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25199
AGREEMENT INFORMATION AGREEMENT NUMBER 25199 NAME/TYPE OF AGREEMENT MAGNUM CONSTRUCTION MANAGEMENT, LLC DBA MCM DESCRIPTION CONSTRUCTION CONTRACT/MORNINGSIDE PARK BAYWALK, KAYAK LAUNCH & BOAT RAMP - D2 PROJECT NO. B-173511 A/F I L E ID: 16472/R-24-0328/MATTER ID: 24-1784 EFFECTIVE DATE September 30, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/30/2024 DATE RECEIVED FROM ISSUING DEPT. 9/30/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Max Sagesse EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Magnum Construction Management, LLC d/b/a MCM IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 16,886,344.40 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Construction Contract ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): ITB No. 23-24-003 - Morningside Park Baywalk, Kayak Launch, and Boat Ramp - Project No. B-173511A COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Contract is awarded under the City Manager's delegated authority, pursuant to Section 18-117 of the Code of the City of Miami. ROUTING INFORMATION DIRECTOR/CHIEF PROCUREMENT OFFICER Reviewed by FVP. OK to proceed. Date PLEASE PRINT AND SIGN July 23, 2024 (rte: PelrFi'1CPEPDC1- SIGNATURE: RISK MANAGEMENT July 24, 2024 M1$re ISaET SIGNATURE: ,.—DocuSigned by: 89540EB73CAC468... ,DocuSigned by: CITY ATTORNEY Pablo R. Velez on behalf of Matter ID# 24-1784 (7/25/24) BUDGET OFFICE Current funding of $9,192,148.94 is availablc. Contract shortfall of $7,694,195.46. LEM 8/15/24 ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 29, 2024 Per OMBs conve all that is ne approved as pa September 9, 2 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS September 9, 2 Fro& GbwIt/5 27395C6318214E7... fef5g2 �. OSON III ,—DocuSigned by: SIGNATURE: at -brit, 4 N614 ((( "-88776E9FE88248B... rilOtrtisi 6AutQi th Mr. Bad i a DocuSigned by: eded is PH1. $5.3 was r0Q4AIIIJAE:FY25 Bud . 9/7/24 5F6E831796C5495... ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE September 30, Larry Spring CPA ! DocuSigned by: 024 116:20:01 EDT SIGNATURE: (,0tV tt1 Spiv)) "—C9D2602897E54 D4.. 832a4barall er8 n e0z, EMDPT DocuSigned by: SIGNATURE: B"`v` lip"'`°"' 6DEC2D3DF33044E... I DocuSigned by: Asael Marrero 2024 1 12:34:27 EDT SIGNATURE: DEPUTY CITY MANAGER September 30, Mh1 WWWWBTs SIGNATURE: CITY MANAGER September 30, CITY CLERK September 30, S651r JVo�igle: 24 EDT SIGNATURE: 2OQLd1 HaRn37:47 EDT SIGNATURE: COF4AD9AB03B45A... I DocuSigned by: c 84B700975DEA41B... by: LIDocuSi9ned vfLui Nbvi4a. 850CF6C372DD42A.. rDocuSigned by: E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24192 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CONSTRUCTION CONTRACT OVERVIEW CONTRACT TITLE: Morningside Park Baywalk, Kayak Launch, and Boat Ramp Project No. B-173511A 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of $ Z City Manager - Authority level of $16,886,344.40 (on Expedited List) ❑ City Commission - RESOLUTION No. _ 2. PROCUREMENT METHOD: ❑ RFP/Q o ITB ❑ SOLE SOURCE ❑ PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF WORK? The Morningside Park — Baywalk, Kayak Launch, and Boat Ramp ("Project") is a new construction development project located at 5215 NE 7111 Avenue, Miami, Florida 33137. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and approximately 1,500 linear feet ("LF") of bulkhead including the steel sheet pile, concrete bulkhead, baywalk with stabilized limestone, pea gravel, concrete shell aggregate finish, and underground drainage, tree planting, relocation of select trees to an upland area within the park (per Tree Disposition Plan), drainage infrastructure including innovative treatment devices, kayak launch, solar lighting, seating benches, picnic tables, trash receptacles, irrigation, bike racks, signage, and other park amenities.. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? N/A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Lowest responsive and responsible bidder Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B30688 Marine Stadium Restoration DREAM $54,795,673 04- Dry-Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $10,253,556 07- Construction 2 40-B193602 Brickell Key Bridge RPW $7,120,709 04- Dry-Run/Permit 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $2,111,239 03- Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247 08- Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $2,698,117 05- Bidding 5 N/A Construction and Permanent Financing: MLK Residences Housing $2,000,000 #N/A 5 N/A Construction and Permanent Financing: Liberty Renaissance Housing $1,000,000 #N/A 5 N/A Affording Housing and Economic Development Housing $8,000,000 #N/A Citywide N/A Home Ownership Preservation / Single Family Home Rehabilitation Housing $4,000,000 #N/A Citywide 40-B17357 Antonio Maceo Boat Ramp and Dock Renovations Parks $1,542,604 07- Construction 1 40-8183505 West End Park Master Plan, Pool Design, and Enhancements Parks $16,152,963 05- Bidding 4 40-B193511 Curtis Park Community Center Design Parks $15,789,049 04- Dry-Run/Permit 1 40-B193512 Armbrister Park Community Center Design Parks $10,335,233 04- Dry-Run/Permit 2 40-B193513 Moore Park Gym Design and Construction Parks $15,274,193 05- Bidding 5 40-B193514 Coral Way Park Expansion and Enhancements Parks $2,819,095 06- Pre -Construction 3 40-8193515 Riverside Park Renovations and Enhancements Parks $3,184,578 03- Design 3 40-B193517 New Park at 3699/3701 SW 1st AVE Parks $1,599,722 03- Design 3 40-B35806 Curtis Park New Pool Facility and Boat Ramp Improvement Parks $5,889,244 08- Final Completion 1 40-B40510 Legion Park Seawall and Non -motorized Ramp Parks $2,290,424 07- Construction 5 40-B40510A Legion Park Building Parks $5,076,765 07- Construction 5 40-B40563 Shenandoah Park Pool Renovation Parks $13,276,475 07- Construction 4 40-B40566 Spring Garden Point Park Parks $1,954,059 02- A/E Selection 1 40-B40581 Douglas Park Community Center Parks $10,873,749 05- Bidding 4 40-B40668 Marine Stadium Park Development Parks $24,134,300 09- Monitoring Citywide 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $14,000,000 03- Design Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $8,463,204 03- Design 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,884,329 03- Design 1 40-B193622 Very Poor Condition Roads - Outside Priority Drainage Basins RPW $8,067,667 07- Construction Citywide 40-B193801 Improve Drainage Outside of Priority Drainage Basins RPW $2,300,000 07- Construction Citywide 40-B193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $27,255,000 03- Design 2 40-B30606 Flagler Street Beautification RPW $30,567,631 07- Construction Citywide 40-B30624 Overtown Greenway at NW 11 Terrace RPW $3,301,995 07- Construction 5 40-B30637 Mary Brickell Village Drainage Improvements RPW $5,423,618 07-Construction Citywide 40-B30687 Coconut Grove Business Improvement District -Street Improvements RPW $6,938,185 08- Final Completion 2 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $11,056,706 04- Dry-Run/Permit 2 40-B30941 Downtown Miami Signage and Wayfinding System RPW $2,406,808 08- Final Completion Citywide 40-B193522A Dog Run Park Parks $1,116,076 03- Design 4 40-B233506 Fairlawn Community Park Parks $750,000 01- Planning 4 40-B233507 Shenandoah Playground Replacement Parks $750,000 01- Planning 4 40-B233513 Grapeland Heights Park and Baseball Park Parks $2,509,080 01- Planning 1 40-B233523 Bayfront Park Fountain Parks $2,833,760 01- Planning 2 40-B213414 D4 Park Land Acquisition Parks $2,091,967 01- Planning 4 40-B233800 SW 56 Ave from SW 8th St. to W Flagler St. RPW $975,000 07- Construction 4 40-B223801 East Flagami Flood Mitigation RPW $32,438,495 01- Planning 4 40-B223802 Auburndale Flood Mitigation Project RPW $20,649,197 01- Planning 4 40-B233801 SW 49th Ave from SW 8th St. to W Flagler St. RPW $1,225,000 07- Construction 4 40-B50413 SW 24th St. from 27th Ave to SW 32nd Ave RPW $4,388,769 05- Bidding 4 40-B50412 SW 23 Terrace from SW 27 Avenue to SW 32 Avenue RPW $4,858,905 05- Bidding 4 40-B233821 Mary Brickell Village Drainage Improvements RPW $2,246,000 01- Planning Citywide 40-B233822 Localized Flooding Improvements Citywide RPW $10,000,000 01- Planning Citywide 40-B233823 E & W Glencoe Street, S Bayshore Ct Flood Improvements RPW $1,100,000 03- Design 2 40-B183611A NW 17 Street from NW 32 to NW 37 Avenue RPW $6,716,755 03- Design 1 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-850904 NW 7 Street Road from NW North River Drive to South of NW 9 Avenue RPW $2,634,441 04- Dry-Run/Permit 1 40-8193500 Jose Marti Park Seawall, Shoreline, and Flood Improvements- Construction PARKS $23,885,629 04- Dry-Run/Permit 3 40-B193501 Little River Mini Park (Outfall Connection) RPW $2,270,332 04- Dry-Run/Permit 5 40-8233815 Allapattah Flood Improvements - NW 7 Ave to 14 Ave, NW 23 St to 31 St RPW $31,376,188 01- Planning 1 40-B233816 Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) RPW $11,029,883 01- Planning 1 40-B233805 Edgewater Flood Improvements - NE 4 Ave to Biscayne Bay, NE 22 St to NE 24 St (Pump Station) RPW $17,111,976 01- Planning 2 40-B233811 Replacement of Seawalls Morningside between NE 55 Terr, NE 65 St and Biscayne Bay - D2 RPW $1,217,523 01- Planning 2 40-B233809 Brickell and Coconut Grove Seawalls between SE 25th Rd to Mathenson Ave. and Biscayne Bay - D2 RPW $1,658,529 01- Planning 2 40-13233810 Replacement of 8 Seawalls in Edgewater between NE 22 St to NE 34 St. along Biscayne Bay - D2 RPW $3,111,764 01- Planning 2 40-B233804 East Little Havana Flood Improvements - W 12 Ave to W 17 Ave, NW 2 St to SW 6 St (Pump Station) RPW $39,269,877 01- Planning 3 40-13233606 8 Street Flood Improvements - SW 17 Ave to SW 22 Ave, SW 5 St to SW 12 St RPW $9,781,446 01- Planning 3 40-B233803 Shorecrest South Flood Improvements - NE 8 Ct to NE Bayshore Ct, NE Little River Dr to NE 79 St (Pump Station) RPW $16,067,860 01- Planning 5 40-B233814 South-West Wynwood Flood Improvements - NW 3 Ave to NW 5 PI, NW 16 St to NW 28 St (Pump Station) RPW $31,698,775 01- Planning 5 40-13233812 Replacement of Seawalls Shorecrest between NE 84 St and Ademar Canal; NE Bayshore Dr. and Davis Canal - D5 RPW $1,804,270 01- Planning 5 40-13233817 Clemente Park Flood Improvements - Miami Ave to NW 2 Ave and NW 30 St to 36 St RPW $14,734,729 01- Planning 5 40-13233806 Immediate Flood Control: Install Backflow Valves CW RPW $4,084,000 01- Planning Citywide New City-wide Parks Playground Renovations (13 Sites -D1, D2, D3 and Parks $4,059,580 01- Planning Citywide 40-B203801 Citywide Pump Stations Telemetry System RPW $1,359,790 01- Planning Citywide 40-13233819 Localized Flooding Improvements District 3 RPW $1,052,000 01- Planning 3 40-13233820 Pump Stations District 3 RPW $2,500,000 01- Planning 3 40-8203515 Badia Center Facility at Flagami Park - D4 Parks $9,139,017 03- Design 4 40-13203518 Shenandoah Mini Pk -ROW Improv RPW $1,379,267 05- Bidding 4 40-13203519 Swannanoa Mini Park - right of way improvements (design only) - D4 RPW $989,681 03- Design 4 40-B223521 Parks Public WiFi Installation Parks $1,000,000 01- Planning Citywide 40-850414 SW 24 Terrace from SW 27 Avenue to SW 31 Avenue RPW $4,753,717 07- Construction 4 40-B50421 SW 25 Street from SW 27 Avenue to SW 32 Avenue D4 RPW $4,824,071 07- Construction 4 40-13223212 Fire Station 12 - Hardening Fire $1,565,300 01- Planning Citywide 40-13213210 Fire Station 2 - Hardening Fire $1,093,733 01- Planning Citywide 40-13213209 Fire Station 9 - Hardening Fire $1,437,700 01- Planning Citywide 40-13213512 Hadley Park - Resiliency Hub Parks $1,315,002 01- Planning 5 40-13213208 Miami Police HQ- Hardening Police $17,019,200 01- Planning Citywide 40-850112 NW 13 Avenue from NW 21 Street and NW 23 Street RPW $1,845,821 04- Dry-Run/Permit 1 40-850104 NW 13 Street from NW 35 Avenue to NW 37 Avenue RPW $4,100,813 04- Dry-Run/Permit 1 40-830756 NW 30 Street Improvement RPW $6,637,700 04- Dry-Run/Permit 1 40-13183610 West Grove Roadway Improvements RPW $3,586,995 04- Dry-Run/Permit 2 40-13183612 Charles Avenue from Main Highway to South Douglas Road RPW $4,020,810 04- Dry-Run/Permit 2 40-13213602 Little Havana Pedestrian Priority Zone RPW $7,046,939 04- Dry-Run/Permit 3 40-13203610 SW 5 Street from SW 29 Avenue to SW 32 Avenue - Reconstruction RPW $2,384,343 04- Dry-Run/Permit 3 40-13213606 Kinloch Roadway Neighborhood Improvements RPW $1,204,709 03- Design 4 40-13173613 South Golden Pines No Outlet Streets Improvements RPW $6,521,515 03- Design 4 New Wagner Creek Embankment Stabilization RPW $2,500,000 01- Planning 1 40-B173511A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp Parks $14,702,008 04- Dry-Run/Permit 2 40-B193521 Fairlawn Community Park Parks $3,426,270 05- Bidding 4 40-13203509 Athalie Range Park - New Recreation Building D5 Parks $5,363,404 03- Design 5 40-B70100 Gusman Hall Improvements / Repairs DREAM $31,533,654 03- Design 5 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B70121 Police Drains and Parking Police $3,023,550 05- Bidding Citywide New Police HQ -Garage Demolition and Sitework Police $2,000,000 01- Planning Citywide 40-B233601 Miami River Greenway - NW N River Dr from NW 22 Ave to NW 19 Ave RPW $4,340,000 01- Planning 1 40-B233602 Buena Vista Local Drainage and Road Improvements RPW $2,899,154 02- A/E Selection 5 40-B173642 Belle Meade Circle Cul-De-Sac Improvements RPW $915,789 03- Design 5 40-B213605 NW 11 Street from NW 1 Avenue To NW 3 Avenue RPW $2,319,194 03- Design 5 40-B70046 Virginia Key Boat Launch & Trailer Parking DREAM $3,000,000 07- Construction 2 40-B70042 Miami Marine Stadium Marina - Mooring Field DREAM $3,000,000 03- Design 2 40-B233500 Margaret Pace Park Parks $1,620,000 03-Design 2 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Titu of gRiami INVITATION TO BID ("ITB") No. 23-24-003 MORNINGSIDE PARK BAYWALK, KAYAK LAUNCH, AND BOAT RAMP - D2 PROJECT No. B-173511A ISSUE DATE JANUARY 25, 2024 VOLUNTARY PRE -BID CONFERENCE JANUARY 31, 2024 11:00 A.nn. VOLUNTARY SITE VISIT FEBRUARY 1, 2024 11:00 A.M. ADDITIONAL INFORMATION AND CLARIFICATION DEADLINE FEBRUARY 8, 2024 5:00 P.M. BID SUBMISSION DUE DATE ON Periscope S2G FEBRUARY 26, 2024 3:00 P.M. CONTACT Max Sagesse Sr. Procurement Contracting Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1913 E-mail: MSadessemiamidov.com Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 TABLE OF CONTENTS NOTICE TO CONTRACTORS DEFINITIONS SECTION 1 - INSTRUCTIONS FOR SUBMISSION 1. Intention of City 2. Scope of Work 3. Location of the Project 4. Performance of the Work 5. Examination of Contract Documents and Site 6. Addenda 7. Bid Submission 8. Bid Guaranty 9. Preparation of Bid 10. Pre -Bid Conference 11. Postponement of Bid Opening Date 12. Acceptance or Rejection of Bids 13. Environmental Regulations 14. Bid Award 15. Bid Protest 16. Small Businef Enterprise ("SBE") Participation NOT APPLICABLE 17. Local Workforce Participation NOT APPLICABLE 18. Responsible Wages and Benefits NOT APPLICABLE 19. Cone of Silence 20. Public Entity Crime 21. Fraud and Misrepresentation 22. Collusion 23. Contractor in Arrears or Default 24. Cancellation of ITB SECTION 2 - ITB GENERAL TERMS AND CONDITIONS 1. Time is of the Essence 2. Contract Term 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price 4. Notices Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 5. Priority of Provisions 6. Indemnification 7. Insurance 8. Performance and Payment Bond 9. Qualification of Surety 10. General Requirements 11. Method of Performing the Work 12. Work Staging and Phasing 13. Site Investigation and Representation 14. Contractor to Check Plans, Specifications, and Data 15. Contractor's Responsibility for Damages and Accidents 16. Accidents 17. Safety Precautions 18. Occupational Health and Safety 19. Labor and Materials 20. Rules, Regulations, Laws, and Licenses 21. Consultant Services 22. Project Management 23. Superintendence and Supervision 24. Authority of the Project Manager 25. Inspection of Work 26. Taxes 27. Separate Contracts 28. Lands of Work 29. Coordination of Work 30. Differing Site Conditions 31. Existing Utilities 32. Contractor's Responsibility for Utility Properties and Service 33. Interfering Structures 34. Field Relocation 35. Contractor's Use of Project Site(s) 36. Warranty of Materials and Equipment 37. Material and Equipment Shipment, Handling, Storage and Protection Morningside Park - Baywalk, Kayak Launch, and Boat Ramp- D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 38. Manufacturer's Instructions 39. Manufacturer's Warranty 40. Reference Standards 41. Submittals 42. Shop Drawings 43. Product Data 44. Samples 45. Record Set 46. Supplemental Drawings and Instructions 47. Contractor Furnished Drawings 48. Substitutions 49. City Furnished Drawings 50. Interpretation of Drawings and Documents 51. Product and Material Testing 52. Field Directives 53. Changes in the Work or Contract Documents 54. Continuing the Work 55. Change Orders 56. Change Order Procedure 57. No Oral Changes 58. Value of Change Order Work 59. Extra Work Directive 60. As -Built Drawings 61. Worker's Identification 62. Removal of Unsatisfactory Personnel 63. Substantial Completion, Punch List, and Final Completion 64. Acceptance and Final Payment 65. NPDES Requirements 66. Force Majeure 67. Extension of Time 68. Notification of Claim 69. Extension of Time not Cumulative 70. No Damages for Delay Morningside Park - Baywalk, Kayak Launch, and Boat Ramp- D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 71. Excusable Delay, Non-Compensable 72. Lines and Grades 73. Defective Work 74. Acceptance of Defective or Non -Conforming Work 75. Uncovering Finished Work 76. Correction of Work 77. Maintenance of Traffic and Public Streets 78. Location and Damage to Existing Facilities, Equipment, or Utilities 79. Stop Work Order 80. Hurricane Preparedness 81. Use of Completed Portions 82. Cleaning Up; City's Right to Clean Up 83. Removal of Equipment 84. Set -offs, Withholdings, and Deductions 85. Event of Default 86. Notice of Default -Opportunity to Cure 87. Termination for Default 88. Remedies in the Event of Termination for Default 89. Termination for Convenience 90. Resolution of Disputes 91. Mediation -Waiver of Jury Trial 92. City May Avail Itself of All Remedies 93. Permits, Licenses, and Impact Fees 94. Compliance with Applicable Laws 95. Independent Contractor 96. Third Party Beneficiaries 97. Successors and Assigns 98. Materiality and Waiver of Breach 99. Severability 100. Applicable Law and Venue of Litigation; Attorney's Fees 101. Amendments 102. Entire Agreement Morningside Park - Baywalk, Kayak Launch, and Boat Ramp- D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS (Continued) 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act (ADA) 104. Evaluation 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County, and the State of Florida 106. Buy America Requirements 107. Royalties and Patents 108. Continuation of the Work 109. Review of Records 110. No Interest 111. Payments Related to Guaranteed Obligations 112. Consent of City Required for Subletting or Assignment 113. Agreement Limiting Time in Which to Bring Action against the City 114. Defense of Claims 115. Contingency Clause 116. Mutual Obligations 117. Contract Extension 118. Non -Exclusivity 119. Nature of the Agreement 120. Contract Documents Contain All Terms 121. Survival 122. Disclosure of State Funding, if applicable SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours 2. Progress Payments 3. Liquidated Damages 4. Schedule of Values 5. Project Schedules 6. Release of Liens/Subcontractor's Statement of Satisfaction 7. Progress Meetings 8. Request for Information 9. Project Site Facilities 10. Security Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS (Continued) 11. Construction Signage 12. Construction Photographs 13. City Furnished Property 14. Geotechnical Testing - NOT APPLICABLE 15. Field Layout of the Work and Record Drawings for Drainage Projects 16. Survey Work for Drainage Projects 17. E-Verify - Mandatory Use 18. Cures 19. Counterparts; Electronic Signatures 20. Jessica Lunsford Act (JLA) Background Screening Requirements 21. Dedicated Allowances 22. Projects Funded by Federal or State Funds SECTION 4 - BID FORMS BID FORM ITB No. 23-24-003 CERTIFICATE OF AUTHORITY (IF CORPORATION) CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) BID BOND FORM CERTIFICATE AS TO CORPORATE PRINCIPAL QUESTIONNAIRE OFFICE LOCATION AFFIDAVIT CERTIFICATE OF COMPLIANCE CITY CODE SECTIONS 18 87, 18 89 AND 18 120 REQUIRED SUBMISSION WITH BIDDER'S BID SECTION 5 - CONTRACT EXECUTION FORMS FORM OF PERFORMANCE BOND FORM OF PAYMENT BOND PERFORMANCE AND PAYMENT GUARANTY FORM - UNCONDITIONAL IRREVOCABLE LETTER OF CREDIT FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Tag of C�irxmi NOTICE TO CONTRACTORS ITB No. 23-24-003 MORNINGSIDE PARK BAYWALK, KAYAK LAUNCH, AND BOAT RAMP, D2 PROJECT No. B-173511A Completed Bids must be submitted by interested Contractors through Periscope S2G Electronic Bidding System ("Periscope S2G") by 3:00 p.m., on February 26, 2024 ("Bid Submission Due Date"). Any Bids received after the stipulated date and time will not be considered. Scope of Work: The Morningside Park Baywalk, Kayak Launch, and Boat Ramp ("Project") is a new construction development project located at 5215 NE 7th Avenue, Miami, Florida 33137. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and approximately 1,500 linear feet ("LF") of bulkhead including the steel sheet pile, concrete bulkhead, baywalk with stabilized limestone, pea gravel, concrete shell aggregate finish, and underground drainage, tree planting, relocation of select trees to an upland area within the park (per Tree Disposition Plan), drainage infrastructure including innovative treatment devices, kayak launch, solar lighting, seating benches, picnic tables, trash receptacles, irrigation, bike racks, signage, and other park amenities. The full Scope of Work is detailed in the construction drawings project documents. Minimum Requirements: Prospective Bidders shall meet the following requirements, and submit the required supporting documentation with their bids, by the Bid Due Date: 1) Have a current Certified General Contractor ("CGC") license from the State of Florida AND have a minimum of five (5) years' experience under its current business name. 2) The General Contractor shall demonstrate experience as the Prime Contractor for at least two (2) projects, park -related preferred, to include seawall and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last ten (10) years. The General Contractor must have a proven track record of coordination with and between all applicable trades, including but not limited to, structural, mechanical, plumbing, marine and coastal, and electrical components as it may be required during the construction of the Project. 3) Reference of park -related projects to include seawall and/or baywalk components must be submitted utilizing Form ITB-GCR and shall demonstrate that the General Contractor: i) was the General Contractor for the project; and ii) self -performed at least thirty percent (30%) of the physical labor construction work for the project. At a minimum, the Contractor is responsible for the mobilization of labor and equipment, site security, installation of the project perimeter fence, clearing and grubbing, demolition and disposal of existing drainage and park amenities. The City reserves the right to request additional/supplemental information and/or contact listed individuals pertaining to Bidder's ability to meet the above minimum requirements. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The Department of Procurement (Procurement) has scheduled a Voluntary Virtual Pre -Bid Conference, on January 31, 2024, at 11:00 a.m. EST, at the following Microsoft Teams Meeting link, or via phone at +1 786-598-2961, Conference ID 724 379 376#. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a Bid. All Addenda will be posted to the City's Periscope S2G platform. Written questions must be submitted through Periscope S2G no later than 5:00 p.m. on February 8, 2024. Late questions will not be considered. The City of Miami reserves the right to accept any Bids deemed to be in the best interest of the City, to waive any minor irregularities, scrivener's errors, omissions, and/or technicalities in any Bids, or to reject any or all Bids and to re -advertise for new Bids, in accordance with the applicable sections of the Florida Statutes, the City Charter and Code, and this ITB. All bids shall be submitted through the City's Periscope S2G platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be timely submitted through Periscope S2G, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. PROPOSERS ARE ADVISED THAT PROPOSALS OR BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM SUBMISSION REQUIREMENTS OF A REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), INVITATION TO BID (ITB), INVITATION FOR BIDS (IFB), INVITATION TO QUOTE (ITQ), REQUESTS FOR LETTERS OF INTEREST (RFLI), AND REQUEST FOR SPONSORSHIPS (RFS) SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 6, 2019, SHALL COMPLY WITH APM 2-19. APM 2-19 IS EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS SOLICITATION AS IF SET FORTH IN FULL. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY PROPOSERS AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE PROPOSER/BIDDER AND ARE NOT WAIVABLE BY THE CITY. BIDDERS ARE HEREBY ADVISED THAT THIS ITB IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CODIFIED AS SECTION 18-74, CITY OF MIAMI CODE, AS AMENDED. Arthur Noriega V, City Manager REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 DEFINITIONS Architect of Record ("AOR") means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated, or unincorporated business entity, limited liability company, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, the City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director, which may affect the ITB Contract price or time. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the Director of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling and Project close-out. Construction Manager ("CM") means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing, and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined, and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Contractor means the person, firm, or corporation with whom the City has contracted, and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this Contract through the award of an ITB. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Design Documents means the construction plans and specifications included as part of a bid prepared by the Consultant for this Project under a separate Agreement with the City. Director means the Director of the Office of Capital Improvements or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings means the graphic and pictorial portions of the Work, which show the design, location, and dimensions of the Work to be performed, including, without limitation, all notes, schedules, and legends on such Drawings. Engineer of Record ("EOR") also referred to as Consultant, a designation reserved, by law, for a person or qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost, aka Guaranteed Maximum Price means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed, by Contractor. Local Workforce Participation Requirements mean the requirements set forth in § 18-89 of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code Section) which Contractor must employ on -site labor from persons who reside within the City of Miami municipal boundaries (e.g., city limits). Materials mean goods or equipment incorporated in a Project or used or consumed in the performance of the Work. Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have been awarded the Contract. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Notice to Proceed means a written letter or directive issued by the Director acknowledging that all precedent conditions have been met and directing that the Contractor may begin Work on the Project. Periscope S2G means the City of Miami's eProcurement system, which provides web -based bidding services to the vendor community, to view and respond to solicitations. Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees, and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of a Project. Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager ("PM") means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement, and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the Work that is performed by the Contractor. Request for Information ("RFI") means a request from the Bidder seeking an interpretation or clarification relative to the ITB. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Bidder interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator also known as the Director of the Department of Risk Management, or the Director's authorized designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Small Business Enterprise ("SBE") means a construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction Project, as defined in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents. SBE was formerly known as Community Small Business Enterprise (CSBE). Subcontractor means a person, firm or corporation having a direct Contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved unless a temporary certificate of occupancy has been issued. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of City It is the intention of the City to describe in this Invitation to Bid ("ITB") the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Any Work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, shall be supplied by the Contractor whether or not specifically called for. Where words 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. 2. Scope of Work The Morningside Park — Baywalk, Kayak Launch, and Boat Ramp ("Project") is a new construction development project located at 5215 NE 7th Avenue, Miami, Florida 33137. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and approximately 1,500 linear feet ("LF") of bulkhead including the steel sheet pile, concrete bulkhead, baywalk with stabilized limestone, pea gravel, concrete shell aggregate finish, and underground drainage, tree planting, relocation of select trees to an upland area within the park (per Tree Disposition Plan), drainage infrastructure including innovative treatment devices, kayak launch, solar lighting, seating benches, picnic tables, trash receptacles, irrigation, bike racks, signage, and other park amenities. The Morningside Park — Baywalk, Kayak Launch, and Boat Ramp project aims to create a welcoming and inclusive waterfront landscape that connects people with nature while embracing climate adaptation and resilience. Key design strategies include restoring historic natural environments, ensuring equitable public access, and adapting to changing climate conditions. The Project involves several components: ■ Restoring Natural Environments: The Project focuses on restoring historic natural environments along the water's edge. ■ Equitable Public Access: The Project aims to provide accessible pathways for people to explore the coastal environment, making it inclusive for all visitors. ■ Climate Adaptation: The design incorporates climate adaptation measures, such as a new upland seawall to protect against flooding and storm surge, as well as the enhancement of existing upland coastal marsh grass and the addition of coastal marshes to increase diversity and resilience. ■ Bay Walk: A new bay walk at a higher elevation offers better views of the bay and a comfortable shaded area, along with iconic specimen trees as focal points. ■ User Experience: User experience is a priority, with strategically located overlooks, walking paths near the water's edge, accessible pathways, picnic areas, and improved kayak concession areas. ■ Resiliency: The Project adopts a layered approach to resiliency, with different elevation levels for pathways and a sunken storage chamber to manage excess stormwater. The park entry road is raised to prevent flooding during heavy rainfall. ■ Materiality: The Project uses permeable soft aggregate surfaces for paths, oolite stone blocks, and limestone aggregates to blend with the natural environment. Native coastal plantings are chosen for their resilience and low maintenance requirements. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Overall, the Project combines environmental restoration, accessibility, climate adaptation, and user experience to create a harmonious and resilient waterfront space for the community to enjoy. The full Scope of Work is detailed in the construction drawings project documents. The Contractor is required to submit a Base Bid Amount that reflects a price to complete the Project and comply with the terms and agreement of the contract. The Base Bid shall contain the proposal amount for Phase I of the Project consists of the installation of the steel sheet pile, concrete bulkhead, baywalk with stabilized limestone pea gravel, concrete shell aggregate finish, and underground drainage. Phase 11 consists of tree planting, relocation of select trees to an upland area within the park (per Tree Disposition Plan), drainage infrastructure including innovative treatment devices, kayak launch, solar lighting, seating benches, picnic tables, trash receptacles, irrigation, bike racks, signage, and other park amenities. Archaeological and Permitting Fees are to be reimbursed on a cost basis without markups. At the City's Discretion, the Dedicated Allowance is utilized solely for anticipated construction changes that may include modifications to the boathouse entrance doors, additional surface grading, tree planting/relocation schedule, and as -needed repairs to existing structures. 3. Location of the Project Morningside Park 5215 NE 7th Avenue Miami, FL 33137 4. Performance of the Work Contractor shall self -perform (complete) at least thirty percent (30%) of all physical construction labor work for the negotiated construction cost of the entire Project, utilizing its own employees. If the Work is phased, the thirty percent (30%) requirement shall apply jointly and severally to each and every phase of the Work. For the avoidance of doubt this means the thirty percent (30%) requirement shall apply to each and every phase of the Work. The City reserves the right to require documentary confirmation of this requirement. By submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the bid, the Bidder must include, fill out, and submit the form titled/named "Questionnaire." Failure to complete and submit this form, or to meet this requirement, may result in the bid being deemed non- responsive. Where the City determines that the Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. For the avoidance of doubt, the self -performance requirement shall apply separately to each phase of the Work. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a bid to this ITB, to: a. Carefully review the ITB, including any addenda and notify the City of all conflicts, errors, or discrepancies, b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work, c. Take into account federal, state, and local (City and Miami -Dade County including, without limitation the City Charter and Code, the City Procurement and Zoning Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances, and rules that may affect a Bidder's ability to perform the Work, d. Study and carefully correlate Bidder's observations with the requirements of the ITB, and e. Sign and return all required ITB forms as applicable. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder that it shall comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered via written addenda issued by the City will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a bid response. All questions about the meaning or intent of the Contract Documents are to be directed to Procurement in writing, to the attention of Max Sagesse, Sr. Procurement Contracting Officer at MSagesse©miamigov.com, with a copy to the Office of the City Clerk at Clerks©miamigov.com. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on the City's Periscope S2G platform. Written questions must be submitted through Periscope S2G no later than 5:00 p.m. on February 8, 2024. Late questions will not be considered. 7. Bid Submission Bidders shall carefully follow the format and instructions outlined herein, observing format requirements where indicated. Bids should contain the information itemized herein, and in the order indicated, as applicable. Bids submitted without including the information itemized herein may be deemed non- responsive and may not be considered for a contract award. All bids shall be submitted through the City's Periscope S2G platform, and in accordance with Section 1, "Instructions for Submission," no later than the date and time indicated within the ITB, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Bids must be timely submitted through Periscope S2G, or the Bid will be disqualified. Untimely or misdelivered Bids will not be considered. NO EXCEPTIONS. 8. Bid Guaranty All bids shall be accompanied by either an original Bid Bond executed by a surety transacting business in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida, Bid Bond Voucher (for Projects totaling less than two hundred thousand dollars ($200,000) inclusive of all fees, costs, and expenses) issued to City of Miami by certified check, treasurer's check, or bank draft of any national or state bank (United States) (excluding personal checks), in the amount of five percent (5%) of the total bid amount (payable to City), and conditioned upon Contractor executing the Contract and providing the required Performance and Payment Bond and evidence of required insurance within fourteen (14) calendar days after notification of award of the Contract. In addition to its electronic form, any Bid Guaranty must be mailed in original form to the City of Miami Department of Procurement, 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130, to the attention of the Procurement Contracting Officer indicated herein, in a sealed envelope indicating the ITB number and the Project Title. Personal checks will not be accepted. The time for execution of the Contract and provision of the Performance and Payment Bond and Certificate(s) of Insurance may be extended for a duration not exceeding thirty (30) calendar days at the City's sole and absolute discretion. Bid Securities of the unsuccessful Bidders will be returned after award of the Contract. Security of the Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the cost and expense incurred should said Contractor fail to execute the Contract and provide the required Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management Administrator and the City Attorney, as to legal form. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 9. Preparation of Bid All bids shall be prepared utilizing the blank City forms provided herein and herewith. The bid must be signed and acknowledged by the Bidder, in accordance with the directions on the ITB. Failure to utilize the City's forms, or fully complete said forms, may result in the bid being deemed non -responsive. • The Bidder shall be considered non -responsive if its bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. • The bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. • Joint venture firms must complete and submit with the bid, the form titled "Information for Determining Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A Voluntary Virtual Pre -Bid Conference to discuss this ITB will be held on January 31, 2024, at 11:00 a.m. EST, at the following Microsoft Teams Meeting link, or via phone at +1 786-598-2961, Conference ID 724 379 376#. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a bid. A Voluntary Site Visit has been scheduled for February 1, 2024, at 11:00 a.m. EST, at the site location, Morningside Park, 5215 NE 7th Avenue, Miami, FL 33137, to allow potential bidders to avail themselves of the site conditions. The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all bids prior to award, to re -advertise for bids, and to not award any Contract, in the reasonable discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, mistake, omission, or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally, nor change the price before the expiration of one hundred eighty (180) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred eighty (180) calendar days from the date of bid opening by delivering written notice of withdrawal to Procurement prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental or similar laws, codes, and regulations (Regulations) in determining a Bidder's responsibility, and further Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its bid a complete history of all citations and/or violations, notices, and dispositions thereof. The non -submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation, which Bidder may receive after the submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City Projects by the Bidder. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other Contracts with the City, any City agency or instrumentality. Any Bidder who, at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, or who is indebted to the City, and City agency or instrumentality, may be declared non- responsive. Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted to the City, or if the Bidder fails to disclose all material facts fully and completely OR TRUTHFULLY ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non -responsive. City for these purposes shall include any City agency or instrumentality. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a Contract may protest in writing to the Chief Procurement Officer, in accordance with the procedures contained in Section 18-104, City Code "Resolution of Protested Solicitations and Awards," as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Ordinance codified in Chapter 18, Article III, Section 18-104, City Code) describing the protest procedures. Protests failing to meet all the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL BE MADE TO THIS REQUIREMENT. 16. Smsiness Enterprise ("SBE") Participation NOT APPLICABLE The Contractor must comply with the following SBE participation requirements. All instructions, required on the OCI webpage. a. The Contractor must assign a minimum of fiftccn perccnt (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami Dade County as a Small Bucincs Entcrpricc (SBE) as act forth in Scction 10 33.01 and Scction 10 33.02 of the Miami Dade County Code. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 b. Five percent (5%) of the bid amount shall be retained by the City for the SBE requirements until said requirements are fulfilled and verified within six (6) months of thc Contract completion date pursuant to Section 18 89 of the City Code. Failure to comply with the SBE requirements within six (6) months of Contract completion shall result in thc forfeiture of thc retained amount to tho City. This five percent (5%) retainagc is included within thc ten perccnt (10%) retainago normally withheld by the City. c. The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18 89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed experience in Ttracts complvmp'ria-rce, auditing, personi-14e-1 administrationn-,-oorr-field exFcnence in payroll, enforcement, or investigative environment. Thc cost for this verification shall bo included in the related Contract costs. of certified SBE Contractors by trade: htt ://www.miamidade. ov/smallbusinesc/certification lists.asp. 17. Local Workforce Participation Contractor must employ the following minimum percentage requirements for on site labor from persons County), for the duration of the Project: 4. Construction Contract fifty thousand dollars ($250 000) shall have no I oral Workforce Participation roof iiremen4 2. Construction Contracts with a construction cost of two hundrcd fifty thousand dollar ($250,000) or more, but less than five hundrcd thousand dollars ($500,000) shall have ($500,000) or more, but lesc than seven hundred fifty thousand dollars ($750,000) (15%). /1. Construction Contracts with a construction cost of seven hundrcd fifty thousand dollar ($750,000) or more, but less than four million dollars ($/1,000,000) shall have a 5. Construction Contracts with a construction cost of four million dollars ($/1,000,000) or (110%). All Local Workforce Participation perccntagc requirements listed above shall bo applied to thc construction Projcct's on site labor forcc. Thc County residency of tho onsite labor component shall be subject to verification by the OCI. a. Thc Contractor shall strive to employ a minimum of fifty perccnt (50%) of thc aforementioned minimum Local Workforce Participation perccntagc requirement from within the City commission district where the Project is located. requirements until said requirements are fulfilled and verified by the City Manager, or au rized designeeas—b r. fi ilfilled i Tree(3) months of Contract completion. Failure to satisfactorily meet the requirements shall result in tho Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 included within the ten percent (10%) retainage normally withheld by the City and will comply with percentages specified in F.S. § 218.735. c. The Contractor shall coordinate job fairs and hiring initiatives with the South Florida Workforce, or a similar state chartered regional workforce development board acccptablc to the City Manager. 1. For Contracts with a bid amount between one million dollars ($1,000,000) and two million dollars ($2,000,000), the Contractor shall be rcquircd to hold ono job fair within the local community. 2. For Contracts with a bid amount greater than two million dollars ($2,000,000), the Contractor shall be required to hold two job fairs within the local community. d. Bid and recponsc d` c umen4c 4o which a I oral Workforce Participation rogi iiroment goal has been applied shall rcquirc thc Contractor to dcvclop and submit to thc City, within thirty (30) calendar days of notification of award of the construction the following information and elements required by this section. The Contractor shall provide to the City, proof of adhcrcncc to thc City's Local Workforcc compliance with these requirements. The Contractor's response must include: 1. 2. 3. /1. Contract number, name, and a brief description of Work. Total dollar value of the Contract. Dates covering the term of the Contract. Percentage of Local Workforcc Participation Contractor. 5. Breakdown of local workforce used to meet requirements (number of persons broken down by trade and category). 6. If the Contractor was unable to meet the Local Workforce Participation rcquircmcnts mct by thc Contractor to attempt to meet these requirements. 7. If the Project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if ycs, providc the date and location of the job fair(s), number of attendees. 8. Was a third party hircd to vcrify and ccrtify compliancc with thc Local Workforcc Participation requirements, if yes, were all requirements met, what was thc third party's name and provide their current contact information. 9. Was the five percent (5%) retainage fee released to the Contractor by the City 10. If the Contractor did t meet the goal d'�.,aid-Creactor seek a wai„er of the program requirements from any City official, and provide a detailed explanation. proposed to perform Work under the Contract currently on the Contractor's payroll, or positions to be hired by the Contractor, who reside within Miami Dade County. An updated plan shall be submitted to the City's Project Manager on a Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 monthly basis (no exceptions\ and in the event that d firing the Contract period a new hire or a person idcntificd in thc plan as mccting thc Local Workforce Participation requirement goal is replaced, the City may require the Contractor to immediately identify the replacement. c. The Contractor shall have a third party independently verify and ccrtify compliance with the Contractor and be properly licensed under the provisions of Florida hriave-a minima im of twe-(z2)-yeaT f prior profecc l experience in Contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related Contract costs. All references to statutes, codes, ordinances, and regulations herein will be to them as amended from time to time. These Local Workforce Participation requirements shall apply to any competitively procured Contract under this section unless: 1. The City Managcr or designee Dircctor dccms thc requirements unfcaasiblo prior to iscuance of the ITB document. 2. It is disallowed by federal or state law or grant requirements. 3. Funding sources require alternate, contradictory, or disallow I ocal Workforce Participation reg irementc• and /1. These requirements are waived by the City Commission by resolution, prior to issuance of the ITB document, upon written recommendation of the City Manager or designee. Bidders should refer to Section 18 89(f) of the City of Miami Procurement Code for further clarification. Please review City of Miami Ordinance No. 12271, § 2, 8 22 02; Ord. No. 1265/1, § 2, 2 10 05; Ord. No. 12780, § 2, 3 9 06; Ord. No. 13275, § 2, 7 1 1 11; Ord. No. 13331, § 2, 7 26 12; Ord. No. 13332, § 2, 7 26 12; O d. Ago-1-3i19 21' _15 for a complete and-r rough descr tiorn of the Local Workforce copy of the same. 18. Responsible Wages and Benefit-, Pursuant to Section 18 120 of thc City of Miami Procurcmcnt Codc, entitled "Responsible Wag° Construction Contrasts," the Contract to be executed for completion of this Project shall require the Prime Contractor and all of the Subcontractors to pay Miami Dade County Responsible Wages and Benefit to all laborers and mechanics aigned to the Project. Bidders shall incorporate into their bid the required Responsible Wages and Benefits for 2024 Building Schedule, or whichever schedule is in effect as of January 1st of the year the work is performed. For the latest version of the applicable wages please visit: https://www.miamidade.gov/smallbusinesc/responsible wages and benefits.asp. 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must be submitted in writing to Procurement at MSagesse(a�miamigov.com. Written communications may be in the form of e-mail or other written Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 communication, with a copy delivered to the Office of the City Clerk at Clerks©miamigov.com. The delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence." This language is only an overview of the requirements of the Cone of Silence. Please review Section 18- 74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Bidder List. 21. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a bid to an ITB, such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers, or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder, for the same Project. Bids found to be collusive, or related as provided above, shall be rejected. 23. Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City, City agency or instrumentality, and is not a default as a Contractor, Vendor, Provider, or whose default has not been fully cured by the Bidder's surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by, suspended, or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government, or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's responsibility or qualifications to receive public agreements. The Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider, and shall deem as non -responsible, bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the time and date bids are due. 24. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse to such cancellation. END OF SECTION Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 2 ITB GENERAL TERMS AND CONDITIONS 1. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. Time is of the essence in the performance of the Work. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, "Excusable Delay, Non-Compensable," the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or Contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 2. Contract Term The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price The total bid amount shall be the Contract Price, also known as Guaranteed Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the GMC unless the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. Contractor represents, warrants, and guarantees to the City that Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute a GMC/GMP to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from Owner. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 4. Notices Whenever either party desires to give written notice unto the other relating to the Contract, such must be 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 Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e- mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V, City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 Annie Perez, CPPO, Chief Procurement Officer/Director Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez, City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 Email: VMendez@miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia, Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1236 For Contractor: Daniel F. Munilla President Magnum Construction Management, LLC d/b/a MCM 6201 SW 70 Street, 1st Floor Miami, FL, 33143 E-mail: DMunilla@mcm-us.com Phone: 305-541-0000 Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from Keith Ng at (305) 416-1298, or via email at KeithNq©miamigov.com. Keith Ng is the City's Project Manager assigned to this Project. The Contractor must notify residents living within five hundred (500) feet of the Project in writing at least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2016 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract. ■ The Contract Documents shall govern over the Contract; and ■ Addenda to an ITB shall govern over the ITB. In the event of conflicts within the Contract Documents, the priorities stated below shall govern: ■ Scope of Work and Specifications shall govern over plans and drawings. ■ Schedules, when identified as such, shall govern over all other portions of the plans. ■ Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise. ■ Larger scale drawings shall govern over smaller scale drawings. ■ Figured or numerical dimensions shall govern over dimensions obtained by scaling; and ■ Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 6. Indemnification Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 attorney's fees) arising or resulting from the permitted Work and/or failure to comply with applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes, or shares any responsibility or liability of the Contractor or sub- Contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 7. Insurance 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 coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as additional insured Contingent and Contractual Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazards $1,000,000 $2,000,000 $1,000,000 $1,000,000 Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Extended Completed Operations Endorsement: providing three (3) years coverage extension following project completion, including City as additional insured. 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required The City of Miami included as an additional insured. 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.4 Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee. $1,000,000 for bodily injury caused by disease, policy limit. 7.5 Umbrella Liability (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 The City of Miami is listed as an additional insured. Excess Follow form over all liability policies contained herein. 7.6 Builder's Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Total Cost of Renovation Deductible: $10,000 Maximum Five percent (5%) Maximum on wind/hail and flood 7.7 Payment and Performance Bond - TBD Full value of the project, including any and all contingency/dedicated allowances. City of Miami listed as Obligee. 7.8 Safety/Claims and Deductibles Safety and loss control shall be always exercised by the Contractor for the protection of all persons, employees, and property. Any hazardous conditions must be promptly identified, reported, and action taken to mitigate as soon as possible. Notice of claims/accidents/incidents associated with this agreement shall be reported to the Contractor's insurance company and to the City's Risk Management department as soon as practical. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses because of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies issuing all insurance policies required above must be authorized to do business in the State of Florida and must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. Contractor shall furnish to Procurement the 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 official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) calendar days of being notified of award, furnish a Performance and Payment Bond ("Bonds") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value at award including any and all Dedicated and Owner's Contingency Allowances, guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 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 value, including any and all Dedicated and Owner's Contingency Allowances, or an additional bond shall be conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. Alternate Form of Security: In lieu of a Performance/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. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000) must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be 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. Payment / Performance Bonds shall be in the amount of one hundred percent (100%) of the contract value at award, including any Dedicated and/or Owner's Contingency Allowances, and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety 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 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 shall provide the City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so, requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall, at all times, cooperate with the City and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City shall have full access to the Project site(s) at all times. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting from it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the City may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measures to control dust. The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The way the Work is performed shall be subject to the approval of the City, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. As noted, above, self -performance, local workforce participation, and all other similar requirements will apply jointly and severally to each phase, stage, or incremental portion of the work. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. 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 the City as part of the Contract Documents, and shall notify the City 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 the City. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the City. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar to or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor and shall be left in as good a condition as before the starting of the Work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project duration. The Contractor shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 In addition, the Contractor must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: ■ All employees on the Project site(s) and other persons who may be affected thereby. ■ All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and ■ Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement during construction. Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by Contractor to the City. 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 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 the City has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 18.Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: ■ The chemical name and the common name of the substance. ■ The hazards or other risks in the use of the substance, including: » The potential for fire, explosion, corrosion, and reaction. » The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and » The primary routes of entry and symptoms of overexposure. ■ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ■ The emergency procedure for spills, fire, disposal, and first aid. ■ A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. ■ The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, supplies, light, power, internal communications, 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. Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 21. Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 24, "Authority of the Project Manager." Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, Subcontractors, and invoices. The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to, obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given by the Consultant or the Project Manager, 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 assistants, all -satisfactory to the Project Manager. The superintendent shall not be replaced except with the written consent of the Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in Contractor's employ. The superintendent shall represent the Contractor, and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by the Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The Project Manager shall be provided with telephone number(s) for the superintendent, where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather conditions 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(s); visitors to the Project site, including regulatory representatives the City; 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 indelible ink. The daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by the Project Manager and Consultant. The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to inform the City immediately, in writing, and the City will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 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. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued. All instructions to the Contractor shall be issued through the Director or Project Manager. The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe facilities for such access, so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring, and testing. Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than the City, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, 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. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of the Project Manager. 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 the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and impositions all other impositions required by law, rule, or regulation. Contractor is responsible for reviewing the pertinent state statutes and local laws involving state taxes/impositions and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the City will notify the Contractor of all ongoing Projects or Projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other Project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the Work of any other persons, Contractor shall inspect and promptly report to the City 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 that may develop in other Contractor's Work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 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. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to the Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work 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 the City for the use of Contractor. 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. 29. Coordination of Work The Project site(s) may be occupied and may operate as specified in Section 3, Supplemental Terms and Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other Contractors performing Work at the Project site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site(s) which differ materially from those shown in 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(s), 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 the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of the Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of the City, 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, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, 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 Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions 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 the City as the date of substantial completion. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown in the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstance, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and their Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City. Replace, with material approved by the City, at the Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the City. Replace, with material approved by the City, at Contractor's expense, any existing utilities damaged during the Work. 33. Interfering Structures An attempt has been made to show major structures in the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only under the direction of the Project Manager at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at their own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. ■ The Contractor shall: • Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. • Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees, and the public at all times; do not use areas for parking and/or storage of materials except as authorized by the Project Manager. • Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents 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 and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment: When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined, and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools: Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment: All equipment and material shall be shipped by freight, and shipping paid freight on board (FOB) job site. The Contractor shall request a seven (7)-calendar day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving: The Contractor shall unload and record the receipt for all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with the City's Inspector. Should there appear to be any shortage or damage, the City shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling: Equipment and materials received for installation on the Project shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the City, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 38. Manufacturer's Instructions The Contractor shall: ■ Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. ■ Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. ■ Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. ■ Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. ■ Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. ■ Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ■ Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. ■ When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the City a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. The manufacturer's warranties will become effective upon Final Acceptance of the Project. 40. Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. Contractor, by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: ■ Number and title of drawing, including Contract title and Number ■ Date of drawing and revisions ■ Name of Contractor and Subcontractor (if any) submitting drawings ■ Name of Project, Building or Facility ■ Specification Section title and number ■ Contractor's Stamp of approval, signed by the Contractor or his checker ■ Space above the title block for Project Manager's or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) ■ Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp and signature shall be rejected, and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. The City shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked, and coordinated with the requirements of the Work and have been verified, checked, and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased cost to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after the City's award of the Contract, Contractor shall submit to the City a complete list and submittal log of items for which shop drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the City shall in no way relieve the 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. After the approval of the list of items required above, Contractor shall promptly request shop drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its approval thereon. Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the shop drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents, the Contractor must provide shop drawings for all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents, 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 and Documents. The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The City's approval of shop drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such shop 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 shop drawings. No Work called for by shop drawings shall be performed until said shop drawings have been approved by EOR. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the shop drawings. No approval will be given to partial submittals of shop drawings for items that interconnect and/or are interdependent where necessary to evaluate the design properly. 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 the City along with its comments as to compliance, noncompliance, or features requiring special attention. 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. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, FOR is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall always keep one (1) set of shop drawings marked with EOR's approval at the job site. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information, and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options, and other data. Contractor shall supplement the manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the City, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit, and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to the City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the City, that Contractor is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g., interior, or exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the City by the Contractor. The Record Set of drawing shall be submitted in both hardcopy and as electronic plot files. 46. Supplemental Drawings and Instructions The City 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 Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City 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 Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor of responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant if sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. If a specific means, method, technique, sequence, or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 sequence, or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the FOR to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City shall be the sole judge of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Consultant's prior written acceptance, which shall be evidenced by either a Change Order or an approved submittal. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities, or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing The Contractor shall perform all tests, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 within forty-eight (48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents 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 under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work Contractor shall execute 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 for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders 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. 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 the Director as set forth in Article 90, "Resolution of Disputes." 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 City and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by the City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions of the amount, type, or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as "Extra Work." No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order, or require the Contractor to perform any Work including that which the Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction, or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to the Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification, and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business days, submit a revised Project schedule reflecting the changes against the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination, or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: ■ Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. ■ By mutual acceptance of a Contract unit price, which Contractor and Project Manager acknowledge, contains a component for overhead and profit. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 • Based on the "Cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit, which is determined as provided in this Article. • 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 the 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 herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workers' compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and supervisors 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. 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 the 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. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If 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. The term "Cost of the Work" shall include any of the following: • Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • 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. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ■ Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for permits and licenses. ■ The cost of utilities, fuel, and sanitary facilities at the site. ■ 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. ■ Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "Cost of Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in its principal or a branch office, for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. ■ Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ■ 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. ■ 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, or soft costs such as consultant costs, or any costs not directly attributable to the work. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon. ■ A fee based on the following percentages of the various portions of the cost of the Work. ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%). ■ No fee shall be payable for special Consultants or supplemental costs; and ■ No other markup or charge shall be allowed except as expressly provided above. The amount of credit to be allowed by the 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. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to the City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an addition, credit, or no change -in -cost, the Contractor shall submit an initial cost estimate acceptable to the City. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment, and other items of cost. ■ Whenever a change involves Contractor and one (1) 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. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary whether the Extra Work is performed by the Contractor or his Subcontractor. The Project Manager must approve any exceptions. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Construction Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor, materials, or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent (5%) to cover the Contractor's superintendence, administration, and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification, or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: ■ Depths of various elements of foundation in relation to finish first floor datum. ■ All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. ■ Changes in location: Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. ■ Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. ■ Field changes in dimensions and details. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. ■ Details not on original Contract Drawings. ■ Equipment, conduit, and/or electrical panel locations. ■ Project Manager or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda Legibly mark each section to record: ■ Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system, and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new buildings, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior to final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and the Work is fit for its intended purpose. Upon Substantial Completion, the City and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the City inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed, as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City. Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The City and the Contractor shall agree on the time reasonably required to complete all the remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, 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 Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from the Contractor that the Work is ready for final inspection and acceptance, the City shall, within ten (10) calendar days, inspect thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the Project Manager so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NPDES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 66. Force Maieure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, and then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) business days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Does Not Include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Subcontractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of Contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work. • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; and • The effect of such a cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which must be requested within two (2) business days, after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. Regarding an injunction, strike, or interference of public origin, which may delay the Project, the Contractor shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the City within ten (10) 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 the City 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 the City in accordance with Article 70, "No Damages for Delay," 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 Article. 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 therefore as provided in this Article. 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. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delav No claim for damages or any claim, other than for an extension of time, shall be made or asserted against the 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. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. THERE WILL BE NO EXCEPTIONS. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections, or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for the City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers, and vendors, agents, and representatives, 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 or agents and representatives and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the 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 68, "Notification of Claim," hereof. Failure of Contractor to comply with Article 68, "Notification of Claim" 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. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 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 the City, 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 the 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. 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, 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 that the Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 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. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager, Inspector, and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The City shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related costs, in connection with such uncovering, taking down, replacing, and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's bid. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by the Contractor, and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Maintenance of Traffic for Bypass Pumping The Contractor shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures public streets, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be 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 field -verify 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. The Contractor shall notify each utility company involved at least fourteen (14) calendar 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 for by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid 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. 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. 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. 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed, the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 89, "Termination for Convenience." Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the City determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor, or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, 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 has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. 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 non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions 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 or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from the City. ■ Upon the City's issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, and start of warranty for the occupied area. ■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List 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, City shall issue a Certificate of Final Payment relative to the occupied area. ■ 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. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project, the Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery, and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by the City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with the City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: ■ Any amount of any claim by a third party. ■ Any Liquidated Damages; and/or ■ Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, one (1) or more of the following: ■ The Contractor has not performed the Work in a timely manner. ■ The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work. ■ The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services or materials they have provided. ■ The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver. ■ The Contractor has failed to obtain the approval of the City where required by the Contract. ■ The Contractor has failed in the representation of any warranties stated herein. ■ The Contractor has been debarred in the State of Florida or been placed on the convicted vendors list under Section 287.133, Florida Statutes. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ■ The Contractor has breached a material term or provision of the Contractor Documents and has not timely cured the breach. ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: » Treat such failure as a repudiation of the Contract and/or. » Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ■ In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame, or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another Contractor and any such costs incurred will be deducted from any sums due the Contractor under any Contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. ■ Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract Documents, beyond any specified period allowed to cure such default. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ■ Contractor fails to commence the Work within the timeframes provided or contemplated herein or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been under Article 89, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages. The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which the Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"). ■ Take such action as may be necessary for the protection and preservation of the City's materials and property. ■ Cancel all cancelable orders for materials and equipment. ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work. ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports, and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the Contractor. ■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination. Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. ■ Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due to the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, "Notices." Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director of OCI, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: ■ It has first received City Manager's written decision, approved by the City Commission if applicable; or ■ A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 • City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. 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 fourteen (14) calendar 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 or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to because of the determination. Within sixty (60) calendar 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. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such 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. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except that Contractor shall pay all attorney's fees of all attorneys it has engaged to defend the City pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2, Article 6, "Indemnification." 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That also includes any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal, state, or local laws, rules, and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the Contract Documents 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 Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 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. Contractor shall pay impact or similar fees levied by the City and/or Miami -Dade County. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters, job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable. 94. Compliance with Applicable Laws All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Subcontractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an Independent Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City including, but not limited to, worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify, hold, and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to benefit a third party, directly or substantially, by this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 97. Successors and Assigns Subject to Section 2, Article 111, "Consent of City Required for Subletting or Assignment," the performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to terminate this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each bind one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director, or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations, or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Non-discrimination, 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 the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, gender identity, 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. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Buy America Requirements As applicable, and pursuant to Code of Federal Regulations (CFR) Title 23, Chapter I, Subchapter G, Part 635 (§635.410, Buy America Requirements.) Contractor must provide a signed certification statement regarding the manufacture of the iron and steel products to meet Buy America requirements. Every certification should clearly reference a "heat number." The heat number is an identification stamped on steel piece or iron casting at the production location. Additionally, a mill certification shall be produced validating that the raw steel or iron was smelted and formed in the United States. All manufacturing processes of the steel material in a project (i.e., smelting, and any subsequent process which alters the steel material's physical form or shape or changes its chemical composition) must occur within the United States to be considered of domestic origin. This includes processes such as rolling, extruding, machining, bending, grinding, and drilling. 107. 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 the Contract for said Work. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved Contractor, continue until completion at the same prices, terms, and conditions. 109. Review of 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 a Project and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP) and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with this statute. Otherwise, Contractor shall retain and make available to City all such books, records, and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 110. No Interest Any monies not paid by the City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 111. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 112. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title, or interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of the State of Florida. 113. Agreement Limiting Time in Which to Bring Action against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. In the event this Article is found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 114. Defense of Claims Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions, Section 2, Article 6, "Indemnification," the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Section 2, Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section shall survive the cancellation or expiration of this Contract. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 115. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. 116. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 117. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 118. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to award of other Contracts, use of any Contractor, or perform the Work with its own employees. 119. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project. All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described, and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 120. Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 121. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation, or expiration thereof, should survive termination, cancellation, or expiration thereof. Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience," Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost." 122. Disclosure of State Funding, if applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 3 ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. Contractor shall have Five Hundred Forty (540) calendar days from the date of the Notice to Proceed to achieve Substantially Completion. Contractor shall then have an additional Forty -Five (45) calendar days to achieve Final Completion of the Project. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City's Noise Ordinance, Sec 36-6. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the Project site. Total partial payments for Mobilization on any Project, including when more than one Project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project. Any remaining amount will be paid upon completion of all Work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. Contractor may make application for payment for Work completed during the Project at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid based on the line -item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the timeframe for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the City. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's application for payment. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Ten percent (10%) of all monies earned by the Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand-alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: • Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Subcontractors or for material or labor. • Damage to another Contractor not remedied. • Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. • Failure of Contractor to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of four thousand three hundred ninety-five dollars ($4,395) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of two thousand one hundred ninety-eight dollars ($2,198) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any Contract the Contractor has with the City. In case Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City Contract until such indebtedness is paid in full to the City. The City shall notify the Contractor in writing that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The City may require further breakdown after review of the Contractor's submittal. The City reserves the right to request such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed five percent (5%) of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the City's review. Subsequent to such review of said schedule, the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, Contractor shall submit a hardcopy as well as an electronic version. Such an electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. ■ Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project where Subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problem or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City an updated two -week lookahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such decision will be made at the sole discretion of the City. The Contractor shall be required to obtain all necessary permits required for any Project site facilities. Contractor shall also be responsible for maintaining such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 11. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor with the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4-inch square wood or perforated "U" channel metal posts, painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Contractor shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boaters to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. ■ The Project Manager and the City shall approve the locations for all signage. ■ Signage must be permitted and approved as required by the City and County Sign Codes. 12. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 13. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed by the City and shall reinstall or provide to the City as directed. 14. Geotechnical Testing - NOT APPLICABLE 15. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers, and centerlines, auxiliary lines, and a benchmark from which to establish the elevations. The Contractor shall make his equipment and men available to the Inspector for spot-checking the accuracy of the Work. The City shall require the Work to be brought within the tolerances specified elsewhere before backfilling is placed, or the construction is otherwise hidden. 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 pipelines, conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good order to the City as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. 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 the City prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. Recording of Project Record: ■ Record all information for pipeline Projects and on -site Projects concurrently with construction progress. ■ Do not conceal any Work until the Contractor and the City record as -built information. ■ All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. ■ Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 alignment and the inclination for these items. ■ Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). ■ For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications. ■ FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. ■ FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, buildings, and miscellaneous items installed inside them shall be recorded as applicable. ■ Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the Work as it was constructed. ■ Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the City for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. ■ If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the City and resubmit as -built record drawings to the Consultant for final acceptance. 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 Project Manager. 16. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 17. E-Verify - Mandatory Use Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any Subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 18. Cures BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS ITB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this ITB. Bidder understands that non -responsive Bids will not be evaluated. 19. Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 20. Jessica Lunsford Act (JLA) Background Screening Requirements In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time, Contractor agrees that, if Contractor receives remuneration for services, Contractor and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional contractor who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Contractor will not be charged for this search. Further, upon obtaining clearance by the City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Contractor agrees to bear any, and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Contractor agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Contractor further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 21. Dedicated Allowances At the time of award, the City may present modified and updated construction documents to the contractor to construct an additional boat slip and changes to the planting schedule. A Dedicated Allowance and a Permitting Allowance may be added to the Base Bid for the work performed for modified constructions. The completion of the modified work tasks will be compensated for by this allowance. The allowances are to be utilized at the City's discretion and they are not a guarantee to the Contractor. 22. Projects Funded by Federal or State Funds a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the contract, Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 The Contractor shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Contractor. d. Davis -Bacon Act 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. 4. Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Contractor shall use the Federal Wages reflected in the applicable Wage Determination, "Heavy" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.cgov I Search. Contractor shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act 1. The Contractor shall comply with 18 U.S.C. 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (b) (1) of this section, the Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 g• or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) (2) of this section. 4. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through (4) of this section. Parts at Pass -Through Cost (for Repairs Outside the Scope of Work) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Contractor's actual cost and will be passed on to the City without markup or any additional fees. The Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be of commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. h. Notification to Perform Work The Contractor shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Contractor shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. j. Equal Employment Opportunity During the performance of any resulting contract from an RFQ, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. k. Clean Air Act 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. m. No Obligation by the Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Bid. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 P. q• Procurement of Recovered Materials 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Non-use of DHS, Seal, Logo, and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific pre -approval by the Agency. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives from the Agency/ies providing funding. s. Access to Records 1. The Contractor agrees to provide the State of Florida, City of Miami, the Administrator of the federal agency providing funding, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the Administrator of the federal agency providing funding or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. In compliance with the Disaster Recovery Act of 2018, the City of Miami and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Administrator of the federal agency providing funding or the Comptroller General of the United States. t. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier -covered transaction it enters into. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 3. This certification is a material representation of fact relied upon by the State of Florida, and City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. United States Housing and Urban Development; CDBG-MIT 1. If this contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, it shall be subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subjcct to thc rcquircmcnts of Scction 3 of thc Ha g and Urban Dy pmentAcctof 1 Q�a?manFe€1 1 I 701 i i (Sec n e purpose of Section 3 is to ensure that the employment and other economic opportunities generated by the United States Department of Housing and Urban Development's ("HUD") a cistancc of HUD ascictcd projccts covcrcd by Scction 3, shall, to thc gr tcct cxtcnt f ..iblc, be dircctcd to low and vcry low incomc percons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations codified in 2/1 C.F.R. part 75, which implements Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the regulations contained in 2/1 C.F.R. part 75. advising thc labor organization or worker's representative of the contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject the work shall begin. 1. The contractor agrees to includc this Scction 3 clausc in cvcry subcontract subjcct to compliancc an applicablc provision of thc subcontract or in this Scction 3 claucc, upon a finding that thc subcontractor is in violation of the regulations in 2/1 C.F.R. part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 2/1 C.F.R. part 75. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 5. The contractor will certify that any vacant employment positions, including train -positions, that be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 75. 6. Non compliance with HUD's regulations as set forth in 2/1 C.F.R. Part 75 may result in sanctions, contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self Determination and Education Assistance Act (21 S.0 4e)-also applics to the work to be performcd under this contract. Section 7(b) requires that to the greatest extant f osiblc (i) prcfcrcncc and opportunitics for training and cmployment shall be given to organizations and Indian owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Employment and Training. To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by 2/1 C.F.R. Part 75, subpart C shall provided to Section 3 workers within the Miami Dade County. Where feasible, priority for opportunities and training described in this subsection (i)should be given to: (b) Participants in Voi thBi jilt! programs laws and regulations, recipients covered by 2/1 C.F.R. Part 75, subpart C shall ensure contracts for cconomic opportunitics to Scction 3 workcrs residing within Miami Dada County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: (a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing wi n the service area or the neighborhood of the project• and vri rr vcivrc�arca�rcrr �Tcn��Avmvva-vrcrr��rvrccr-ancr (b) YouthBuild programs. w. Rights to Inventions Made Under a Contract or Agreement If the FEMA award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the non - Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 37 CFR Part 401, (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements) and any implementing regulations issued by FEMA. x. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. §§ 200.318 through 200.327. END OF SECTION Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ITB 23-24-003 - Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2 Project No. B-173511A Magnum Construction Management, LLC d/b/a MCM 6201 SW 70th St, 1st Floor, Miami, FL 33143 (305) 541-0000 Pedro M. Munilla, Vice President Submitted By: 51(_Cal* A STRONGCORE COMPANY Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 4 BID FORMS Submitted: March 4, 2024 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: 23-24-003 Title: Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract and fails to furnish the required Performance Bond and Payment Bond as well as the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid must be multiplied by the stated quantity requirements in order to arrive at the total. Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written bid amount, the written bid amount will prevail. bid docu., cntz for th:s orofcc+ Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SCOPE OF WORK: The Morningside Park Baywalk, Kayak Launch, and Boat Ramp ("Project") is a new construction development project located at 5215 NE 7th Avenue, Miami, Florida 33137. The Work consists of furnishing all materials, labor, and equipment necessary for the installation of turbidity curtains and approximately 1,500 linear feet ("LF") of bulkhead including the steel sheet pile, concrete bulkhead, baywalk with stabilized limestone, pea gravel, concrete shell aggregate finish, and underground drainage, tree planting, relocation of select trees to an upland area within the park (per Tree Disposition Plan), drainage infrastructure including innovative treatment devices, kayak launch, solar lighting, seating benches, picnic tables, trash receptacles, irrigation, bike racks, signage, and other park amenities. The following MUST be filled in: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp, D2 LUMP SUM TOTAL FOR BID CONSTRUCTION COST FOR PHASE 1 (GMC/GMP): $ 15 7 WRITTEN LUMP SUM TOTAL BID CONSTRUCTION COST PHASE 1 (GMC/GMP): $ J _ fil d f 6*.N } jv$, i7n1 ,Vert - Ti,s 1r D CvCf ► 22 srWil LUMP M TOTAL FOR BID CONSTRUCTION COST FOR PHASE 11 (GMC/GMP): WRITTEN LUMP SUM TOTAL BID CONSTRUCTION COST FOR PHASE 11 (GMC/GMP): k5 -4-11 LUMP SUM GRAND TOTAL FOR BID CONSTRUCTION COST FOR PHASES 1 & 11 (GMC/GMP): 0 WRITTEN LUMP SUM GRAND TOTAL BID CONSTRUCTION COST FOR PHASES 1 & 11 (GMC/GMP): $ (114,50 Exij4_ 1/111061 '&at-41 414 ti4/y0 fihrth z � + � 4I?` cfrt (Total Bid Construction Cost) PLEASE FILL OUT THE ATTACHED BID FORM IN .PDF FORMAT AND SUBMIT WITH YOUR PACKAGE. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp- D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MORNINGSIDE PARK WATERFRONT IMPROVEMENTS PROJECT BID SUMMARY SHEET PHASE I & PHASE II - Addendum 1 (Updated) CATEGORY ITEM DESCRIPTION UNIT QTY UNIT COST SUBTOTAL PHASE I - BAYWAK DEMOLITION SITE PREPARATION Clearing and grubbing site ACRE 7.34 ########## $ 2,605,700.00 Erosion/Sediment Control Type III (18" pond Protection) LF 100.00 $ 5.30 $ 530.00 Erosion/Sediment Control Type IV (6' Park Protection) LF 2,163.00 $ 8.30 $ 17,952.90 Temporary 6-ft Construction Chainlink Fence LF 2,163.00 $ 12.00 $ 25,956.00 Temporary 6-ft Construction Fence gates (12 ft opening) LF 5.00 $ 28.50 $ 142.50 Sediment Control Inlet (Catch Basin) EA 1.00 $ 12,000.00 $ 12,000.00 Sediment Control Inlet (Ramp) LF 104.00 $ 338.00 $ 35,152.00 Sediment Basin / Containment system (Entrance) EA 5.00 $ 4,610.00 $ 23,050.00 Sediment Basin / Containment system Washout EA 4.00 $ 4,260.00 $ 17,040.00 Floating Turbidity Barrier LF 2,000.00 $ 66.50 $ 133,000.00 Removal of Single post sign EA 26.00 $ 128.00 $ 3,328.00 Removal 8" sanitary lateral LF 1,052.00 $ 35.50 $ 37,346.00 Removal 8" sanitary MH EA 6.00 $ 1,510.00 $ 9,060.00 Removal 6" Conc. Curbs LF 57.00 $ 14.50 $ 826.50 Remove and Salvage Security Double Gate (Aluminum Tube) EA 2.00 $ 1,790.00 $ 3,580.00 Re -install Security Double Gate (Aluminum Tube) EA 2.00 $ 2,980.00 $ 5,960.00 Borrow Excavation CY 138.00 $ 10.50 $ 1,449.00 LANDSCAPE DEMO Removal of Trees and Stumps EA 11.00 $ 0.01 $ 0.11 Removal of Palms EA 25.00 $ 0.01 $ 0.25 Relocation of Trees EA 7.00 $ 5,450.00 $ 38,150.00 Relocation of Palms EA 25.00 $ 1,530.00 $ 38,250.00 BULKHEAD Bulkhead sheet pile wall SF 46,000.00 $ 54.50 $ 2,507,000.00 Bulkhead Conc. Cap @ +6.50 NAVD CY 596.00 $ 2,290.00 $ 1,364,840.00 Safety Zone -3 feet detectable river rock paving band SY 317.00 $ 156.00 $ 49,452.00 Retaining 3 feet height concrete wall around Boathouse CY 15.00 $ 2,060.00 $ 30,900.00 Geotextile Non-wooven Fabric SY 5,679.00 $ 16.50 $ 93,703.50 Baywalk 8" Geoweb LS 1.00 ########## $ 315,700.00 BAYWALK ROADWAY Super Pave Asphalt traffic C (2" SP 9.5) Tn 907.00 $ 311.00 $ 282,077.00 Fiction Course Asphalt traffic C (1" FC 12.5) Boat Ramp only Tn 57.00 $ 463.00 $ 26,391.00 Rework Limerock base 4" (Ped. Path) SY 1,443.00 $ 23.50 $ 33,910.50 Roadway, driveway, parking lot 8" compacted Limeroack base SY 7,533.00 $ 34.00 $ 256,122.00 Roadway, driveway, parking lot 12" Stabilzed sub- Grade (cbr30) SY 7,533.00 $ 8.50 $ 64,030.50 Pedestrian Access_ Concrete salt rock finish (10" reinf. conc. & base) SY 180.00 $ 209.00 $ 37,620.00 Pedestrian Access_ Concrete salt rock finish (6" conc. & base) SY 1,443.00 $ 101.00 $ 145,743.00 BAYWALK WALKWAY 25 FT wide BAYWALK Stabilized Base (8" Geoweb) SY 7,457.00 $ 0.01 $ 74.57 25 FT wide BAYWALKStabilized Base (6-in of #57 Stone) Tn 1,888.00 $ 0.01 $ 18.88 25 FT wide BAYWALKStabilized Base (2-in of peagravel) Tn 16.00 $ 0.01 $ 0.16 2" Crushed Shell Sand Mix topping (Coquina Sand 50/50 Mix) Tn 499.00 $ 136.00 $ 67,864.00 25 FT wide BAYWALK Aggregate fill (#1 Stone) Tn 7,552.00 $ 0.01 $ 75.52 Baywalk 12"x12" Flushed Conc. Curbs (Incl'g Reinf.) LF 4,297.00 $ 0.01 $ 42.97 6" Type D Curb (Incl'g Reinf.) LF 77.00 $ 33.50 $ 2,579.50 Baywalk Accent Oolite Paver Areas SF 2,998.00 $ 12.50 $ 37,475.00 DRAINAGE 24-inch Pollution Retardant Baffle EA 25.00 $ 1,660.00 $ 41,500.00 Drainage: D-4 Conc. MH and Catch Basin EA 36.00 $ 8,280.00 $ 298,080.00 Drainage: 24" Nyoplast Drain Basins EA 2.00 $ 6,000.00 $ 12,000.00 Drainage: 12" Nyoplast Inline Drains EA 35.00 $ 3,830.00 $ 134,050.00 Drainage: 12" HDPE Pipe LF 490.00 $ 104.00 $ 50,960.00 Drainage: 18" HDPE Pipe LF 759.00 $ 180.00 $ 136,620.00 Drainage: Exfiltration Trench < 10 ft deep LF 2,884.00 $ 192.00 $ 553,728.00 Drainage: Exfiltration Trench >10ft deep LF 453.00 $ 277.00 $ 125,481.00 Root Barrier - 24-inch H. (Baywalk EXF. Trench Protection) LF 2,884.00 $ 30.50 $ 87,962.00 Concrete Slabs for site benches bikes - salt rock finish SY 275.00 $ 103.00 $ 28,325.00 BAYWALK DRAINAGE New raised Beach Volleyball Court (4-in beach Sand) Tn 192.00 $ 0.01 $ 1.92 Net Land Fill Tn 6,545.00 $ 20.50 $ 134,172.50 ASPHALT PARKING TRAFFIC FLOW & MANAGEMENT Pre -cast Conc. Wheel Stops (Incg.Dowels) EA 46.00 $ 131.00 $ 6,026.00 6 inch solid white stripping - thermoplastic LF 1,098.00 $ 11.00 $ 12,078.00 24 inch white stripping -thermoplastic LF 60.00 $ 11.00 $ 660.00 White Arrow Marking -thermoplastic EA 12.00 $ 11.00 $ 132.00 Fine Grading SY 32,293.00 $ 7.90 $ 255,114.70 PARK FURNITURE Oolitte/limestone benches /rough finish 6'X3'X2.5' TYP EA 20.00 $ 2,460.00 $ 49,200.00 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MORNINGSIDE PARK WATERFRONT IMPROVEMENTS PROJECT BID SUMMARY SHEET PHASE I & PHASE II - Addendum 1 (Updated) CATEGORY ITEM DESCRIPTION UNIT QTY UNIT COST SUBTOTAL Neoliviano Backed Benches_Landscape Forms EA 40.00 $ 4,100.00 $ 164,000.00 Chase Park Trash Receptacles_Lanscape Forms EA 30.00 $ 3,660.00 $ 109,800.00 Water Fountain Stations with Pet Fountain EA 1.00 $ 16,200.00 $ 16,200.00 Pet Stations EA 8.00 $ 1,970.00 $ 15,760.00 Bike Racks EA 12.00 $ 2,380.00 $ 28,560.00 Perimeter fence with doors at Park Entry LF 130.00 $ 59.50 $ 7,735.00 PARK LIGHTING Solar Lighting- Baywalk-50 feet OC EA 40.00 $ 3,110.00 $ 124,400.00 Solar Lighting - Pedestrian pathways west of bulkhead-50feet OC EA 45.00 $ 3,110.00 $ 139,950.00 Solar markers and safety zone-25feet OC EA 35.00 $ 3,110.00 $ 108,850.00 LANDSCAPE Large Specimen Canopy Tree EA 6.00 $ 33,400.00 $ 200,400.00 Medium Tree EA 120.00 $ 397.00 $ 47,640.00 Large Character Palms EA 76.00 $ 878.00 $ 66,728.00 Large Palms EA 125.00 $ 305.00 $ 38,125.00 Medium Palms EA 80.00 $ 429.00 $ 34,320.00 Native Shrubs EA 1,000.00 $ 2.50 $ 2,500.00 Native Groundcovers EA 1,200.00 $ 0.50 $ 600.00 Sod SF 120,000.00 $ 0.10 $ 12,000.00 Native Grasses EA 1,000.00 $ 4.80 $ 4,800.00 Termporary watering for establishment LS 1.00 $ 20,000.00 $ 20,000.00 Additional Tree Protection and Bracing LS 1.00 $ 0.01 $ 0.01 SUBTOTAL FOR PHASE I $ 11,392,552.49 GENERAL CONDITIONS Mobilization LS 1.00 ########## $ 800,000.00 Permits LS 1.00 ########## $ 187,900.00 Contingency - 10% of Construction Subtotal LS 1.00 ########## $ 1,139,255.25 CONSTRUCTION TOTAL FOR PHASE I $ 13,519,707.74 PHASE II - LANDSCAPE DEMOLITION SITE PREPARATION Clearing and grubbing site ACRE 1.66 $ 44,000.00 $ 73,040.00 Erosion/Sediment Control Type III (18" Shoreline Protection) LF 22,735.00 $ 4.40 $ 100,034.00 Removal of lighting poles EA 21.00 $ 3,110.00 $ 65,310.00 Removal elec. Pull Box (Complete) EA 14.00 $ 3,110.00 $ 43,540.00 Removal of site furniture and equipment(benches) EA 12.00 $ 176.00 $ 2,112.00 Demolition of road - Removal of 2" asphalt SY 10,155.00 $ 6.50 $ 66,007.50 Demolition of paved path SY 2,455.00 $ 10.50 $ 25,777.50 Wood Bollard EA 202.00 $ 45.00 $ 9,090.00 Removal of existing Metal Guard Rail LF 65.00 $ 7.30 $ 474.50 Fence- removal of perimeter fence LF 812.76 $ 4.80 $ 3,901.25 LANDSCAPE DEMO Removal of Trees and Stumps EA 30.00 $ 0.01 $ 0.30 Removal of Palms EA 15.00 $ 0.01 $ 0.15 Relocation of Trees EA 8.00 $ 5,360.00 $ 42,880.00 Relocation of Palms EA 12.00 $ 3,780.00 $ 45,360.00 BAYWALK WALKWAY Stabilized soft trail (agregate on path) CY 913.00 $ 130.00 $ 118,690.00 Geweb Area for the stabilized trail (agregate on path+planted slope on both sides) LS 1.00 ########## $ 100,000.00 Oolite Garden: Natural Stone Slab (12" thick Oolite) SF 830.00 $ 72.00 $ 59,760.00 Oolite Garden: 8-inch Stone Bed TN 69.00 $ 279.00 $ 19,251.00 Oolite Garden: Landward 2-3 ft Stone Revetment (along the bulkhead) TN 65.00 $ 169.00 $ 10,985.00 Oolite Garden: BESE Reef Paste - 1 kg bag (along the toe of the revetment) EA 11.00 $ 845.00 $ 9,295.00 Viewing outlook areas/limestone aggregate CY 36.00 $ 193.00 $ 6,948.00 Oolitte/limestone stepping planks /rough finish 3'X3'X2.5' TYP EA 360.00 $ 885.00 $ 318,600.00 Oolitte/limestone stepping planks/rough finish 3'X3'X2.5' TYP EA 50.00 $ 745.00 $ 37,250.00 Existing kayak launch area enhancement w/ small aggregate (2" pea gravel) TN 33.00 $ 133.00 $ 4,389.00 Existing kayak- mobi mat (10'x33') EA 1.00 $ 7,540.00 $ 7,540.00 Existing kayak - mobi mat (10'x50') EA 2.00 $ 9,100.00 $ 18,200.00 Fill TN 2,891.00 $ 24.00 $ 69,384.00 Fine Grading SY 11,400.00 $ 9.70 $ 110,580.00 Oolitte/limestone benches /rough finish 6'X3'X2.5' TYP EA 30.00 $ 2,000.00 $ 60,000.00 Outdoor Picnic Tables (Gretchen by Landscape Forms) EA 18.00 $ 6,020.00 $ 108,360.00 Chase Park Trash Receptacles_Lanscape Forms EA 10.00 $ 3,680.00 $ 36,800.00 Water Fountain Stations with Pet Fountain EA 1.00 $ 15,300.00 $ 15,300.00 Pet Stations EA 4.00 $ 2,050.00 $ 8,200.00 Perimeter fence with doors at Park Entry LF 55.00 $ 12.00 $ 660.00 18-in outfall Manatee Grate EA 1.00 $ 7,160.00 $ 7,160.00 24-in outfall Manatee Grate EA 1.00 $ 7,690.00 $ 7,690.00 96-in outfall Manatee Grate EA 1.00 $ 41,900.00 $ 41,900.00 42-in outfall Manatee Grate EA 1.00 $ 11,600.00 $ 11,600.00 LANDSCAPE Large Specimen Canopy Tree EA 4.00 $ 62,900.00 $ 251,600.00 Medium Tree EA 30.00 $ 1,590.00 $ 47,700.00 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MORNINGSIDE PARK WATERFRONT IMPROVEMENTS PROJECT BID SUMMARY SHEET PHASE I & PHASE II - Addendum 1 (Updated) CATEGORY ITEM DESCRIPTION UNIT QTY UNIT COST SUBTOTAL Large Character Palms EA 30.00 $ 1,910.00 $ 57,300.00 Large Palms EA 17.00 $ 3,370.00 $ 57,290.00 Medium Palms EA 60.00 $ 795.00 $ 47,700.00 Coastal Shrubs EA 1849.00 $ 310.00 $ 573,190.00 Coastal Ferns EA 2531.00 $ 2.30 $ 5,821.30 Coastal Groundcovers EA 500.00 $ 13.50 $ 6,750.00 Coastal Marsh Grasses (7,872 HM+2,201LM) EA 10073.00 $ 0.50 $ 5,036.50 Sod SF 4700.00 $ 0.20 $ 940.00 Termporary watering for establishment/west of soft trail only 60 days Upon substantial completion LS 1.00 $ 30,000.00 $ 30,000.00 CONSTRUCTION SUBTOTAL FOR PHASE II $ 2,749,397.00 GENERAL CONDITIONS Mobilization LS 1.00 ########## $ 270,000.00 Permits LS 1.00 $ 72,300.00 $ 72,300.00 Contingency - 10% of Construction Subtotal LS 1.00 ########## $ 274,939.70 CONSTRUCTION TOTAL FOR PHASE II $ 3,366,636.70 CONSTRUCTION GRAND TOTAL (PHASES I & II) $ 16,886,344.44 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this bid: Addendum No. 1, Dated February 21, 2024 Addendum No. 2, Dated February 22, 2024 Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Addendum No. 6, Dated Part II: 2 No Addendum was received in connection with this bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Small Business Enterprise ("SBE") Requirements Bidder certifies that it has road and understood thc provisions of City of Miami Ordinance 13331, codificd as Section 18 89 of thc City Codc, pertaining to thc implementation of a "Small Bucincs Enterprise" ,=c^ ent Lvaluation of Bidder's responc enecc + Ordinan, e Section 3 31 ch�u be ciderati n in the award of a Contract. 2. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace. (ii) The Bidder's policy of maintaining a drug -free workplace. (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB). g) Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property. c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 13 of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements. (2) Bidder does have a satisfactory record of performance. (3) Bidder does have a satisfactory record of integrity. (4) Bidder does possess qualified legal standing to Contract with the City; and (5) Bidder will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of moneys due to the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information, or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: g) (1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources. (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirement.; The Bidder certifies to the best of its knowledge and belief, that it and its principals: quarterly basis. (b) Have idcntificd in City Form Subcontractor Utilization ("SU") a third party indcpcndcnt who vcrifics and is properly licensed undcr the provisions of F.S. 151,171,173, or 181 and who is t with the Contractean-a (c) The selected third party, who independently vcrifics compliance with this section, must have a 18 89 of the City Code. Part IV: Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Description Unit Price Quantity Extended Method Price Trench Box and/or Benching LF $1.00 5,410 $5,410 Trench Box and/or Benching Attached is a Bid Bond [X], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. N/A Bank of N/A for the sum of 5% Dollars ($ N/A ). Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ITB No. 23-24-003: Certification Statement The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part I through IV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder Name: Magnum Construction Management. LLC d/b/a MCM Signature: Printed Name/Title: Daniel F. Munilla, President City/State/Zip: Miami, FL 33143 Email: Dmunnilla0mcm-us.com Telephone No.: 305-541-0000 Fax No.: 305-541-9771 Social Security No. Dun & or Federal I.D. No. 59-2373403 Bradstreet No. 118604537 If a partnership, names, and addresses of partners: NIA (If applicable) END OF SECTION Momingside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of Magnum Construction Management. LLC d/b/a MCM, a corporation organized and existing under the laws of the State of Florida , held on the _day of , a resolution was duly passed and adopted authorizing (Name) Daniel F. Munilla as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 4th , day of March , 20 24 . Secretary: Print: o M. Munilla CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). Momingside Park - Baywalk, Kayak Launch, and Boat Ramp- D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) _ (If Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: NOTARIZATION STATE OF Florida ) COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me this 4th day of March , 20 24 , by Pedro M. Munilla , who is sona no o me or who has produced as identification and who (did - • i • no take an oath. SIGNATU' a F NOTARY r BLIC Caridad L. Arce PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC PRY Pi A",/Eno , ` 1111612025/�j;; NCaridad L Arce Q � my. Commission Q. N 435507 4,4 Momingside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Bid Bond Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 BID BOND FORM (Page 1 of 3) City of Miami ) County of Miami -Dade ) State of Florida ) Magnum Construction Management, LLC d/b/a MCM KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, Markel Insurance Com;,anr as Surety, are held and firmly bound unto the City of Miami, in the penal sum of Five Percent of Amount Bid _ dollars ($ 5% of Bid ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated February 26 , 20 24 , for: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp D2 - Project f^1o. B-173511A NOW THEREFORE: (a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of opening the same, and shall within ten (10) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Momingside Park- Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 26th day of February , 20 24 , the name and corporate seal of each party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal) I 5,( e Ado clirv) (Signature ofAuthorized 0 icer) As per Attached Power of Attorney (Surety Secretary) Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A PRINCIPAL: Magnum Construction Management, LLC d/b/a MCM (Name of irm) Q//f.S) 0— (Title) 6201 S.W. 70th Street (Business Address) Miami, FL 33143 `0, 01 r ! p „„� M...C...M %,, ••'t P�Cx� gal SEAL **'•. 1983 `‘'s •''�� iOR,,,`\`‘. (City/State/Zip Code) SURETY: Markel Insurance Company (C rp r.: to Surety)L'' it Affix Seal (Signature of Authorized Officer) William Grefe Griffin, Attorney In Fact (Title) 4521 Highwoods Parkway (Business Address) Glen Allen, VA 23060 (City/State/Zip Code) ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL 1, ? deit /&en,`!aV . , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Va., of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) CITY OF Whippany ) COUNTY OF Morris ) STATE OF New Jersey) Before me, a Notary Public duly commissioned, and qualified, personally appeared Wiliam Grefe Griffin to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Markel Insurance Company and that he/she has been authorized by Markel Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this asth day of INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. February , 20 24 - . Notary Public, State of Fteride•at Large. New Jersey My Commission Expires: August 22, 2028 Momingside Park- Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ANDREAH K MORAN NOTARY PUBLIC L,TATE OF NEW JERSEY MY COMMISSION EXPIRES AUG. 22, 2028 ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 POA# 910124 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: William Grefe Griffin Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: In Unratified Amounts This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 14th day of February , 2024 By: SureTec Insurance Company Michael C. Keimig, Presiders' State of Texas County of Harris: nirigs, Vice President On this 14th day of February , 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. .40S XENIA RIVAS •r0 yks ;h).4 Notary Public State of Texas \�F/4 Commission # 129117659 Commission Expires 9/10/24 _ By: Xea'Ri]as, Not Public My commission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 26th day of February , 2024 By: clnsurnceCo pany M. Brent Beaty, Assista t Secretary By: Any Instrument Issued in excess of the penalty stated above is totally void and without anyvalidity. 910124 For verification of the authority cf this Power you may call (713)812-0800on any business day between 8:30AM and 5:00 PM CST. arke ,' surance Company ,Assist! Secr Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Questionnaire Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 QUESTIONNAIRE This completed form must be submitted with the bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form, or additional information upon request by the City, shall result in the rejection of the bid as non- responsive. Additional pages may be used following the same format and numbering. By submitting its bid, the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. a) How many years has Bidder been in business under its current name and ownership? 41 Professional Licenses/Certifications (include name and number)* Issuance Date Alejandro L. Munilla, CGC1529444 August 7th, 2020 Pedro M. Munilla, CUC1225697 July 2nd, 2022 (*include active certifications of small business enterprise and name of certifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: August 7th, 2020 c) Qualified Business License: Yes ® No ❑ If Yes, Date Issued August 24th, 1988 d) What is the Bidder's business? General Contractor, Utility & Excavation (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) e) Name of Qualifier, license number, and relationship to Bidder: Alejandro L. Munilla, CGC1529444, Vice -President f) Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. Alejandro L. Munilla, CGC1529444, 4 years, Vice -President Juan Munilla, CGC1529420, 4 years, Founder Pedro M. Munilla, CUC1225697, 4 years, Vice -President Jorge Munilla, CGCO23834, 37 years, Founder 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date N/A 3. Type of Business Entity: ❑ Corporation ❑ "S" Corporation ® LLC ❑ Sole Proprietorship ❑ Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract) Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 4. Business Entity Ownership: a) Identify all owners of the Business Entity. Name Title Strongcore Group, LLC % of ownership b) Is any owner identified above an owner in another company? KI Yes ❑ No Falcon 6, StrongcoreGroup, If yes, identify the name of the owner, other company names, and % ownership. 3MB Daniel F. Munilla President 17.647% Pedro M. Munilla Vice -President 17.647%o Alejandro L. Munilla Vice -President 17.647%o Laura Munilla Chief Administrative Officer 23.529% Madeleine Munilla Dynasty Trust Share Holder 23.529% c) Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for other provide specific levels of authority) Name and Title All Daniel F. Munilla President Pedro M. Munilla Vice -President Alejandro L. Munilla Vice -President Laura Munilla Chief Administrative Officer Signatory Authority Cost No -Cost Other El El El El Explanation for Other: (Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information: Total No. of Employees: 88 Number of Managerial/Admin. Employees: 39 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Roadway Foreman - 9 Excavators - 2 Drivers -1 Roadway laborer - 16 Carpenter -2 Pipelayer- 3 Roadway Operator - 10 How many employees are working under H2B visas? 0 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: N/A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 7 Insurance and Bond Information: a) Insurance Carrier name and address: American Global 900 S. Pine Island Rd, Suite 210 Plantation, FL 33324 b) Insurance Contact Name, telephone, and e-mail: Will Griffin, 954-591-2637 will.griffin@americanglobal.com c) Insurance Experience Modification Rating (EMR): 0.70 (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: 20 claims , $86,525.00 e) Bond Carrier name and address: Markle Insurance Co 4521 Highwoods Parkway Glen Allen, VA 23060 f) Bond Carrier Contact Name, telephone, and e-mail: Jeft Loftis, 804-747-0136 Jeft.Loftis@markel.com g) Number of Bond Claims paid out in last five (5) years and their corresponding value: None 8. Have any claims lawsuits been filed against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis for the claim or judgment, and settlement, unless the value of the settlement is covered by a written confidentiality agreement. None 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: Yes, See attachment A 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes ❑ No ® If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. No 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. See attachment B B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: a) Name: **See Exhibit D for Project Management & Subcontract Details. b) Years employed by Bidder: Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 c) Licenses/Certifications: d) Last three (3) projects with the company including role, Scope of Work, and value: 2. Subcontractors: Name Trade % of Work License No. Certification* (*active certifications of small business enterprise and name of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder for this Project and the corresponding percentage of the Work: (This does not include such items as insurance' bonds, dumpsters, trailers, and other similar non -construction Work items) MCM will Self perform the Following Item of Work: Earthwork, Basework and Final Grading: 30% Drainage and underground: 15% Concrete Bulkhead: 5% Installation of Furniture: 2% Erosion Control: 3% Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Attachment A Magnum Construction Management, LLC Litigation History Form* Case Number Date Filed or Served Venue Plaintiff Defendant Claim Disposition of matter CACE19002557 6/21/2019 Seventeenth Judicial Circuit of Florida Casis, Sidney Munilla Construction Management, LLC Slip & fall; Obstruction outside Dismissed with Prejudice 20-01405 1/24/2020 Seventeenth Judicial Circuit of Florida Jenkins, Michael Magnum Construction Management, LLC Negligence Settled CACE 21 009508 6/14/2021 Seventeenth Judicial Circuit of Florida Rodger Strachan The Whiting -Turner Contracting Company Trip & Fall Settled CACE-21-014022-08 7/14/2021 Seventeenth Judicial Circuit of Florida Litecrete Inc. MCM and Travelers Casualty and Surety Company of America Breach of contract claim requesting retainge be realaesd in advance of it being due Dismissed with Prejudice 1:21CV22491 8/12/2021 US District Court Southern District of Florida ION Electric Travelers Casualty et. al. Miller Act Bond Claim Dismissed with Prejudice 2022-016581-CA-01 9/1/2022 Eleventh Judicial Circuit of Florida Andres Cotes Magnum Construction Mangement, LLC Negligence Dismissed with Prejudice 2021-001208-CA-01 1/18/2021 Eleventh Judicial Circuit of Florida Janeth De Jesus Munilla Construction Management, LLC Negligence Voluntary Dismissal with Prejudice 2023-017987-CA-04 7/7/2023 Eleventh Judicial Circuit of Florida AAP Construction Group, Corp. Magnum Construction Mangamgent, LLC Breach of Implied Covenant of Good Faith, Breach of Contract Pending *As a General Contractor completing over $300M of work annually (in some years), it is ordinary and customary to have some contractual disputes. If you have any questions, do not hesitate to contact us at carce@mcm-us.com, dmunilla@mcm-us.com and pmmmunilla@mcm-us.com. Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MCM IDN DESCRIPTION MAKE MODEL YEAR SERIAL NUMBER STATUS BAR000 BARGES BAR052 Barge Self Fabricated N/A 2014 N/A Owned BAR056 BLD000 Barge DOZER Self Fabricated N/A 2021 N/A Owned BLD040 BOA000 a; Caterpillar D1LGP 2022 XKL00674 RPO BOATS BOA009 Aluminum Boat CONCRETE PAVER Concrete Planer CRANES Rough Terrain Sea Ark Allen Screed Grove 2072 SSE12 RT760E 2014 2018 2004 SOM37294H314 GCBGT-1665915 (Engine) 221010 Owned Owned Owned CPV000 CPV043 CRA000 CRA005 CRA012 Rough Terrain CARTS Grove RT890E 2012 232294 Owned CRT000 CRT032 Utility Vehicle 4X4 Kubota RTV-X1140W-H 2O15 11505 Owned CRT033 Electric Cart EZ GO S4 48V 2017 3229211 Owned EXC000 EXCAVATORS Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 EXC042 Hydraulic Excavator Caterpillar 336EL 2011 CAT0336EJBZY00602 Owned EXC043 Hydraulic Excavator Caterpillar 349F 2019 HPD20911 CAT Finance EXC044 Hydraulic Excavator Caterpillar 325 2023 TEL21002 RPO EXC045 Hydraulic Mini Excavator Caterpillar 306CR 2023 6G608000 RPO LD R000 LOADERS LDR041 Wheel Loader Caterpillar 930M 2020 F5K00790 CAT Finance LDR042 Wheel Loader Caterpillar 950GC 2022 M5T05335 CAT Finance Wheel Loader TRAILER Caterpillar 950GC 2023 M5T055. t8 RPO TLR000 TLR052 BOA009 Trailer Continental 2014 1 ZJBB211 XEC016894 Owned TLR053 3 Axle Electric Trailer for Dump Truck Eager Beaver 18 GLS 1997 112DPM271 VL049893 Owned TLR054 2 Axle Air Trailer fo Dump Truck Mont DW25 1982 1 M942DP30CH003034 Owned TRB000 TRUCK BOX TRB020 Box Truck Isuzu NPR-XD 2018 JALC4W169J7K00891 Owned TRB021 Box Truck Ford F-350 2022 1FDWE3FKOPDD16972 Leased TRD000 TRD001 Dump Truck Tri-Axle Sterling 2007 2FZHAZCV77AV66377 Owned TRF000 TRUCK FLATBED TRF027 Flatbed Truck Isuzu NPR COE 2003 JALC4B14437002536 Owned TRF034 Flatbed Truck GMC W3500 2006 J8DB4B16067007783 Owned TRF055 Flatbed Truck/Utility Truck Isuzu NPR 2017 JALC4J16XH7002155 Owned TRF056 Flatbed Truck MOT Isuzu NPR -HD 2018 JALC4W164J7007824 Owned TRF057 Flatbed Truck MOT Isuzu NPR-XD 2018 JALC4W161J7K01064 Owned SWR000 SWEEPERS SWR009 Regen Air Street Sweeper/ Truck Mounted Tymco 435 2012 JALE5W163C7900690 Owned TRW000 TRUCKS WATER TRW026 Water Truck International _ _ 2019 1HTMMAAM2BH283232 RPO Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 EXHIBIT D individual's Name Present Position or Office in Your Organization Years of Construction Experience Magnitude and Type of Work In What Capacity Qualifying Projects for RPQ No. 42200318010 Mario Cuello General Superintendent 31 Years Please see attached additional information in the following sheets, which include the key personnel's resumes Superintendent A1A Bridge Rehabilitation, SR 842 Broward Blvd, Grove Bay Parking Garage, HEFT II £8N20, WT Sampson School Alejandro Munilla Director of Civil. Operations 8 Years Please see attached additional information in the following sheets, which include the key personnel's resumes Senior Project Manager ASA Bridge Rehabilitation, SR.842 Broward Blvd, HEFT it E8N20 Guillermo Salinas Project Manager 14 Years Please see attached additional information in the following sheets, which include. the key personnel's resumes Project Manager/ Superintendent HEFT II E8N20 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Superintendent Construction Experience 31 Years Education B.S. in Civil Engineering, Universidad del Norte, Barranquilla, Colombia 1985 Areas of Expertise Road & Bridge Highway Heavy Civil Municipal Aviation LicensingfTrainingl Certifications Procore Fundamentals OSHA 2015 National Safety Stand -Down to Prevent Falls in Construction U.S. Army Corps of Engineers and Naval Facility Engineering Command Training Course - Construction Quality Management for Contractors - #784, Certificate No. SAJ- 00-14-00049 Excavation and Trenching Safety Training CPR Scaffold Safety and Compliance OSHA 30-Hour GHS & Hazard Communications Confined Space Certificate Employment History MCM, Miami, FL Superintendent 1990 to Present www.mcm-us,cam Summary of Qualifications Maria Cuello has 31 years of complex construction experience which enables him to oversee all field operations. He has the ability to provide on -site solutions to almost any design or construction issue in order to avoid construction delays and increased costs. Mario is a graduate of Universidad del Norte Barranquilla, Colombia with a degree in Civil Engineering and is OSHA 500 certified. He has an extensive array of project experience in the road & bridge, highway, heavy civil, aviation and municipal market sectors. He is responsible for the overall scheduling, coordination and supervision of all field activities to ensure the successful and timely completion of the project. Some of his specific project job tasks include, coordination of all on -site functions, assisting project management in developing schedules. project standards and implementing working documents, forecasting and enforcing timely execution of work, maintaining updated as-builts and daily reports, monitoring compliance with MCM Safety Program, maintaining quality control in every aspect of the project, and assume responsibility for productivity, efficient use of materials and equipment, and contractual performance. Mario's professionalism and demeanor produce safe and well organized job sites where quality and cost effectiveness are optimized. Project Experience Summary Please see below projects highlighted in yellow that qualify for Project No. 42200318010 FLL TERMINAL 4 EASTERN EXPANSION, Miami, FL Cost: S125,925,000 Completion Date: 04/2022 Role: General Superintendent Scope of Work: As part of the overall expansion of Terminal 4 at Fort Lauderdale -Hollywood International Airport, MCM completed the eastern expansion of the new Concourse G. The general scope of the project included the expansion of the new concourse adding eight (8) gates, demolition of the existing Concourse H, reconfiguration of the Security Screening Check Point (SSCP), construction of the Broward County Aviation Department (BCAD) offices and construction of the building shell space intended for the Federal Inspection Service (FIS) between the existing concourse and the proposed Concourse G. Completion of this multi -phased expansion required close coordination with project stakeholders and contractors working on adjacent projects for the new hydrant -fueling system and apron improvements, in order to ensure minimal impacts to airport operations and the traveling public throughout construction. HEFT It - E8N20. Miami. FL Cost: S54,991,730 Completion Date: 02/2021 Role: General Superintendent Scope of Work: This project consisted of widening the HEFT mainline between SW 72nd Street & SW 40th Street to two express lanes and three general purpose lanes in each direction; and improvements to the mainline alignment between SW 56th street & Bird Road to increase the design speed. The widening of mainline HEFT involved the widening of four pairs of bridges. In addition. a replacement northbound exit ramp to SW 117th Avenue was constructed. Furthermore, the existing toll facilities were replaced with a new All Electronic Toll Gantry Structure. Bird Road was widened by one lane and SW 117th Avenue was reconfigured to make Frontage Road a one way street with limited access. W.T. SAMPSON SCHOOL, Guantanamo Bay, Cuba Cost: S65,322,499 Completion Date: 01/2022 Role: General Superintendent Scope of Work: This Department of Defense project slated to receive a LEED Silver Certification is located in US Naval Station Guantanamo Bay and required the construction of a temporary school, demolition of an existing education complex, and construction of a new, state of the art K-12 School to serve deployed military families stationed in Guantanamo Bay. The multi -story educational facility with over 100,000 sq. ft. of usable is composed of a shallow foundation, steel frame and reinforced masonry walls with decorative masonry and metal wall panel exterior. Interior construction includes exposed CMU, metal framed walls, and operable glass partition walls. I.!WI MAI E)NC PAT' I g Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Su serintendenf Roofing system is comprised of a standing seam metal roof as well modified bituminous flat roof system with a modern photovoltaic solar panel system. The site package includes road paving and a collegiate sized synthetic turf field. GROVE BAY PARKING GARAGE, Coconut Grove, FL Cost: $17,581,056 Completion Date: 0912020 Role: General Superintendent Scope of Work: The Grove Bay Garage project consisted of a new 4-story open garage building with retail space on the ground floor for the Miami Parking Authority in Coconut Grove, Miami, adjacent to the ocean. This project is part of the redevelopment of public Sand surrounding Miami City Hall and the adjacent marinas. The building footprint totals 169,112 sq ft with over 400 parking spaces and architectural elements throughout to commemorate the historical nature of the site location on Pan American Drive. E4S38 — FOOT Al A BRIDGE REHABILITATION, Port St. Lucie, Fl Cost: $10.084,740 Completion Date: 03/2020 Role: General Superintendent Scope of Work: The Improvements under this contract consist of bridge rehabilitation (Peter J. Cobb Memorial Bridge, bridge No. 940094) including scour protection, rubble riprap, gabions, bedding stone, pile repairs, fender system and spalledldelaminated concrete repairs, sidewalk, driveways, fencing, pedestrian/bicycle railing, replacing the existing Observation Walks, and Observation Walk lighting along State Road A1A for 0.585 miles over the Intracoastal Waterway in St. Lucie County. The project included the installation of approximately 1,954 LF of prestressed beams and 7,027 LF of 18' Piling. T4433 SR 842 BROWARD BLVD., Fort Lauderdale, FL Cost: $16,224,276 Completion Date: 06/2019 Role: General Superintendent Scope of Work: T4433 SR 842 Broward Blvd. is a $16M improvements project that consisted of construction of a temporary ACROW bridge to allowed construction of the new bridge replacement (existing North Fork River bridges No. 860284 and No. 860063 - replaced by proposed bridge No. 860675), and also including bridge deck grooving and re -planning, retaining walls, gravity walls, bulkheads, riprap, structures monitoring, earthwork, milling and resurfacing, widening, drainage improvements, fencing, landscaping, signing and pavement markings, traffic monitoring sites, overhead sign structures, lighting install, ITS / fiber optic systems, signalization, utility adjustments and Utility Work by Highway Contractor Agreement (UWHCA) along the road described as: SR 842 (Broward Blvd.), From NW 15th Ave. Easterly 1.562 Miles To SR 5 (US 1/Federal Hwy.). FDOT IRMA DISASTER RELIEF, Monroe County, FL Cost: $40,000,000 Completion Date: 04/2018 Role: General Superintendent Scope of Work: MCM was awarded an emergency storm recovery contract by the Florida Department of Transportation to clean up storm debris in the lower Florida Keys between lower Sugarloaf Key to the 7 mile Bridge. MCM worked on the most affected areas by Hurricane Irma which struck Florida on September 10, 2017. The emergency recovery work consisted of collecting debris off US1 — Overseas Highway and the off -system roadways in each of the Keys within our work zone. Storm debris is collected and hauled to Debris Management Sites (DMS) for processing prior to final disposition. ALIT[ r71NG 1=%1 1 I:NCG Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Y r Superintenden OPA LOCKA 54 FM, Miami, FL Cost: $12,072,689 Completion Date: 12/2018 Role: General Superintendent Scope of Work: In general, this project consisted of furnishing all labor, materials and all equipment necessary for the open cut installation of approximately 10,900 linear feet of 54-inch diameter force main from NW 57th Avenue to NW 37th Avenue, within the north bounds of the Opa-Locka Executive Airport Airside Operations Area along the south edge of the Biscayne Canal (C-8). The scope of the work includes. but is not limited to, making connections to existing mains. dewatering,, sheeting and shoring to control trench width. making temporary and permanent paving repairs, cleaning and testing the main and all other appurtenant and miscellaneous Items and work for a complete, functional and satisfactory installation. SFWMD LAKESIDE RANCH STA PH Il, Martin County, FL Cost: $34,636,700.00 Completion Date: 0112018 Role: General Superintendent Scope of Work: The purpose of Lakeside Ranch STA was to treat water in order to reduce phosphorus loading to Lake Okeechobee and the Everglades. MCM was responsible for completing all Phase II construction activities which included five treatment cells south of the Preservation Area, comprised approximately 30,328 lineal feel of perimeter levees and 17,442 lineal feel of interior levees; Pump Station S-191A for flood control and recirculation to the STA The pump station was comprised of three (3) electric pumps at 150 cfs (2 operating and 1 standby). for a firm capacity of 300 cfs; and the Outlet Canal for the entire STA. including culverts under U.S. Highway 98, The Lakeside Ranch STA Project and its associated structures are located on a 2,700-acre parcel of land in southeastern Okeechobee and western Martin Counties between U.S. Highway441 and U.S Highway 98 east of Lake Okeechobee. C-111 DETENTION AREA, Miami, FL Cost: $10,189,363.00 Completion Date: 10/2017 Role: General Superintendent Scope of Work: The C-111, Contract 8 project features consisted of the construction of levees, Articulated Concrete Block Mat (ACBM) weirs, degrading an existing levee, demolition of existing structures and replacing with levee segments. Work also included debris removal, aerial progress photography. sodding, and environmental monitoring. SR 823 REO ROAD PHASE lV (W. 5411, ST TO W. 65Tf1 ST AND W. 53R° TER TO W. 65TH ST), Hialeah, FL Cost: $19,788,202 Completion Date: 2017 Role: General Superintendent Scope of Work: This roadway construction project consisted of the following: reconstruction and widening of the SR 823 (NW 57th Ave) from West 54th St, to West 651h St.; implementing multiple traffic switches to allow for construction phasing; constructing a new retaining wall which is composed of concrete sheet panels and piles along the west side of NW 57th Avenue; installing twin 72" culverts along the west side of NW 57th Avenue; removing trees that conflict with the installation of new drainage structures throughout the project; installing multiple new traffic signals at street intersections; the installation of drainage, over 4,000 LF of 54" water main; driving approximately 300 concrete precast piles & panels; installation of over 2,000 LF of precast & cast -in - place bulkhead wall concrete cap; new landscaping; new project lighting; installing multiple concrete drill shafts; milling & resurfacing. 4111—\16I1111 FAD D'Na I.XC:IIFN:F Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Su+ertntendent SITE 1 IMPOUNDMENT, Palm Beach, FL Cost: $50,120,728 Completion Date: 12/2017 Role: General Superintendent Scope of Work: This project included modifications to approximately 15,000-LF of the existing L-40. Construction activities include miscellaneous demolition, installation of temporary access bridge, vegetation clearing and grubbing, dewatering operations, borrow and disposal area operations, excavation and fit placement, construction of armored spillway (S-530), placement of erosion control measures that include soil cement and reinforced grass, installation of embankment instrumentation, construction of approximately 6-acre wildlife wetland area, and other miscellaneous embankment construction activities. FOOT NW 36 ST, Miami, FL Cost: $7,823,846 Completion Date: 02/2016 Role: General Superintendent Scope of Work: This Design -Build Contract consisted of two separate and distinct projects which were let together. The first project FPID No.: 25979-1-52-01 mainly consists of milling and resurfacing. median modifications, sidewalks and ADA ramp construction along of NW 36th Street from 120 ft west of Lee Dive to just east of Okeechobee Road. This project also includes signing and pavement marking, minor signalization improvements at the intersection of NW 36th Street with Okeechobee Road. The second project FPID 418065- 2-52-01, consists of the replacement of the bascule bridge over the Miami Canal C-6 with a fixed bridge using FIB 54, the construction of a new retaining wall due to the re -alignment of the Westbound SR-112 off -ramp to NW 36th Street, and the roadway reconstruction of NW 36th Street from East of Okeechobee Road to West of NW North River Drive. MDWASD-96 IN EMERGENCY REPAIR, Miami, FL Cost: $519,517 Completion Date: 0312016 Role: General Superintendent Scope of Work: The project consisted of removal and replacement of 96-inch prestressed concrete pipe for RAW Water Main damaged by core drilling at NW 74 Street and NW 104 Avenue. The project was done on an emergency basis with the Department furnishing 96-inch PCCP pipe lengths, bends and closures. The work of this project included immediate mobilization; continuous 24 hour work until the raw water main is returned to service; taking over the work area from Department forces; furnishing a crane to handle the 96-inch concrete pipe, closure and adapter; loading and transportation of Department furnished materials from Department storage yard; excavation dewatering the excavation; dewatering of the 96-inch RAW water main; removal of pipe length as required; installation of 96-tch prestressed concrete pipe, closure and adapters; installation of closure; grouting the joints; constructing an access manhole above the blind flange on the short 96-inch length furnished by the Department; furnishing and installing all materials for the access manhole assembly; providing temporary pumps and piping for dewatering; dewater groundwater, cleaning the installed pipe; furnishing additional backfill; site restoration; traffic control; providing maintenance of traffic plans for any required detours; providing any accessories not furnished by the Department (closure bolts); and all other appurtenant and miscellaneous items and work for a complete, fully functional and satisfactory project located in Miami -Dade County, Florida. BRIDGES OF THE ISLES OF LAS OLAS, Ft. Lauderdale, FL Cost: $7,998,765 Completion pate: 08/2015 Role: General Superintendent Scope of Work: The project replaced the existing bridges in the City of Fort Lauderdale. These bridges, which were constructed between 1946 and 1959, were evaluated and found to be structurally deficient requiring complete replacement. All five bridges were fixed, low level bridges. The four Nurmi Isle bridges will have (2)10' lanes and 6' sidewalks and the Sunrise Key bridge will have (2) 11' lanes (minimum) and 7' sidewalks. Each bridge replacement was accomplished in two construction phases. Phase I pre -construction involved the set-up of MOT devices for the work zone, temporary signage and signals and the relocation of the existing utilities on www.mcm•us,com r;tAI DM; G%CT1 l FNC1 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Superintendent the closed side. In the first phase, one half of the bridge was closed for demolition and new construction, while the other half remained open as a bidirectional ingress/egress lane from the isles to the mainline. The closed half of the bridge was constructed with precast bridge segments to ensure higher quality, efficiency of construction and easier maintenance for the Owner after completion. Upon completion of the new bridge side, the MOT was switched to Phase II to allow traffic onto the newly constructed lane as a bidirectional travel lane, while the existing side was closed as mentioned above for demolition and construction. Other scopes included in the bridge reconstruction were the preservation and reuse of the historic bridge urns and pedestals, low level decorative bridge lighting, a vertical face traffic barrier and below bridge deck curtain walls to conceal the view of intermediate bends. SR 823 RED ROAD PHASE Ill (W. 46TH ST TO W. 54" ST), Hialeah, FL Cost: $14,358,568 Completion Date: 2015 Role: General Superintendent Scope of Work: This FDOT roadway construction project consisted of the following: Reconstruction and widening of the SR 823 (NW 57th Avenue) from West 46z Street to West 541h Street; implementing multiple traffic switches to allow for construction phasing; constructing a new retaining wail which composes of steel sheet pile panels on the west side of NW 57th Avenue; installing twin 74" culverts along the west side of NW 57th avenue, sidewalks along the east side of NW 571h Avenue; installing curb and gutter on the east side of NW 57th Avenue; widening the Little River Creek Bridge; Removing trees that conflict with the installation of new drainage structures throughout the project; Installing multiple new traffic signals at street intersections; the installation of drainage and utilities; installing a new 54" water main; Installing new landscape; installing new project lighting; installing multiple concrete drill shafts; milling & resurfacing. SR 823 RED ROAD PHASE II (W. 23R0. ST. TO W. 46m. ST. ), Hialeah, FL Cost: $23,648,648 Completion Date: 2015 Role: General Superintendent Scope of Work: This FOOT Roadway Construction Project consisted of the following; Reconstruction and widening of SR B23 from West 23°d. St to West 46t . St.; implementing multiple Traffic switches to allow the construction of multiple of Roadway Phases; construction of a new retaining wall along the canal consisting of 24" x 24' x 40"-0" concrete piles, pre -cast panels between piles and pre -cast caps on top of piles and panels; installation of 2,900 L.FT. of double barrel 84" culverts; installing of curb/gutter, sidewalks, driveways along the East and West sides of N.W. 571h. Ave. Removal of trees in conflict with the new construction; installation of new drainage system and utilities; install a new 36" subaqueous water main canal; install a new 16' aerial force main supported by 18' piles concrete pile; 5 drill shafts in the canal with permanent steel casing; new mast arms along with new traffic signals along with new project lighting. PUENTE DE LAS AMERICAS, Panama City, Panama Cost: $78,824,032 Completion Date: 03/2015 Role: Senior Project Manager Scope of Work: Diagnostic analysis, design, and rehabilitation of all structural and non-structural elements of the first bridge built aver the Panama Canal in 1952. The bridge is 1 mile long and has suspension sections as well as typical steel bridge construction. Scope of work includes arms length inspection of the entire bridge to define scope and assess existing conditions, SAP modeling of bridge with field data collected, design of restoration and rehabilitation work based on field analysis. Construction scopes include removal and replacement of the existing roadway, replacement of floor beam system, restoration of infrastructure suspended below the bridge (phone, data and power serving the City of Panama), rehabilitation of the concrete piers supporting the bridge and new illumination and paint of the entire bridge. SE IC FA i rl1 !}NG. r it I cnCL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Superintendent ler T IMPROVEMENTS TO PEMBROKE ROAD, Pembroke Pines, FL Cost: $13,594,160 Completion Date: 06/2015 Role: General Superintendent Scope of Work: Scope included the furnishing of all labor, materials, equipment, services and incidentals for the construction of 0.936 miles of Pembroke Road from Silver Shores Boulevard to SW 145th Avenue, located within Broward County limits in the Cities of Miramar and Pembroke Pines. The work included the construction of a new four lane divided, urban section with signing and Pavement Marking and storm water management comprised of conveyance systems, cross drains, interconnect pipes and dry detention ponds. The project also included construction of permanent and temporary retaining walls at the approaches to the proposed bridge over Interstate 75. Additional improvements included a new traffic signal at the intersection of Pembroke Road and SW 145th Avenue and street lighting along the corridor. Additional components of the project were landscaping and irrigation. The project also included a noise wall in both the cities of Pembroke Pines and Miramar. FORESTA, Panama City, Panama Cost: $47,000,000 Completion Date: 12/2014 Role: Genera! Superintendent Scope of Work: The project entails the construction of a boulevard and an east -west road interchange of 1.53 miles including drainage systems and lighting. Also included in the project were 1.36 miles of rigid pavement, 5 miles of sidewalk, two roundabouts and a coated rain main collector. Additionally, 0.66 miles of electrical infrastructure, 1,61 miles of communication lines, and 1.32 miles of 16" ductile iron pipe for potable water were constructed. TUBERIAS, Panama City, Panama Cost: $32,030,000 Completion Date: 11/2014 Role: General Superintendent Scope of Work: This multi -phased project calls for the construction of a 15 mile long aqueduct to connect with Mercado Publico. Phase 1 of the project required the construction of the aqueduct consisting of ductile iron pipe sections of 60, 54 and 30 inches in diameter, from a water tank at Tinajitas to the public market of Panama, and a 30" diameter line feeding the city hospital. Phase 2 included the construction of connections along the Avenue Martin Sosa with via Spain: street J, del Carmen Church and St. Balboa, studies, designs and the construction of the matrix line of the aqueduct that gives continuity to the West line. MERCADO PUBLICO, Panama City, Panama Cost: $133,300,000 Completion Date: 03/2014 Role: General Superintendent Scope of Work: Development of modem infrastructure that enables the handling of food products through modem marketing systems, and regulated control processes for transport, storage, conservation, handling, sale and distribution of perishable products. The project scope required a massive earth moving operation in order to construct the limited access facility, which consisted of an aesthetically pleasing controlled access point and several buildings for refrigeration and administration, all of which maintain a unitary character by the architectural configuration and planned interiors. Each area of the facility consists of offices with independent coolers, MEPF systems, site drainage system requiring the installation of an aqueduct, sewerage and 3 mile long pluvial system with pipe diameters ranging between 3" and 60". FL TURNPIKE HOMESTEAD EXTENSION ALL ELECTRONIC TOLLING CONVERSION, Miami, FL Cost: $33, 1 02,852 Completion Date: 06/2012 Role: Superintendent Scope of Work; The proposed improvements on this project include the conversion of the southern HEFT to an All Electronic (AET) collection system. The work will include modifications to the Florida's Turnpike Enterprise fill DEW. pil l I cisrl Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Mario Cuello Su erintendent (FIE) Homestead and Bird Road mainline toll plazas and seventeen ramp toil plazas, The overall AET conversion scope includes: demolition, grading, paving, maintenance of traffic (MOT), signing and pavement markings, lighting modifications, drainage modifications, intelligent transportation system (ITS) preservation, toll plaza fiber optic connections, traffic signal modification, toll equipment structure installation, permitting, and architectural (including structural, mechanical, electrical, and plumbing). The proposed improvements on this project also include the construction of auxiliary lanes from north of SW 40th Street to south of SR 836IDolphin Expressway. The overall auxiliary lanes construction scope includes: roadway construction, paving, MOT, structural modifications, signing and pavement markings, lighting modifications, drainage modifications, and intelligent transportation system (ITS) preservation. FL SR 836 AUXILIARY LANE, Miami, FL Cost: $15,670,056 Completion Date: 07/2011 Role: Superintendent Scope of Work: This Project consisted of the widening, milling, and resurfacing of the eastbound lanes along State Road 836/Dolphin Expressway between the NW 57th Avenue exit ramp and NW 42nd Avenue/Le Jeune Road exit ramp, as well as the construction of an eastbound outside auxiliary lane for a total length of 1.70 miles. MCM's scope also included the widening of the bridges over NW 57th Avenue, C-4 Canal, and NW 45th Avenue, which required constant communication with the FM for use of cranes within the Miami International Airport flight path; the construction of retaining wall systems, and associated work including relocation/replacement of signs, tighting poles, underground utilities, drainage, upgrades to the existing inside traffic railings and intelligent Transportation System (-ITS") infrastructure, 1-95 MANAGED EXPRESS LANES, Miami, FL Cost: $ 138,600,000 Completion Date: 04/2010 Role: Superintendent Scope of Work: Project included reconstruction of the 1-95/1-195 flyovers, widening of six bridges on mainline 1- 95, and substructure modifications of the HOV Connector ramp bridge from SR 112 to 1-95. Reconstruction of the 1-95 flyovers consisted of strengthening of existing substructure through the use of a combination of micro piles, pipe pile, and pre -stressed concrete pile_ The widening of the six bridges consisted of pre -stressed concrete and pipe pile foundations. The modification to the HOV Connector required removal and new construction of the substructure in order to accommodate the widening of i-95. Drilled shaft installation was also performed for the installation of toiling and signage gantries, MIAMI BEACH SOUTH POINTE PARK, Miami Beach, FL Cost: $23226,005 Completion Date: 03/2009 Role: Superintendent Scope of Work: This project consisted of the renovation of a 19-acre park, including extensive site work, underground utilities, construction of new walk along the coastline, parking lot renovation and addition, construction of a new Pavilion, Playground and other Accessory Buildings. The scope of work also included the construction of a 13' High Serpentine Land form, water features, and improvements to Smith & Woltensky Restaurant Patio & Entrance. Additionally, this project is located in an environmentally sensitive area, which includes dealing with endangered species and delicate environments like Native Dunes. Extensive Pruning, Replanting and new Landscaping & irrigation Construction are also a main component of this job. IIPLDNG LXC iIR+Xa Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Alejandro Munilia Senior Project Manager Construction Experience 14 Years Education B.S. in Civil Engineering, Florida State University 2008 Areas ofExpertise Bridge Roadway Heavy Civil Municipal Licensing/ Certificationsaraining Registered Professional Engineer, FL#76048 Advanced M.O.T. CTOP Asphalt Paving Level 1 &2 Nuclear Gauge Safety Certified USACE Construction Management SWPPP Inspector OSHA 30-Hour Confined Spaces Training Qualified Rigger Micro station CTOP Pile Driving Inspector CTQP Earthwork Inspector Level 1 Excavation Competent Person Affiliations FOOT PE Trainee VP of Engineering Contractors Association of South FI Board Member of the Small Business Council of Miami Dade Professional Profile Summary Alejandro Munilia is a proactive, results -oriented Director of Civil Operations with 14 years of comprehensive experience in complex construction projects in the heavy civil, municipal, bridge and roadway market sectors. Alex is a graduate of Florida Slate University and is a registered professional engineer. His construction expertise comes from a variety of positions beginning as a field engineer, to the senior position of Chief Operating Officer. Mr. Munilla's experience includes estimating: CPM scheduling and analysis: project management; negotiation; and corporate Pit responsibilities. He provides overall management, direction and administration, including serving as a liaison to the Owner on all civil construction projects; he monitors overall construction activities, and establishes project objectives. policies, procedures and performance standards on all civil construction projects. Project Experience Summary Please see below projects highlighted in yellow that qualify for Project No. 42200318010 HEFT II - E8N20, Miami, FL Cost: 554,991,730 Completion Date: D212021 Role: Operations Manager Scope of Work: This project consisted of widening the HEFT mainline between SW 72nd Street & SW 40th Street to two express lanes and three general purpose lanes in each direction; and improvements to the mainline alignment between SW 56th street & Bird Road to increase the design speed. The widening of mainline HEFT involved the widening of four pairs of bridges. In addition, a replacement northbound exit ramp to SW 117th Avenue was constructed. Furthermore, the existing toll facilities were replaced with a new All Electronic Toll Gantry Structure. Bird Road was widened by one lane and SW 117th Avenue was reconfigured to make Frontage Road a one way street with limited access. E4S38 - FOOT A1A BRIDGE REHABILITATION, Port St. Lucie, FI Cost. 510,084, 740 Completion Date: 03/2020 Role: Operations Manager Scope of Work: The Improvements under this contract consist of bridge rehabilitation (Peter J. Cobb Memorial Bridge, bridge No. 940094) including scour protection, rubble riprap, gabions, bedding stone, pile repairs, fender system and spalled/delaminated concrete repairs, sidewalk, driveways, fencing, pedestrian/bicycle railing, replacing the existing Observation Walks. and Observation Walk lighting along State Road A1A for 0,585 miles over the Intracoastal Waterway in St. Lucie County. The project included the installation of approximately 1,954 LF of prestressed beams and 7,027 LF of 18" Piling. T4433 SR 842 BROWARD BLVD., Fort Lauderdale, FL Cost: $16,224,276 Completion Date: 06/2019 Role: Civil Area Manager Scope of Work: T4433 SR 842 Broward Blvd. is a $16M improvements project that consisted of construction of a temporary ACROW bridge to allowed construction of the new bridge replacement (existing North Fork River bridges No. 860284 and No. 860063 - replaced by proposed bridge No. 860675), and also including bridge deck grooving and re -planning, retaining walls, gravity walls, bulkheads, riprap, structures monitoring, earthwork. milling and resurfacing, widening, drainage improvements, fencing. landscaping, signing and pavement markings, traffic momtonng sites, overhead sign structures, lighting install, ITS / fiber optic systems, signalization, utility adjustments and Utility Work by Highway Contractor Agreement (UWHCA) along the road described as: SR 842 (Broward Blvd.), From NW 15th Ave. Easterly 1.562 Miles To SR 5 (US 1/Federal Hwy.). www.mcni us.cam Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Alejandro Munilla Senior Project Manager LAKESIDE RANCH STORMWATER TREATMENT AREA SOUTH PHASE II, Martin County, FL Cost: $34.636,700 Completion Date: 2018 Role: Civil Area Manager Scope of Work: The purpose of Lakeside Ranch STA is to treat water in order to reduce phosphorus loading to Lake Okeechobee and the Everglades. It included the construction of five treatment cells south of the Preservation Area, comprising of approximately 30,328 lineal feet of perimeter levees and 17,442 lineal feet of interior levees: a Triple Box Structure at the Outlet Canal. and a total of 9 water control structures to control the water elevations on the 2,700-acre parcel of land. STA 1W EXPANSION, West Palm Beach, FL Cost: $2,375,000 Completion Date: 0812017 Role: Civil Area Manager Scope of Work: The objective of the corrective action inversion is to reduce the site -wide copper concenlrations below the U.S. Fish and Wildlife Service's (Service) copper interim value of 85 milligrams per Kilogram (mg/Kg). The soil corrective action inversion work plan details the steps necessary for the successful implementation of the proposed corrective actions. The scope of work included: initial site preparation for soil inversion, pre -plowing site preparation, deep plow and shallow plow soil inversion. SITE 1 IMPOUNDMENT, D-525N (L-40 MODIFICATION) AND MISCELLANEOUS FEATURES, Palm Beach County, FL Cost: $47,778,910 Completion Date: 08/2015 Role: Project Manager Scope of Work: This USACE project is part of the Comprehensive Everglades Restoration Program (CERP) and includes modifications to approximately 15,400-LF of the existing D-525N Levee. Construction activities include miscellaneous demolition, vegetation clearing and grubbing, dewatering operations using sheet pile coffer cells, borrow, screening and disposal area operations, excavation and fill placement of over 750,000 CY, installation of erosion control measures that includes the placement of 60,000 CY of soil cement, turf reinforcement mats and aquatic vegetation, installation of embankment instrumentation, construction of approximately 6-acre wildlife wetland area including the installation of 36" RCP pipe and other miscellaneous embankment construction activities. SR 823 RED ROAD PHASE IV (W. 54TH ST TO W. 65TH ST AND W. 53sn TER TO W. 65TH ST), Hialeah. FL Cost: $19,788,202 Completion Date: 2017 Rote: Project Engineer Scope of Work: This roadway construction project consisted of the following: reconstruction and widening of the SR 823 (NW 57th Ave) from West 54th St. to West 65th St.; implementing multiple traffic switches to allow for construction phasing; constructing a new retaining wall which is composed of concrete sheet panels and piles along the west side of NW 571h Avenue; installing twin 72" culverts along the west side of NW 57th Avenue; removing trees that conflict with the installation of new drainage structures throughout the project; installing multiple new traffic signals at street intersections, the installation of drainage, over 4,000 LF of 54" water main; driving approximately 300 concrete precast piles & panels; installation of over 2.000 LF of precast & cast -in -place bulkhead wall concrete cap: new landscaping: new project lighting; installing multiple concrete drill shafts; milling & resurfacing. SR 823 RED ROAD PHASE III (W. 46TH ST TO W. 54TH ST), Hialeah, FL Cost: S14,358,568 Completion Date: 06/2015 Role: Cost Engineer/Field Engineer RI D '. rxc i. nNCF Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Alejandro Munilla Senior Project Manager Scope of Work: This FDOT roadway construction project consisted of the following: Reconstruction and widening of the SR 823 (NW 571h Avenue) from West 461h Street to West 54th Street; implementing multiple traffic switches to allow for construction phasing; constructing a new retaining wall which composes of steel sheet pile panels on the west side of NW 57" Avenue; installing twin 74" culverts along the west side of NW 570 avenue, sidewalks along the east side of NW 57th Avenue; Installing curb and gutter on the east side of NW 571h Avenue; widening the Little River Creek Bridge; Removing trees that conflict with the installation of new drainage structures throughout the project; Installing multiple new traffic signals at street intersections; the installation of drainage and utilities; installing a new 54" water main; installing new landscape; installing new project lighting; installing multiple concrete drill shafts; milling & resurfacing. SR 823 RED ROAD PHASE 11 (W. 23m3 ST TO W. 46T" ST), Hialeah, FL Cost: $23,648,648 Completion Date: 09/2015 Role: Cost Engineer/Field Engineer Scope of Work: This roadway construction project consisted of the following: reconstruction and widening of SR 823 (NW 57th Avenue) from West 23rd Street to West 46th Street: implementation of multiple traffc switches; construction of a channel and regulate excavators, embankment, stabilized subgrade, prepared soil layer, base and rip rap slope stabilization, new bulkhead wall (composed of concrete sheet panels and piles) along the west side of NW 57th Avenue; installation of multiple twin 84" and 72" culverts along the west side of NW 57th Avenue, sidewalks along the east side of NW 57th Avenue; installing curb and gutter on the east side of NW 57th Avenue; removal of trees that confect with the installation of new drainage structures throughout the project; installation of multiple new traffic signals at street intersections; coordination and installation of drainage and utilities, including 36" Water Main and Force Main; driving over 800 concrete precast piles: installing new landscape; installing new project lighting: installing multiple concrete drill shafts; milling and resurfacing, Earthwork and stabilization items exceed $2.27M In value. HEFT AET PHASE 1 & PHASE 2, Miami -Dade County, FL Cost: $33,019,000 Completion Date: 2012 Role: Field Engineer Scope of Work: The proposed improvements on this project include the conversion of the southern HEFT to an All Electronic (AET) collection system. The work will include modifications to the Florida's Turnpike Enterprise Homestead and Bird Road mainline toll plazas and 17 ramp toll plazas. The overall AET conversion scope includes: demolition, grading, paving, maintenance of traffic (MOT), signing and pavement markings, lighting modifications, drainage modifications, intelligent transportation system (ITS) preservation, toil plaza fiber optic connections, traffic signal modification, toll equipment structure installation, permitting, and architectural (including structural, mechanical, electrical, and plumbing). The proposed improvements also include the construction of auxiliary lanes from north of SW 40th Street to south of SR 8361Dolphin Expressway. The overall auxiliary lanes construction scope includes: roadway construction, paving, MOT, structural modifications, signing and pavement markings, fighting modifications, drainage modifications, and intelligent transportation system (ITS) preservation. 414959.1 US-192 RELIEF BRIDGES, Brevard County Cost: $9,580,000 Completion Date: 0912011 Role: Assistant FDOT Project Administrator. Coordinated with the Inspectors. Assisted with Construction Support Specialist duties such as putting together project Estimates, S.A.'s, Work Orders, Change Orders, and Claims. Scope of Work: Included construction of a Pedestrian bridge and the replacement of 3 US 192 Bridges over the Indian River. M.O.T. phasing. 405506-3 t-95 WIDENING, Brevard County Cost: $20,500,000 Completion Date: 0312011 Role: Assistant FDOT Project Administrator. Coordinated with Specialist duties such as putting together project Estimates, S the inspectors. Assisted with Construction Support .A.'s, Work Orders, Change Orders, and Claims. www.mcm"us.com RJR DN( Cxc- 1 ! FNCI Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Alejandro Munilla Senior Project Manager ler 1i Scope of Work: Included widening from 4 lanes to 6 lanes from SR 514 to N. of CR 516 (MP 12.415.16.588), resurfacing existing pavement, drainage work, structural work to 1-95 bridges and lighting work. ARRA project. 1-95 MANAGED EXPRESS LANES, Miami, FL Cost: S138,630,519 Completion Date: 2010 Role: Field Engineer Scope of Work: Project entails reconstruction of the 1-95/1-195 flyovers, widening of six bridges on mainline 1-95, and substructure modifications of the HOV Connector ramp bridge from SR 112 to 1-95. Reconstruction of the I- 95 flyovers consisted of strengthening of existing substructure through the use of a combination of micro piles, pipe pile. and pre -stressed concrete pile. The six bridge widening consisted of pre -stressed concrete and pipe pile foundations. The modification to the HOV Connector required removal and new construction of the substructure in order to accommodate the widening of 1-95. The new foundations were a combination of concrete and pipe piling. The substructure was Class IV rnass concrete which included horizontal and vertical post tensioning of the piers and caps. 2392032 SR-50 WIDENING FROM SR 436 TO SR 417, Orlando, FL Cost: $66,000,000 Completion Date: 2010 Role: P.E. Trainee Construction Phase. Worked with CE1 consultant group Cardno TOE. Assisted with daily field activities and plans overview. Scope of Work: Included widening SR 50 from 4 to 6 lanes for approximately 3 miles. An interchange that included a fly aver, MSE walls, drainage work. and resurfacing of existing pavement. MIAMI BEACH SOUTH POINTE PARK, Miami Beach, FL Cost: $23,226,005 Completion Date: 2009 Rote: Field Engineer Scope of Work: This project consisted of the renovation of a 19-acre park, including extensive site work, underground utilities, construction of new walk along the coastline, parking lot renovation and addition, construction of a new Pavilion, Playground and ether Accessory Buildings. The scope of work also included the construction of a 13' High Serpentine Land form, water features, and improvements to Smith & Wollenskv Restaurant Patio & Entrance. Additionally, this project is located in an environmentally sensitive area, which includes dealing with endangered species and delicate environments like Native Dunes. Extensive Pruning, Replanting and new Landscaping & Irrigation Construction are also a main component of this job. MIAMI INTERMODAL CENTER NW 21ST STREET IMPROVEMENTS, Miami, FL Cost: S5,316,557 Completion Date: 2009 Role: Intern Scope of Work: Roadway reconstruction of NW 21st Street from East of NW 42nd Avenue to NW 37th Avenue. Scope included storm water drainage installation, requiring lie -in to an existing 60" RCP outfall by introducing a 20TN Box Culvert Control Structure. Installation of this new drainage system required MCM to work around numerous existing utilities and adjust water & gas valve elevations due to roadway grade changes. Additionally, drainage & lighting conduit crossings on the local roadways required MCM to relocate existing utilities that were in conflict with roadway reconstruction. One of the most intricate and difficult task of the project was installing a new 42" drainage pipe above an active existing FPL duct bank, below an existing 3" gas line with an existing 6' clay sewer line and 6" water main along both sides of the new drainage pipe. MCM was able to complete the installation of all underground work without disruption to active utilities, successfully completing the project 30 days prior to the contractual date of substantial completion. www.mcm•us.com Cia;s\D-Irim RI Dry 1-xc.1ZI I ch,C; Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Alejandro Munilla Senior Project Manager sir 1.75 GOLDEN GATE PARKWAY INTERCHANGE, Collier County, FL Cost: 527,100,367 Completion Date: 09/2005 Role: Field Engineer. Assisted with bridge supervision on the interchange. Coordinated construction activities, machinery equipment and material movement. Conducted field surveys. Scope of Work: MCM self -performed the construction of three new bridges over the 1-75 Canal, the widening and renovation of the existing Golden Gate Parkway Bridge, and the installation of a sound wall and two retaining walls. Approximately 2,000 ft of 1-75 north bound and southbound and the existing roadway approaches to the interchange were also reconstructed. Upgrades of existing drainage system. lighting system and landscaping were also performed. FL SR 953 (LEJEUNE) FLYOVER, Miami, FL Cost: $ 17,858.520 Completion Date: 11/2004 Role: Intern Scope of Work: MCM self -performed work associated with the reconstruction of Le Jeune Road, between NW 36th Street and Okeechobee Road. The new construction involved replacing the existing Le Jeune Road Bridge at the Miami Canal with two al grade flat slab C!P decks on 1 B" pre -stressed pile and standard bents. Additionally, a new flyover bridge connecting Le Jeune Road northbound with Okeechobee Road westbound was built. MCM self -performed installation of all piling and structural work. The end approaches of the flyover are mechanically stabilized earth walls and the bridge portion is composed of structural steel tub girders. FLAGLER STREETSCAPE MARKETPLACE PROJECT, Miami, FL Cost: 511,783.824 Completion Date: 01/2007 Role: Intern Scope of Work: The work consisted of milling and resurfacing Ftagler Street from NW 2nd Avenue to Biscayne Blvd., the two-way conversion of the roadway including traffic light modifications, signage, pavement marking and striping, drainage system upgrades, and streetscape improvements that consisted of paver installation, new decorative street lighting, ADA ramps and landscaping. GOLDEN GATE PARKWAY OVERPASS, Naples, FL Cost: $39,229,557 Completion Date: 0812007 Rote: Intern Scope of Work: The work consisted of a 517' long bridge, with one of the longest tub girder spans in the State of Florida, and 300' of double barrel box culvert to re -divert a SFWMD Canal. In addition, two miles of Golden Gate Parkway and its associated drainage were reconstructed. This project also included the relocation of 800 feet of an active 36" raw water main, www.mcm•u5.com uii DING r*xCGL I �hY� Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Guillermo Salinas, P.E. Project Manager / Superintendent Construction Experience 8 Years Education B.S. in Civil Engineering, University of Miami 2010 M.S. in Construction Engineering, University of Florda 2012 Areas of Expertise Bridges Roadwork Marine Construction Licensing) Certifications/Training Registered Professional Engineer FL i? 81383 Employment History MCM, Miami, FL Superintendent 2018to Present MCM, Miami. FL Project Engineer 2015 to 2018 MCM, Miami, FL Field Engineer 2013to2015 New Millennium Engineering, Miami, FL Inspector 2012-2013 Professional Profile Summary Guillermo Salinas is a Superintendent with over 8 years of experience in the construction industry. His areas of expertise include projects in the heavy civil market sector, with experience with roadway and marine construction experience. Guillermo obtained an undergraduate degree in Civil Engineering from the University of Miami and a Masters degree in Construction Engineering from the University of Florida, and is a Professional Engineer. He is responsible for the overall scheduling, coordination and supervision of all field activities to ensure the successful and timely completion of the project. Some of his specific project job tasks include, coordination of all on -site functions, assisting project management in developing schedules, project standards and implementing working documents, forecasting and enforcing timely execution of work, maintaining updated as-builts and daily reports, monitoring compliance with MCM Safety Program, maintaining quality control in every aspect of the project, and assume responsibility for productivity, efficient use of materials and equipment, and contractual performance. Guillermo's professionalism and demeanor produce safe and well organized job sites where quality and cost effectiveness are optimized. Project Experience Summary Please see below projects highlighted in yellow that qualify for Project No. 42200318010 FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT TERMINAL 4 EASTERN EXPANSION, Fort Lauderdale, FL Cost: $125,900,000 Completion Date: 05f2021 Role: Superintendent Scope of Work: As part of the overall expansion of Terminal 4 al Fort Lauderdale -Hollywood International Airport, MCM completed the eastern expansion of the new Concourse G. The general scope of the project included the expansion of the new concourse that added eight (8) gates, demolition of the existing Concourse H, reconfiguration of the Security Screening Check Point (SSCP) and construction of the Broward County Aviation Department (BCAD) offices. Completion of this multi -phased expansion required close coordination with project stakeholders and contractors working on adjacent projects for the new hydrant -fueling system and apron improvements, in order to ensure minimal impacts to airport operations and the traveling public throughout construction. HEFT RI — E8N20, Miami. FL Cost: $55,991,730 Completion Date: 0212021 Role: Superintendent Scope of Work: This project consisted of widening the HEFT mainline between SW 72nd Street & SW 40th Street to two express lanes and three general purpose lanes in each direction; and improvements to the mainline alignment between SW 56th street & Bird Road to increase the design speed. The widening of mainline HEFT involved the widening of four pairs of bridges. In addition, a replacement northbound exit ramp to SW 117th Avenue was constructed. Furthermore, the existing toll facilities were replaced with a new All Electronic Toll Gantry Structure. Bird Road was widened by one lane and SW 117th Avenue was reconfigured to make Frontage Road a one way street with limited access. FDOT IRMA DISASTER RELIEF, Monroe County, FL Cost: $40,000,000 Completion Date: 0412018 Role: Project Engineer Scope of Work: MCM was awarded an emergency storm recovery contract by the Florida Department of Transportation to clean up storm debris in the lower Florida Keys between lower Sugarloaf Key to the 7 mile Bridge. MCM worked an the most affected areas by Hurricane Irma which struck Florida on September 10, 2017. The emergency recovery work consisted of collecting debris off US1 — Overseas Highway and the off - system roadways in each of the Keys within our work zone. Storm debris is collected and hauled to Debris Management Sites (DMS) for processing prior to final disposition. Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Project Manager / Superintendent C•111 DETENTION AREA, Miami. FL Cost: S10,189,363.00 Completion Date: 1012017 Role: Project Engineer Scope of Work: The C-111, Contract 8 project features consists of the construction of levees, Articulated Concrete Block Mat (ACBM) weirs. degrading an existing levee, demolition of existing structures and replacing with levee segments. Work also includes debris removal, aerial progress photography, sodding, and environmental monitoring USAGE SITE ONE IMPOUNDMENT, Palm Beach, FL Cost: S50,541,556 Completion Date: 2015 Role: Field Engineer Scope of Work: Reconstruction of approximately 15.000 LF of the existing L-40 Canal levee to in preparation of future impoundment. Construction activities include miscellaneous demolition, approximately 740 acres of clearing and grubbing. 15,000 LF of temporary sheet pile cofferdam construction, dewatering operations to maintain water elevations 2 feet below all work areas, borrow and disposal area operations, 450,000 CY of excavation, 275,000 CY of embankment, 60,0000 CY of soil cement armoring, 30 acres of turf reinforcement mat installation, 9.75 acres of articulated concrete block mat installation, instrumentation, aquatic planting.. sodding and construction of a 6.acre wildlife wetland area. US-1 REPAVING AND RESURFACING, Miami, FL Completion Date: 0612013 Role: Inspector Scope of Work: Ensure that contractor's work meets plans and specifications. Oversaw the milling, paving, and resurfacing of the roadway as well as any miscellaneous work such as pavement. curb and gutter or signalization work. FLAGLER MEMORIAL BRIDGE REPAIR, West Palm Beach, FL Cost: $ 9,400,000 Completion Date: 1012013 Role: Inspector Scope of Work: Ensure the contractor's work meets plans and specifications. Oversaw the installation of rnicropiles to the existing foundation as well as any other work deemed necessary to correct the foundation of the sinking bridge. 11111JSZA RIM Drvc I Gh„: Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Qualifications & Experience Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. :azui1uTajIi1. 11. 1[QIrt[•1• • •ll:J[a•rtt•. •l.II,:IN[• Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: W.T Sampson School Scope of Referenced Work: See Attached Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? X❑ Yes ❑ No Value of Project: $ 65.3 Million Date Completed: 01/2022 Percentage of physical construction Work self -performed by the CGC: 60 Was Project completed on time and within budget: Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: NAVFAC Southeast Reference Name/Title and Position: Sean L. Worth, Reference Phone Number AND E-mail Address: 904-775-9399, sean.l.worth.mil@mail.mil ertified General Contractor Certification of Information By signing below, I certify all information is true and corre t the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 W.T. SAMPSON SCHOOL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 WT SAMPSON SCHOOL NAVAL STATION GUANTANAMO BAY, CUBA Delivery Method Hard -Bid Owner or Agency Sean L. Worth NAVFAC Southeast Ph: (904) 775-9399 Email: sean.l.worth.mil(c�mail.mil Completion Date 01/2022 Contract Value $ 65,322,499.64 Brief Description of Work Performed This Department of Defense project slated to receive a LEED Silver Certification is located in US Naval Station Guantanamo Bay and required the construction of a temporary school, demolition of an existing education complex, and construction of a new, state of the art K-12 school to serve deployed military families stationed in Guantanamo Bay, Cuba. The multi -story educational facility with over 100,000 sq. ft. of usable area is composed of a shallow foundation, steel frame and reinforced masonry walls with decorative masonry and metal wall panel veneers. Interior construction includes exposed CMU, Level 5 Finishes, and operable glass partition walls. Roofing system is comprised of a standing seam metal roof as well modified bituminous fat roof system with a modern photovoltaic solar panel system. The site package includes road paving and a collegiate sized synthetic turf soccer field. Over $40M of the construction value was self - performed by MCM. www.mcm-us.com Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. T - F II•"" • •• •• Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: West Homestead K-8 Center Scope of Referenced Work: See Attached Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? ❑X Yes ❑ No Value of Project: $8.1 Million Date Completed: 08/2017 Percentage of physical construction Work self -performed by the CGC: 15 % Was Project completed on time and within budget: N1 Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Miami -Dade County Public Schools Reference Name/Title and Position: Raul Perez, Chief Facilities Design & Construction Officer Reference Phone Number AND E-mail Address: 305-995-1607, rperez6@dadeschools.net ertified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 WEST HOMESTEAD K-8 CENTER Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 WEST HOMESTEAD K-8 CENTER HOMESTEAD, FL Delivery Method Construction Management Owner or Agency Raul Perez, Chief Facilities Design & Construction Officer Miami -Dade County Public Schools Ph: (305) 995-1607 Email: rperez6@dadeschools.net Architect Lourdes Rodriguez, Architect Rodriguez Architects Incorporated Ph: (305) 448-3373 Email: lourdes@rodriguezarchitects.com Project Address 1550 SW 6th St, Homestead, FL 33030 Completion Date 08/2017 Contract Value $8,086,766 Brief Description of Work Performed The project consists of renovating seven existing buildings, constructing one new 18,000-sf, 1-story tilt -up panel building, and demolishing an existing building. To achieve this scope, the project requires to be phased. The scope of work inside the active buildings are required to be scheduled during off -school hours, all while constructing the new building. Phase 1 consists of starting on the new Building 08, which consists of classrooms, laboratories, and new administration offices; renovating Buildings 1, 2, and 6 (replacing/refurbishing existing HVAC system, electrical, flooring, and paint); and beginning on the site furnishings. Phase 2 consists of continuing the construction of the new Building 08; replacing the HVAC equipment in Buildings 10 and 11; completing the replacement of miscellaneous concrete sidewalks; installing playground equipment; and installing a marquee sign and a flag pole. Phase 3 consists of completing the new Building 08; once the new Building 08 is complete, demolishing existing Building 08; and resupporting existing covered walkway and concrete at the existing Building 08. Project features include new aluminum storefront windows throughout the campus, new dining shelter, new relocated lift station, and new middle school standard basketball/playground area. www.mcm-US,Com M IC M $UILDING cXCELLENCc Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Madie Ives K-8 Conversion Scope of Referenced Work: See Attached Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? [ Yes ❑ No Value of Project: $ 13.1 Million Date Completed: 12/2017 Percentage of physical construction Work self -performed by the CGC: 15 Was Project completed on time and within budget: IIX Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Miami -Dade County Public Schools Reference Name/Title and Position: Raul Perez, Chief Facilities Design & Construction Officer Reference Phone Number AND E-mail Address: 305-995-1607, rperez6@dadeschools.net Certified General Contractor Certification of Information By signing below, I certify all information is true and cor Certified General Contractor's Signature to the best of my knowledge. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MADIE IVES K-8 CONVERSION Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MADIE IVES K-8 CONVERSION MIAMI, FL Delivery Method Construction Management Owner or Agency Raul Perez, Chief Facilities Design & Construction Officer Miami -Dade County Public Schools Ph: (305) 995-1607 Email: rperez6@dadeschools.net Architect Alejandro Silva, AIA, LEED AP, Architect Silva Architects, LLC Ph: (305) 444-8262, ext. 224 Email: asilva@silvaarc.com Project Address 20770 NE 14th Ave, Miami, FL 33179 Completion Date 12/2017 Contract Value $13,123,902 Brief Description of Work Performed The project consisted of additions and renovations to the existing elementary school to convert it into a K-8 facility. It included the following features: • Construction of a new 2-story, 31,623-sf classroom building using tilt -up construction • Renovation of existing kitchen • Remodeling of two finger buildings to include new classrooms with central HVAC system, new impact windows and doors, and new dining shelter between the finger building and cafeteria • New bus drop-off area • New 84-space faculty and staff parking area • Expansion of existing faculty and staff parking lot from 76 parking spaces to 115 • New hard court • New play equipment area www.mcm-US,Com $UILDING EXCELLENCE Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: City of Doral Police Sub -Station Facility Scope of Referenced Work: See Attached. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? N1 Yes ❑ No Value of Project: $7.4 Million Date Completed: 07/2017 Percentage of physical construction Work self -performed by the CGC: 15 % Was Project completed on time and within budget: ❑X Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: City of Doral Reference Name/Title and Position: Carlos Arrollo, Director of Public Works Reference Phone Number AND E-mail Address: 305-593-6740, carlos.arrollo@cityofdoral.com Certified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 TT OP DOJtAL 61.11MTATION CITY OF DORAL POLICE SUB -STATION FACILITY Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CITY OF DORAL POLICE SUB -STATION FACILITY DORAL, FL Owner or Agency Carlos rrollo, Director of Public City of Doral Ph: (305) 593-6740 Email: carlos.arrollo@cityofdoral.com orks Architect iordy azquez, Project Manager Rodriguez & uiroga Ph: (305) 448-7417, ext. 20 Email: gvazquez@rodriguezquiroga.com Project Address 3719 N 97th ve, Doral, F 33178 Completion Date 07/2017 Contract Value $7,459,000 Brief Description of Work Performed Project Description: The City of Doral Police Substation Facility project, located in the City of Doral, Florida, consisted of a new one-story police substation building facility with a total area of approximately 12,680 SF including six offices, Community Policing Officers area, training and roll -call rooms, men s and women s restrooms, break room with an open terrace, community room, storage, IT and electrical rooms, public lobby area with a vestibule and restrooms, and an emergency generator room. The site contained sensitive landscape/vegetation, which was to be preserved (wetland), and approximately 163 parking spaces for visitors, employees and City vehicles. This centralized facility (south side of the City) focuses on community oriented policing as part of the City of Doral's commitment to serve the community more efficiently and to help improve emergency www.mcm-US,Com $UILDING EXCELLENCE Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CITY OF DORAL POLICE SUB -STATION FACILITY DORAL, FL response times for the City of Doral Police Department, ensuring continued public safety and services are provided as the City continues to grow. It houses the Departments School Resource nit, Neighborhood Resource nit, ike Squad, and K-9 nit, making it more accessible to the community. Soon after the completion of the project, a small passive park was added to the scope thanks to a public private partnership with Millenia tlantic niversity, improving the City s parks network and providing residents the opportunity to enjoy green space, recreation, and interaction with the City of Doral Police Department. 181141 Www.mcm-US,Com BUILDING EXCELLENCE} Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. T - F II•"" • •• •• Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Our Lady of Guadalupe Catholic Church Scope of Referenced Work: See attached. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? II Yes ❑ No Value of Project: $ 9.3 Million Date Completed: 12/2015 Percentage of physical construction Work self -performed by the CGC: 15 % Was Project completed on time and within budget: [N Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Archdiocese of Miami Reference Name/Title and Position: David Prada, Senior Director Reference Phone Number AND E-mail Address: 305-757-6241 , dprada@theadom.org ertified General Contractor Certification of Information By signing below, I certify all information is true a correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 OUR LADY OF GUADALUPE DORAL, FL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 OUR LADY OF GUADALUPE DORAL, FL Completion Date 12/2015 Contract Value $9,400,000 Delivery Method Design- uild Project Address 11691 N 25th St, Doral, F 33172 Owner or Agency rchdiocese of Miami David Prada, Senior Director Ph: (305) 757-6241 Email: dprada@theadom.org Brief Description of Work Performed The Project consisted of designing and building 20,000 SF, 1,200 seat church with a parish center for 200 banquet seating and associated function spaces, and 12,000 SF of parish administrative offices. This also = included in the scope the design and construction of all on and off -site improvements on this 7-acre parcel of land. WPM. COM Oti:#(*) eu LOU—X tom. Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. :azui1uTajIi1. 11. 1[QIrt[•1• • •ll:J[a•rtt•. •l.II,:IN[• Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Port Everglades Slip 2 Expansion Scope of Referenced Work: See Attached Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? IN Yes ❑ No Value of Project: $ 13.5 Million Date Completed: 07/2017 Percentage of physical construction Work self -performed by the CGC: 60 % Was Project completed on time and within budget: X❑ Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Broward County Reference Name/Title and Position: Kevin Callahan, Senior Construction Manager Reference Phone Number AND E-mail Address: 354-468-0158, kcallahan@broward.org ertified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 PORTEVERGLADESSLIP2EXPANSION BROWARD COUNTY Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 PORT EVERGLADES SLIP 2 EXPANSION BROWARD COUNTY, FL Delivery Method and id Owner or Agency Kevin Callahan Senior Construction Manager roward County Ph: (954) 468-0158 Email: kcallahan@broward.org Architect ermello jamil & Partners Ph: (305) 859-2050 Project Address 1850 Eller Dr, Fort auderdale, F 33316 Completion Date 07/2017 Contract Value $13,571,482 Brief Description of Work Performed The Slip 2 Expansion work includes, but is not limited to: construction of improvements to the existing slip 2, construction of approximately 800 F of new seawall consisting of steel sheet piles and 54 pipe piles and a new concrete bulkhead. Removal and installation of new marine fenders, and steel bollards for the port terminal. This also included the removal and demolition of the existing concrete bulkhead and seawall to allow the new construction. pon completion of the new seawall the slip birth had to be dredged to an elevation of -46.3 (N D88 -44 (mean lower low water) M ) a total of 127,000 C of dredging/excavation. long with the marine construction, the port utilities had to be updated including a new water and drainage system along with the new pavement construction. www.mCm-US,COm 1 ��C�M BUILDING EXCELLENCE Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: AIA Peter J. Cobb Bridge Scope of Referenced Work: Bridge rehabilitation including scour protection, rubble riprap, gabions, bedding stone, pie repairs, fender system and spealled/delaminated coc Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? IN Yes ❑ No Value of Project: $ 9.9 Million Date Completed: 03/2020 Percentage of physical construction Work self -performed by the CGC: 70 % Was Project completed on time and within budget: FYI Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Cardno (CEI) Reference Name/Title and Position: William Stuckey, P.E. Reference Phone Number AND E-mail Address: 407-375-3783, William.stuckey@cardno.com Certified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 E4S38 - PETER J. COBB BRIDGE PORT ST. LUCIE, FL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Completion Date 03/2020 Contract Value $9,962,507 Delivery Method ard- id Owner or Agency illiam Stuckey, P.E. Cardno (CEI) Ph: (407) 375-3783 Email: illiam.Stuckey@cardno.com Project Address Peter . Cobb ridge, Port St. ucie, F A1A PETER J. COBB BRIDGE PORT ST. LUCIE, FL Brief Description of Work Performed The Improvements under this contract consist of bridge rehabilitation (Peter . Cobb Memorial ridge, bridge No. 940094) including scour protection, rubble riprap, gabions, bedding stone, pile repairs, fender system and spalled/delaminated concrete repairs, sidewalk, driveways, fencing, pedestrian/bicycle railing, replacing the existing bservation alks, and bservation alk lighting along State Road 1 for 0.585 miles over the Intracoastal aterway in St. ucie County. The project included the installation of approximately 1,954 F of prestressed beams and 7,027 F of 18 Piling. www.ni rn-us.GOm PU LEq 4 r ? 7�. Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC):Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: St. Louis Catholic Covenant School Scope of Referenced Work: Addtion and Renovations to the 407,810 SF lot of St. Louis Catholic Covenant School. The addition consists of a new 19,286 SF Gymnasium with a 50' stage, soccer field, 98 space parking lot and 12" Watermain. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? [ Yes ❑ No Value of Project: $ 3.4 Million Date Completed: 03/2017 Percentage of physical construction Work self -performed by the CGC: 15 Was Project completed on time and within budget: Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Archdiocese of Miami Reference Name/Title and Position: David Prada, Senior Director Reference Phone Number AND E-mail Address: 954-525-5157, dprada@theadom.org Certified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ST.LOU ISCOVENANTSCHOOLAN DGYMNASI U M 7270 SW izo' ST Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ST. LOUIS COVENANT SCHOOL PINECREST, FL Delivery Method Construction Manager -at -Risk Owner or Agency David Prada, Senior Director rchdiocese of Miami Ph: (954) 525-5157 Email: dprada@theadom.org Architect ose E. lanco, rchitect lanco rchitects Ph: (305) 205-1813 Email: blancoarchitects@att.net Project Address 7270 SW 120th St, Miami, FL 33156 Completion Date 03/2017 Contract Value $3,400,000 Brief Description of Work Performed This project consist for the addition and renovations to the 407,810 SF lot of St. ouis Catholic Covenant School located in the City of Pinecrest. The addition consists of all materials, labor, equipment and services, including all civil, landscaping, structural, architectural, heating, ventilation, air conditioning, plumbing, fire protection, electrical and other miscellaneous work necessary to fully construct a new 19,286 SF gymnasium building with a 50' stage, a soccer field, a 98 space parking lot, electrical upgrade to the existing parking lot and 780 LF of new 12" M-WASAD water main. M C'M $UILDING EXCELLENCE Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Policy Number AS7-651-294199-033 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VI I. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XI I I. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXI I I. Waiver of Subrogation NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 07 13 © 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 11 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Policy Number AS7-651-294199-033 Issued by Liberty Insurance Corp. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - LIABILITY COVERAGE is amended to add: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II- LIABILITYCOVERAGE, Paragraph A.1. Who IsAn Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". AC 84 07 07 13 © 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 11 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Policy Number TB6-651-294199-023 Issued by The First Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COM M ERCIALGENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co -Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured — Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability - Railroads Item 1. Reasonable Force Exclusion a. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury' or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: LC 04 43 05 12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 9 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II - Who Is An Insured is amended to add the following: e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. (3) The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury', "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 05 12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 9 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 (5) If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; or 3. Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC 04 43 05 12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 9 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 (2) Does not apply to any person or organization for any "bodily injury', "property damage" or "personal and advertising injury' if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the "bodily injury', "property damage" or "personal and advertising injury'; (3) Applies only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury' is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the time the "bodily injury' or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury' is committed. Item 15. Blanket Additional Insured — Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury' or "property damage" included within the "products -completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury', "property damage" or "personal and advertising injury', unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury' is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV— Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Item 18. Contractual Liability — Railroads Paragraph 9. of Section V - Definitions is replaced by the following: 9. "Insured Contract" means: LC 04 43 05 12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 9 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MCM's Licenses Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL COLIT RACTOR HERE! N 15 CERTIFIED [311 DE R THE PROVISIONS OF CHAPTER 489. F LORi6A S1 A1L11 E5 MUNILLA, ALEJANDRO LUIS 31034 4201 Sit' POTH STREET PST FLOOR MI4MI FL 33143 LICENSE NUMBER: CGC2529444 1PlRATIaN DAM -AUGUST 32 2024 rarity kerne, online at MIflaidaleemeswn DR eel Art mh mcum3nr 3c awe tnrm. dbpr TNs is your Same. It Is [mtaMel toe atryahe weer nun the Ikensee to use RA damn**, a«.rs r e s,rortay STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD dbp THE UNDERGROUND UTILITY 4 EXCAVATION CO HEREIN 15 CERTIFIED LINGER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES MUNILLA, PEDRO MANUEL MOM 4201 SW �3TH ;*REST 15T FLOOR MI4MI FL 33143 LICENSE NUMBER: CUC1225697 l EXPIRATION DATE: AUGUST31,2024 MyHutaaLkcme4om De not a1er this datum.. in aiy lam our Ikense. R Is 3 13wtUI .or anytxheoU0 than the licensee ie use IRh dactmwM. Severna STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Ndan ly S. Grafi,. Sedan CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN 15 CERTIFIED UNDER THE PROVISIONS OF CHAPTER 4E9, FLORIDA STATUTES MUNILLA, PEDRO MANUEL STRONGCORE GROUP, LLC 6201 SW 70TH STREET 1ST FLOOR MIAMI FL33143 LICENSE NUMBER:CGC1530967 l EXPIRATION DATE: AUGUST 31.2024 Always verily Eeerosn Mine et Myftaaa3UreMeeare dbpr Do net alter this document In me toter This is your license. It Is ailawful for anyone other than the licensee to use this. document. Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 TB Board 1.1SIFIESS CERTIFICATE OFCMIPETEh'i:r E2000494 M.4PPLIM LOIjSTgtic T){#U afAiLtstEala, MUNILLA PE€7Ro h,i l hea under thri,pniutsien# €f CFI 1445 Man -Dade Gcur,rk Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - D6 NOT PAY 1498385 BUSINESS NAMEJLOCATIDN MCM 6201 SW 7011H ST FL SOUTH MIAMI, FL 33143-4718 OWNER MAGNUM CONSTRUCTION MANAGEMENT LLC f :lfl PF01741 M MI INIP I A (]I JAI IFIFR Wakens) 20 •l..�JLD RECEIPT NO. RENEWAL 5678355 SEC. TYPE OF BUSINESS 196 GENERAL ENGINEERING E2000494CCNTRACTOR LBT EXPIRES SEPTEMBER 30, 2024 Must fro displayed al piace of business Pursuant to County Coda Cirapt0r 2A- Art. 9 & 10 PAYMENT RECEVED BY TAX COLLECTON 75.98 09127/2623 INT-23-471235 This Local Rusi nors Tax Roceipt only cordons payment of the Local Business Tax. The Receipt N out a license. permit, or a ceftifcaeon oldie holder's quallhcatonsto do Eosinass. Heider must comply with arty gnunrnmental or noogevernmental raqul story laws and requirements which apply an the business The RECEIPT N0. Thew must ha displayed en all commercial50Metes- Miami -Dade Code Sac 8a-276. For more infuriation vivawww miami dada poem arntiemor Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NCT A 91LL -DC NDT PAY 1498385 UBUSINESS NAME/LOCATION 6201 SW 76TH ST FL SOUTH MIAMI, FL 33143-4718 Rom, NO_ RENEWAL1499385 LBT EXPIRES SEPTEMBER 30, 2024 Must be displayed el place of business Pursuant to County Cade Chapter RA - Art. 9 & 10 OWNER SEG. TYPE OF BUSINESS MAGNUM CONSTRUCTION 198 GENERAL BUILDING MANAGEMENT LLC CONTRACTOR ittrau Wolkeols) n M MNNn 29 IAI iclFu CGG1529444 PAYMENT RECENED BY TAX COLLECTOR 7590 09127/2023 INT-23-471235 Ds Local Rusi nuns Tex Receipt only contrms payreem of the Local Filminess Tax The Receipt is not a Iic0N0, permit or a ceni&u mien of the holder's pa al&c mine s, N do hominess Holder must canyly MO any Rovnrnmentnl a n one everumeetel re4ulmory laws endrequi rowelswhich applyto the business. r Bs RECEIPPN0. above must be displuye1 on ull commercial vehicles-Miami-lludn Code Sec Ra-216. For MID inimmelion, yakwww mum dada o0Wlaxcolleclor Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A RILL -DO NOT PAY 6320568 BUSINESS NAME/LOCATFON N1CM 6201 SW 70TH ST # 1 FL SOUTH MIAMI, FL 33143-4718 OWNER MAGNUM CONSTRUCTION MANAGEMENT LLC owl Oorkeols)) MANI WI20 II l A W RECEIPT no_ RENEWAL6587927 SEC. TYPE OF BUSINESS 196 SA ECIALre ENGINEERING CUC72251NTRACT LBT EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter NA - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR 75.00 09I27/2023 INT-23-471256 This Local Business Tax Receipt only SWAMIS payment of the Lend Rusinuss Tax. The Rnceipl is not a I iceose. permit or a cerfihcalion of the holder's qualifications. no do holiness Holder must comply with any governmental Rr nonq o.n.o.! regulatory laws and requirements which apply la the hominess. The RECEIPT N0. ahoye must be displayed en all commercial vehicles - Miamf-Dada Celle Sec 8a-276. Fort ura intmmati en, visityvww mi ami Jade o ovllaxrollerlor Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Certificate of Insurance Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 STRONGCORE MWIGUTOW , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 2/7/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Global LLC 900 S Pine Island Road Suite 210 Plantation, FL 33324 CONTACT AG FL Insurance Team NAME: PHONE Fax (A/c, No, Ext): (305 ) 351-9150 (A/c, No): a DDDRIEss: certsFL@americanglobal.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:The First Liberty Insurance Corporation 33588 INSURED Magnum Construction Management, LLC dba MCM 6201 SW 70th St 1st Floor Miami, FL 33143 INSURER B : Liberty Insurance Corporation 42404 INSURER C : Evanston Insurance Company 35378 INSURER D : Liberty Mutual Fire Insurance Company 23035 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X TB6-651-294199-023 9/30/2023 9/30/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG $ 4,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON-OWNEDUUON X AS7-651-294199-033 9/30/2023 9/30/2024 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per PROPERTY $ $ C X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE X MKLV2EUL105766 9/30/2023 9/30/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X WC2-651-294199-013 9/30/2023 9/30/2024 " PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RFP/Contract Number: 23-24-003 / B-17351IA, Morningside Park Baywalk, Kayak Launch, and Boat Ramp City of Miami is included as Additional Insured in accordance with the policy provisions of the General Liability, Auto Liability, and Umbrella Liability Policies. A Waiver of Subrogation is granted in favor of the Additional Insureds in accordance with the policy provisions of the Worker's Compensation Policy and if permissible by law. The Umbrella Policy follows the terms of the underlying insurance subject to and in accordance with any contrary provisions contained in the Umbrella Policy. The above referenced General Liability, Auto Liability, and Employer's Liability are scheduled underlying insurance on the Umbrella Policy. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE lr.�J ciZtGie�'1iG Jd14 2✓_s'IG/ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Grove Bay Parking Garage Scope of Referenced Work: See Attached. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? ❑X Yes ❑ No Value of Project: $ 17.6 Million Date Completed: 09/2020 Percentage of physical construction Work self -performed by the CGC: 25 % Was Project completed on time and within budget: IIX Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Miami -Dade Parking Authority Reference Name/Title and Position: Terell Reid, Director, Planning & Development Reference Phone Number AND E-mail Address: 305-373-6789, Treid@MiamiParking.com Certified General Contractor Certification of Information By signing below, I certify all information is true and cor, to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 GROVE BAY PARKING GARAGE COCONUT GROVE, FL Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Delivery Method CM @ Risk Completion Date 09/2020 Owner or Agency Miami Dade Parking Authority Terrell Reid Ph: (305) 373-6789 Email:TReid@MiamiParking.com Construction Cost $17,581,056 GROVE BAY PARKING GARAGE COCONUT GROVE, FL Brief Description of Work Performed The Grove Bay Garage project consisted of a new 4-story open garage building with retail space on the ground floor for the Miami Parking Authority in Coconut Grove, Miami. This project is part of the redevelopment of public land surrounding Miami City Hall and the adjacent marinas. The building footprint totals 169,112 sq ft with over 400 parking spaces and architectural elements throughout to commemorate the historical nature of the site location on Pan American Drive. www.mcm-us.com BUILDING EXCELLENCE Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. :azui1uTajIi1. 11. 1[QIrt[•1• • •ll:J[a•rtt•. •l.II,:IN[• Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Heft Widening from Sunset Drive to Bird Road Scope of Referenced Work: See Attached. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? [N Yes ❑ No Value of Project: $ 55 Million Date Completed: 02/2021 Percentage of physical construction Work self -performed by the CGC: 50 % Was Project completed on time and within budget: © Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: BCC Engineering Reference Name/Title and Position: William Garcia, P.E. Reference Phone Number AND E-mail Address: 305-670-2350, Wgarcia@bcceng.com ertified General Contractor Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 FL TURNPIKE HOMESTEAD EXTENSION WIDENING FROM SUNSET DRIVE TO BIRD ROAD Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 HEFT WIDENING FROM SUNSET DR. TO BIRD RD. MIAMI, FL Delivery Method Design -Build Engineer William Garcia, P.E. BCC Engineering Ph: (305) 670-2350 E-mail: Wgarcia@bcceng.com www.mcm-us,com Completion Date 02/2021 Contract Value $54,991,730.54 Brief description of work performed This project included widening mainline HEFT between SW 72nd Street & SW 40th Street for two express lanes and three general purpose lanes in each direction, plus auxiliary lanes as required. The project also included improved mainline alignment between SW 56th street & Bird Road to increase the design speed and safety. The widening of mainline HEFT involved the widening of four NB and SB bridges. The NB exit ramp is relocated with an new bridge crossing to SW 117th Avenue. The existing toll facilities were replaced with a new All Electronic Toll Gantry Structure. New ITS facilities and signingwere also added. Bird Road was widened by the addition of one lane and SW 117th Avenue was reconfigured to make Frontage Road to a one way street with limited access. Drainge, water and sewer improvements were also included as well as sound walls at certain locations. BUILDING DXCDLLDNCD Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS. WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. The Following Section to be Completed by the Certified General Contractor Name of Certified General Contractor (CGC): Magnum Construction Management, LLC d/b/a MCM The above -referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: T4433 SR 842 Broward Boulevard Scope of Referenced Work: See Attached. Did the Scope involve projects (park -related preferred) including seawalls and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last 10 years? N1 Yes ❑ No Value of Project: $ 16.2 Million Date Completed: 06/2019 Percentage of physical construction Work self -performed by the CGC: 50 Was Project completed on time and within budget: FYI Yes ❑ No If not, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: Florida Department of Transportation Reference Name/Title and Position: Yveins Jean-Pierre, Project Manager Reference Phone Number AND E-mail Address: 954-213-9340, yveins.jean-pierre@dot.state,.fl.us Certified General Contractor Certification of Information By signing below, I certify all information is true and co rect to the best of my knowledge. Certified General Contractor's Signature Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Year Completed 06/2019 Contract Price $16,224,276 Contract Time 3 Years Miami Dade County Contract? No Bonded Project? Yes Owner or Agency FOOT Yveins Jean-Pierre, Project Manager, (954) 213-9340 yveins.jean-pierre@dot.state.fl.us T4433 SR 842 BROWARD BOULEVARD FT. LAUDERDALE, FL Brief Description of Work Performed I Type of Construction T4433 SR 842 Broward Blvd. was a 16M improvements project that consisted of construction of a temporary ACROW bridge that allowed construction of the new bridge replacement (existing North Fork River bridges No. 860284 and No. 860063 - replaced by proposed bridge No. 860675), and also included bridge deck grooving and re -planning, retaining walls, gravity walls, bulkheads, riprap, structures monitoring, earthwork, milling and resurfacing, widening, drainage improvements, fencing, landscaping, signing and pavement markings, traffic monitoring sites, overhead sign structures, lighting install, ITS 1 fiber optic systems. signalization, utility adjustments and Utility Work by Highway Contractor Agreement (UWHCA) along the road described as: SR 842 (Broward Blvd.), From NW 15th Ave. Easterly 1.562 Miles To SR 5 (US 1/Federal Hwy.). Name and Address of Engineer or Architect Target Engineering Group 359 Alcazar Ave. Coral Gables, FL 33134 On Time? if not, provide details and include if liquidated damages were assessed. No. The project was substantially completed timely and the Owner had complete beneficial use on time. One of our Subcontractors had to perform re -work on the miscellaneous underground utilities. Despite the Owner having beneficial use on time, the Owner and MOM agreed to certain liquidated damages being assessed to the Subcontractor who had to perform re -work. MCM"s (Prime Contractor) full time personnel that worked on this project: Mario Cuello, Alejandro Munilla Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Year Completed 06/2019 Contract Price $16,224,276 Contract Time 3 Years Miami Dade County Contract? No Bonded Project? Yes Owner or Agency FOOT Yveins Jean-Pierre, Project Manager, (954) 213-9340 yveins.jean-pierre@dot.state.fl.us T4433 SR 842 BROWARD BOULEVARD FT. LAUDERDALE, FL Brief Description of Work Performed I Type of Construction T4433 SR 842 Broward Blvd. was a 16M improvements project that consisted of construction of a temporary ACROW bridge that allowed construction of the new bridge replacement (existing North Fork River bridges No. 860284 and No. 860063 - replaced by proposed bridge No. 860675), and also included bridge deck grooving and re -planning, retaining walls, gravity walls, bulkheads, riprap, structures monitoring, earthwork, milling and resurfacing, widening, drainage improvements, fencing, landscaping, signing and pavement markings, traffic monitoring sites, overhead sign structures, lighting install, ITS 1 fiber optic systems. signalization, utility adjustments and Utility Work by Highway Contractor Agreement (UWHCA) along the road described as: SR 842 (Broward Blvd.), From NW 15th Ave. Easterly 1.562 Miles To SR 5 (US 1/Federal Hwy.). Name and Address of Engineer or Architect Target Engineering Group 359 Alcazar Ave. Coral Gables, FL 33134 On Time? if not, provide details and include if liquidated damages were assessed. No. The project was substantially completed timely and the Owner had complete beneficial use on time. One of our Subcontractors had to perform re -work on the miscellaneous underground utilities. Despite the Owner having beneficial use on time, the Owner and MOM agreed to certain liquidated damages being assessed to the Subcontractor who had to perform re -work. MCM"s (Prime Contractor) full time personnel that worked on this project: Mario Cuello, Alejandro Munilla Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 SECTION 5 CONTRACT EXECUTION FORMS THIS Contract # ITB No. 23-24-003 made this 30t1-day of September in the year 20 24 in the amount of $16,886,344.40 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Magnum Construction Management, LLC DBA MCM, hereinafter called the "Contractor." CONTRACT EXECUTION FORM IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST A, Signature Magnum Construction Management, LLC DBA MCM, a Florida Limited Liability Company Signature Pedro M. Munilla, Vice -President & Secretary Daniel Munilla, President Print Name, Title ATTEST: CONTRACTOR Secretary (Affirm Contractor Seal, if available) ATTEST: DocuSigned by: E46D7560DCF1459... Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Print Name, Title of Authoriwci fjr� r or Official / \\',`M '/ �?o': (CORPORAfESFA[rdf*; SEAL -*' 1 9 8 3 . %,, 4 ORtID F. \\V '11/111CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Novi bv. ` 850CF6C372DD42A... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: DocuSigned by: DocuSigned by: L Fr ��� Ar t- E88248B.ySbl ((1 27395C6318214E7... 88776E9F.w. Ann Marie Sharpe, Director George K. Wysong III, City Attorney Risk Management Department Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 Project No. B-173511A DS FPI( (Matter 24-1784) ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CORPORATE RESOLUTION WHEREAS, Magnum Construction Management, LLG dba MGM , desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the President (Type Title of Officer) Daniel Munilla , is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this 2nd day of Jul , 2024 . Corp. ate Secretary (Corporate Seal) `\ • M e . • Qrp * or f� L. SEAL *\• 1983 *. ltt Morningside Park - Baywalk, Kayak Launch, and Boat Ramp-- D2 ITB No. 23-24-003 Project No. B-173511 A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Bond No.4475803 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We Magnum Construction Management, LLC dba MCM , as Principal, hereinafter called Contractor, and Markel Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of sixteen million eight hundred eighty-six thousand three hundred forty-four Dollars and forty cents ($16,886,344.40) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Contractor has by written agreement entered Into a Contract, bid/Contract ITB No. 23- 24-003, Momingside Park Baywalk, Kayak Launch, and Boat Ramp - D2, Project No. B-173511A, awarded the 30th day of May , 20 24 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract". THE CONDITION OF THIS BOND is that if Contractor: Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2, 1. Performs the Contract between Contractor and City for construction of project No. 6-173511A the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1, Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. Momingside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No, 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 FORM OF PERFORMANCE BOND (Page 2 of 2) No right of action shah accrue on this bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 8th day of WITNESSES: July ,2024. \`\\\,A ti i.9 r r�11/l' C,�tAardr@'. (Sec -tart') (CORPORATE SEAL) IN THE PRESENCE OF: SEAL * 1 983 :* Magnum Construction Management, LLC d/b/a MCM By: (Signature) (Print Name and Title) ?ram' d INSURANCE -COMPANY: Markel Insurance Company By: €. '6 ) (Agent and Attorney -In -Fact) William Grefe Griffin Address: 4521 Highwoods Parkway Morn€ngs€de Park - Baywalk. Kayak Launch, and Boat Ramp— D2 Project No. B-173511A (Street) Glen Allen, VA 23060 (City/State/Zip Code) Telephone No.: (804) 747-0136 ITB No. 23-24-003 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Bond No. 4475803 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Magnum Construction Management. LLC dba MCM , as Principal, hereinafter called Contractor, and Markel Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of sixteen million eight hundred eighty-six thousand three hundred forty-four Dollars and forty cents ($16,880,344.40) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally. WHEREAS, the Contractor has by written agreement entered into a Contract, ITB. No. 23-24-003, Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2, B-173511A, awarded the30�'day of May , 20 24 , with City which Contract Documents are by reference Incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract` THE CONDITION OF THIS BOND is that if Contractor 1. Pays City all Tosses, liquidated damages, expenses, costs, and attomey's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and supplies used directly or indirectly by Contractor in the performance of the Contract. THEN CONTRACTOR'S OBUGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privily with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, fumish to Contractor a notice that he Intends to took to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. Momingside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 !TB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 8th day of July WITNESSES: ,��«s�i+rrrri ..0 M,,./ Q�par _ SEAL By: 31 � (Signature) 9 8 , 20 24 Magnum Construction Mangaement, LLC d/b/a MCM (Secr=tary) (CORPORATE SEAL) IN THE PRESENCE OF: F-L O RIU I \\\-•, 111110 - By: (Name of Corporation) (PieS1diAa- (Print Name and Title) INSURANCE COMPANY: MarkeHnsur rice-ompany ll (Agent and Attom y-in-Fact) William Grefe Griffin Address: 4521 Highwoods Parkway (Street) Glen Allen, VA 23060 (City/State/Zip Code) Telephone No.: (804) 747-0136 Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 IT8 No. 23-24-003 Project No. 8-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CERTIFICATE AS TO CORPORATE PRINCIPAL I, %clic ► vl. 1 L l i0. , certify that 1 am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that IDcv,, zi�tn,j�� , who signed the Bond(s) on behalf of the Principal, was then "?fe"s'i dui %i of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secret ry (on behalf of) `Lv3.na'N.N L. V i t .%1 F 1 Angol Corporation STATE OF CIMa tiA ) COUNTY OF tyvj'i pautA ) * _ Before me, a Notary Public duly commissioned, qualified and acting personally, appeared t..a.110 (A ri\vv\ iL. to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and sworn to before me this r day of "17 , 20 My commission ex s: Of it, 1Zoz Notary Public, State of- at Large Bonded by N {`iIli Ord Noi-4.11t s - . :{isr a MARIA GUADARRAMA Notary Public - State of Florida Commission A NH 300102 ?as .. My Comm. Expires Aug 11, 2026 Bonded through National Notary Assn. Morningside Park - Baywalk, Kayak Launch, and Boat Ramp— D2 ITB No. 23-24-003 Project No. B-173511A Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 POA# 910124 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the ''Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: William Grefe Griffin Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: In UnNnilted Amounts This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, ail bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 14th day of February , 2024 . SureTec Insurance Company BY: Michael C. Keimig, Presiden State of Texas County of Harris: mpany gs, Vice President On this 14th day of February , 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personaily known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. INTESTIMONY WHEREOF, I have hereunto set my hand, and affbced my Official Seal at the County of Harris, the day and year first above written. XENIA RIVAS ��P `A' Notary Public State of Texas f :o,i. i' {i�4 ` Commission # 129117659 '` °` ` Commission Expires 9/10/24 -„i By: Xe i as, No Public My commission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still In full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 8th day of July 2024 By: M. Brent Beaty, Assista t Secretary Any Instrument Issued in excess of the penalty stated above is totally void and without anyvalidity. 910124 For verification of the authority d this Power you may call (7131812-0800 on any business day between 830AM and 5:00 PM CST. arkesurance Company Assls Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 From: Gomez Jr., Francisco (Frankl To: Caseres, Luis; Quevedo, Terry; Aviles. Yesenia Subject: RE: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp - Project No. B-173511A - Contract Execution Forms Date: Thursday, July 11, 2024 3:23:08 PM Attachments: image002.pnq image004.pnq image011.pnq image013.pnq image015.pnq image018.pnq image019.pnq image020.pnq image021.pnq image022.pnq Hello Luis The bond is ade uate Thanks Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305) 416-176o Fax fgomez@a miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, July 11, 2024 3:22 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp - Project Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 STRONGCORE MWIGUTOW , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 7/8/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Global LLC 900 S Pine Island Road Suite 210 Plantation, FL 33324 CONTACT AG FL Insurance Team NAME: PHONE Fax (A/c, No, Ext): (305 ) 351-9150 (A/c, No): a DDDRIEss: certsFL@americanglobal.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:The First Liberty Insurance Corporation 33588 INSURED Magnum Construction Management, LLC dba MCM 6201 SW 70th St 1st Floor Miami, FL 33143 INSURER B : Liberty Insurance Corporation 42404 INSURER C : Evanston Insurance Company 35378 INSURER D : Liberty Mutual Fire Insurance Company 23035 INSURER E : Gotham Insurance Company 25569 INSURER F : Homesite Insurance Company of Florida 11156 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X TB6-651-294199-023 9/30/2023 9/30/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG $ 4,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON-OWNEDUUON X AS7-651-294199-033 9/30/2023 9/30/2024 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per PROPERTY $ $ C X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE MKLV2EUL105766 9/30/2023 9/30/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A WC2-651-294199-013 9/30/2023 9/30/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E F Excess Liab. (Auto) Excess Liab. (GL&EL) EX202300004100 CXP-031134-00 9/30/2023 3/8/2024 9/30/2024 9/30/2024 Per Occ. /Agg. Per Occ. / Agg. 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Miami is included as additonal insured in accordance with the policy provisions of the General Liabil ty and Auto Liability Policies. Contractual Liability applies to the General Liability Policy in accordance with the policy provisions. General Liability Policy evidenced herein is Primary Noncontributory to other insurance available to the Additional Insureds, but only in accordance with the Policy Provisions. There are no exclusions for explosion, collapse & underground (XCU) in accordance with the policy provisions of the General Liability Policy. There are no exclusions for subcontracted work in accordance with the policy provisions of the General Liability Policy. CERTIFICATE HOLDER CANCELLATION The CityOf Miami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 444 SW 2nd Avenue Miami, FL 33130 AUTHORIZED REPRESENTATIVE lr.�J e,teel zs� JWC uG 2✓s IG/ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Sagesse, Max From: Gomez Jr., Francisco (Frank) Sent: Tuesday, July 9, 2024 6:34 AM To: Pedro "Pete" M. Munilla; Sagesse, Max Cc: Hansen, Anthony; Ng, Keith; Alejandro L. Munilla, P.E.; Quevedo, Terry; Daniel F. Munilla Subject: RE: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp - Project No. B-173511A - Contract Execution Forms Good morning All, The COI is acceptable to Risk. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Pedro "Pete" M. Munilla <pete@mcm-us.com> Sent: Monday, July 8, 2024 5:21 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Sagesse, Max <msagesse@miamigov.com> Cc: Hansen, Anthony <AMHansen@miamigov.com>; Ng, Keith <KeithNg@miamigov.com>; Alejandro L. Munilla, P.E. <amunilla@mcm-us.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Daniel F. Munilla <dmunilla@mcm-us.com> Subject: RE: ITB No. 23-24-003 Morningside Park Baywalk, Kayak Launch, and Boat Ramp - Project No. B-173511A - Contract Execution Forms CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager FRS. Annie Perez, CPPO Chief Procurement Officer/Director Department of Procurement (--Docusigned by: 4 89540EB73CAC468... DATE: May 30, 2024 Fll SUBJECT: Recommendation for Award of Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2, Project No. B-173511A REFERENCES: ITB No. 23-24-003 ENCLOSURES: Bid Security List, Contractor's Price Proposal RECOMMENDATION: Based on the findings below, the City of Miami ("City") Department of Procurement ("Procurement") hereby recommends that the referenced contract be awarded, on a phased basis, to Magnum Construction Management, LLC dba MCM. ("MCM"), the sole responsive and responsible Bidder, for ITB No. 23-24- 003, Morningside Park Baywalk, Kayak Launch, and Boat Ramp - D2, Project No. B-173511A ("Project"). BACKGROUND: On January 25, 2024, Procurement issued a solicitation under full and open competition to obtain bids from qualified firms. On March 4, 2024, Procurement received one (1) bid in response to the solicitation (see attached Bid Security List). Pursuant to the solicitation, Bidders were required to have 1) a current Certified General Contractor ("CGC") license from the State of Florida AND have a minimum of five (5) years' experience under its current business name; 2) experience as the Prime Contractor for at least two (2) projects, park -related preferred, to include seawall and/or baywalk components of comparable scope, scale, and complexity to the Project, completed within the last ten (10) years. The General Contractor must have a proven track record of coordination with and between all applicable trades, including but not limited to, structural, mechanical, plumbing, marine and coastal, and electrical components as it may be required during the construction of the Project; and 3) the submitted reference projects had to demonstrate that i) the CGC was the General Contractor for the project; and ii) the CGC self -performed at least thirty percent (30%) of the physical labor construction work for the project. FINDINGS: Procurement conducted due diligence on the bid received, following the guidelines published in the solicitation. As a result of such effort, the sole bidder, MCM, was deemed responsive and compliant with the Minimum Requirements stipulated in the "Notice to Contractors," and demonstrated the required prior experience in projects of comparable scope, scale, and complexity similar to the future Project. Accordingly, MCM was deemed the sole responsive and responsible Bidder. The City's Office of Capital Improvements ("OCI") reviewed and evaluated MCM's bid, and compared it to Curtis & Rogers Design Studio, Inc's ("Curtis & Rogers") construction cost estimate. OCI and Curtis & Rogers determined that MCM's bid was approximately 7% lower than the probable construction cost estimate. OCI decided to award the contract in phases and needed a revised bid sheet. Procurement, Curtis & Rogers, and OCI agreed to hold a Negotiation Meeting with MCM on March 25, 2024. Successful discussions were conducted, and a mutually beneficial agreement was reached on April 9, 2024. Subsequently, Procurement requested confirmation from OCI to award a contract to MCM, the sole responsive and responsible Bidder. However, OCI was unable to secure full funding for this Project. PR24110 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Page 2 - Recommendation of Award of ITB No. 23-24-003, Morningside Park Baywalk, Kayak Launch, Boat Ramp Arthur Noriega V, City Manager As a result, on April 26, 2024, OCI requested Procurement not to move forward with awarding a contract under this solicitation. Based on the above findings, and in the best interest of the City, the sole bid from MCM was officially rejected by the City on May 1, 2024, until such time full funding may become available. On or about May 17, 2024, and subsequent to discussions at the highest levels of the Administration, including OCI, the Office of Management and Budget (OMB), and the Department of Parks and Recreation, a commitment was made to secure full funding for the Project. Therefore, the rejection of MCM's bid was rescinded on May 20, 2024. Consequently, OCI recommended awarding the Project to MCM, on a phased basis. Based on the above findings, Procurement hereby recommends that the Project be awarded to MCM as shown below: MAGNUM CONSTRUCTION MANAGEMENT, LLC DBA MCM. BID ITEMS BID ITEMS VALUES Total Lump Sum Bid Phase I $11,664,661.25 Ten Percent (10%) Owner's Contingency $1,166,466.13 Mobilization and Permits Phase I $978,617.22 Construction Subtotal Bid Phase I $13,809,744.60 Total Lump Sum Bid Phase II $2,613,459.00 Ten Percent (10%) Owner's Contingency $261,345.90 Mobilization and Permits Phase II $201,794.90 Construction Subtotal Bid Phase II $3,076,599.80 TOTAL CONTRACT AWARD VALUE $16,886,344.40 CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute a contract with MCM. Pursuant to Resolution No. R-24-0002, approved by the City Commission on January 11, 2024, amending Section 18-117 of the City Code, "Economic Stimulus Awards and Agreements," the City Manager has delegated authority to award this contract and execute the ensuing agreement. The total contract value at award is $11,664,661.25 for the Scope of Work, plus an Owner's Contingency Allowance in the amount of $1,166,466.13, plus Mobilization & Permits in the amount of $978,617.22, for Phase I, and an amount of $2,613,459.00 for the Scope of Work, plus an Owner's Contingency Allowance in the amount of $261,345.90, plus Mobilization & Permits in the amount of $201,794.90, for Phase II, for a total contract award value of $16,886,344.40. Upon completion of Phase I, authorization to proceed with Phase II will be given upon verification of full funding provided by the OMB. Your signature below indicates your approval of Procurement's recommendation. p—DocuSigned by: artLutr A./twit-ye, 85 3�o Approved: Arthur Noriega V, City Manager Date: June 14, 2024 1 08:17:26 EDT c: Natasha Colebrook -Williams, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Asael "Ace" Marrero, AIA, Assistant City Manager, Chief of Infrastructure Pablo R. Velez, Sr. Assistant City Attorney Christopher S. Evans, Director, Department of Parks and Recreation Hector Badia, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR24110 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 MORNINGSIDE PARK WATERFRONT IMPROVEMENTS PROJECT BID SUMMARY SHEET PHASE I & PHASE II PHASE I - BAYWALK ITEM DESCRIPTION Bid Quantity Unit UNIT COST SUBTOTAL COMMENT 1 CLEARING AND GRUBBING SITE 7.3 ACRE $ 83,790.00 $ 615,018.60 2 SEDIMENT CONTROL TYPE 111(18" POND PROTECTION) 100.0 LF $ 5.30 $ 530.00 3 SEDIMENT CONTROL TYPE IV (6' PARK PROTECTION) 2,340.0 LF $ 8.30 $ 19,422.00 MCM Quantity 4 TEMPORARY 6-FT CONSTRUCTION CHAINLINK FENCE 2,340.0 LF $ 12.00 $ 28,080.00 MCM Quantity 5 TEMP. 6' CONSTRUCTION FENCE GATES (12' OPENING) 5.0 EA $ 2,850.00 $ 14,250.00 6 SEDIMENT CONTROL INLET (CATCH BASIN) 1.0 EA $ 12,000.00 $ 12,000.00 7 SEDIMENT CONTROL INLET (RAMP) 104.0 LF $ 338.00 $ 35,152.00 8 SEDIMENT BASIN/CONTAINMENT SYSTEM (ENTRANCE) 6.0 EA $ 4,610.00 $ 27,660.00 MCM Quantity 9 SEDIMENT BASIN/CONTAINMENT SYSTEM WASHOUT 4.0 EA $ 4,260.00 $ 17,040.00 10 FLOATING TURBIDITY BARRIER 2,059.0 LF $ 66.50 $ 136,923.50 MCM Quantity 11 REMOVAL OF SINGLE POST SIGN 31.0 EA $ 128.00 $ 3,968.00 MCM Quantity 12 REMOVAL 8" SANITARY LATERAL 2,190.0 LF $ 35.50 $ 77,745.00 MCM Quantity 13 REMOVAL 8" SANITARY MH 10.0 EA $ 1,510.00 $ 15,100.00 MCM Quantity 14 REMOVAL 6" CONC. CURBS 57.0 LF $ 14.50 $ 826.50 15 RMV & SALVG SECURITY DBL GATE (ALUM.TUBE) 2.0 EA $ 1,790.00 $ 3,580.00 16 RE -INSTALL SECURITY DBL GATE (ALUMINUM TUBE) 2.0 EA $ 2,980.00 $ 5,960.00 17 BORROW EXCAVATION 138.0 CY $ 10.50 $ 1,449.00 18 REMOVAL OF TREES AND STUMPS 11.0 EA $ 0.01 $ 0.11 19 REMOVAL OF PALMS 25.0 EA $ 0.01 $ 0.25 20 RELOCATION OF TREES 7.0 EA $ 5,450.00 $ 38,150.00 21 RELOCATION OF PALMS 25.0 EA $ 1,530.00 $ 38,250.00 22 BULKHEAD SHEET PILE WALL 42,000.0 SF $ 54.50 $ 2,289,000.00 MCM Quantity 23 BULKHEAD CONC. CAP @ +6.50 NAVD 450.0 CY $ 2,290.00 $ 1,030,500.00 MCM Quantity 24 SAFETY ZONE-3' DETECTBL RIVR ROCK BANDS 480.0 SY $ 156.00 $ 74,880.00 MCM Quantity 25 RETAINING 3' HEIGHT CONC. WALL AROUND BOATHOUSE 11.0 CY $ 2,060.00 $ 22,660.00 MCM Quantity 26 GEOTEXTILE NON-WOOVEN FABRIC 14,000.0 SY $ 16.50 $ 231,000.00 MCM Quantity 27 SUPER PAVE ASPHALT TRAFFIC C (2" SP 9.5) 907.0 TN $ 311.00 $ 282,077.00 28 FC TRAFFIC C (1" FC 12.5) BOAT RAMP ONLY 57.0 TN $ 463.00 $ 26,391.00 29 REWORK LIMEROCK BASE 4" (PED. PATH) 1,443.0 SY $ 23.50 $ 33,910.50 30 ROAD,DRVWY,PARKING LOT 8" COMPACTED LBR 8,650.0 SY $ 34.00 $ 294,100.00 MCM Quantity 31 ROAD,DRVWY,PARKING LOT 12" STAB. SUBGR. (CBR 30) 7,533.0 SY $ 8.50 $ 64,030.50 32 PED.ACCESS-CONC SALT ROCK FINISH(10"REINF.CONC&BAS 180.0 SY $ 209.00 $ 37,620.00 33 PED.ACCESS-CONC SALT ROCK FINISH(6"CONC.&BASE 2,020.0 SY $ 101.00 $ 204,020.00 MCM Quantity 34 15 FT WIDE BAYWALK STAB BASE (8" GEOWEB) 3,100.0 SY $ 52.50 $ 162,750.00 35 15 FT WIDE BAYWALK STAB BASE (3" #57, 4" #4) 910.0 TN $ 87.00 $ 79,170.00 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 36 15 FT WIDE BAYWALK STAB BASE (2-IN OF PEAGRAVEL) 260.0 TN $ 95.00 $ 24,700.00 37 2" CRUSHD SHELL SAND MIX TOP(COQUINA SAND 50/50) 499.0 TN $ 136.00 $ 67,864.00 38 15 FT WIDE BAYWALK AGGREGATE FILL (#1 STONE) 3,800.0 TN $ 93.00 $ 353,400.00 39 BAYWALK 6" X 9" FLUSHED CONC CURB (W2#4) 4,297.0 LF $ 43.50 $ 186,919.50 40 BAYWALK 9" X 12" FLUSHED CONC CURB (W/2#4) 100.0 LF $ 63.50 $ 6,350.00 41 6" TYPE D CURB (INCL'G REINF.) 1,185.0 LF $ 33.50 $ 39,697.50 MCM Quantity 42 BAYWALK ACCENT OOLITE PAVER AREAS 2,998.0 SF $ 12.50 $ 37,475.00 43 24-INCH POLLUTION RETARDANT BAFFLE 22.0 EA $ 1,660.00 $ 36,520.00 MCM Quantity 44 DRAINAGE: D-4 CONC. MH AND CATCH BASIN 38.0 EA $ 8,280.00 $ 314,640.00 MCM Quantity 45 DRAINAGE: 24" NYOPLAST DRAIN BASINS 22.0 EA $ 6,000.00 $ 132,000.00 MCM Quantity 46 DRAINAGE: 12" NYOPLAST INLINE DRAINS 40.0 EA $ 3,830.00 $ 153,200.00 MCM Quantity 47 DRAINAGE: 12" HDPE PIPE 887.0 LF $ 131.00 $ 116,197.00 MCM Quantity 48 DRAINAGE: 18" HDPE PIPE 875.0 LF $ 180.00 $ 157,500.00 MCM Quantity 49 DRAINAGE: EXFILTRATION TRENCH < 10 FT DEEP 1,677.0 LF $ 192.00 $ 321,984.00 MCM Quantity 50 DRAINAGE: EXFILTRATION TRENCH >10 FT DEEP 1,610.0 LF $ 277.00 $ 445,970.00 MCM Quantity 51 ROOT BARRIER-24"H.(BAYWALK EXF. TRENCH PROTECTION) 2,884.0 LF $ 30.50 $ 87,962.00 52 CONC SLABS FOR BENCHES BIKES -SALT ROCK FINISH 335.0 SY $ 103.00 $ 34,505.00 MCM Quantity 53 NET LAND FILL 17,740.0 TN $ 20.50 $ 363,670.00 MCM Quantity 54 PRE -CAST CONC. WHEEL STOPS (INC'G.DOWELS) 50.0 EA $ 131.00 $ 6,550.00 MCM Quantity 55 6 INCH SOLID WHITE STRIPPING -THERMOPLASTIC 1,720.0 LF $ 11.00 $ 18,920.00 MCM Quantity 56 24 INCH WHITE STRIPPING -THERMOPLASTIC 150.0 LF $ 11.00 $ 1,650.00 MCM Quantity 57 WHITE ARROW MARKING -THERMOPLASTIC 13.0 EA $ 11.00 $ 143.00 MCM Quantity 58 FINE GRADING 32,293.0 SY $ 7.90 $ 255,114.70 59 PERIMETER FENCE WITH DOORS AT PARK ENTRY 165.0 LF $ 59.50 $ 9,817.50 MCM Quantity 60 SOD 124,700.0 SF $ 0.10 $ 12,940.00 MCM Quantity 61 NATIVE GRASSES 1,000.0 EA $ 4.80 $ 4,800.00 62 CLEARING AND GRUBBING SITE 1.7 ACRE $ 44,000.00 $ 73,040.00 63 SEDIMENT CONTROL TYPE 111(18" SHORE PROTECTION) 22,735.0 LF $ 4.40 $ 100,034.00 64 REMOVAL OF LIGHTING POLES 22.0 EA $ 3,110.00 $ 68,420.00 MCM Quantity 65 REMOVAL ELEC. PULL BOX (COMPLETE) 14.0 EA $ 3,110.00 $ 43,540.00 66 REMOVAL OF SITE FURNITURE&EQUIPMENT (BENCHES) 19.0 EA $ 176.00 $ 3,344.00 MCM Quantity 67 DEMOLITION OF ROAD - REMOVAL OF 2" ASPHALT 8,200.0 SY $ 6.50 $ 53,300.00 MCM Quantity 68 DEMOLITION OF PAVED PATH 1,900.0 SY $ 10.50 $ 19,950.00 MCM Quantity 69 WOOD BOLLARD 566.0 EA $ 45.00 $ 25,470.00 MCM Quantity 70 REMOVAL OF EXISTING METAL GUARD RAIL 65.0 LF $ 7.30 $ 474.50 71 FENCE - REMOVAL OF PERIMETER FENCE 185.0 LF $ 4.80 $ 888.00 MCM Quantity 72 REMOVAL OF TREES AND STUMPS 22.0 EA $ 0.01 $ 0.22 MCM Quantity 73 REMOVAL OF PALMS 7.0 EA $ 0.01 $ 0.07 MCM Quantity 74 RELOCATION OF TREES 4.0 EA $ 5,360.00 $ 21,440.00 MCM Quantity 75 RELOCATION OF PALMS 37.0 EA $ 3,780.00 $ 139,860.00 MCM Quantity 76 STABILIZED SOFT TRAIL (AGREGATE ON PATH) 913.0 CY $ 130.00 $ 118,690.00 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 77 GEOWEB AREA FOR THE STAB. TRAIL 1.0 LS $ 100,000.00 $ 100,000.00 78 OOLITE GARDEN:NATRAL STONE SLAB12"OOLITE 1,910.0 SF $ 72.00 $ 137,520.00 MCM Quantity 79 OOLITE GARDEN: 8-INCH STONE BED 190.0 TN $ 279.00 $ 53,010.00 MCM Quantity 80 OOLITE GARDEN: LANDWARD 2-3' STONE REVTMNT 300.0 TN $ 169.00 $ 50,700.00 MCM Quantity 81 OOLITE GARDEN: BESE REEF PASTE-1 KG BAG 11.0 EA $ 845.00 $ 9,295.00 82 VIEWING OUTLOOK AREAS/LIMESTONE AGGREGATE 36.0 CY $ 193.00 $ 6,948.00 83 OOLITE/LIMESTONE STEP PLANKS -ROUGH FINISH 3'X3'X2. 360.0 EA $ 885.00 $ 318,600.00 84 OOLITE/LIMESTONE STEP PLANKS -ROUGH FINISH 3'X3'X2. 50.0 EA $ 745.00 $ 37,250.00 85 FILL 7,600.0 TN $ 24.00 $ 182,400.00 MCM Quantity 86 FINE GRADING 11,400.0 SY $ 9.70 $ 110,580.00 87 PERIMETER FENCE WITH DOORS AT PARK ENTRY 65.0 LF $ 12.00 $ 780.00 117 TEMP BARRICADES 540.0 DA $ 59.50 $ 32,130.00 New Item 118 SEDIMENT CONTROL BARRIER 1,745.0 LF $ 20.00 $ 34,900.00 New Item 119 3' SILT FENCE 2,306.0 LF $ 5.30 $ 12,221.80 New Item 120 REMOVAL GUARD RAIL 66.0 LF $ 37.50 $ 2,475.00 New Item 121 FURNISH & INSTALL NEW 21' GATE 1.0 EA $ 11,900.00 $ 11,900.00 New Item 122 PREFAB CONCRETE SLABS 825.0 SF $ 148.00 $ 122,100.00 New Item 123 ROCK FOR HYBRID SHORELINE TIDAL AREA 200.0 SY $ 41.00 $ 8,200.00 New Item 124 WORK AT VIEWING AREA 475.0 SY $ 47.50 $ 22,562.50 New Item 125 18-INCH POLLUTION RETARDANT BAFFLE 3.0 EA $ 1,510.00 $ 4,530.00 New Item 126 DRAINAGE: 8" PVC 73.0 LF $ 104.00 $ 7,592.00 New Item 127 DRAINAGE: 15" HDPE PIPE 100.0 LF $ 295.00 $ 29,500.00 New Item 128 DRAINAGE: 24" HDPE PIPE 182.0 LF $ 222.00 $ 40,404.00 New Item 129 12" TRENCH DRAIN 218.0 LF $ 735.00 $ 160,230.00 New Item 130 PARKING SIGNS 29.0 EA $ 927.00 $ 26,883.00 New Item 131 RUMBLE STRIPS (SETS OF 4) 6.0 EA $ 1,790.00 $ 10,740.00 New Item 132 GALVANIZED ALUMINUM RAILING @ STEPS (2 EA) 24.0 LF $ 119.00 $ 2,856.00 New Item 133 HARMONIZATION 4,800.0 LF $ 5.90 $ 28,320.00 New Item 134 VIBRATION MONITORING 1.0 LS $ 29,800.00 $ 29,800.00 New Item 135 WORK AT OUTFALL CROSSINGS 4.0 EA $ 11,300.00 $ 45,200.00 New Item 136 FURNISH AND INSTALL 6" STEEL BOLLARDS 44.0 EA $ 1,470.00 $ 64,680.00 New Item 137 OOLITE CURB (8" X 12" X ??) 3,600.0 LF $ 49.50 $ 178,200.00 New Item CONSTRUCTION TOTAL FOR PHASE I $ 11,664,661.25 88 GENERAL CONDITIONS - MOBILIZATION 1.0 LS $ 790,717.22 $ 790,717.22 89 GENERAL CONDITIONS - PERMITS 1.0 LS $ 187,900.00 $ 187,900.00 90 GENERAL CONDITIONS - CONTINGENCY - 10% OF CONSTRUCTION SUBTOTAL 1.0 LS $ 1,166,466.13 $ 1,166,466.13 CONSTRUCTION TOTAL FOR PHASE I $ 13,809,744.60 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 PHASE II - LANDSCAPING 91 EXIST. KAYAK LAUNCH AREA ENHANCEMNT W/2"PEA GRVL 33.0 TN $ 133.00 $ 4,389.00 92 EXISTING KAYAK - MOBI MAT (10'X33') 1.0 EA $ 7,540.00 $ 7,540.00 93 EXISTING KAYAK - MOBI MAT (10'X50') 2.0 EA $ 7,000.00 $ 14,000.00 94 OOLITE/LIMESTONE BENCHES/ROUGH FINISH 6'X3'X2.5' T 30.0 EA $ 1,500.00 $ 45,000.00 95 PICNICTABLES(GRETCHEN BY LANDSCAPE FORMS) 17.0 EA $ 4,500.00 $ 76,500.00 MCM Quantity 96 CHASE PARK TRASH RECEPTACLES-LANSCAPE FORMS 10.0 EA $ 3,000.00 $ 30,000.00 97 WATER FOUNTAIN STATIONS WITH PET FOUNTAIN 1.0 EA $ 10,000.00 $ 10,000.00 98 PET STATIONS 4.0 EA $ 1,500.00 $ 6,000.00 99 OOLITTE/LIMESTONE BENCHES/ROUGH FINISH 6'X3'X2.5' 20.0 EA $ 2,200.00 $ 44,000.00 100 NEOLIVIANO BACKED BENCHES - LANDSCAPE FORMS 34.0 EA $ 2,700.00 $ 91,800.00 MCM Quantity 101 CHASE PARK TRASH RECEPTACLES - LANSCAPE FORMS 17.0 EA $ 3,660.00 $ 62,220.00 MCM Quantity 102 WATER FOUNTAIN STATIONS WITH PET FOUNTAIN 1.0 EA $ 16,200.00 $ 16,200.00 103 PET STATIONS 12.0 EA $ 1,970.00 $ 23,640.00 MCM Quantity 104 BIKE RACKS 4.0 EA $ 2,380.00 $ 9,520.00 MCM Quantity 105 SOLAR LIGHT-BAYWALK - 50 FEET OC 40.0 EA $ 2,900.00 $ 116,000.00 106 SOLAR LIGHT-PED. PATHWAYS WEST OF BULKHEAD 50' OC 45.0 EA $ 2,900.00 $ 130,500.00 107 SOLAR MARKERS AND SAFETY ZONE - 25' OC 35.0 EA $ 2,900.00 $ 101,500.00 108 18" OUTFALL MANATEE GRATE 1.0 EA $ 7,160.00 $ 7,160.00 109 24" OUTFALL MANATEE GRATE 1.0 EA $ 7,690.00 $ 7,690.00 110 96" OUTFALL MANATEE GRATE 1.0 EA $ 30,000.00 $ 30,000.00 111 42" OUTFALL MANATEE GRATE 1.0 EA $ 11,600.00 $ 11,600.00 112 LANDSCAPING 1.0 LS $ 1,250,000.00 $ 1,250,000.00 113 BAYWALK 8" GEOWEB 1.0 LS $ 315,700.00 $ 315,700.00 138 IRRIGATION 1.0 LS $ 150,000.00 $ 150,000.00 New Item 139 NEW RAISED BEACH VOLLEYBALL CRT(18" BEACH SAND) 300.0 TN $ 175.00 $ 52,500.00 New Item CONSTRUCTION TOTAL FOR PHASE II $ 2,613,459.00 114 GENERAL CONDITIONS - MOBILIZATION 1.0 LS $ 129,494.90 $ 129,494.90 115 GENERAL CONDITIONS - PERMITS 1.0 LS $ 72,300.00 $ 72,300.00 116 GENERAL CONDITIONS - CONTINGENCY - 10% OF CONSTRUCTION SUBTOTAL 1.0 LS $ 261,345.90 $ 261,345.90 CONSTRUCTION TOTAL FOR PHASE II $ 3,076,599.80 CONSTRUCTION GRAND TOTAL (PHASE I & II) $ 16,886,344.40 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Ii1(ffitu of glint ADDENDUM N Fe a 0 Invitation to Bid No. 23-24-003 MORNINGSIDE PARK BAYWALK, KAYAK LAUNCH, AND BOAT RAMP - D2 PROJECT No. B-173511A TO ALL PROSPECTIVE BIDDERS The following changes additions clarifications and/or deletions amend the above -captioned Invitation to Bid ( ITB) and shall become an integral part of the bid submitted and the Contract to be executed for ITB N 00 M n n e Pa Ba a Ka a La nch an B at Ram D P ect N B A (the Pro ect) The remaining provisions are now in effect and remain unchanged Please note the contents herein and affix it to the documents you have on hand A attachment an a e a a a e n the c tat n Pe c e S G e a e an a e a t th A en m It is the sole responsibility of all Bidders to ensure the receipt of all addenda Therefore it is recommended that firms periodically check the Periscope S2G page for this Pro ect for updates and the issuance of addenda MODIFICATIONS SINCE ISSUANCE OF T E ITB 1 Article 4 Performance of the Work of Section 1 is deleted in its entirety and replaced with the following text The Contractor shall self -perform (complete) at least thirty percent (30%) of all physical construction labor work for the negotiated construction cost of the entire Project, utilizing its own employees. The City reserves the right to request documentary confirmation of this requirement. By submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the bid, the Bidder must include, fill out, and submit the form titled/named "Questionnaire." Failure to complete and submit this form, or to meet this requirement, may result in the bid being deemed non -responsive. Where the City determines that the Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default on the Contract. RE UESTS FOR INFORMATION SINCE ISSUANCE OF ITB 1 What is the Engineer s estimate for this Pro ect A The a e c n t ct n c t e t mate at m n Pha e I e t mate at m n an Pha e II e t mate at m n Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 2 Please provide the specification package for this Pro ect A The ec cat n n mat n nc ate nt the an The e n ec cat n ac a e th P ect 3 Is the Pro ect a Lump Sum or Unit Price Contract A Th a L m S m C nt act The B e e e t c m ete the e e B Sheet e th th A en m t en e a e n e 4 There are two (2) sections with fences Phase I Park Furniture - 130 and Phase II Walkway-55 We cannot find where the fence goes and what kind (details) Please advise A The ence ne tem to n the B Sheet a c nt n ent tem an the B e e e t ace a nt c t th The C t c nate th the S cce B e t ete m ne the cat n mate a an ec cat n at the t me c n t ct n 5 Are you able to provide the plan holders list for this bid A The S e Ve e Re t e th th A en m 6 Is a construction fence re uired If so please provide a plan and where it is shown A A c n t ct n ence e e The S cce B e e e n e e e n a a t an an c nat n th the C t t c n t ct n 7 Please provide the CADD files for this Pro ect A The CADD e e e t the S cce B e t c n t ct n 8 What is the time of completion for this Pro ect A P ea e ee t Sect n A tce C nt act T me an the ITB c ment 9 Please specify if Steel Sheet Piles are to be the called -out section of ESZ 19-630 or can another Steel Sheet Pile section be used If yes please provide minimum section modulus properties A The B e e e t ce an t e the heet e ec e n the an th n t a a a e the B e e e t e ect a heet e that e a e cee the e t e the ne ec e 10 Trench bottom for drainage in some areas is -14 00 However the City standards max bottom is 10 Please advise if to follow City detail when the proposed drainage bottom depth is greater than 10 A 0 The t ench tt m e th 00 e e t e n to e a h n n the an 11 Could the City add an Allowance for Permit Fees A A ne tem Pe m t Fee nc e n the Gene a C n t o Sect n the B Sheet Morningside Park Baywalk Kayak Launch and Boat ITB No 23-24-003 Ramp 2 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 12 Bid documents state Contractor shall self -perform (complete) at least thirty percent (30 ) of all physical construction labor work for the negotiated construction cost of the entire Pro ect utilizing its own employees If the work is phased the thirty percent (30 ) re uirement shall apply ointly and severally to each and every phase of the Work The phasing of this Pro ect separates large portions of the scope into different phases greatly reducing the possibility of a Contractor being able to meet these re uirements In order to maximize participation of ualified Bidders please reconsider changing the thirty percent (30 ) re uirement to apply to the pro ect overall and not by phase A Pea e e e t M cat n N a e 13 Why are you building the Pro ect in two (2) phases Will the park remain open during construction A D e t the C t ce n n ea ne e ement Pha e I the P ect m t e c n t cte an c m ete n e e Se tem e 0 Pha e II t c mmence c n t ct n n tant a c m et n Pha e I The Pa t ema n en n c n t ct n The S cce B e ma e e e t c nate an e c acce te an a a e a t the a a ea n t a ecte the c n t ct n 14 When do you anticipate beginning Phase II of the Pro ect A U n c m et n Pha e I the P ect 15 For Phase I of the Pro ect do you anticipate any tree protection or environmental protection work A The t ee tect n e ement a e n cate n the Lan ca e heet the C n t ct n D a n et T ee nea the hea ema n th the e t n n an a t na ac n ta n t a e a et c nce n The e e t me an e a the e n ect n the t ee an ac n t en e that a a et eca t n a e en ta en Ba e n the a e the n a n heet a e ate t e ect a t na c mment an e ement t ate T ee M e Vett n F m U ate A t Re t an L 0 th h L 0 Lan ca e Sheet th a t na n te an e ement The S cce B e e e t c nate th a C t a ne A t t m nt t e ca at n an t ee t ac n act t o 16 Do you anticipate any mangrove trimming for this Pro ect A The ea en man e t mm n act t o a c ate th th P ect 17 I would like to in uire about the possibility of engaging subcontractors or forming a oint venture with a Certified General Contractor ( CGC) licensed in the State of Florida for the execution of this Pro ect Could you please advise if there are any specific guidelines or restrictions we should be aware of in this regard A F m A the ITB c ment In mat n Dete m n n nt Vent e E t m t e m tte th the Morningside Park Baywalk Kayak Launch and Boat ITB No 23-24-003 Ramp 3 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 18 The bid form has separate lines for Phase 1 Phase 2 and then the two (2) Phases combined Is the City considering splitting the award of Phase 1 and Phase 2 to different contractors Can a contractor bid on only one (1) of the Phases Does the total combined cost need to add up to the sum of Phases 1 and 2 A The c nt act ea a e t ne cce B e Each B e m t n th Pha e The t ta c m ne m t a t the m Pha e an 19 Is the Cuesta SIEGE Sol Products CS-SIE-2529 and CS-SIE-2124 an approved e ual for the solar lighting in this Pro ect A N The h ca a ea ance men m ma e an a e n t a e n t c n tent th the ec cat n n the an 20 Does Buy America apply to this Pro ect A 0 Ye B Ame ca a e ement th P ect P ea e ee t Sect n A t c e 0 B Ame ca Re ement the ITB c ment 21 Are there existing outfalls A The e a e e t o t o that e e manatee ate t e n ta e The B e ha e e t ete m ne the amete the t o e an the c e n n ate e t e n ta e L ne tem th W a e to n the e e B Sheet an nc ate nth a en m 22 Is a Tree Protection Bond re uired A A T ee P tect n B n e e th P ect The am nt 0 000 00 ha e a the C t U ate a n heet L 0 L 0 an L 0 a e e th th a en m 23 Are there any shoreline improvements in this Pro ect A The e a e n h e ne m ement A c n t ct n e me an an a e the mean h h h h ate ne M WL 24 Are there existing seawalls that re uire to be rebuilt A The ea ee t o ea a t m e e e acement e n th P ect 25 Is the pre -bid sign in sheet available A The P e B C ne ence Atten ance L t e th th a en m ATTAC MENTS ■ Pre -Bid Conference Attendance List ■ Updated Arborist Report ■ Revised Bid Sheet ■ Suppliers Viewed Report for Bid 23-24-003 Morningside Park Baywalk Kayak Launch and Boat ITB No 23-24-003 Ramp 4 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 ■ L-01 ■ L-02 ■ L-03 ■ L-04 ■ L-05 ■ L-06 ■ L-07 ■ L-08 T IS ADDENDUM IS AN ESSENTIAL PORTION OF T E CONTRACT DOCUMENT ANDS ALL BE MADE A PART T EREOF Ann e Pe e CPPO Ch e P c ement 0 ce D ect De a tment P c ement C t M am Morningside Park Baywalk Kayak Launch and Boat ITB No 23-24-003 Ramp 5 Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Ii1 of Atianti ADDENDUM N Fe a 0 Invitation to Bid No. 23-24-003 MORNINGSIDE PARK BAYWALK, KAYAK LAUNCH, AND BOAT RAMP - D2 PROJECT No. B-173511A TO ALL PROSPECTIVE BIDDERS The following changes additions clarifications and/or deletions amend the above -captioned Invitation to Bid ( ITB) and shall become an integral part of the bid submitted and the Contract to be executed for ITB N 00 M n n e Pa Ba a Ka a La nch an B at Ram D P ect N B A (the Pro ect) The remaining provisions are now in effect and remain unchanged Please note the contents herein and affix it to the documents you have on hand A attachment an a e a a a e n the c tat n Pe c e S G e a e an a e a t th A en m It is the sole responsibility of all Bidders to ensure the receipt of all addenda Therefore it is recommended that firms periodically check the Periscope S2G page for this Pro ect for updates and the issuance of addenda MODIFICATIONS SINCE ISSUANCE OF T E ITB 1 The bid submission due date is hereby extended to Ma ch 0 at 00 m T IS ADDENDUM IS AN ESSENTIAL PORTION OF T E CONTRACT DOCUMENT AND S ALL BE MADE A PART T EREOF Ann e Pe e CPPO Ch e P c ement 0 ce D ect De a tment P c ement C t M am Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 DIVISION OF CORPORATIONS Drn:;ICJ_r i cf 5ifitizlitz.org {} rill official _:roue of Florida websire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company MAGNUM CONSTRUCTION MANAGEMENT, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 6201 SW 70TH STREET 1ST FLOOR MIAMI, FL 33143 Changed: 11/13/2018 Mailing Address 6201 SW 70TH STREET 1ST FLOOR MIAMI, FL 33143 L08000050123 59-2373403 05/15/2008 FL ACTIVE LC NAME CHANGE 12/17/2018 NONE Changed: 11/13/2018 Registered Agent Name & Address Munilla, Daniel 6201 SW 70TH STREET 1ST FLOOR MIAMI, FL 33143 Name Changed: 03/19/2021 Address Changed: 11/13/2018 Authorized Person(s) Detail Name & Address Title CEO, President Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 Munilla, Daniel 6201 SW 70TH STREET 1ST FLOOR MIAMI, FL 33143 Title CAO, VP Munilla, Laura 6201 SW 70 Street lst FL Miami, FL 33143 Title VP Munilla, Pedro M 6201 SW 70 Street lst FL Miami, FL 33143 Title VP Munilla, Alejandro 6201 SW 70 Street lst FL Miami, FL 33143 Annual Reports Report Year Filed Date 2021 03/19/2021 2022 04/27/2022 2023 01/30/2023 Document Images 01 /30/2023 -- ANNUAL REPORT 04/27/2022 -- ANNUAL REPORT 03/19/2021 --ANNUAL REPORT 02/18/2020 -- AMENDED ANNUAL REPORT 01 /09/2020 -- ANNUAL REPORT 02/22/2019 -- ANNUAL REPORT 12/17/2018 -- LC Name Change 11 /13/2018 -- LC Amendment and Name Change 01 /02/2018 -- ANNUAL REPORT 01 /09/2017 -- ANNUAL REPORT 01 /11 /2016 -- ANNUAL REPORT 01 /16/2015 -- ANNUAL REPORT 01 /29/2014 -- ANNUAL REPORT 03/05/2013 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 12/20/2012 -- Reg. Agent Changt 02/21/2012 -- ANNUAL REPORT 02/10/2011 -- ANNUAL REPORT 04/13/2010 -- ANNUAL REPORT 01 /26/2010 -- ANNUAL REPORT 03/20/2009 -- ANNUAL REPORT 02/11 /2009 -- LC Amended and Restated Art 05/15/2008 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 AGENDA ITEM SUMMARY FORM File ID: #16472 Date: 08/05/2024 Commission Meeting Date: 09/07/2024 Requesting Department: Office of Management and Budget Sponsored By: District Impacted: All Type: Resolution Subject: Approve FY'25 - Multi -Year Capital Plan Purpose of Item: To approve the City of Miami's "Fiscal Year 2024-25 Multi -Year Capital Plan" as required by the Community Planning Act, more particularly, Sections 163.3161 and 163.3177, Florida Statutes (2023), and pursuant to Chapter 18/Article IX/Divisions 1 and 2 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Financial/Financial Policies/Anti-Deficiency Act/Financial Integrity Principles". Background of Item: The Office of Capital Improvements is tasked with the responsibility to execute capital improvement projects. The Office of Management and Budget is tasked with the responsibility of preparing and presenting the Capital Plan. Pursuant to Chapter 18/Article IX/Divisions 1 and 2 of the City Code, entitled "Financial/Financial Policies/Anti-Deficiency Act/Financial Integrity Principles," the City is required to prepare a capital plan detailing improvements needed to support City services. The proposed capital plan identifies $3.885 billion in projects ($1.686 billion prior years funded, $61.827 million proposed funding, $2.449 billion unfunded) for the Fiscal Year plus five additional years. The six year plan includes 810 active projects. During the current Fiscal Year new capital appropriations totaling $61.827 million will be used to fund 44 projects as detailed in the capital plan. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $1.686 billion with $61.827 million newly appropriated CIP Proiect No: various Reviewed B Office of Management and Budget Marie Gouin Department Head Review Completed 08/06/2024 9:04 PM Office of Management and Budget Mabel Betancourt Budget Analyst Review Skipped 08/12/2024 12:28 PM Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 08/21/2024 3:03 PM City Manager's Office Larry M. Spring Assistant City Manager Review Completed 08/28/2024 10:11 AM Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Arthur Noriega V Valentin J Alvarez Xavier Alban George K. Wysong III Maricarmen Lopez Mayor's Office City Clerk's Office City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 08/28/2024 3:24 PM 08/28/2024 5:36 PM 08/28/2024 7:45 PM 08/28/2024 7:59 PM 09/07/2024 10:00 AM 09/12/2024 2:58 PM 09/12/2024 3:41 PM Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 City of Miami Legislation Resolution Enactment Number: R-24-0328 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16472 Final Action Date:9/7/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2024-25 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED ("PLAN"), ATTACHED AND INCORPORATED AS EXHIBIT "A", AS REQUIRED PURSUANT TO THE COMMUNITY PLANNING ACT, SPECIFICALLY SECTIONS 163.3161 AND 163.3177, FLORIDA STATUTES (2024), AND CHAPTER 18/ ARTICLE IX/ DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FINANCIAL/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/ FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES, TO ADD NEW CAPITAL PROJECTS, AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY; PROVIDING FOR INCORPORATION OF SUBSEQUENT AMENDMENTS TO THE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. "INCOMPLETE (ITEM WAS ADOPTED WITH MODIFICATIONS). PENDING FINAL APPROVAL AS TO FORM AND CORRECTNESS BY CITY ATTORNEY." WHEREAS, a capital improvement programming process to support the Miami Neighborhood Comprehensive Plan is required pursuant to the Community Planning Act, specifically, Sections 163.3161 and 163.3177, Florida Statutes (2024), and Chapter 18/Article IX/Divisions 1 and 2 of the Code of the City of Miami, Florida, as amended, titled "Finance/Financial Policies/Anti-Deficiency Act/Financial Integrity Principles" (collectively, "Laws"); and WHEREAS, the City of Miami's ("City") Fiscal Year ("FY") 2024-25 Proposed Multi -Year Capital Plan as presented to the City Commission, filed with the City Clerk, and posted on the City's website on July 31, 2024 incorporates the FY 2023-24 Capital Plan set forth in Resolution No. R-23-0376 adopted September 9, 2023, as subsequently amended on September 14, 2023 pursuant to Resolution No. R-23-0448, on October 26, 2023 pursuant to Resolution Nos. R-23- 0484 and R-23-0485, on November 16, 2023 pursuant to Resolution Nos. R-23-0508, R-22- 0509, and R-22-0519, on December 16, 2023 pursuant to Resolution No. R-23-0549, on February 22, 2024 pursuant to Resolution Nos. R-24-0075 and R-24-0061, on March 14, 2024 pursuant to Resolution No. R-24-0103, on April 24, 2024 pursuant to Resolution No. R-24-0165, and on July 11, 2024 pursuant to Resolution Nos. R-24-0266, R-24-0267, and R-24-0272 (collectively, "Proposed Plan"); and WHEREAS, during the current FY, new capital appropriations totaling $61.827 million will be used to fund forty-four (44) projects, as detailed in Exhibit "A", attached and incorporated; and WHEREAS, the Proposed Plan is a policy and management tool to plan municipal borrowing and indebtedness over a period of time, to establish annual expenditures within a Docusign Envelope ID: 9BC5432B-2508-4C5B-AB30-A94D7E9C8EC6 framework of long-range fiscal requirements, and to serve as an official statement of the City's development plans; and WHEREAS, the Proposed Plan shall incorporate all amendments thereto; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Proposed Plan as presented to the City Commission, filed with the City Clerk, posted on the City's website on July 31, 2024, is approved as required pursuant to the Laws to set forth the City's fiscal needs for capital improvements, subject to an annual plan review, to determine project priorities, to add new capital projects, and to modify funding allocations as necessary. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor: APPROVED AS TO FORM AND CORRECTNESS: rge . Wyy ng lll, C ty ttor -y 8/28/2024 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Monday, September 30, 2024 3:51 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cambridge, Susan; 'Velez, Pablo'; Hannon, Todd; Olivera, Rosemary; Lima, Cristiane; Roberts, Frankeetha; Sagesse, Max Document Distribution - ITB 23-24-003 - Morningside Park Baywalk, Kayak Launch and Boat Ramp - D2 Project No. B-173511A - Magnum Construction Mgmt - MCM ITB_23-24-003_Morningside_Park_Baywalk_-_Magnum_Executed 09-30-2024.pdf Good afternoon All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Frankeetha You may now close this Matter ID 24- 1784 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: - D2 Project No. B-173511A Effective Date: 09/30/2024 Best regards, Construction Contract City of Miami Magnum Construction Mgmt, LLC DBA MCM ITB 23-24-003 - Morningside Park Baywalk, Kayak Launch and Boat Ramp i Lu,i - Cc e re - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. 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