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Coastal Construction Company00 %- a 6.5^ 7� - W AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN CITY OF MIAMI BEACH, FLORIDA AND COASTAL CONSTRUCTION COMPANY FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT TO RESOLUTION NO. 2007-26570, FOR A NEGOTIATED GUARANTEED MAXIMUM PRICE FOR THE CONSTRUCTION OF A NEW CART BARN; THE FULL RENOVATION OF THE EXISTING MAINTENANCE BUILDING AND THE CONSTRUCTION OF NEW CHEMICAL STORAGE AND SAND CONTAINMENT BINS; AND THE CONSTRUCTION OF TWO (2) NEW RESTROOM FACILITIES AT NORMANDY SHORES GOLF COURSE, IN AN AMOUNT NOT TO EXCEED $1,816,169, INCLUDING CONTINGENCY THIS AGREEMENT, made and entered into this 6th day of June, 2007, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, FI. 33139 (hereinafter City), and COASTAL CONSTRUCTION COMPANY, a Florida corporation whose address is 5959 Blue Lagoon Drive, Suite 200, Miami, FL, 33126 (hereinafter CMR). WITNESSETH: WHEREAS, the City intends to renovate the existing Club House Facility and the Maintenance Building, and construct a Cart Barn, Restrooms, Chemical Storage Building, and Sand Bins at the Normandy Shores Golf Course, and desires to engage the services of CMR; and WHEREAS, CMR desires to act as Construction Manager At Risk to the City to provide the services as set forth in this Agreement. NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and CMR agree as follows: 1 ARTICLE I DEFINITIONS The following terms shall have the meanings specified below; any capitalized terms referred to herein and not defined shall have the meanings set forth in the Agreement between City and CMR: 1.01 Architect/Engineer or A/E: The "Architect/Engineer" or "A/E" shall mean that person or firm designated as the architect/engineer for the Project, or any portion thereof. Also referred to as the Consultant, this entity has entered into a separate agreement with the City for design services for the Project. For purposes of this Agreement, the Architect/Engineer of record for the Project is Architeknics Inc., whose principal address is 7450 SW 48 Street, Miami Florida, 33155. 1.02 Bonds: The "Bonds" shall mean the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond furnished by CMR as required by this Agreement. 1.03 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the Bond(s). 1.04 Budget: The minimum amount established by the City for this Project. CMR herein acknowledges that, prior to execution of this Agreement; it has received the City's written Budget for the Project. 1.05 City or Owner: The "City" or "Owner" shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. The City, as a governmental entity, is subject to the availability of funds and annual appropriation of funds by its legislative body and other governmental authorities or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the event of lack of funding for this Agreement, or the Project subject to this Agreement, this Agreement may be terminated by the City pursuant to the procedures in Article IV. 1.06 City Commission: "City Commission" shall mean the governing and legislative body of the City. The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 2 1.06.1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or modifications to this Agreement. 1.06.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein, or any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporation. 1.06.3 All City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate amendment to this Agreement. 1.06.4 The City Commission shall approve or consider all contract amendments which exceed the sum of Twenty -Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami Beach Code in its Procurement Ordinance, as same may be amended from time to time. 1.07 City Manager: The "City Manager" shall mean the Chief Administrative Officer of the City. The City Manager shall be construed to include any duly authorized designees, including, a Program Coordinator, and shall serve as the City's representative to whom administrative requests for approval shall be made and who shall issue authorizations exclusive of those authorizations reserved to the City Commission, to the CMR. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the CMR pursuant to the Scope of Services set forth in this Agreement, as same may be amended from time to time. 1.07.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement, which are not otherwise expressly provided for in this Agreement, and he shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the CMR's work. 1.07.2 The City Manager shall additionally be authorized, but not required, upon written request of the CMR, to reallocate monies already budgeted toward payment of the CMR; provided, however, that he cannot increase the CMR's compensation or other budgets established by this Agreement. 3 1.07.3 The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 1.07.4 The City Manager or his designee shall be the representative, on behalf of the City authorized to issue a Notice to Proceed. 1.07.5 The City Manager may approve contract amendments which shall not exceed the sum of Twenty -Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time to time. 1.07.6 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. 1.08 CMR Principal: The "CMR Principal" shall be the person designated by the CMR as its senior representative to the City. The CMR Principal shall perform those duties required in this Agreement and shall have the authority to commit and obligate the CMR, and to fully act for the CMR in all matters. 1.09 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties hereto arising out of or based upon the terms and conditions of the Contract Documents. 1.10 Contract Amendment or Change Order: "A Contract Amendment" or "Change Order" shall mean a written order to the Construction Manager approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in the fees or completion dates, as applicable, and executed by the City, CMR Principal, and the A/E. Contract Amendments and/or Change Orders affecting changes to the Work shall be countersigned by the CMR Principal, and the A/E. Contract Amendments and/or Change Orders shall be approved by the City Commission if they exceed Twenty -Five Thousand Dollars and 00/100 ($25,000.00), or by the City Manager if they are Twenty -Five Thousand Dollars and 00/100 ($25,000.00) or less in amount (or such other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time to time). Even for Contract Amendments and/or Change Orders for less than Twenty -Five Thousand 4 Dollars and 00/100 ($25,000.00) the City Manager shall retain the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendments and/or Change Orders. 1.11 Construction Change Directive: The term "Construction Change Directive" shall mean a written directive to effect changes to the Work, prepared by the A/E and executed by the City. 1.12 Construction Manager at Risk (CMR): The firm of Coastal Construction Company, a Florida corporation whose address is 5959 Blue Lagoon Drive, Suite 200, Miami, FI., 33126, has been selected by the City pursuant to Resolution No. 2007-26570, to provide Construction Management At -Risk services for this Project. CMR shall function as a General Contractor under the terms and conditions of the Contract Documents, as same may be amended. 1.12.1 CMR shall be liable for its services, responsibilities and liabilities under this Agreement, as well as the services, responsibilities and liabilities of any subcontractors, and any other person or entity acting under the direction or control of the CMR. When the term "Construction Manager At Risk" or "CMR" is used in this Agreement, it shall be deemed to include any subcontractors and any other person or entity acting under the direction or control of CMR. 1.12.2 Any subcontractors retained by CMR pursuant to this Agreement and the Project, must receive the prior written approval of the City. 1.13 CMR's Fee: The term "CMR's Fee" or "Fee" shall mean, for purposes of this Agreement only, a fixed fee, in the amount of $1,816,169, representing the fee negotiated for CMR's construction services, as contemplated herein, and which includes contingency. Notwithstanding anything to the contrary, if the Agreement is terminated, the CMR shall be entitled to receive only that portion of the Fee herein, representing all work performed to date relating to the Project. 1.14 Construction Schedule: The term "Construction Schedule" shall mean a critical path schedule or other construction schedule, as defined and required by the Contract Documents. 1.15 Construction Team: The term "Construction Team" shall mean the construction team consisting of representatives of the CMR, the City, and the A/E. 5 1.16 Contingency: The term "Contingency" shall mean a line item contingency amount contained in the Schedule of Values for the Project, which contingency amount shall be included within the GMP for the Project. The Contingency shall be used as a source of funds for the costs reasonably and necessarily incurred and paid by the CMR, which costs shall be at rates not higher than the standard paid in the locality of the Work, as follows: (1) in connection with the proper performance of Work required hereunder which Work was unforeseeable by the CMR, the A/E, and the City at the time of execution of the Agreement pertaining hereto, notwithstanding the CMR's exercise of due diligence in connection herewith; and (ii) to the extent that any portion of the Contingency remains unallocated on the date of Final Completion and after the issuance of final payment for the Project, which remaining portion of the Contingency shall accrue to the benefit of the City. The Contingency amount shall be used at the discretion of the City and must be approved by the City, prior to the CMR using it. 1.17 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including this Agreement and any amendments hereto. 1.18 Contract Documents: The "Contract Documents" include Resolution No. 2007-26570; this Agreement, and all attachments, exhibits, and amendments thereto; and such other documentation as may be listed as an attachment and/or an exhibit to this Agreement. 1.19 Contract Time: The time period defined within this Agreement for the CMR to complete the work and receive a certificate of final completion. 1.20 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work, including those contained within Change Orders and Construction Change Directives, issued and executed in accordance with the Agreement, including without limitation, all notes, schedules, and legends on such Drawings. 1.21 General: Except as defined herein, or as otherwise defined in the Contract Documents, words which have well-known technical meanings or otherwise have accepted construction industry meanings are used in the Contract Documents in accordance with such well-known or accepted meanings. 1.22 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum certain set forth in the Agreement as the Project price that the CMR guarantees not to exceed for the Project for all services within the Agreement. 6 1.23 Laws: The term "Laws" shall include all Federal, State, County and local laws, statutes, regulations, ordinances, rules, and building codes applicable to the Project, including, without limitation, orders of any public authority having jurisdiction over the Project, building, labor, safety, licensing, or environmental laws and local building codes, building standards, and trade practices affecting the Project, as same may be amended from time to time. 1.24 Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of the CMR's recommended modifications to the Drawings and Specifications relating to the Project based on an evaluation of the Project requirements; on and off-site development; survey requirements; and Project budget requirements; and a review of the design documents; and the Drawings and Specifications; and the Contract Documents. 1.25 Project: The term "Project", in its entirety shall mean that certain City construction project referenced in Resolution No. 2007-26570, involving the renovation of the Normandy Shores Golf Course Facilities, which includes the renovation of the Maintenance Building and construction of a Cart Barn; two Restrooms; a Chemical Storage Building and Sand Bins; and any additional work contained within Change Orders and Construction Change Directives, issued and executed in accordance with the Agreement. 1.26 Schedule of Values: The term "Schedule of Values" shall mean the document that sets forth the detailed cost breakdown, including labor, materials, and taxes, of the GMP set forth in the applicable GMP Proposal, the sum of which shall not exceed the GMP. 1.27 Scope of the Work: The term "Scope of the Work" shall mean all services, labor, materials equipment, operations and construction management services that are indicated in, or reasonably inferable from the Contract Documents. 1.28 Specifications: The "Specifications" consist of any and all written requirements for materials, equipment, construction systems, standards, and workmanship for the Work which are identified as the Specifications in the Agreement, Contract Amendment(s), or Construction Change Directive(s) issued and executed in accordance with the Agreement. 1.29 Subcontractors: 1.29.1 A "Subcontractor" is a person or entity which has a direct contract with the CMR to perform or supply a portion of the Work and the term includes such Subcontractor's 7 authorized representatives. CMR shall obtain the written approval of the City prior to changing or modifying the subcontractors and other professional associates. 1.29.2 The CMR represents that it has made and will make reasonable investigation of all Subcontractors to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the CMR of its prime and sole responsibility for the performance of the Work under this Agreement. 1.29.3 All rates, multipliers and any other fees charged by any Subcontractors shall be not more than those rates, multipliers and other fees in any contracts that any such Subcontractors may have either with the City directly or as a Subcontractor under some other City agreement or more than what is typically charged in the industry. 1.29.4. CMR shall bind each and every approved Subcontractor to the terms stated in this Section and shall require the proper licensing of such Subcontractors. 1.30 Substantial Completion: The term "Substantial Completion" is as defined in the Contract Documents, as same may be amended. 1.31 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the A/E certifies to the City by means of a certificate of Substantial Completion as the date when the CMR has achieved completion of the Project or any phase thereof in accordance with the General Conditions of the Contract Documents and applicable laws and the City of Miami Beach Building Department issues a Certificate of Occupancy (CO) or Certificate of Completion (CC) for Renovation Projects. Notwithstanding the preceding, if a situation arises beyond the control of the CMR, and the issuance of a Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at its sole and reasonable discretion, that the Project or any phase thereof has been Substantially Completed. 1.32 Taxes: The term "Taxes" shall mean all taxes related to the performance of the Work or any portion thereof, including but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment compensation, and similar taxes. 8 1.33 Work: The term "Work" means all supervision, labor materials, and equipment required by the Contract Documents to be provided by or through the CMR for the entire Project and all other services necessary to fulfill the CMR's obligations hereunder to perform the Scope of the Work, including, as the context may require, any portion of the Work with respect to the Project. The uncapitalized term work is used in its ordinary sense. 1.34 Proposal Documents: (Intentionally Omitted). 1.35 Force Majeure: "Force Majeure" shall mean any delay occasioned by superior or irresistible force(s) occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood, and loss caused by fire and other similar unavoidable casualties; changes in federal law, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties control; or by any other such causes which the City and the CMR decide in writing justify the delay. Provided, however, that market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. ARTICLE II RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER AT RISK 2.1 The CMR accepts the relationship of trust and confidence established between it and the City by this Agreement. The CMR represents that it will furnish its best skill and judgment in performing the CMR's services and the Work, and shall always act to further the interest of the City in the expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with the Contract Documents and prudent and customary construction practices. 2.2 By signing this Agreement, the CMR accepts a fiduciary duty with the City and warrants and represents to the City that the CMR: a) has all licenses and certifications required by applicable law to perform the CMR's services and the Work; b) is experienced in all aspects of construction planning for projects similar to the Project; 9 c) will act in the City's highest and best interest in performing the CMR's services and the Work; and d) that no employee or affiliate of the CMR, including all subconsultants, subcontractors and suppliers, at any tier, has been convicted of a public entity crime, fraud, theft, and/or property damage crime within the preceding thirty-six (36) months from the date of execution of this Agreement, pursuant to Section 287.133, Florida Statutes. The CMR acknowledges and agrees that the City is relying on these representations and covenants as a material inducement to enter into this Agreement. ARTICLE III DUTIES AND RESPONSIBILITIES The CMR shall perform the following responsibilities and duties: 3.1 All CMR procedures, recommendations, documentation, record retention, etc. must conform to the Project requirements including applicable sections of the City's procedures; A/E's procedural manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes, regulations and procedures that may be required by the State, County, City, or any agency, utility or similar governmental entity. 3.1.1. Develop, for City approval and for full compliance by CMR, a Project specific procedures manual detailing the entire Project process including, at minimum, the following: a) Exhibit I (Contract Documents); Exhibit II (Schedule); Exhibit III (Sworn Statement Section 287.133(3)(a)FS on Public Entity Crimes; Exhibit IV (Insurance Checklist); Exhibit V (Best Value Amendment) to this Agreement. b) Construction coordination, scheduling, communication, and documentation procedures among the CMR, the A/E, subcontractor(s), subconsultant(s), and other departments or organizations who require coordination with and/or input into the Work. c) Project best value reports (weekly). d) Requests for Information. 10 e) Contract Amendment(s) process. f) Shop Drawing submittals. g) Project closeout. Said procedures manual shall be presented no later than with the first application for payment. 3.2 Coordination and Scheduling 3.2.1 Coordination with A/E - In providing the CMR's services described in this Agreement, the CMR shall maintain a working relationship with the A/E. However, nothing in this Agreement shall be construed to mean that the CMR assumes any of the responsibilities or duties of the A/E. The CMR shall be solely responsible for construction means, methods, techniques, sequence, and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations for performing in accordance with the CMR's Agreement with the City. The CMR's services shall be rendered compatibly and in cooperation with the A/E's services to the City. It is not intended that the services of the A/E and the CMR be competitive or duplicative, but rather be complimentary. 3.2.2 General Coordination - The CMR shall coordinate with and include activities in both the schedule referred to in this Section and other schedules required in the Contract Documents the work of consultants, testing labs, and other consultants employed by the City, as well as the reviews required by the City and other agencies and the A/E. 3.2.3 Scheduling - The CMR shall, upon execution of this Agreement, meet with the A/E and City representatives to review the A/E Agreement (final) and the Project. The CMR shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule, to be called the revised most current schedule to the A/E Agreement. This schedule shall be submitted to the City within fourteen (14) days of execution of this Agreement. Should the parties not be able to reach final agreement on a revised schedule for purposes of the Project, which include(s) a schedule for all CMR services, which the CMR believes to be fair, reasonable, and in the best interest of the Project. The City shall then determine what schedule is to be utilized, and the City's decision with regard to same shall be final, and binding upon the parties. 11 3.3 Permits and Fees - The CMR will be responsible for coordinating with the A/E the submittal of all required documents for permits. CMR shall be responsible for obtaining any and all permits and paying any and all related fees for the Work. The City shall not pay the CMR any additional sums beyond the GMP for these services. Fees for building permits issued by the City of Miami Beach shall be paid by the City. Fees for other permits shall be the responsibility of the CMR. 3.4 Preaualification - The CMR shall prepare a subcontractor's prequalification plan. The CMR shall submit to the City the CMR's list of pre -approved Subcontractors for each element of the Work to be subcontracted by the CMR. This list shall be developed by the execution of the subcontractor's prequalification plan noted above. The City reserves the right to reject any subcontractor proposed for any bid to be considered by the CMR. Any claims, objections or disputes arising out of the prequalification plan or list are the responsibility of the CMR. The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the prequalification plan, and/or the subcontractor's list. 3.5 Scope of Work - The CMR shall receive subcontract proposals which, when combined with the work the CMR intends to do with its own forces, shall represent the entirety of the Scope of Work required of this Agreement. 3.6 Time of Performance 3.6.1 Conformance with Approved Schedule- The CMR shall perform all the duties required by this Agreement in such a way and time as to conform to the most recently approved schedule. 3.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CMR acknowledges specifically that the CMR has reviewed the most current approved schedule; has given any necessary input to the City regarding any need to modify that schedule to accommodate the CM at Risk process; and shall not be entitled to additional time or money in order to conform the CMR services to that schedule. 3.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of the effective date of this Agreement, the CMR shall present to the City a schedule for the CMR's duties, deliverables, and requirements showing the start and completion of design phase activities to be performed by the CMR. 12 3.7 PAYMENT BREAKDOWN 3.7.1 Application for Payment Submittal- The CMR shall submit monthly an application for payment for the proportional amount of the Fee based upon the percentage of the Work completed. This proportional amount shall be determined by agreement among the A/E, City, and CMR. 3.7.2 Time Extensions- In the event the performance of the CMR is delayed by reasons outside the CMR's control, the CMR shall request in writing an extension of time to this Agreement. Said request for extension shall include a proposed revised schedule and documentation as to the cause of the delay. The CMR's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension. No damages for delay shall accrue to the benefit of the CMR as a result of any delays to the performance of this Agreement. Specifically, the CMR agrees that the failure of the A/E to maintain the design schedule shall be non -compensable to the CMR, and CMR's sole remedy shall be an extension of time. 3.7.3 Extra Services- Should the CMR be requested or required by the City to provide services which the CMR believes are outside and/or in addition to the scope of this Agreement, the CMR shall, within five (5) days of being requested to perform such services, notify the City in writing of the CMR's opinion that they are extra services to this Agreement; the reason the CMR believes they are outside the scope of this Agreement; and the proposed costs, and time impact, if any, for the performance of same. The City may direct the CMR to proceed with such services pending a final determination as to the compensation. In such case, the CMR's right to consideration shall not be waived by proceeding as directed. 3.8 Citv's Right to Require Documentation and Audit — The City may, as deemed necessary, require from the CMR support and/or documentation for any submission. Upon execution of the Agreement, the CMR agrees that the City shall have unrestricted access during normal working hours to all CMR's records relating to this Project, including hard copies as well as electronic records, for a period of three years after final completion of the Project. ARTICLE IV 13 TERMINATION 4.1 Termination for Cause — The City may terminate this Agreement for cause in the event that the CMR (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and CMR fails to cure same within thirty (30) days following written notice to CMR. In that event, such termination shall become effective upon seven (7) days written notice to CMR. 4.1.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another CMR or otherwise. In such event, the CMR shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete services, and the cost of completion of such Services which would have resulted from payments to the CMR hereunder had the Agreement not been terminated. 4.1.2 Payment only for Services satisfactorily performed by the CMR and accepted by the City prior to receipt of a Notice of Termination for Cause, shall be made in accordance with this Article 4 herein and the City shall have no further liability for compensation, expenses or fees to the CMR. 4.1.3 Upon receipt of a written Notice of Termination, the CMR shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 4.1.4 In the event of a termination for cause, no payments to the CMR shall be made (1) for Services not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly of submittal of documents, as provided above. 4.2 Termination for Convenience — The City, in addition to the rights and options to Terminate for Cause, as set forth above, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to CMR, in writing, fourteen (14) days prior to termination. 14 4.2.1 In the event the City terminates the Agreement for its convenience, as provided herein, the CMR shall be compensated for all Services satisfactorily rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 4 herein, and the City shall have no further liability for compensation, expenses or fees to the CMR. 4.3 Termination by CMR — The CMR may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, and has failed to cure same within thirty (30) days following written notice from the CMR. In that event, CMR may terminate this Agreement upon written notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that event, payment for Services satisfactorily performed prior to the date of termination shall be made in accordance with this Article 4. 4.3.1 The CMR shall have no right to terminate this Agreement for convenience of the CMR. 4.4 Implementation of Termination — In the event of termination, either for cause or for convenience, the CMR, upon receipt of the notice of termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination and as specifically set forth therein. 4.5 Non -solicitation — The CMR warrants that it has not employed or retained any company or person, other than an employee working solely for the CMR, to solicitor secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the CMR for any reason whatsoever. 15 ARTICLE V INDEMNIFICATION 5.1 CMR shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of any kind or nature arising out of the negligent act, error, or omission of CMR, its agents, servants or employees in the performance of services under this Agreement. 5.2 In the event that CMR abandons this Agreement or causes it to be terminated by City, CMR shall indemnify, hold harmless, and defend the City, its agents, servants, and employees against any loss pertaining to such termination. 5.3 CMR hereby affirms that it shall be responsible for the acts, errors, and omissions of its Subcontractors and it shall indemnify, defend, and save harmless the City, its agents, servants, and employees from any and all claims by third parties which may arise on account of services rendered by CMR's Subcontractors. 5.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. ARTICLE VI MISCELLANEOUS 6.01 Ownership of Documents — All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared or provided by CMR in connection with this Agreement shall become the property of the City, and shall be delivered by CMR within ten (10) days after receipt of written notice. Any re -use of documents by City without written verification or adaptation by CMR for the specific purpose intended will be without liability to CMR. 6.02 Records — CMR shall keep such records and accounts and require any and all CMR and Subcontractors to keep such records and accounts as may be necessary in order to record 16 complete and correct entries as to personnel hours charged to the Project, and any expenses for which CMR expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by CMR in accordance with such statutes. 6.03 Ecual Opportunity Employment 6.03.1 CMR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. CMR agrees to furnish City with a copy of its Affirmative Action Policy. 6.04 Public Entity Crimes Act — In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a CMR, 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 bid on leases of real property to the City, may not be awarded or perform work as a CMR, supplier, subcontractor, or subcontractor under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CategoryTwo for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by CMR shall result in cancellation and may result in CMR's debarment. 6.05 No Contingent Fee — CMR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CMR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for CMR any fee, commission, 17 percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 6.06 Assignment — This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CMR, under any circumstances, without the prior written consent of City. 6.07 Insurance — The CMR shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the CMR shall not commence with work on the Project until satisfactory proof of the following insurance coverage has been furnished to the City. CMR will maintain in effect the following insurance coverage: (a) Comprehensive General Liability Insurance, in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (b) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. (c) Business Automobile Liability Insurance with minimum limits of one million dollars($1,000,000) per occurrence combined single limit for bodily injury liability, and one million dollars($1,000,000) per occurrence for property damage liability. Coverage must include owned vehicles and hired non -owned vehicles. The City of Miami Beach, Florida must be named an additional insured in this policy. 6.07.1 CMR must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage to the City. 6.07.2 CMR shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this Section. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that City shall be given thirty (30) days written notice prior to expiration or cancellation of the policy. Should CMR fail to obtain, maintain, or renew the policies of insurance referred 18 to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be repaid by CMR to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If CMR does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) per year until paid and such failure shall be deemed an event of default hereunder. 6.08 All Prior Agreements Superseded/Amendments — This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.09 Notices — Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR CITY OF MIAMI BEACH (CITY): Jorge E. Chartrand Director, Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 19 FOR CONSTRUCTION MANAGER AT RISK (CMR): Jeff Lee Vice President Coastal Construction Company 5959 Blue Lagoon Drive, Suite 200 Miami, FL, 33126 6.10 Interpretation — The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 6.11 Protection of Records — CMR shall protect from harm and damage all data, drawings, specifications, designs. models, photographs, reports, surveys and other data created or provided in connection with this Agreement (collectively, City Property), while such data and materials are in CMR's possession. Such duty may include, but is not limited to, making back- up copies of all data stored by electronic device on any media, taking reasonable actions to prevent damage by impending flood or storm (including, but not limited to, removing the City Property to a safe location), and establishing and enforcing such security measures as are reasonably available, considering the customary practice within CMR's trade or possession. 6.12 Exhibits and Attachments — In the event of conflict between the terms contains in this Agreement and the terms contained in any of the documents attached or incorporated herein, the terms of this Agreement shall control and shall be given full effect. 20 6.13 Observance of Laws — Throughout the term of this Agreement, the CMR shall keep fully informed of all federal, State and local (City and County) laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work authorized under the terms of this Agreement, and shall further take into account all known pending changes to the foregoing of which it should be reasonably aware. The CMR shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees. 6.14 Agreement Severable; No Waiver— In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 6.15 Citv's Own Forces — The City reserves the right to perform construction and operations related to the Project with the City's own forces, and to award contracts in connection with the Project which are not part of the CMR's responsibilities under this Agreement. 6.16 GOVERNING LAW AND EXCLUSIVE VENUE — This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CMR AND 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 AGREEMENT. 6.17 Limitation of Liability 6.17.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the Fee paid to CMR herein, less any sums paid by the City. CMR hereby expresses its willingness to enter into this Agreement with CMR's recovery from the City for any damage action for breach of contract to be limited to a maximum the Fee paid to CMR herein, less any sums paid by the City. 6.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CMR 21 hereby agrees that the City shall not be liable to CMR for damages in an amount in excess the Fee paid to the CMR herein, less any sums paid by the City, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA By: fAlka Y 12 ancL,,. Signature / City Clerk Robert Percher By: Matti Herrera Bower Vice -Mayor ATTEST: COASTAL CONSTRUCTION COMPANY By:siee4/1 //dLBy: Signature / Secretary 4lde2i/4-*J di( Sign ure Vice -President Print Name Print Name 23 APPROVED AS TO FORM & LANGUAGE a FOR FXE UTION 2 01 ney(if\ D.te EXHIBIT I CONTRACT DOCUMENTS ATTACHMENT A THE DRAWINGS ATTACHMENT B THE SPECIFICATIONS ATTACHMENT C GENERAL AND SUPPLEMENTARY CONDITIONS ATTACHMENT D CMR's WAGE SCHEDULE ATTACHMENT E CMR GMP NEGOTIATION MEETING MINUTES AND NEGOTIATED PRICES 24 Attachment A & B Coastal Construction Normandy Shores - Rest/Bathrooms Drawing Log Job No: 01-5752 by Discipline Date: 5/25/2007 Project No: 01-5752 Latest Revision Page: 1 of 1 Drawing Latest Latest Rev. Number Rev. No. Date Title Received Sent Designer Architecture A00 00 1/31/2007 Project Manual & Specification 3/16/2007 ARCHIT A00-00 00 2/1/2007 Cover Page 2/15/2007 ARCHIT A01-01 00 2/1/2007 Overall Site Plan -New 2/15/2007 ARCHIT A01-02 00 2/1/2007 Site Plan -New 2/15/2007 ARCHIT A02-01 00 2/1/2007 Floor Plan/Reflected Ceiling/Roof Plan & 2/15/2007 ARCHIT Elevations A04-01 00 2/1/2007 Building Sections & Wall Sections 2/15/2007 ARCHIT A06-01 00 2/1/2007 Floor Plan / INT Elevations & Schedule 2/15/2007 ARCHIT A08-01 00 2/1/2007 Details 2/15/2007 ARCHIT 1-1 00 2/1/2007 Abbreviations/General Notes/Index of DWGs 2/15/2007 ARCHIT CiVil GO 00 2/1/2007 Overall Site Plan Proposed 2/15/2007 CSAGRO C-1 00 2/1/2007 Water & Sewer Connection 2/15/2007 CSAGRO Electrical E -OA 00 2/1/2007 Overall Site Plan -New 2/15/2007 BASASS E-1 00 2/1/2007 Toilet#1 & #2 Power and Lighting Plan 2/15/2007 BASASS Mechanical M-1 00 2/1/2007 Mechanical Floor Plan Schedule & Details 2/15/2007 BASASS Plumbing P-1 00 2/1/2007 Plumbing Floor Plan, Isometrics, Notes & Details 2/15/2007 BASASS Structural S-1 00 2/1/2007 Structural Plans 2/15/2007 CSAGRO S-2 00 2/1/2007 Notes Details & Schedules 2/15/2007 CSAGRO Expedition® Report R_DRAW_02a Page 1 of 1 Attachment A & B Coastal Construction Normandy Shores - Cart Barn Bldg. Drawing Log by Discipline Latest Revision Job No: 01-5753 Project No: 01-5753 Drawing Latest Latest Rev. Number Rev. No. Date Title Date: 5/25/2007 Page: 1 of 1 Received Sent Designer Architecture AO 00 1/31/2007 Project Manual & Specification 3/16/2007 ARCHIT A0-0 00 2/1/2007 Cover Page 2/15/2007 ARCHIT A1-1 00 2/1/2007 Overall Site Plan -New 2/15/2007 ARCHIT A1-2 00 2/1/2007 Partial Site Plan -Demolition 2/15/2007 ARCHIT A1-3 00 2/1/2007 Partial Site Plan -New 2/15/2007 ARCHIT A2-1 00 2/1/2007 Floor Plan 2/15/2007 ARCHIT A2-2 00 2/1/2007 Reflected Ceiling Plan 2/15/2007 ARCHIT A2-3 00 2/1/2007 Roof Plan 2/15/2007 ARCHIT A3-1 00 2/1/2007 Elevations 2/15/2007 ARCHIT A4-1 00 2/1/2007 Building Sections 2/15/2007 ARCHIT A5-1 00 2/1/2007 Wall Sections 2/15/2007 ARCHIT A6-1 00 2/1/2007 Partial Floor Plan -Interior Elevations 2/15/2007 ARCHIT A8-1 00 2/1/2007 Details 2/15/2007 ARCHIT A9-1 00 2/1/2007 Door/Window Finish -Schedules 2/15/2007 ARCHIT I-1 00 2/1/2007 Abbreviations / General Notes / Index of Drawings 2/15/2007 ARCHIT Civil C-0 00 2/1/2007 C-1 00 2/1/2007 C-2 00 2/1/2007 C-3 00 2/1/2007 C-4 00 2/1/2007 D-2 00 2/1/2007 Electrical E-00 00 2/1/2007 E-01 00 2/1/2007 E-02 00 2/1/2007 E-03 00 2/1/2007 E -OA 00 2/1/2007 Landscape L-1 00 9/22/2006 Life Safety LS -1 00 2/1/2007 Mechanical M-01 00 2/1/2007 M-02 00 2/1/2007 Plumbing P-01 00 2/1/2007 P-02 00 2/1/2007 Structural S-1 00 2/1/2007 S-2 00 2/1/2007 S-3 00 2/1/2007 S-4 00 2/1/2007 Expedition® Overall Ste Plan Proposed 2/15/2007 CSAGRO Existing Conditions 2/15/2007 CSAGRO Plan Proposed 2/15/2007 CSAGRO Overall Site Plan Proposed 2/15/2007 CSAGRO Water & Sewer Plan 2/15/2007 CSAGRO Water & Sewer Details 2/15/2007 CSAGRO LTG. Fixture Schedule, Notes & Legend 2/15/2007 BASASS Floor Plan -Cart Barn -Lighting 2/15/2007 BASASS Floor Plan -Cart Bam-Power 2/15/2007 BASASS Panel Schedules & Riser Diagram. 2/15/2007 BASASS Overall Site Plan -New 2/15/2007 BASASS Preliminary Landscape Plan 2/15/2007 LAULLE Life Safety Plan 2/15/2007 ARCHIT Floor Plan -Cart Bam Mechanical Floor Plan -Cart Bam Mechanical Floor Plan -Cart Bam Plumbing Plumbing Isometrics, Notes & Details Foundation Plan Cart Barn Roof Plan Cart Bam Sections Notes Details & Schedules 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 CSAGRO Report R_DRAW 02a Page 1 or 1 Coastal Construction Job No: 01-5754 Project No: 01-5754 Drawing Latest Number Rev. No. Architecture A00 A00-00 A01-01 A01-02 A01-03 A02-01 A02-02 A02-03 A02-04 A02-05 A02-06 A02-07 A03-01 A03-02 A03-03 A06-01 A08-01 A09-01 1-1 Civil C-0 C-1 C-2 C-3 C-4 Electrical E -OA E2-1 E2-2 Life Safety LS -1 Mechanical M2-1 M2-2 M2-3 Plumbing P2-1 P2-2 P3-1 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Latest Rev. Date 1/31/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 11/6/2006 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 2/1/2007 Structural S-1 00 2/1/2007 Expedition® Attachment A & B Drawing Log by Discipline Latest Revision Title Project Manual & Specification Cover Page Overall Site Plan -New Partial Site Plan -Demolition Partial Site Plan -New Floor Plan Demolition Reflected Ceiling Plan -Demolition Roof Plan Demolition Floor Plan -New Reflected Ceiling Plan -New Roof Plan -New New Covered Floor Plan Roof Plan Elevations -Demolition Elevations -New Elevations Partial Floor Plan & Interior Elevations Details Door / Window Finish - Schedules Abbreviations / General Notes / Index of Drawings Maintenance Building Proposed Maintenance Building Maintenance Building Maintenance Building Drainage Plan Maintenance Building Overall Site Plan -New Floor Plan -Power Floor Plan -Lighting Life Safety Plan CMI Overall Site Plan Existing Conditions Site Plan Paving, Grading and Water & Sewer Plan Floor Plan -Demolition Floor Plan -Mechanical Details - Schedules - General Notes Floor Plan -Demolition Floor Plan -Plumbing Details - Schedules - Plumbing Notes Roof Wind Pressures Normandy Shores - Maintenance Bldg. Received Sent Date: 5/25/2007 Page: 1 of 1 Designer 3/16/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 ARCHIT 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 CSAGRO 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 12/19/2006 ARCHIT 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 BASASS 2/15/2007 CSAGRO Report R_DRAW_02a Page 1 of 1 00800. GENERAL CONDITIONS: 1. Project Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. 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. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 1 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre -construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [ ] CPM [X] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. 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 will 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. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. 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, neither CONSULTANT nor BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 2 CITY shall be responsible for the nonperformance by the utility owners. 3.2. 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 referred to in Section 3.1, 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. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the 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 pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 3 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. 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. 4.4. 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 as Form 00735. 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. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. 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. 5.1.2. 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 BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 4 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. 5.1.3. 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 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 5.2. 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 (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 5 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, 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 Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: XX-XXIXX CITY OF MIAMI BEACH DATE: 07/20/06 6 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 7 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. Employers' Non -Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. [] 7.1.4.1. Waiver of Occupancy Clause or Warranty --Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ ] 7.1.4.2. Flood Insurance --When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 8 7.1.5.1. 7.1.5.2. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. Flood Insurance --When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 9 9. Royalties and Patents: 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 this Contract for said work. 10. 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 Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates 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 controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, 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. 11.2. 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 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 10 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 11 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. 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 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. 13.1.2. 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. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. 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. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT, 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 superintendent and any necessary BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 12 assistants, all satisfactory to CONSULTANT. The superintendent shall not be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's 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. 14.3. 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 controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. 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 Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 13 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 14 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assianment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: XX -,000( CITY OF MIAMI BEACH DATE: 07/20/06 15 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, 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. 19. Differing Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. 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, whether or not charged as a result of the conditions, 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 Article 12. 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 and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 16 20. Plans and Working Drawings: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. 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 will 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 knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. 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, except as provided in Article 29. 22.2. 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, except as provided in Article 29. 23. 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, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 17 24. Suoolementary Drawinas: 24.1. 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. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. 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 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. 25.3. 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, Article 23 hereof and any claim regarding latent defects. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 18 25.4. 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. 26. 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. 27. Subcontracts: 27.1. 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. 27.2. 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. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than % percent of the Contract Price. 28. Separate Contracts: 28.1. 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. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 19 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so 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. 28.3. 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 contractor 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. 28.4. 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. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 20 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. 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. 30.2. 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. 31. 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 BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 21 dose any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. 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. 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. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. 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 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. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that 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. 32.4. 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 22 33. 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. 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. 34. Continuing the Work: 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. 35. Changes in the Work or Terms of Contract Documents: 35.1. 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. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 23 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental Instructions,: 36.1. 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. 36.2. 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. 37. Chanae Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project 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 be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 24 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Chance Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of 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 Section 38.3. 38.2.1. 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 BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 25 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. 38.2.2. 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. 38.2.3. 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. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 26 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. 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. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, 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 Tess market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. 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 BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 27 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 referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. 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. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 28 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%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. 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. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) 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. 38.8. 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. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. 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." BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 29 39. Notification and Claim for Chanae of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. 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; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 30 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay: Compensable; Non -Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non -compensable: (a) Compensable Excusable Delay. 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. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 31 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be N/A per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non -Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, 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 BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 32 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. 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. 44.2. Within thirty (30) 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. 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. 44.3. After the approval of the list of items required in Section 44.2 above, 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. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. 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. 44.6. CONSULTANT shall review and approve Shop Drawings within twenty- one (21) 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 33 44.7. 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. 44.8. 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. 44.9. 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. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. 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 made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 34 45.3. 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. 46. Safety and Protection: 46.1. 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 Toss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. 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. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction 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. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, 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, shall be remedied by CONTRACTOR. CONTRACTOR's 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 Article 29 hereof. 46.3. 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 superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 35 [ X 1 47. Final Bill of Materials: 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. 48. 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 CONSULTANT. 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. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or 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. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. 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, BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 36 excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up: Citv'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 therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: 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. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 37 54. 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. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 38 City of Miami Beach Weekly Report Wednesday, August 15, 2007 Project Title: N.S. Golf Course Facilities Con: Location: RestRooms Contractor: Coastal Construction Current Completion Date: 10/1/2007 Original Award Amount: $ 244,169.00 Original Completion Date: 10/1/2007 Project Satisfaction Rating: #VALUE! Risk No.: #VALUE! OVERALL RISK Overall Contractor INFORMATION Status Risk # Total Risks 2 0 # Overdue Risks 2 0 # Open Risks 2 0 Days Delayed 0 0 % Delayed #VALUE! #VALUE! Potential 0 0 Resolved _ 0 0 Additional Cost $0 _ $0 % Over Award _ 0.0% 0.0% Potential $0 $0 Resolved $0 $0 **Days delayed are calendar days, not work days** No. 1 2 No. 1 2 2 Designer Risk Owner Risk 2 2 2 0 #VALUE! 0 0 $0 0.0% $0 $0 AWARDS & MODIFICATIONS Award / Modification Date Type Days Activity 0 0 0 0 #VALUE! 0 0 $0 0.0% $0 $0 Unforeseen Risk 0 0 0 0 #VALUE! 0 0 $0 0.0% $0 $0 $� Description Total Contract $ 244,169.00 % Billed 0% % Completed 0% SCHEDULE -MILESTONES % Complete REMARKS Owner Contact: Humberto Cabanas, 305-673-7071 Facility Manager: Parks & Recreation, 305 673 7000 Project Manager: Humberto Cabanas, 305-673-7071 Proiected Contract Contractor: Arron Palmer, 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge, 305.205.4905 07-20-07_normandyshoresfacilitiesconstructionbathrooms - Page 1 LI Coastal Cart Barn Attachment D 5 MONTHS 22 WEEKS SALARY AND WAGE SCALE 5/30/2007 1:56 PM Cost Code Category Description quantity Unit TOTAL FIELD SUPERVISION 80125 Labor Superintendent F 22 weeks 26,334 PROJECT MANAGEMENT 80131 Labor Asst. Project Manager 22 weeks 13,174 80154 Labor Purchasing F 3 weeks 3,115 CONTRACT ADMINISTRATION 80175 Labor Contract Administrator - Office F 22 weeks 5,250 80176 Labor Accounting - Clerical F 22 weeks 1,650 80177 Labor Accounting - Manager F 22 weeks 1,188 GENERAL LABOR 80251 Labor General Laborer F 11 weeks 4,528 SAFETY 80129 Labor Safety Director F 22 weeks 528 PUNCH OUT / CLOSEOUT 80635 Labor Punch -Out (1 man crew) F 2 weeks 1,500 General Conditions Form 052303 Page 1 of 1 E Coastal Toilet Buildings Attachment D 5 MONTHS 22 WEEKS SALARY AND WAGE SCALE 5/29/2007 Cost Code Category Description Quantity Unit TOTAL 4:40 PM FIELD SUPERVISION 80125 Labor Superintendent F 22 weeks 6,114 PROJECT MANAGEMENT 80157 Labor Project Executive F 22 weeks 660 80131 Labor Asst. Project Manager 22 weeks 3,915 80154 Labor Purchasing F 3 weeks 500 CONTRACT ADMINISTRATION 80175 Labor Contract Administrator - Office F 22 weeks 875 80176 Labor Accounting - Clerical F 22 weeks 2,750 80177 Labor Accounting - Manager F 22 weeks 200 GENERAL LABOR 80251 Labor General Laborer F 11 weeks 750 SAFETY 80129 Labor Safety Director F 22 weeks 100 PUNCH OUT / CLOSEOUT 80635 Labor Punch -Out (1 man crew) F 2 weeks 300 General Conditions Form 052303 Page 1 of 1 E Coastal Maintenance Building Attachment D 5 MONTHS 22 WEEKS SALARY AND WAGE SCALE Cost Code Category Description Quantity Unit TOTAL FIELD SUPERVISION 80125 Labor Superintendent F 22 weeks 11,000 5/29/2007 2:51 PM PROJECT MANAGEMENT 80157 Labor Project Executive F 22 weeks 4,552 80131 Labor Asst. Project Manager 22 weeks 5,500 CONTRACT ADMINISTRATION 80175 Labor Contract Administrator - Office F 22 weeks 2,200 80176 Labor Accounting - Clerical F 22 weeks 2,750 80177 Labor Accounting - Manager F 22 weeks 500 GENERAL LABOR 80251 Labor General Laborer F 11 weeks 2,000 PUNCH OUT / CLOSEOUT 80635 Labor Punch -Out (1 man crew) F 2 weeks 750 General Conditions Form 052303 Page 1 of 1 Attachment E CM@RISK GMP NEGOTIATION MEETING Proj ; ct/Facility Name: 0O M-10-/ 6 .G . " 1 ASO \ T -&4 ' a_y of Work: roj ct Number:Date: q-/s2.-q-�— Loc tion: f,Zd✓t W 5-4-�(L�� & . l' � Time: 'E' (Initial of meeting "GMP APPROVAL" box if negotiations are reached, and individual parties meeting agree.) DEPARTMENT OR COMPANY PHONE AND FAX G. P APP '� V AL NAME La4SESI1Z. ft 160i- ..edAA s1.- 012f2) JU417 C4 ,Mopl c Coos ❑ GMP Negotiated Amount $ 2 44-, i (or ro 3os - cioI-;31215Sr32. ' J 1:51 1 VJ. f Joe -x:9 - g9.1.45. Aft C3°) 55r'!-1I6710b C90144 Duration in Days 400 I ❑ GMP Negotiated Price Includes Owner's Contingency of $ "Z1 ❑ Deductive Bid Alternates Additive Bid Alternates ❑ ID ACCOUNT: I r I I-1 1 I 11-1 I 11I I I 1111111.1111-111111-1111-11111 Signature PA STRING: ompensable if Non Compensable Signature Signature Signature Signature Signature Comments: Copies: @RIS PROJEC CITY PROJECT MANGER BUDGET / FINANCE ASSISTANT DIRECTOR, CAPITAL IMPROVEMENT PROJECT DIRECTOR, CAPITAL IMPROVEMENT PROJECTS Date Date 2 - Date Date Date Date Date Me -A 7 Attachment E CNS@R1[SK GMP NEGOITA IION STING "'roj -' t/Fa"'! ' ity Name: t-.1 S t £ L • W►.Ari UT- iJliI.t':!: -at/ Scop.f of d ork: 'F ef,10/4s at..1 1✓1.6.4 U - L.111-1, 4 0 -4 -w -LA St „ ProjeN ,I,,ber: Date: 4- 24h/e7" Time: (Initial of meeting "GMP APPROVAL" box if negotiations are reached, and individual parties meeting agree.) PHONE AND FAX GMP VAL NAME DEPARTMENT OR COMPANY a Loifful4 'Marr, M!r,dti 6iree-tvaiii404 cue 444-11gle4lie 1011 Co 4.4C TAG- C214 ac cr'3 ctP 0 GMP Negotiated Amount $ 416 1 D a D 50s- moi -fit. 130.34- ss+ -ietoofr 'May 217 zbS. . L/ Ob _.,ow/ w a ZSg 3os'473.7071 2)e-f-tir -'t000 x' 41Q ' Duration in Days 1-164 1 a /.11540o rapensable ' Non Compensable ❑ Or ❑ GMP Negotiated Price Includes Owner's Contingency of $ 22 , (.1.01 0 Deductive Bid Alternates Additive Bid Alternates FUND ACCOUNT: 1 1 1 1-1 I I I 1-1 Signature Signature Signature Signature Signature Signature Comments: Copies: 1 1 PA STRING: 11111111111-111111-1111-11111 CITY PROJECT MANGER BUDGET / FINANCE ASSISTANT DIRECTOR, CAPITAL IMPROVEMENT PROJECT DIRECTOR, CAPITAL IMPROVEMENT PROJECTS Date Date Date Date Date Date Attachment E CM@RISK GMP NEGOTIATION MEETING ^-c ect/ . cility Name: MA.AAiJ¢E St- 7 r� � - �I blce--.tai 'pe o i Work: G64 T SAP-NI'F ' , i, jD-/ Sb � Pr � ect umber: Date: 24/rte Time: Lo;/ atio ; INC.7t?...f\AA. DLi GJ l-4E� � Cruet -1= cw- (Initial of meeting "GMP APPROVAL" box if negotiations are reached, and individual parties meeting agree.) G P APP,OVAL NAME DEPARTMENT OR COMPANY ck 404-2.1 L.71/4170# t flf:' M�ndtz PHONE AND FAX 3C5-(,c61.5N2 /S 2 30.3" -G731c 7/ 3(--r9- v900 4WD /g/7 ( 4 55'1 -000 02.24 . ?oho ❑ GMP Negotiated Amount $ 6 t0641 ()OD Duration in Days j 15' ZR5tompensable a Non Compensable ❑ ❑ GMP Negotiated Price Includes Owner's Contingency of $ 52 ❑ Deductive Bid Alternates Additive Bid Alternates _,ND ACCOUNT: 1 I 11-1 I I I I-1 I l l 1 1 1 Signature Signature Signature Signature Signature Signature Comments: Copies: _ 04o PA STRING: 11111111111-111111-1111-11111 CITY PROJECT MANGER BUDGET / FINANCE ASSISTANT DIRECTOR, CAPITAL IMPROVEMENT PROJECT DIRECTOR, CAPITAL IMPROVEMENT PROJECTS Date Date Date Date Date Date EXHIBIT II SCHEDULE 25 Permit Issued i -i 1' 1 1 1 1 1 1 1 1 1 1-4-7-1-♦-1-•♦ -13-CI-CI-CI 1 I I I 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 1 1 rt -rt -rt -rt -rt 4--4--4 4 r---i-rt-rt-rT-ri-r7 1 IA 1 1 1 1 - 1 1 1 I 1 1 m 1 1 n l 1 1 m 1 W r y a 1a 1 1 u aIli. 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OLUimpE. ma stria Ai mm_ dm. w a ot=N S o1 U om aUi.mE-E _ L - v a .3 s s >); %....“11 c!lir ___ J 1 mU3' 1 g='5,2 22- K W N U= _. ! O m a O N Il '° E E E ' - O w - _w `Q m ° N N UJ _ _ .�...._ :-s STQ �-_ r-- �W- m >' 7. ' l g N __5.1..a. • 0 i 1411 0 2 A o Permit Issued 11 n n .; ;.T 0 4-4 0 a N N N o 0 0 U r N n o n o n e no n n no n n n n n n n n n n n n n n n no n n n j 7 7 7 7 7 7 7 7 7 7 7 W W W W W W W W W W W W U W U Ozz Q 7 7 n n 0 0 O O O O n n n n C '� J J o o O O O O O t7 C7 C7 O O a a a a d d 0 a a a oa a s a -J7i � m j -7Ji 7a Q7 7 7 7 7 7 7 7 7 W W W W W W W W W W W W W W d I Q Q Q ryQ {1 �a] Q Q N O N � Np m N N N N N N N N N N N N N N N M 1V N N N 00'1 O O O O O � .- N N N N N 000 U U U O 00 m c o c U c CCU (/)▪ ..0 C 2 O U To m N O L O V% U > E 0 z s r c u O c aV + d C 2 M a 5- c o _ w d ▪ O co O N U > is 0 z w a o N Q o w w ii 111laawoo s>�s meg» os�'sm mm � UM' 4, Primavera Systems, Inc. )\\j§�\)\,1j}\\\\\\\ })))�� �4R��,m ,�2�, , VVV \/ 2 .2 2.2\// V T. Pa G■EBE9EBBEra EEPA Wy||/)2 \k\k\7k@§2klAlN2@)■77§|, , 0,% §§k§§§M§®§k2®m§22EWW S;liiM kkkkMA rai iM Coastal Construction Normandy Shores Restrooms o. o� �_ -. `a t O i O --'n1 -g,1 LI m1 o_ d' J f y 0 —r- 1 1 1 1 1 1 1. t 1 1 1 1 1 1 J_L__L_�____ 1__1, L7 -C--- T a Ch1 — a E 0 c o o ; N N cc • N C O 0 • t N inc O U E O 2 EXHIBIT III Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes 26 Not applicable to this project. EXHIBIT IV INSURANCE CHECKLIST 27 ACORD,M CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 I 05/18/2007 1 PRODUCER Willis North America, Inc. 26 Century Blvd. P. 0. Box 305191 Nashville, TN 372305191 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INSURED Coastal Construction of Monroe, Inc. INSURER A: Crum & Forster Specialty Insurance Compan 44520-001 d/b/a Coastal Construction Company INSURER B: Wausau Underwriters Insurance Company 26042-001 5959 Blue Lagoon Drive, 2nd Floor Miami, FL 33126 INSURER C:Amer Jean Empire Surplus Lines Insurance C 35351-001 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH �gPOLIICIIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.`Lpp pp��RRppTT��pp IN ANSRd. TYPE OF INSURANCE POLICY NUMBER PDAITCE(MMFIDEDIYYE PDATE(MM/DD/YY1N LIMITS A x GENERALLIABIUTY GL0101298 5/15/2007 5/15/2008 EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR J GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY I I JEa 1 I LOC $ AUTOMOBILELIABIUTY ASJZ91437644017 5/15/2007 5/15/2008 ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO C EXCESS UABILITY X 1 OCCUR DEDUCTIBLE CLAIMS MADE X RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER 10,001 7$X08299 5/15/2007 5/15/2008 IDAMAGETORENTED PREMISES (Ea occurencel MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OPAGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1,000,000 $ 50,000 $ 1,000,000 $ 2,000,000 $ 2.000.000 $ 1,000,000 AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 1$ TORYLAMITS IOER E.L. EACH ACCIDENT $ EL. DISEASE -EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONSILOCATONSNEHICLE.;/EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS It is agreed that City of Miami Reach, Florida is included as an Additional Insured as respects to General Liability. Requested By: Mellides Katie CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Miami Beach, Florida 1700 Convention Center Drive REPRESENTATIVES. Suite 201 AU RIZEDREPRESENTAj�`{� Miami Beach, FL 33139 ACORD 25 (2001/08) Coll:1988397 Tp1:632294 Cert:8972168 /3'� ©ACORDCORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Co11:1988397 Tp1:632294 Cert:8972168 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE ISISSUEDAS A MATTER OF INFORMATION Brr•••T1 & Brown of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5 1. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURERSAFFORDINGCOVERAGE NAIC# INSURED Stick/afield casualty Ins Co+ 10335 OP ID I DATE (MM/DDNYYY) COAST10 04/03/07 Coastal Construction of Monroe Inc. dba Coastal Construction Company 5959 Blue3Lag000n Drive -Ste 200 INSURER A. INSURER B'. !INSURER C. INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrtH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Inmrc POLICY EFFECTIVE POLICY EXPIRATION LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MM/DDNY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY A LIMITS EACH OCCURRENCE LM,NWVC I V IWNICV PREMISES (Ea Occurence) CLAIMS MADE OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I I ,�7 AUTOMOBILE LIABILITY 7 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS —I GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY LOC OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTHER 83020866 04/01/07 04/01/08 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICL / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVE IONS *10 days notice of cancellation applies to Non -Payment of premium. CERTIFICATE HOLDER MIAMIBE City of Miami Beach, Florida 1700 Convention Center Dr #201 Miami Beach FL 33139 ACORD 25 (2001/08) GENERAL AGGREGATE I PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ !TORY LIMBS I I ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE POLICY LIMIT $ 1000000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR RESEM1��-r © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) EXHIBIT V BEST VALUE AMENDMENT The CMR agrees to abide by all the required documentation of the City's Performance Information Procurement System and submit the weekly reports. F:\CAPI\$all\RICK\Normandy Shores Club House\Construction Services Agreement Coastal.doc 28 Do not edit the form using the CUT feature!!! Do not insert extra boxes or rows Project Setup Information Project ID / Task Order: NSGC - CHD Project Title: N.S. Golf Course Facilities Const. Location: 200 Fairway Drive Contractor: Coastal Construction Project Schedule/Budget Project Phase: Maintenance Building Notice to Proceed Date: Original Completion Date: 11/01/07 Contract Duration (days): NTP Date Missing Award Cost: $475,000.00 NOTES: (If Project Information is missing, explain.) Contact Information Owner Contact: Humberto Cabanas Owner Phone: 305-673-7071 Facility Manager: Parks & Recreation FM Phone: 305 673 7000 Project Manager: Humberto Cabanas PM Phone: 305-673-7071 Contractor: Arron Palmer Contractor Phone: 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge PBSRG Phone: 305.205.4905 07-20-07_normandyshoresfacilitiesconstructionmaintenancebldg-8/15/2007 . ti .Ate.)...ri,kfi Do not edit the form using the CUT feature!!! If extra rows are needed, contact PBSRG Project Setup Information Original Completion Date- 1/0/1900 Current Completion Date: 1/0/1900 Construction Duration (days): NTP Date Missing Current Pro'ect Cost: $ 475,000.00 Awards & Modifications IdVIIII Ii�VIIWhWIYimlJoil iiV�l YudIV III,YWyilll �,dnelJi� Schedule & Milestones Project Remarks No. Award / Modification 1 Maintenance Building 2 AWARDS & MODIFICATIONS Date Type Days $$ $ 475,000.00 Total Contract: Billed: Com )leted SCHEDULE - MILESTONES: No. 1 Maintenance Building 2 3 4 Actisr Description $ 475,000.00 Complete Actual/ (at last weekly submittal) Projected Date Contract Date 11/01/07 07-20-07_normandyshoresfacilitiesconstructionmaintenancebldg-8/15/2007 Designer Risk City of Miami Beach Weekly Report Wednesday, August 15, 2007 Project Title: N.S. Golf Course Facilities Con: Location: Maintenance Building Contractor: Coastal Construction Original Award Amount: $ 475,000.00 Project Satisfaction Rating: #VALUE! OVERALL RISK INFORMATION Overall Status Contractor Risk Current Completion Date: 11/1/2007 Original Completion Date: 11/1/2007 Risk No.: #VALUE! Owner Risk Unforeseen Risk # Total Risks 3 0 1 0 1 # Overdue Risks 1 0 1 0 0 # Open Risks 2 0 1 0 0 Days Delayed 0 0 0 0 0 % Delayed #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! Potential 0 0 0 0 0 Resolved 0 0 0 0 0 Additional Cost $0 $0 $0 $0 $0 % Over Award 0.0% 0.0% 0.0% 0.0% 0.0% Potential $0 $0 $0 $0 $0 Resolved $0 $0 $0 $0 $0 **Days delayed are calendar days, not work days** No. 1 2 No. 1 2 AWARDS & MODIFICATIONS Award / Modification Date Type Days Activity Description Total Contract $ 475,000.00 % Billed 0% % Completed 0% SCHEDULE - MILESTONES REMARKS Owner Contact: Humberto Cabanas, 305-673-7071 Facility Manager: Parks & Recreation, 305 673 7000 Project Manager: Humberto Cabanas, 305-673-7071 % Complete Proiected Contract Contractor: Arron Palmer, 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge, 305.205.4905 07-20-07_normandyshoresfacilitiesconstructionmaintenancebldg - Page 1 Do not edit the form using the CUT feature!!! Do not insert extra boxes or rows Project Setup Information Project ID / Task Order: NSGC - CHD Project Title: N.S. Golf Course Facilities Const. Location: 200 Fairway Drive Contractor: Coastal Construction Project Schedule/Budget Project Phase: Cart learn Building Notice to Proceed Date: Original Completion Date: 02/15/08 Contract Duration (days): NTP Date Missing Award Cost: $1,097,000.00 NOTES: #(If Project Information is missing, explain.) Contact Information Owner Contact: Humberto Cabanas Owner Phone: 305-673-7071 Facility Manager: Parks & Recreation FM Phone: 305 673 7000 Project Manager: Humberto Cabanas PM Phone: 305-673-7071 Contractor: Arron Palmer Contractor Phone: 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge PBSRG Phone: 305.205.4905 07-20-07_norma ndyshoresfacilitiesconstructioncartbarn-8/15/2007 Do not edit the form using the CUT feature!!! If extra rows are needed, contact PBSRG Project Setup Information Original Completion Date: 1/0/1900 Current Completion Date: 1/0/1900 Construction Duration (days): NTP Date Missing Current Project Cost: $ 1,097,000.00 Awards & Modifications Schedule & Milestones Project Remarks No. Award / Modification 1 Cart Barn 2 AWARDS & MODIFICATIONS Date Type Days $ 1,097,000.00 Description Total Contract: $ 1,097,000.00 % Billed: % Com No. 1 Cart Bam 2 3 4 Activi SCHEDULE -MILESTONES: Complete (at last weekly submittal) Actual/ Proiected Date Contract Date 02/15/08 0 ❑ 0 O O O O O EXAMPLE: Risk A O 8 N 04 (0 8 01 (0 N 2 C N N L.,_y 20_2 C 0= N N N( O 3 v 3 c c N y - N N S' y .0 a J§ O L C E Q .. a v E2<a'2 on'! O N E O) a _� Y V .t- U r N D N ` c d ouioE'S'c c 2 v M S:0!ry dov12_a NyoNN U N C H E d O C V o E r Ua 'E O a y 8 gC V U N O UC N 'Ol t7 6 D2 m ma E =boa o y��- a m y 15. E i -E -61-6,. y> d - NL uE a°-' E (0 >. O O c ((0 0 W 0 N a a C U 0 'E O, r C 0 0 o' a. .> . N 'O a U U 0 a m m d n 8 11 m i-" J a N, (0 y L 0I j N < 30 N y ,-.2,..- 0 C .� Q U Q O O m E �' y n � (8_1. 0 N ❑ E 0 a rn c 0 r r 0 0 0 0 N N (0 N ED ED 07-20-07_normandyshoresfacilitiesconstructioncartbarn-8/15/2007 City of Miami Beach Weekly Report Wednesday, August 15, 2007 Project Title: N.S. Golf Course Facilities Con; Location: Cart Barn Building Contractor: Coastal Construction Current Completion Date: 2/15/2008 Original Award Amount: $ 1,097,000.00 Original Completion Date: 2/15/2008 Project Satisfaction Rating: #VALUE! Risk No.: #VALUE! OVERALL RISK Overall INFORMATION Status # Total Risks # Overdue Risks # Open Risks Days Delayed Delayed Potential Resolved Additional Cost % Over Award Potential Resolved 2 2 2 0 #VALUE! 0 0 $0 0.0% $0 $0 Contractor Risk Designer Risk Owner Risk 0 2 0 0 2 0 0 2 0 0 0 0 #VALUE! #VALUEI *VALUE! 0 0 0 0 0 0 $0 $0 $0 0.0% 0.0% 0.0% $0 $0 $0 $0 $0 $0 **Days delayed are calendar days, not work days" 1 No. I No. 2 2 AWARDS & MODIFICATIONS Award / Modification Date Type Days Unforeseen Risk 0 0 0 0 #VALUE I 0 0 $0 0.0% $0 $0 $$ Description Total Contract $ 1,097,000.00 1 % Billed 0% 1 % Completed 0% SCHEDULE - MILESTONES Activity % Complete REMARKS Owner Contact: Humberto Cabanas, 305-673-7071 Facility Manager: Parks & Recreation, 305 673 7000 Project Manager: Humberto Cabanas, 305-673-7071 Projected Contract 1 1 Contractor: Arron Palmer, 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge, 305.205.4905 07-20-07_normandyshoresfacilitiesconstructioncartbarn - Page 1 Do not edit the form using the CUT feature!!! Do not insert extra boxes or rows Project Setup Information Project ID / Task Order: NSGC - CHD Project Title: N.S. Golf Course Facilities Const. Location: 200 Fairway Drive Contractor: Coastal Construction Project Schedule/Budget Project Phase: RestRooms Notice to Proceed Date: Original Completion Date: Contract Duration (days): Award Cost: Contact Information Owner Contact: Humberto Cabanas Owner Phone: 305-673-7071 Facility Manager: Parks & Recreation FM Phone: 305 673 7000 Project Manager: Humberto Cabanas PM Phone: 305-673-7071 Contractor: Arron Palmer Contractor Phone: 305 559 4900 Ext. 251 PBSRG POC: Sarah Goodridge PBSRG Phone: 305.205.4905 10/01/07 NTP Date Missing $244,169.00 NOTES: (If Project Information is missing, explain.) 07-20-07_norma ndys h o resfacil itiesco nstructio n bath rooms -8/ 15/2007 Do not edit the form using the CUT feature!!! If extra rows are needed, contact PBSRG Project Setup Information Original Completion Date: 1/0/1900 Current Completion Date: 1/0/1900 Construction Duration (days): NTP Date Missing Current Pro'ect Cost: $ 244,169.00 Awards & Modifications Schedule & Milestones Project Remarks No. Award / Modification 1 Restrooms 2 Date Type tap. $$ $ 244,169.00 No. 1 Restrooms 2 3 4 Activi Description Total Contract: $ 244,169.00 Billed: Com leted SCHEDULE -MILESTONES: Complete Actual/ (at last weekly submittal) Proiected Date Contract Date 11/01/07 0 cv 01 01 01 iz: co -2 !• ${\ !\) /) ` _ -4.3 F, {k{}\ }a —• f:5« 825 \.0 /\\ -8 =kms e5c | f¥(1t. 50, 5_; ) (/{\fes # §- 2 —5 k)} ;§r'z!# \0E \k\�\\\ 2m2 j\))/\2>2! ij ]f([»{ ©}�) \\/ §{{m!{ }� E. z { ``°� §\\\ « © 2 _ — ») # , al!Q<_8- Jf! \77Ftt =» 30 { EXAMPLE: Risk A Value Engineering 0 0 0 C•I CN CN Cli CD 07-20-07_normandyshoresfacilitiesconstructionbathrooms-8/15/2007