUAL REPORT 01/13/2021 —ANNUAL REPORT 01/17/2020 —ANNUAL REPORT 02/07/2019 —ANNUAL REPORT 02/19/2018 —ANNUAL REPORT 01/09/2017 —ANNUAL REPORT 01/27/2016 —ANNUAL REPORT 03/24/2015 — Amendment 01/09/2015 —ANNUAL REPORT 01/20/2014 —ANNUAL REPORT 01/25/2013 — ANNUAL REPORT 01 /05/2012 — ANNUAL REPORT 01/05/2011 —ANNUAL REPORT 01/14/2010 —ANNUAL REPORT 01/16/2009 —ANNUAL REPORT 01/17/2008 —ANNUAL REPORT 11 /09/2007 — Amendment 07/19/2007 — Amendment 05/24/2007 — Amendment and Name Change 01 /09/2007 — ANNUAL REPORT 01/09/2006 —ANNUAL REPORT 01/06/2005 —ANNUAL REPORT Detail by Entity Name View image in PDF format J View image in PDF format J View image in PDF format J View image in PDF format_ J View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View ,mage in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format J https:llsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TEAMCO.. 2/3 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F Detail by Entity Name 01/07/2004 —ANNUAL REPORT View image in PDF format 03/03/2003 —ANNUAL REPORT View image in PDF format 04/08/2002 —ANNUAL REPORT View image in PDF format J 04/05/2001 —ANNUAL REPORT View image in PDF format J 04/25/2000 — Domestic Profit View image in PDF format _j https://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq uirytype=EntityN ame&d i rectionType=l n itial&search NameOrder-TEAM CO... 3/3 DocuSign Envelope ID: 47D633C7-BO33-4922-99FE-E9FF8O71B47F BID SUBMITTAL QUESTIONNAIRE SECTION 1 - BID (,r-m iIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER I PROJECT TITLE BIDDER'S NAME: Team Contracting, Inc. NO. OF YEARS IN BUSINESS: Team Contracting, Inc. NO. OF YEARS IN BUSINESS LOCALLY. NO. OF EMPLOYEES. 13 Team Contracting, Inc. OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS. NIA BIDDER PRIMARY ADDRESS (HEADQUARTERS): 13911 SW 42nd Street, Suite 209 CITY-. Miami STATE. Florida ZIP CODE- 33175 TELEPHONE NO 3052079799 TOLL FREE NO NIA FAX NO.: 305-207-9790 BIDDER LOCAL ADDRESS: 13911 SW 42nd Street, Suite 209 CITY-. Miami STATE. FL ZIP CODE: 33175 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. Daniel Gall ACCOUNT REP TELEPHONE NO. 305-207-9799 ACCOUNT REP TOLL FREE NO.: NIA ACCOUNT REP EMAIL: dgell@teomcontmeting.com FEDERAL TAX IDENTIFICATION NO 65-1002254 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if 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 and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Daniel Gell - Vice President Daniel Gell DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt 02/10/23 Addendum 1 Addendum 6 Addendum 11 03/16/23 Addendum 2 Addendum 7 Addendum 12 04/06/23 Addendum 3 Addendum 8 Addendum 13 04/17/23 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - CONFLICT OF INTEREST All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. 'qST AND LAST NAME 1 2 3 4 5 6 c9rrT1nti A - FINANCIAL C A pA r'Tv At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal? storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F SECTION 5 - REFERENCES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Thais Vieira - Office of the City Manager Address: 1700 Convention Center Dr., Miami Beach, FL 33139 Telephone: 305-673-7000, ext. 2702 Contact's Email: ThaisVieira@miamibeachfl.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Please see attached project reference sheet in Tab 2 Reference No.2 Firm Name: City of Miami Beach - Facilities and Fleet Management Department Contact Individual Name and Title: Olga Sanchez - Senior Facilities Capital Projects Coordinator Address: 1833 Bay Rd., Miami Beach, FL 33139 Telephone: 305-673-7000, ext. 22567 Contact's Email: OlgaSanchez@miamibeachfl.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Please see attached project reference sheet in Tab 2 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Reference No.3 Firm Name: City of Miami Beach - Facilities and Fleet Management Department Contact Individual Name and Title: Jorge Guanchez - Facilities Capital Projects Coordinator Address: 1833 Bay Rd., Miami Beach, FL 33139 Telephone: 305-673-7000, ext. 22918 Contact's Email: JorgeGuanchez@miamibeachfl.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Please see attached project reference sheet in Tab 2 SECTION 6 - SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? 0 YES p� NO SECTION 8 -' GBT BUq-N'r"P.n T--k'—F_RPRISF fl-ERTIFICATIOI Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES NO DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F SECTION 9 - 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 and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Daniel Gell - Vice President Daniel Gell SECTION 10 - 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 EnvelopeIU 47D633C7-B033-4922-99FE-E9FF8071B47F (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. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F (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 and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Daniel Gell -Vice President Daniel Gell SFCTION 11 - CONE OF SII..FNCF Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at https://Iibrarv.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 1' CODE OF BUSINESS ETHIGb Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gay/city- hall/procurement/procurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? p� YES NO Bidder adopts the City of Miami Beach Code of Business Ethics? DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F p� YES Q� NO SECTION 13 - LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. er:r" rION 14 - NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 - FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. PUBLIC `NTITY CRIMEo Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. ECTION 17 - VETERAN P! "ZINIFSS ENTERPRISES PREu17RENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://Iibrarv.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2- 374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a DocuSign Envelope ID: 47D633C7-8033-4922-99FE-E9FF8071 B47F veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? [ YES 0 NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? 0 YES p� NO SECTION 18 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, 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 Contractor who work 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. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? 0 YES NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? YES NO Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Bidder Provides for Employees with Spouses Bidder Provides for Employees with Domestic Partners Bidder does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F at http://www.miamibeachfl.gavt city-hall/procurement/procurement-related-ordinance-and- procedures/ SECTION 19 - MORATORIUM ON TRAVEL TO AND THE PURCHASE Oc OODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES Q� NO If yes, explain. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 COVER LETTER RFQ 2023-096-KB Job Order Contracting (JOC) FOR HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION SUBMITTED BY: Team Contracting, Inc. 13911 SW 42nd Street, Suite 209 Miami, FL 33175 Contact Person: Daniel A. Gell Contact Number: 305-207-9799 Contact Email: dgell@team-contracting.com SELECTED CATEGORY OF WORK: Vertical Construction T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F Cover Letter, Table of Contents, and Minimum Qualification Requirement TAB 2 Experience & Qualifications of the Proposing Firm TAB 3 Key Personnel UFMATOOMA Approach and Methodology IU:4 Ub:S.SI.-tsU.S.S-4yLL-aar t-tyrrtSU -lb4/r Ron DeSantis, Governor Melanie S. Griffin, Secretary Floridar STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD -� 1A ki"L A THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVI AN, RODOLFO LORENZ( TEAM CONTRACTING INC 43911 SW 42ND STREET SUITE 209' * M IAM I FL 33175 LICENSE NUMBER: CGCO6'f511 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com 0• 0 Do not alter this document in any form. ~•. This is your license. It is unlawful for anyone other than the licensee to use this document. DocuSign Envelope ID: 47D633C7-BO33-4922-99FE-E9FF8071B47F 011649 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6077036 LBT BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES TEAM CONTRACTING INC RENEWAL SEPTEMBER 30, 2023 13911 SW 42ND ST STE 209 6339378 Must be displayed at place of business MIAMI FL 33175-6407 Pursuant to County Code Chapter SA - Art. 9 & 10 OVVNER SEC. TYPE OF BUSINESS PAYMENT RI'WiLD TEAM CONTRACTING INC 196 GENERAL BUILDING CONTRACTOR BY TAX COLLECTOR RODOLFO LORENZO AYAN, QUALIFIER CGC061511 $75.00 07/08/2022 Worker(s) 6 INT-22-352514 This Local Business Tax Receipt only confirms payment of the Local Business Tax The Receipt is not a license, permit or ace rtificatio n of the holders qua lifications,to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements wtuch apply to the business. The RECEIPT NO above must he displayed on all commercial vehicles - Miami -Dade Code Sec Ina-276 For more information, visit wwwmjam idade.aoYLUxcollector DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 2.1 General Qualifications of Proposing Firm Project Name: Annual Concrete and Paver Stones — Project No. 12517 Owner Name: City of Fort Lauderdale Contact Name: Jean Examond Telephone: 954-828-4507 Email: JExamond@fortlauderdale.gov Project Address: Citywide Scope of Services Provided: New concrete sidewalks, paver, and asphalt repairs throughout the city. Contract Amount: $1,800,000.00 Completion Date: TBD (Original completion date for this two-year contract was scheduled for April 2022, but city has extended several one-year renewals to contractor). Contract Type: Two-year contract with multiple one-year renewal options. Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. 2. Project Name: Structural Repairs at The Jackie Gleason Theater Owner Name: City of Miami Beach Contact Name: Jorge Guanchez Telephone: 786-390-2040 Email: JorgeGuanchez@miamibeachfl.gov Project Address: 1700 Washington Ave., Miami Beach, FL 33139 Scope of Services Provided: Structural repairs throughout facility. Repairs included installing steel columns under existing stage to immobilize it. Extensive concrete repairs on exterior concrete stairwells and landings. Stucco repairs throughout facility. Contract Amount: $272,186.76 Completion Date: April 30, 2019 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multi le one-year renewal options. Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 Project Name: Miami Beach Marine Patrol Docks Owner Name: City of Miami Beach Contact Name: Olga Sanchez Telephone: 305-673-7631 Email: Ol aSanchez@miainibeachfi.gov Project Address: 1700 Purdy Ave., Miami Beach, FL 33139 Scope of Services Provided: Demolition of existing precast slabs, concrete repairs on existing pile caps, installation of new precast slabs, installation of new wood members, bollards, cleats, and ladders. Contract Amount: $383,174.28 Completion Date: January 20, 2020 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multi le one-year renewal options. Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. 4. Project Name: Pocket Park Owner Name: City of Miami Beach Contact Name: Collette Satchell Telephone: 305-673-7071 Email: ColetteSatchell miamibeachfl. ov Project Address: 2001 N Bay Rd., Miami Beach, FL 33139 Scope of Services Provided: New city park. Scope included structural work (new cmu wall and sail shade structures), electrical, landscaping, irri ation, etc.. Contract Amount: $746,428.82 Completion Date: January 27, 2020 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multiple one-year renewal options. Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 Project Name: 28" Street Obelisk Restoration Historic Owner Name: City of Miami Beach Contact Name: Francisco Garcia Telephone: 305-673-7000 ext. 22126 Email: FranciscoGarcia@miamibeachfl.gov Project Address: 300 W 28" Street, Miami Beach, FL 33139 Scope of Services Provided: Restoration of historical pump station/obelisk. Contract Amount: $704,393.55 Completion Date: October 23, 2019 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multi le one-year renewal options. Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. W Project Name: Scott Rakow Youth Center Generator Owner Name: City of Miami Beach Contact Name: Olga Sanchez Telephone: 305-673-7631 Email: Ol aSanchez miamibeachfl. ov Project Address: 2700 Sheridan Ave. Scope of Services Provided: Provide and install new 1000KW standby generator, new automatic transfer switch, and new structural support for the new generator. Contract Amount: $804,833.52 Completion Date: August 31, 2020 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multi le one-year renewal options. Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42°d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 1lM1�►LI TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 7. Project Name: Community Pelican Center Repairs Owner Name: City of Sunny Isles Beach Contact Name: Mr. Richard Labinsky Telephone: 305-792-1817 Email: rlabinsky sibfl.net Project Address: 18115 N Bay Rd., Sunny Isles Beach, FL 33160 Scope of Services Provided: New design -build storage room addition, stucco restoration around facility, waterproofing and painting, replacing site fencin Contract Amount: $515,895.64 Completion Date: March 19, 2021 Contract Type: Sourcewell Florida ezIQC — Indefinite Quantity Construction Contract. Two-year contract with multiple one-year renewal options. Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. 8. Project Name: Sanitation Building Interior Renovation Owner Name: City of Miami Beach Contact Name: Olga Sanchez Telephone: 305-673-7631 Email: Ol aSanchez miamibeachfl. ov Project Address: 140 MacArthur Causeway, Miami Beach, FL 33139 Scope of Services Provided: Interior renovation to Sanitation Department offices and restrooms. Contract Amount: $535,516.29 Completion Date: July 10, 2020 Contract Type: National Joint Powers Alliance (NJPA). Two-year contract with multiple one-year renewal options. Experience For: Team Contracting, Inc. and Julio Batista - President T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 2.2 JOC-Specific Oualifications of Proposing Firm Project Name: Miami Beach Convention Center — Misc. Scope Needed for C.O. Insurance Requirement Owner Name: City of Miami Beach Contact Name: Thais Vieira Telephone: 305-673-7000 ext. 2702 Email: ThaisVieira@miwnibeachfl.gov Project Address: 1901 Convention Center Dr., Miami Beach, FL 33139 Scope of Services Provided: Repairs and installations throughout the facility to achieve certificate of occupancy. Contract Amount: $164,387.88 Completion Date: June 7, 2021 Contract Type: 2019-257-KB Job Order Contracting Services — Various Trades — City of Miami Beach Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. Project Name: Miami Beach Convention Center — Access to Cooling Tower Owner Name: City of Miami Beach Contact Name: Thais Vieira Telephone: 305-673-7000 ext. 2702 Email: ThaisVieira@miarnibeachfl.gov Project Address: 1901 Convention Center Dr., Miami Beach, FL 33139 Scope of Services Provided: Provide and install two new stairways to access cooling tower level. Contract Amount: $103,893.24 Completion Date: April 2023 Contract Type: 2019-257-KB Job Order Contracting Services — Various Trades — City of Miami Beach Experience For: Team Contracting, Inc. and Daniel Gell — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"a Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 Project Name: New Baywalk & Seawall at NE 22nd Street Owner Name: City of Miami Contact Name: Roberto Fenton Telephone: 305-416-1002 Email: rfenton miami ov.com Project Address: NE 22nd Street & NE 22nd Terrace Street End),Miami FL Scope of Services Provided: Replace damaged seawall and miscellaneous site improvements including site lighting, street work, and new aver ba walk. Contract Amount: $283,728.23 Completion Date: July 28, 2021 Contract Type: 18-19-001-V-7 Job Order Contract for Vertical Construction Services — City of Miami Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. 4. Project Name: First Presb erian Church Seawall Owner Name: City of Miami Contact Name: Ivelisse Rodriguez Telephone: 305-416-1304 Email: IvelisseRodriez miami ov.com Project Address: 609 Brickell Ave., Miami, FL Scope of Services Provided: New seawall, specialty drainage, site lighting, landscaping, irrigation, and paver plaza/walkway connecting to existing bay walk pathway. Contract Amount: $1,618,078.27 Completion Date: April 2023 Contract Type: 18-19-001-V-7 Job Order Contract for Vertical Construction Services — City of Miami Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42n1 Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 5. Project Name: Myers Park Seawall and Boat Ram Owner Name: City of Miami Contact Name: Maurice Hardie Telephone: 305-416-1786 Email: Mhardie miami ov.com Project Address: 2900 South Ba shore Dr. Miami, FL Scope of Services Provided: Removal of existing ramps and seawall. Construct new boats ramps and seawall. Contract Amount: $3,096,065.94 Completion Date: December 2023 Contract Type: 18-19-001-V-7 Job Order Contract for Vertical Construction Services — City of Miami Experience For: Team Contracting, Inc. and Rodolfo A an — Vice Pres. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 421 Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 . CGC 046372 STAFFING PLAN Our staff as identified in our organizational chart is all available for immediate work for this project. We also work with several staffing companies and place hiring ads at our jobsites to maintain our workforce based on demand. We currently have nurtured and maintained a pre -qualified subcontractor base that is available to work at a moment's notice. Our subcontractors enhance our existing workforce and provide specialty trades work. Our staff is extremely familiar with JOC contracts, having performed work for several different local agencies under the JOC program. Team Contracting, Inc. and its main staff have provided our construction services to the City of Miami Beach through its JOC program since 2003. 1 believe that this shows our dedication in providing quality services to the city and our other clients. Our main goal has always been to serve our client's needs. The contact person for this contract will be Daniel Gell, Vice President/Project Manager. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 4211 Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEA1\4 CO _. TEAM CONTRACTING General Contractors & Design Builders CGC 061511 . CGC 046372 T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-BO33-4922-99FE-E9FF8071 B47F Daniel A. Geu VICE PRESIDENT/SR. PROJECT MANAGER Daniel Gell has over twenty-three years' experience in all aspects of construction. He has overseen over $18 million worth of contracts in concrete sidewalk/curbing construction throughout several South Florida municipalities. Most recently he has overseen the Job Order Contracting division for Team Contracting which has completed over 50 projects using this contract method. Key Skills — Construction/Demolition Projects — Site Safety/OSHA Compliance — Budgeting & Cost Controls — Infrastructure Improvement Projects — QA/QC/Field Engineering — Bidding/Estimating/Proposals — Historical Renovation Projects — Sidewalk/Curbing Projects — Subcontractor/Crew Supervision Employer Summary TEAM CONTRACTING. INC. (MIAMI, FL) —Construction Proiect Manager, O1/07 to Present Manages the Job Order Contracting division. F & L CONSTRUCTION, INC. (Miami, FL) — Construction Project Manager/Superintendent. 08/00 to 12/06 Oversaw the sidewalk division for F & L Construction (08/00 to 06/04) and was in charge of four separate concrete crews. Project Manager for the Job Order Contracting division. Project Highlights City of Miami Beach J.O.C. (2004 to 2023) • Budgets: $200K to $2M • Pump Station #19 Improvements - Demo existing parking, install concrete pavers, new landscaping and irrigation • Pump Station #28 Improvements - Demo asphalt, provide new drainage, new parking lane, striping, signage, landscaping, electrical, pavers and irrigation • Pump Station #15 Improvements - New ADA ramp, curbing, landscaping and irrigation • Lummus Park Serpentine Sidewalk - Demo portions of existing 20' wide sidewalk from 51h street to 14th street and replace with 20' wide fiber mesh reinforced concrete walkways • MBCC Miscellaneous Scope to Achieve C.O. City of Miami J.O.C. (2003 to 2023) • Budgets: $500k to $4M • Gibson Park Improvements - New multi -purpose building, new food prep building, site improvements • West End Park -Renovations - Renovate existing pool/bath building including complete new roof, interior demolition, addition of new ADA entrance ramp and interior improvements • First Presbyterian Church New Seawall and Bay Walk Over 20 Horizontal Projects (including 8 design -build projects) Concrete Sidewalk/Curbing Contracts (2000 to Present) • Budgets: $300K to $3M • City of Miami Beach Concrete Curbing/Sidewalk Construction (Multiple Contracts) • Multiple contracts throughout this period with several local municipalities. Over 20 projects varying in scope and size. City of Miami Beach Miscellaneous Projects (2013 to Present) • Budgets: $100k to $4M • Surface Lots 12X & 17X - Demo existing surface lots and construct new • London House Rehabilitation - Design Build Historic Renovation Housing Project • Ocean Drive Paver Crosswalks - Installation of paver crosswalks on Ocean Dr. • New Standby Generator Installations at Scott Rakow Youth Center, North Shore Youth Center, and Fire Station #3 • 2811, Street Obelisk Renovations - Renovations to Historic Pump Station and Obelisk • Over 20 other city projects administered through NJPA and ezIQC contracts Education & Certifications MIAMI-DADE COMMUNITY COLLEGE (Miami, FL ) — Associate in Arts STATE OF FLORIDA CERTIFIED GENERAL CONTRACTOR - CGC 1518613 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF807lB47F Julio C. Batista PRESIDENT Julio C. Batista is currently the President of Team Contracting, Inc. He is a State of Florida Certified General Contractor with over 30 years of construction and design -build experience. He has overseen over 300 projects with a total worth of over $200 million for local government entities. Key Skills — Construction/Demolition Projects — Site Safety/OSHA — Budgeting & Cost Controls — Infrastructure Improvement Compliance — Bidding/Estimating/Proposals Projects — QA/QC/Field Engineering — Subcontractor/Crew — Historical Renovation Projects — Design -Build Projects Supervision Employer Summary TEAM CONTRACTING. INC. (MIAMI. FL) — Pres./Construction Proiect Manager, January 2007 to Present Oversees day to day operations. Manages the Job Order Contracting division. F & L CONSTRUCTION, INC. (Miami. FL) Pres./Construction Proiect Manager, July 1987 to December 2006 Oversaw day to day operations. Managed Job Order Contracting division Relevant Experience New Construction • Budgets: $1M to $19M • Silverbluff Underline Apartments. $7.5M • Eureka Charter School - New Design -Build educational facility. $6.OM • London House Rehabilitation - Design -Build Historic Housing Renovation. $3.7M • Homestead Charter School - New Design -Build educational facility. $3.OM • Carlos Albizu University - Design -Build Ground Floor Expansion. $1.3M • David Lawrence K-8 - New design -build K-8 educational facility. $18M • Hialeah Elem.-Additions & Renovations - New design -build addition and renovations to existing educational facility. $4M • State School "C" - New Elementary educational facility site development. $11.3M • State School "A" - New Elementary educational facility site development. $9.6M • State School "C" - New Elementary educational facility site development. $$11.3M • State School "LL" - New design -build educational facility. $13M • State School "EE" - New design -build Middle Learning Center. $5M • The Sail Condominium - New 37 story condominium. $19M • Please note: Over 100 additional projects available upon request Education & Certifications FLORIDA INTERNATIONAL UNIVERSITY (Miami, FL ) — Associates in Arts, 1982 State of Florida Certified General Contractor CGC 046372 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Rodolfo L. Avon EXECUTIVE VICE PRESIDENT Rodolfo Ayan is currently the Vice President and founder of Team Contracting, Inc.. He is a State of Florida Certified General Contractor with over 30 years of construction and design -build experience. He has overseen over 300 projects for local government entities. Key Skills — Construction/Demolition Projects — Bridge Restoration Projects — Budgeting & Cost Controls — Infrastructure Improvement Projects — QA/QC/Field Engineering — Bidding/Estimating/Proposals — Historical Renovation Projects — Design -Build Projects — Subcontractor/Crew Supervision Employer Summary TEAM CONTRACTING. INC. (MIAMI, FL) — V.P./Construction Proiect Manager, January 2007 to Present Oversees day to day operations. Manages the Job Order Contracting division. F & L CONSTRUCTION, INC. (Miami, FL) — V.P./Construction Project Manager, November 1992 to December 2006 Oversaw day to day operations. Managed Job Order Contracting division. Relevant Projects City of Miami Beach J.O.C. (2004 to 2013) • Budgets: $200k to $3M • Convention Center Dr. Bridge Repairs - Structural repairs to existing bridge including above deck and under deck repairs. $610k • Washington Ave. Bridge Repairs -Structural repairs to existing bridge including above deck and under deck repairs. $555k • 77t° Street Bridge Repairs- Structural repairs to existing bridge including above deck and under deck repairs. $511k • 17' Street Bridge Repairs- Structural repairs to existing bridge including above deck and under deck repairs. $599k • Surface Lot 8E Renovations - Demo existing lot, new paving, drainage, site lighting, site work, irrigation and landscaping. $390k • Surface Lot 5C Renovations - Demo existing lot, new paving, drainage, site lighting, site work, irrigation and landscaping. $994k • Flagler Monument Island Restoration - Restoration of historical monument and surroundings. $971k • Surface Lot 26A Renovations - Demo existing lot, new paving, drainage, site lighting, site work, irrigation and landscaping. $682k • Over 20 additional projects completed during this period City of Miami J.O.C. (2003 to 2023) • Budgets: $500k to $5.5M • Fern Isle Park -Construction of new park. Project included new concession building, site drainage, site water & sewer, parking lots, site lighting, irrigation, landscaping. $5.5M • Gibson Park Improvements - New multi -purpose building, new food prep building, site improvements. $1.3M • Over 20 additional projects completed over this period Miami -Dade County Public Schools J.O.C. (1999 to 2008) • Budgets: $10K to $2M • Multiple contracts throughout this period. Over 100 projects varying in scope and size. Over $15M Miami -Dade County Public Schools (2000 to 2008) • Budgets: $2M to $16M • David Lawrence K-8- New design -build K-8 educational facility site development. $18M • Hialeah Elem.-Additions & Renovations- New design -build addition and renovations to existing educational facility. $4M • State School "C" - New Elementary educational facility site development. $11.3M • State School "A" -New Elementary educational facility site development. $9.6M Education & Certifications FLORIDA INTERNATIONAL UNIVERSITY (Miami, FL ) — BS in Criminal Justice, 1992 State of Florida Certified General Contractor - CGC 061511 EPA Lead Certified Renovator DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F PROFESSIONAL SUMMARY SKILLS WORK HISTORY KmSTIAN BATISTA Miami, FL 33156 7863901422 - Kmbatista22@gmail.com Achievements include bringing in new clients and consistently achieving budget and schedule demands with a hands-on and detail -oriented approach. Excellent communication, relationship -building and problem -solving abilities paired with a superior work ethic and forward -thinking mentality. • Microsoft office and excel • Reading Blueprints • Leadership and communication • Estimating • Customer service and problem -solving • Bid Preparation • Construction Scheduling • Permitting • Analytical and Critical Thinking • Plan Modifications and Takeoffs Team Contracting • Proved successful working within tight deadlines and a fast -paced environment. • Directed day-to-day operational aspects of project and scope and monitored progress of construction activities. • Thoroughly reviewed material proposals and negotiated contracts. • Created schedules and roadmaps for projects with budgets ranging from $20,000 to $3,000,000. • Obtained building and specialty permits from local jurisdictional agencies. • Consulted with clients to define objectives and develop scopes. Vector Marketing • Developed and implemented sales strategies to increase profits. • Promoted and up -sold products and services to meet needs of customers. • Trained and mentored new sales representatives. • Generated new leads through networking and attending industry events. Republican Party of Florida • Assisted in the canvassing team for the campaign of Marili Cancio • Conducted regular surveys and canvassing activities to identify potential DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F customers for products and services. • Created customer presentations based on customer requirements. EDUCATION 05/2020 Bachelor of Science: Business Administration LANGUAGES University of Alabama - Tuscaloosa, Al English Spanish Native or Bilingual Professional Working DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F LISSETTE C. GELL 12905 SW 108" Ave. Miami, FL 33176 (305) 761-5612 primemgt@gmail.com PROFESSIONAL EXPERIENCE Team Contracting, Inc. Administrative Assistant/Bookkeeping Miami, FL Jan 2008- Present • Maintain records of financial transactions by establishing accounts, posting transactions, and ensuring legal requirements compliances. • Enter data, maintain records, and create reports and financial statements. • Supports company operations by maintaining office systems and supervising staff. • Completes operational requirements by scheduling and assigning employees and following up on work results. Prime Management Services, Inc. Owner/ Commercial/Residential Property Manager Miami, FL Jan 2008-Present • Responsible for the day-to-day management of 120,000 s/f of commercial retail space. • Manage and lease residential properties, consisting of 10 units, as well as direct maintenance, major repairs, and daily operations. • Prepare fiscal year Balance Sheets, Income Statements, Annual Operating Budget, yearly CAM reconciliations. • Perform market research and analysis to price properties at a fair market price that is also profitable. • Maintain complete and accurate bookkeeping and reporting. Batista Properties, Inc. Commercial Property Manager Miami, FL Dec 1999 — Jan 2008 • Negotiate and execute contract leases with new tenants. • Responsible for computation and timely payment of all state and federal taxes. • Maintain, reconcile, and manage all general ledger accounts including accounts receivables and accounts payables . • Responsible for hiring subcontractors to perform routine maintenance to all properties. • Prepare yearly Balance Sheets, Income Statements, Operating Budget and other financial documents. EDUCATION University of Miami Master of Business Administration, Finance and Management Coral Gables, FL December, 2003 University of Miami Bachelor of Business Administration, International Finance and Marketing Coral Gables, FL May, 2002 SPECIAL SKILLS Strong communications skills in English and Spanish Microsoft- Word, PowerPoint, Excel QuickBooks Pro DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F --V- J0UUAjLAJJ TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.1 Self -Performance Team Contracting, Inc. has dedicated staff and equipment used to self -perform the following services: - Flatwork - Drainage Installation - Interior Demolition - Rough Carpentry - Structural Repair Work - Miscellaneous Welding Services The above can be attested by contacting one of the many City of Miami Beach Departments that we have provided our construction services for under various contracts for over twenty years. These departments are: - Facilities and Fleet Management - Public Works Department - Capital Improvement Projects - Miami Beach Convention Center - Art in Public Places T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42°d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.2 Bonding Capacity Team Contracting, Inc. is financially strong and maintains a high bonding capacity of $40 million dollars. Attached is the requested letter from our surety firm affirming our bonding capacity. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42°d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F RSI( strategies March 15, 2023 The City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: Horizontal To Whom It May Concern: Please accept this letter as evidence of Team Contracting, Inc.'s bondability. They are bonded by Berkley Insurance Company. Berkley has an AM Best rating of A+. Team Contracting, Inc., Currently has a $20,000,000.00 single/$40,000,000.00 aggregate surety program of which $39,000,000.00 is available. The surety is chartered in the state of Delaware with home offices in Greenwich, CT. They are authorized to conduct business in the state of Florida and are on the US Treasury Department list of certified companies. In our opinion, this organization remains properly financed, well equipped and capably managed. We have worked with Team Contracting, Inc. for many years and have found them to have an excellent reputation in the community. If Team Contracting, Inc. is awarded a job and all underwriting requirements are met, we look forward to providing a performance & payment bond for the captioned project. As this is a letter of recommendation, Risk Strategies Company, Berkley Insurance Company, its agents and owners accept no liability for its contents. The Surety reserves the right to review each submission and base our final decision upon conditions which exit at that time. Please do not hesitate to contact me directly should you have any questions. Sincerely, isk Strategies Company ichael Bonet, Attorney -In -Fact ;rkley Insurance Company VEtANCF\ Y� �P�044 F Cow W SEAL z •� 1975 0 9350 South Dixie Highway, Suite 1400 • Miami, FL 33156 • 305.446.2271 • riskstrategies.com DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F No. BI-10071C-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of RSC Insurance Brokerage, Inc. of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to.he signed and attested by its appropriate oftim9 and itt corporate seal hereunto affixed this loth day of January 2021 Attest: Berk] Insurance Company a� c°\\\111 By r By ✓ y`H�1I. i erman JSe Executive Vice President &Secretary . \e csident ar STATE OF CONNEMCUT ) ) ss: COUNTY OF FAMMLD ) Sworn to before me, a Notary Public in the State of Connecticut, this 20th day of January , 2021_ __, by Ira S. Lederman and lefty M. HaBez who are sworn to me to be the Exeaitive Vice Presid Secretary, and L-Senior Vice President, respectively, of Berkley Insurance Company. N T��' ' CONNEC?IcUr G My co� o2024 otary Public, State o Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HSRBBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded n63amhority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of ed, is in full force and effect as of this date.15th March 2023 der my hand and seal of the Company, thisday of Vvlcent P. Fortc DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.2 Safety Team Contracting, Inc. is devoted to practicing safety standards throughout our various projects and job sites. We have developed and maintained a safety program that is administered by the company's Vice President and Safety Coordinator, Daniel Gell. Attached is our Experience Modification Rate (EMR) for the past three years. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42nd Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ;ksl( strategies March 15, 2023 To whom it may concern, Team Contracting Inc.'s Experience Modification Rating (EMR) for the previous three years are as follows: 2022-2023:0.90 2021-2022:1.00 2020-2021:0.99 Please do not hesitate to contact me if you have any questions. Sincerely, t) Stefany Delgado Account Manager (305) 648-7504 ■ 9350 South Dixie Highway, Suite 1400 • Miami, FL 33156 • 305.446.2271 • riskstrategies.com DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F a AL I V r - 10 5`1 kwo I TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.3 Local Workforce Team Contracting, Inc. and our pre -qualified pool of subcontractors, primarily provide its construction services to the government (local and federal) sector. This equates to vast experience when it comes to administering and promoting programs that contain Local Workforce Participation Goals. We take all required steps to achieve the required contract goals. Some of our steps taken to promote employment opportunities are as follows: - We work with several local employee staffing companies. - Notices of job opportunities are posted on the job site. - Notice of job opening forms are submitted to the county's Small Business Development (SBD) Division of Regulatory and Economic Resources Department (RER) for posting. - Websites such as CareerSource South Florida are used to post job openings. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42"d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.4 Davis Bacon/Prevailing Wages Team Contracting, Inc. and our pre -qualified pool of subcontractors, primarily provide its construction services to the government (local and federal) sector. This equates to vast experience when it comes to administering and managing projects that contain Davis Bacon/Prevailing Wages. Below is a list of recently completed projects that contained Davis Bacon/Prevailing Wages: - City of Miami Beach — London House (Design -build project for the Housing Authority of the City of Miami Beach administered through the offices of Capital Improvement Projects). - Hialeah Housing Authority — Accessibility Interior and Exterior Improvements at Ashley Plaza - Hialeah Housing Authority — Accessibility Improvements at La Esperanza - Hialeah Housing Authority — Public Corridors A/C System Installation at Patterson Pavilion T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42°d Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F TEAM TEAM CONTRACTING General Contractors & Design Builders CGC 061511 • CGC 046372 4.5 Small/Disadvantaged Business Enterprise (S/DBE) or LGBT-owned business Team Contracting, Inc. and our pre -qualified pool of subcontractors, primarily provide its construction services to the government (local and federal) sector. This equates to vast experience when it comes to administering and managing projects that contain Small/Disadvantaged Business Enterprise (S/DBE) or LGBT-owned business goals. Having been a Small/Disadvantaged and Minority Business for many years, we at Team Contracting, Inc. personally understand the importance programs such as these have to help small/disadvantaged business owners grow their businesses. We have taken and will continue to take the following steps to include small/disadvantaged businesses in our pre - qualified pool of subcontractors: - Placing qualified small and minority businesses and women's business enterprises on our solicitation lists. - Assuring that small and minority businesses, and women's business enterprises are solicitated whenever they are potential sources. - Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. - Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. - Using the services and assistance of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. - We also recommend that our subcontractors take the above -mentioned steps if they need to subcontract portions of their work. Team Contracting, Inc., as shown in the previous section (4.4 Davis Bacon/Prevailing Wages) has experience on federally funded projects. We are familiar with the Code of Federal Regulations (CFR) and it's 50 different subject matter titles and check back to it annually for any changes. T (305) 207-9799 . F (305) 207-9790 13911 Southwest 42ed Street, Suite 209 . Miami, FL 33175 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F MIAMI BEACH INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (1) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Umbrella Liability Insurance in an amount no less than $4,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. E. Liquor Liability Insurance on an occurrence basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F 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 Compliant 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 vendor of his liability and obligation under this section or under any other section of this agreement. DocuSign Envelope ID 47D633C7-B033-4922-99FE-E9FF8071 B47F RESOLUTION No.I 2023-32674 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2023- 096-KB FOR JOB ORDER CONTRACTING (JOC) SERVICES FOR HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE -QUALIFIED CONTRACTORS AS SET FORTH IN ATTACHMENT A FOR THE CATEGORIES OF HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE RECOMMENDED PROPOSERS UPON THE CONCLUSION OF SUCCESSFUL NEGOTIATIONS WITH EACH VENDOR; AND FURTHER REQUIRING THAT ANY PROJECT TASK ORDER WITH A VALUE GREATER THAN $2 MILLION BE SUBJECT TO PRIOR APPROVAL BY THE MAYOR AND CITY COMMISSION. WHEREAS, JOC is a project delivery method utilized by many public organizations to expedite construction projects through competitively bid, fixed price, multi -year contracts. JOC contracts are based on a construction task catalog, which includes unit pricing for over 300,000 tasks potentially needed on a project, and an agreed -upon multiplier, which covers the contractor's overhead, insurance, and profit; and WHEREAS, one of the most important considerations in a JOC process is a comprehensive and accurate construction task catalog ("CTC"); and WHEREAS, the City has partnered with The Gordian Group, the nation's leading provider of facility and construction cost data, software, and services for the JOC process and all phases of the building lifecycle; and WHEREAS, the Gordian Group prepares a CTC that is issued with the solicitation and is based on construction task pricing in the local area, which may be adjusted annually based on local market pricing fluctuations; and WHEREAS, when a project is ready for construction, a contractor and the organization work together to develop the task order for the construction phase of the project based on the CTC tasks needed for the project; and WHEREAS, through JOC, projects can move from design to construction in a matter of weeks, not months as is typical when a separate procurement must be processed for each project; and WHEREAS, the ability to quickly assign competitively selected contractors to time -sensitive projects, including projects for maintenance or repairs and projects funded through general obligation bonds, is critical to expediting the City's capital program and maintenance needs; and WHEREAS, on October 16, 2019, the Mayor and City Commission approved the award of contracts to 18 contractors pursuant to ITB 2019-257-KB for job order contracting services in various categories of work; and WHEREAS, the agreements for the categories of vertical (building), horizontal (roadwork or civil), and seawall/coastal are scheduled to expire in November 2023; and DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F WHEREAS, as a result, the Administration prepared Request for Qualifications (RFQ) 2023- 096-KB seeking proposals for a replacement contract; and WHEREAS, on February 1, 2023, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2023-096-KB for Job Order Contracting (JOC) services for horizontal, vertical, seawall/coastal construction; and WHEREAS, on February 3, 2023, the RFQ was issued and a voluntary pre -proposal conference was held on February 16, 2023, to provide information to proposers submitting a Response; and WHEREAS, the Procurement Department issued bid notices to 57,300 companies through the e-procurement system, with 123 prospective bidders accessing the advertised solicitation and RFQ responses were due and received on May 19, 2023; and WHEREAS, the City received proposals from the following contractors in each category: Vertical Construction Carivon Construction Co. F. H. Paschen Florida Palm Construction, Inc. H.A. Contracting Corp Harbour Construction, Inc. Lee Construction Group, Inc. Team Contracting, Inc. Unitech Builders Corp. Horizontal Construction Amici Engineering Contractors LLC Carivon Construction Comp. David Mancini Sons, Inc. F.H. Paschen Harbour Construction, Inc. JC1 International, Inc. Lanzo Construction Co. Lee Construction Group, Inc. The Stout Group, LLC Unitech Builders Corp. Seawall and Coastal Construction Adventure Environmental, Inc. CHC Marine Services David Mancini Sons, Inc. Harbour Construction, Inc. In Depth, Inc. Kearns Construction Co. Lee Construction Group Shoreline Foundation, Inc. The Stout Group LLC Unitech Builders Corp.; and WHEREAS, on June 20, 2023, the evaluation committee appointed by the City Manager via LTC # 200-2023 convened to consider the proposals received; and DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F WHEREAS, the Committee was comprised of Elizabeth Estevez, Parks Capital Projects Manager, Parks, and Recreation Department; Herman Fung, Project Manager, Capital Improvement Projects Office; Francisco Garcia, Division Director, Facilities and Fleet Management Department; Pablo Gomez, Senior Capital Projects Coordinator; Office of Housing and Community Services; Matthew LaPera, Construction Manager, Public Works Department; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ, which resulted in the ranking of proposers, as noted below: Vertical Construction 1 st ranked — Team Contracting, Inc. 2nd ranked — Harbour Construction, Inc. 3rd ranked — Lee Construction Group, Inc. 4th ranked — H.A. Contracting Corp 5th ranked — Unitech Builders Corp. 6th ranked — F. H. Paschen 7th ranked — Carivon Construction Co. 7th ranked — Carivon Construction Co. 8th ranked — Florida Palm Construction, Inc. Horizontal Construction 1 st ranked — Amici Engineering Contractors LLC 2nd ranked — Harbour Construction, Inc. 3rd ranked — David Mancini Sons, Inc. 4th ranked — Lee Construction Group, Inc. 5th ranked — Unitech Builders Corp. 6th ranked — Lanzo Construction Co. (tied) 6th ranked — The Stout Group, LLC (tied) 8th ranked — F.H. Paschen (tied) 8th ranked — JCI International, Inc. (tied) 10th ranked — Carivon Construction Comp. Seawall/Coastal Construction 1 st ranked — Kearns Construction Co. 2nd ranked — Shoreline Foundation, Inc. 3rd ranked — In Depth, Inc. 4th ranked — CHC Marine Services (tied) 4th ranked — Harbour Construction, Inc. (tied) 6th ranked — David Mancini Sons, Inc. 7th ranked — Adventure Environmental, Inc. 8th'ranked — Lee Construction Group 9th ranked — Unitech Buiiders Corp. 10th ranked — The Stout Group LLC; and WHEREAS, the current agreement for JOC services has multiple contractors awarded for each category of work and during the term of the current agreement, the task orders issued have DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F been issued for approximately 40 projects, with an average project cost of approximately $400,000, totaling approximately $16 million; and WHEREAS, accordingly, based on prior usage of the services and the projected volume of work for which the JOC services would be required, staff recommends awarding to the following top - ranked contractors in each category: Vertical Construction 1 st ranked — Team Contracting, Inc. 2nd ranked — Harbour Construction, Inc. 3rd ranked — Lee Construction Group, Inc. 4th ranked — H.A. Contracting Corp Horizontal Construction 1st ranked —Amici Engineering Contractors LLC 2nd ranked — Harbour Construction, Inc. 3rd ranked — David Mancini Sons, Inc. Seawall/Coastal Construction 1 st ranked — Kearns Construction Co. 2nd ranked — Shoreline Foundation, Inc. 3rd ranked — In Depth, Inc. 4th ranked — CHC Marine Services (tied) 4th ranked — Harbour Construction, Inc. (tied) 6th ranked — David Mancini Sons, Inc. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 2023-096- KB for Job Order Contracting (JOC) Services for Horizontal, Vertical, and Seawall/Coastal Construction; authorize the Administration to establish a pool of pre -qualified contractors as set forth in Attachment A for the categories of Horizontal, Vertical, and Seawall/Coastal Construction; further authorize the City Manager and City Clerk to execute agreements with each of the recommended proposers upon the conclusion of successful negotiations with each vendor; and further require that any project task order with a value greater than $2 million be subject to prior approval by the Mayor and City Commission. PASSED AND ADOPTED this 0 ATTEST: JUL 2 8 2023 RAFAEL . GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney 9� Date day of �u` 2023. xczz__��� DAN GELBER, MAYOR �3 1 'sINCORP�OR�TED DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Competitive Bid Reports - C2 C MIAMI BEACH COMMISSION MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 26, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2023-096-KB FOR JOB ORDER CONTRACTING (JOC) SERVICES FOR HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE -QUALIFIED CONTRACTORS AS SET FORTH IN ATTACHMENT A FOR THE CATEGORIES OF HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE RECOMMENDED PROPOSERS UPON THE CONCLUSION OF SUCCESSFUL NEGOTIATIONS WITH EACH VENDOR; AND FURTHER REQUIRING THAT ANY PROJECT TASK ORDER WITH A VALUE GREATER THAN $2 MILLION BE SUBJECTTO PRIORAPPROVAL BYTHE MAYOR AND CITY COMMISSION. RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation pertaining to the proposals received, pursuant to Request for Qualifications (RFQ) 2023-096-KB, for job order contracting (JOC) services for horizontal, vertical, seawall/coastal construction. The Resolution authorizes the Administration to establish a pool of prequalified contractors, as set forth in Attachment A, for the categories of horizontal, vertical, and seawall/coastal construction. The Resolution also authorizes the City Manager and City Clerk to execute an agreement upon the conclusion of successful negotiations and requires that any project task order with a value greater than $2 million be subject to prior approval by the Mayor and City Commission. Any task order for a project with a value of up to $2 million will be approved by the City Manager or designee and will continue to be reported monthly to the Mayor and City Commission. The solicitation is currently under the cone of silence. BACKGROUND/HISTORY J OC is a project delivery method utilized by many public organizations to expedite construction projects through competitively bid, fixed price, multi -year contracts. JOC contracts are based on Page 39 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F a construction task catalog, which includes unit pricing for over 300,000 tasks potentially needed on a project, and an agreed -upon multiplier, which covers the contractor's overhead, insurance, and profit. JOC has been used extensively for over 40 years by federal, state, and local organizations. A white paper on the JOC process is attached hereto as Attachment B. One of the most important considerations in a JOC process is a comprehensive and accurate construction task catalog ("CTC"). To that end, the City has partnered with The Gordian Group, the nation's leading provider of facility and construction cost data, software, and services for the JOC process and all phases of the building lifecycle. The Gordian Group prepares a CTC that is issued with the solicitation and is based on construction task pricing in the local area. The CTC may be adjusted annually based on local market pricing fluctuations. When a project is ready for construction, a contractor and the organization work together to develop the task order for the construction phase of the project based on the CTC tasks needed for the project. The multiplier, which is preset in the contract, is applied to the sum of all CTC tasks that will be required for the project. The multiplier includes the contractor's overhead, insurance, and profit. The steps of the task order development phase are outlined below. Step 11 — Joint Scope Meeting: City and contractor review project and design details. Step 22 — Price Proposal: Contractor prepares a detailed price proposal by selecting the tasks in the CTC needed for the project. The contract multiplier is applied to the sum of all CTC tasks. Step — Price Proposal Review. City reviews price proposal to ensure that the correct CTC tasks, quantifies, and multiplier have been applied. Step 4 — Task Order Approval: Task orders with a value of up to $2 million will be approved by the City Manager or designee. Task orders with a value greater than $2 million to be subject to prior approval by the Mayor and City Commission. The contractor provides the bonds (if applicable) and the work may commence. Through JOC, projects can move from design to construction in a matter of weeks, not months as is typical when a separate procurement must be processed for each project. The ability to quickly assign competitively selected contractors to time -sensitive projects, including projects for maintenance or repairs and projects funded through general obligation bonds, is critical to expediting the City's capital program and maintenance needs. On October 16, 2019, the Mayor and City Commission approved the award of contracts to 18 contractors pursuant to ITB 2019-257-KB forjob order contracting services in various categories of work. The Agreements for the categories of vertical (building), horizontal (roadwork or civil), and seawall/coastal are scheduled to expire in November 2023. As a result, the Administration prepared Request for Qualifications (RFQ) 2023-096-KB seeking proposals for a replacement contract. ANALYSIS On February 1, 2023, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2023-096-KB for Job Order Contracting (JOC) services for horizontal, vertical, seawall/coastal construction. On February 3, 2023, the RFQ was issued. A voluntary pre -proposal conference was held on February 16, 2023, to provide information to proposers submitting a response. The Procurement Department issued bid notices to 57,300 companies through the e-procurement system, with 123 prospective bidders accessing the advertised solicitation. RFQ responses were due and received on May 19, 2023. The City received proposals from the following contractors in each category: Page 40 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F Vertical Construction Carivon Construction Co. F. H. Paschen Florida Palm Construction, Inc. H.A. Contracting Corp Harbour Construction, Inc. Lee Construction Group, Inc. Team Contracting, Inc. Unitech Builders Corp. Horizontal Construction Amici Engineering Contractors LLC Cadvon Construction Comp. David Mancini Sons, Inc. F.H. Paschen Harbour Construction, Inc. J C I International, Inc. Lanzo Construction Co. Lee Construction Group, Inc. The Stout Group, LLC Unitech Builders Corp. Seawall and Coastal Construction Adventure Environmental, Inc. CHC Madne Services David Mancini Sons, Inc. Harbour Construction, Inc. In Depth, Inc. Kearns Construction Co. Lee Construction Group Shoreline Foundation, Inc. The Stout Group LLC Unitech Builders Corp. On May 2, 2023, the City Manager appointed the Evaluation Committee via LTC # 200-2023. The Evaluation Committee convened on June 20, 2023, to consider the proposals received. The Committee was comprised of Elizabeth Estevez, Parks Capital Projects Manager, Parks, and Recreation Department; Herman Fung, Project Manager, Capital Improvement Projects Office; Francisco Garcia, Division Director, Facilities and Fleet Management Department; Pablo Gomez, Senior Capital Projects Coordinator; Office of Housing and Community Services, Matthew LaPera, Construction Manager, Public Works Department. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers, as noted in Attachment B and below. Vertical Construction Page 41 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 1st ranked — Team Contracting, Inc. 2nd ranked — Harbour Construction, Inc. 3rd ranked — Lee Construction Group, Inc. 4th ranked - H.A. Contracting Corp 5th ranked — Unitech Builders Corp. 6th ranked — F. H. Paschen 7th ranked — Carivon Construction Co. 8th ranked — Florida Palm Construction, Inc. Horizontal Construction 1 st ranked — Amici Engineering Contractors LLC 2nd ranked — Harbour Construction, Inc. 3rd ranked — David Mancini Sons, Inc. 01 ranked — Lee Construction Group, Inc. 5th ranked — Unitech Builders Corp. 6th ranked — Lanzo Construction Co. (tied) 6th ranked — The Stout Group, LLC (tied) 8th ranked — F.H. Paschen (tied) 8th ranked — J C I Intemational, Inc. (tied) 10th ranked — Carivon Construction Comp. Seawall/Coastal Construction 1 st ranked — Kearns Construction Co. 2nd ranked — Shoreline Foundation, Inc. 3rd ranked — In Depth, Inc. 4th ranked — CHC Marine Services (tied) 4th ranked — Harbour Construction, Inc. (tied) 6th ranked — David Mancini Sons, Inc. 7th ranked — Adventure Environmental, Inc. 8th ranked — Lee Construction Group 9th ranked — Unitech Builders Corp- 1 Oth ranked — The Stout Group LLC The current agreement for JOC services has multiple contractors awarded for each category of work. During the term of the current agreement, the task orders issued have been issued for approximately 40 projects, with an average project cost of approximately $400,000, totaling approximately $16 million. Accordingly, based on prior usage of the services and the projected volume of worts for which the JOC services would be required, staff recommends awarding to the following top -ranked contractors in each category. A summary of each firm is available upon request. Vertical Construction 1 st ranked — Team Contracting, Inc. 2nd ranked — Harbour Construction, Inc. Page 42 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F 31d ranked — Lee Construction Group, Inc. 01 ranked — H.A. Contracting Corp Horizontal Construction 1st ranked — Amici Engineering Contractors LLC 2nd ranked — Harbour Construction, Inc. 3rd ranked — David Mancini Sons, Inc. Seawall/Coastal Construction 1 It ranked — Kearns Construction Co. 2nd ranked — Shoreline Foundation, Inc. 3rd ranked — In Depth, Inc. 4th ranked — CHC Marine Services (tied) 4th ranked — Harbour Construction, Inc. (tied) 6th ranked — David Mancini Sons, Inc. The Administration will typically select a contractor for a project on a rotational basis to maintain equity among the awarded contractors. For unique projects requiring a specific competency, the requesting department may review contractor qualifications and recommend a specific contractor based on unique skills or experience. SUPPORTING SURVEY DATA Not Applicable. FINANCIAL INFORMATION The Administration will enter into negotiations with the selected contractors to include but not be limited to applicable contract provisions and the adjustment factors that will be applicable to each category of work. The City may equalize the adjustment factor amongst all contractors for similar categories. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposers) in the event the parties are unable to negotiate a contract. During the term of the current agreement, the City has project task orders totaling approximately sixteen million dollars, with an average project size of $400,000. However, the City anticipates that the volume of work pursuant to the JOC program will increase due to recent bond programs approved and as more projects require expediting, including resiliency projects such as the city- wide seawall initiative and deferred maintenance projects. It is anticipated that the majority of projects issued under this RFQ will be valued below $2 million. Projects above $2 million will require prior approval by the Mayor and City Commission. Any task order for a project with a value of up to $2 million will continue to be included in the Procurement Report LTC issued monthly. CONCLUSION The JOC program will continue to provide a resource to expedite smaller, critical needs and GO Bond projects through competitively selected contractors that can be quickly deployed. After Page 43 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F considering the submissions, the Evaluation Committee process, the lists of capital projects and GO Bond projects for which the JOC program is appropriate, it is recommended that the Administration be authorized to negotiate with following contractors in each category of work in order to establish a pool of prequalified JOC contractors for expediting future worts. Vertical Construction Team Contracting, Inc. Harbour Construction, Inc. Lee Construction Group, Inc. H.A. Contracting Corp Horizontal Construction Amici Engineering Contractors LLC Harbour Construction, Inc. David Mancini Sons, Inc. Seawall/Coastal Construction Kearns Construction Co. Shoreline Foundation, Inc. In Depth, Inc. CHC Marine Services Harbour Construction, Inc. David Mancini Sons, Inc. Upon approval of this item, staff will negotiate with the recommended firms to establish the terms and conditions and the multiplier (i.e., overhead, insurance, and profit) that will be applied to the sum of all CTC tasks as a percent. As has been stated, the JOC program provides a competitively awarded process for expediting many projects as the contractors are preselected and can be quickly assigned a project without the need to issue a competitive solicitation every time a project is identified. For the contract that may result from this RFQ, the Administration anticipates that many of the capital renewal and replacement or priority projects will continue to be expedited through the JOC program. JOC was also helpful in completing a number of quick -win projects from the 2018 GO Bond. In addition, J OC is anticipated to be utilized on smaller projects (less than $2 million) that will need to be expedited as part of the GO Bond —Arts and Culture, including portions or repair/replacement projects at the Bass Museum, Miami City Ballet, The Colony Theater, the Miami Beach Botanical Garden, Art Deco Welcome Center, the North Beach Oceanfront Center (UNI DAD), and others. Any project with a value greater than $2 million will require approval of the Mayor and City Commission. Also, the Public Works Department conducted a seawall prioritization effort that identified 66 segments that require work, with approximately 15,000 linear feet of seawall construction planned. The Department is anticipating expediting completion of these projects through the JOC program. For the reasons stated herein, it is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to establish a pool of prequalified contractors, as set forth in Attachment A for the categories of horizontal, vertical, and seawall/coastal construction; and further authorizing the City Manager and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations providing that any task order for a specific project which is greater than $2 million be subject to prior approval by Page 44 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F the Mayor and City Commission. Any task order for a project with a value of up to $2 million will continue to be reported to the City Commission monthly. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" itempursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking CIP/Facilities/Parks/Public Worics(Transportation/Procurement ATTACHMENTS: Description ❑ Attachment A - Recommended Contractors ❑ Attachment B - JOC White Paper ❑ Attachment C - Evaluation Committee Results ❑ Resolution Page 45 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F ATTACHMENT A Request for Qualifications (RFQ) 2023-096-KB Job Order Contracting ("JOC") For Horizontal, Vertical, Seawall/Coastal Construction Vertical Construction Team Contracting, Inc. Harbour Construction, Inc. Lee Construction Group, Inc. H:A. Contracting Corp Horizontal Construction Amici Engineering Contractors LLC Harbour Construction, Inc. David.Mancini Sons, Inc. Seawall and Coastal Construction Kearns Construction. Co. Shoreline Foundation, Inc. In Depth, Inc. CHC Marine Services Harbour Construction, Inc. David Mancini Sons, Inc. Page 46 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F RSMeans Business Solutions 'tey�';ape-=r cad ; Methods and Techniques of Implementation Presented by RSMeans Business Solutions Robert Gair, Principal Executive Summary Job Order Contracting (JOC), is a general contracting method for the delivery of maintenance, upgrade and refurbishment services for buildngs. JOC greatly reduces the amount of estimating and bidding activities needed to precede the work, allows for quicker delivery, and helps foster long-term relationships between the client and the general contractor which are based on the quality delivery of services. JOC is philosophically similar to the design -build methodology that is used for "ground up" (e.g., new buildings) facility construction. Construction professionals who are familiar with design -build should be comfortable with the use of JOC. JOC was developed in the early eighties by the US. Department of Defense to expedite the routine repair and maintenance of worldwide military facilities in order to decrease the inherent inefficiencies in traditional design -bid -build practices when applied to a large volume of small projects. From the experiences of those who have implemented it, the key to the successful application of JOC is to understand the fundamental methodology and its strengths and limitations. JOC is most successful when applied to the general contracting situations for which it was designed — a large number of repair, refurbishment and upgrade projects performed by a single contractor, or limited number of general contractors, under a fixed -price bid. The contractors are constantly evaluated on the quality of the work delivered. However, for either end of the contracting spectrum, ground up (new) or specialty (craft) contracting, JOC is not an optimal solution. Since JOC revolves around the use of a mutually accepted Unit Price Book (UPB) and estimating techniques, accurate and timely location construction data is critical. To this end, it is fundamental to the success of JOC that both.parties understand the components of the JOC line -item estimates, and the workup of JOC estimates for any given scope of work. In this RSMeans Technical White Paper, we present a discussion of the findings of our interviews with construction executives who use JOC across a range of settings —from the general contractor's perspective, as well as that of the client, to private and public construction ►narke'ts. Our discussions have shown that construction innovators on both sides of the table (client and contractor alike) are expanding the application: of JOC — successfully modifying the original ►►►ethodology to suit their needs, which are always centered around the quality delivery of a large number of simultaneous repair, refurbish and upgrade projects. Benefits in terns of quicker scheduling and co►rnpletionn, better quality work, better value over traditional design -bid -build nnethods, and higher end -user satisfaction are conn►►onplace. Page 47 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071 B47F Methods and Techniques of JOC Implen epitation JOC Utilization Among Variotts Industries In the school and municipal sectors, there appears to be growing adoption of the JOC methodology. The critical factor always seems to be the amount of experience and familiarity with JOC procedures. In some cases, state legislation can pose obstacles (having been written in an era of multiple bid, lowest price contracting, and without the awareness of the single -award, multiple -project nature of JOC), but in many states, the legislation is simply silent on the issue. Certain states (most notably, Texas, Arizona and Washington, to name a few) have embraced JOC as a contracting tool for state contracts. In certain cases, facilities engineering and construction managers who are ex -military have been hired and can bring the JOC methodologies into the organization. Another issue that is driving the adoption of JOC is reduced budgets. The budgets require owners to obtain more value for the construction dollar, and often, owners attempt to utilize in-house maintenance staffs for repair, renovation and refurbishment projects. In-house staffs may not be well -suited for these projects, and other maintenance duties are detracted from. All of these factors together tend to push organizations toward the adoption of JOC. The JOC approach dramatically cuts engineering, design, and contract procurement time by awarding long-term contracts for a wide variety of renovation, repair and minor construction jobs. JOCs typically are awarded with durations of 3 to 6 years. Annual volumes on specific JOCs can range from $1 million to $100 million. Typical average values are in the range of $50,000 to $5,000,000. The method of pricing under the terms of a JOC contract is a Unit Price Book (UPB) which has 40,000 to 60,000 line items organized in the Construction Specifications Institute's CSI Divisions. JOCs are usually awarded on the basis of a combination of, the contractor's technical/management proposal and coefficient, with strong consideration given to the contractor's past performance on similar work. Many JOCs are awarded to contractors who do not submit the lowest coefficient, but rather have a superior technical/management proposal and demonstrate strong past performance. Using contract coefficients and the RSMeans UPB minimizes the potential for differences of opinion between the owner and contractor over pricing of the individual delivery orders. The owner's review of the contractor's proposal usually focuses on three basic issues: • Is the line item selected appropriate for the scope of the work? • Does the line item in the proposal reflect the correct quantity of work involved? • Is the proposal within the owner's budget? Current JOC Practices The implementation of JOC has expanded beyond its original methodology, and diverse practices that enhance the benefits of JOC (e.g., substantial reductions in project bid -to -completion time, better value for the construction dollar, better contractor/client relationships, and high levels of end -user satisfaction with construction services for the owner) are noted. Size of Contractor — Orientation Toward JOC and Owner View Several construction services clients observed that JOC seems to be favored by medium-sized contractors (ranging from $20 million to $50 million in annual billings) who would typically have about 20% to 25% of their annual revenue in JOC awards. The contractors use this relatively predictable work to smooth out cash Flow during the year. The contractor has to be of sufficient size and have a field supervisor on site, sometimes as a "working" supervisor. Typically, this would be a contracting firm with at least four or five field supervisors on staff. Conversely, this tends to limit the participation of the larger contractors, whom, the client respondents believe, tend not to assign the proper level of field supervision to the JOC contracts since they expect their field supervisors to oversee a larger size and scope of work for each project. Page 48 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Metlwds and Techniques o(JOL' Iniph-mentation Advantages of JOC Contracting Successful implementation of JOC is dependent on knowledge, by both the contractor and the client, of the strengths and limitations of JOC and a keen understanding of the common language of estimating as expressed in the Unit Price Book — the key document that provides the mutually accepted basis for the JOC awards. The benefits of a ur11-administrated JOC program (involving both experienced clients and contractors) are well documented: increased construction dollar value, steady and profitable uoork for qualified contractors, and satisfied clients and end users. The procurement and contract process for each delivery order is greatly simplified because the ortmer does not need a complete engineering and design package and does not have to spend the time and money to advertise for public bids for each project. Also, the work is generally started more quickly. Few construction methodologies can match this menu of benefit., for all parties involved. The owner has the benefit of using a contractor who is well qualified. Usually the contractor is required to submit a technical/management proposal that is evaluated to confirm capability and past performance. References on similar contracts are also carefully checked. These two factors, combined with the price proposal, are usually the basis for award of a JOC. In this wav, long-term partnering relationships are fostered. Emergency and urgent projects can also be responsively accomplished. For facilities that have strict security requirements, the contractor will have a staff with security clearances that can perform the work without delay. JOC contracting is an effective means for government and institutional owners to accomplish construction work on existing facilities. When properly managed by both the owner and contractor, JOC provides responsive work at a fair price. RSWans U, Reed Construction Data Page 49 of 1588 DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Rp9w1 br OW111896on, )RFO) 2971 a"e Jot 0,6W coft 9s 9 (,.`)am pw Fpry Mai V W%a1. S—V WAMM La Conwucfon Tw cr.e.w Im 9e o ; ps w o F albw C9IIs1O9n Im 97 0 L p t N 0 Lw Cw69999n G QW k- 96 0 M 7 IS 0 M A CWWG" Cap 94 0 94 93 0 U119e, eWr9 Cap M 0 IN . 7 96 0 F /1 Padws 92 0 97 e 91 0 Cr CQ,.W.*rr Co w 0 Vl ! ; 90 0 F Ir16 Pubn Cw0rudkcn Inc 63 0 63 e . e9 0 C.—C. aw d-Co 0 F H POK"W 0 F brrb Palm Cor vurfon Inc 0 N A ContscWV Crp 0 F1Frbq Coran� Mc 0 Lw C-.*uO- Grua K 0 Tw C ,&mc" Inc 0 IkA.-h 9u60w• Crp 0 ArW-1 VeRMAL CONSTRUCT lok I L LOW F—~o Oawcb PFbb a.— 2 um wlle Qw*N 9.r111S O+rY1wM QMMA 9raor OrrYYew Orr.9Y1.� . 99 i; w u w r 1. ve W 1{ 9e 0 90 t 97 0 97 1 14 Q tr 1 13 7 96 ! 91 0 93 4 0 95 !9 0 >7 16 7 93 ! 95 0 154 96 67 0 67 61 • •1 Z 71 • w !' W 0 W �t 91 0 91 4 r6 1 A, e '9 91 1 9/ 0 97 11 7• 0 7e a1111 1y • �i 71 93 W 0 W •, 87 0 82 �l 7'1_ 4_ 71 w 7 eD • tb U ee • 69 0 96 ! 71 i 1e • 3 • DocuSign Envelope ID: 47D633C7-B033-4922-99FE-E9FF8071B47F Raw99r for Qwdlk o" IIKQI Jot Ordw ConYmmoq fJOC"1 iw Enuowh E W-1 H.—cm VW6046Sr.wto." �-. 1. QrM A— ERV.Mw.10�� ... e.,y, rm nyrlon .rc I �-- th. SW C—ip Ll( H P..Ur.n _ JCI IAMtigrrl W Cw Contour*Wr Comp 00 A— EnUVqWft0 Cw 0 On.O Mardi/ r!te _ Q � -_ Nwbw9P - e 1 -M9 1111I0 _ 0 i L- C--ruc - GMW lop, th. SIMA Group u.0 -� UrM..h &.VCw. Cap HOR.TAL CON9tIRLIC T ION n Fyn. {r.--. Qr� PW. �l M.RMw L.P.r. C low T. V/.1RI. � AVO^0. � rd. sltA.r Too �rw. 1 ul.r+nr.. ♦rerr �IwM_w , Iue.rr �--1 0....... orrr.r.. -�. t_ - ♦ -__ _. - ♦ - -p 0 97 7 70 IV A - 97 - N - .� 0 90 T' 77 it 1s to 99 o _ - n } 0 91 y w _ ! �s 30 • e9 39 0 _ M 0 _a 0 99 8' N _ _ j 1 By n IV _ _ !B 0 A IFt 0 97 7' @ Rapoaal W Q9a98CAbDAS JRfO) . i9Js•eWK8 Job Orrin Coft".9,JOC') F. EluabNh Eati.a HoAmr" Vemco e60w4i9Cowlal lA.wucb- T Q.n O�i�we�—��—•ref ShoMb- { 91 0 94 2 1n Chipth � 91 0 91 1 CHC Ma SIKvn>•a e9 0 89 Hobe Com9oc49n Inc 9T 0 92 J [ aYlr MarrJn Song Inc 87 0 87 8 9r Ad..nt" E—nolI— 90 0 90 5 t M C-41— 0n G—W w 0 90 5 LNO-h &AMW t Cap 65 0 es 9 Inn SrfAll trto4+I t 84 0 84 10 MvKllwetnwannnlr lnc 1 o" . h470018 cmwv~ ft� i rn UapN bm _ Q_ K— ConWo,Ogye��.�o I. M C071rI11Ee�1 `^!R L . `3h1nIkM fOYw1A�a1191C. __ �_ _ Th SW.A Group LLC Lkdb 1•uWnI Cory !•ANALLXOA9TAI CONSTNUCT1ON /M.man Ferny F—O— Oarcr Q19�a Qrn9Msw eublar OurlWw Qlawwllrew elbow 100 V 100 1 99 0 99 99 0 99 2 4 M 0 9e e1 0 87 )10 97 0 97 96 0 90 • 95 0 96 9e 0 90 _ ! 90 0 90 99 0 90 2 93 0 93 96 0 96 N 0 9s 99 0 0 e7 0 87 98 0 9e el 0 el 95 0 95 9/ 0 94 WAMMt. N'"�n elw uw •� ow.M.ew ow.rrw e.rrr � � arlww o.r�uwnw s,mlr _ T 97 0 9T 5 96 0 de 1 99 0 W 1 17 0 11 5 91 0 94 • 87 0 87 • 6 9e 0 9e • s 88 0 as 1 N _ 0 99 1 83 0 0.1 T 9!.__ 0 m 58 0 se .9 M 0 w • 55 0 55 9 M 0 82 t 47 0 O 8 1• 0 79 ID� 40 0 TO