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25827
AGREEMENT INFORMATION AGREEMENT NUMBER 25827 NAME/TYPE OF AGREEMENT MAGNUM CONSTRUCTION MANAGEMENT LLC DESCRIPTION DESIGN -BUILD SERVICES AGREEMENT/BRICKELL BAY DRIVE ROADWAY & SEAWALL IMPROVEMENTS - D2 PROJECT NO. 40-B 193802/F I L E ID: 15870/R-24-0203/MATTE R ID: 25-1064 EFFECTIVE DATE November 19, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/19/2025 DATE RECEIVED FROM ISSUING DEPT. 11/19/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Anthony Hansen EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Magnum Construction Management, LLC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Design -Build Services Agreement ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Brickell Bay Drive Roadway and Seawall Improvements — D2 Project No. 40-B193802 — RFP No. 23-24-031 NO NO COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: R-24-0203 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER Reviewed and OK to proceed. Fernando V. Ponassi October 28, 2025 Annie Perez CPPO 115:26:55 EDT SIGNATURE: ,—DocuSigned by: �-.� �o.� ei MANAGEMENT October 29, 2025 89540E 673CAC468... AIRRISK 4d,l.Rz P i E erim Director SIGNATURE: �DocuSigned b FralAk t '-27395C63182' BUDGET OFFICE $25.889M phase I and phase II partial. Lai -Wan E. McGinnis 11/6/2025 November 10, 2025 Marie Gouin 112:26 51 EST SIGNATURE: Signed by: "— CITY ATTORNEY /s/ TMF 25-1064 Matter ID No. 25-1064 November 13, 2025 George K. WysongDocuSigned SIGNATURE;EST F6'E8317 6C549'S _. by: at-OrOt, - �tiSbl4 ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER November 13, 2025 Erica Paschal Darlin 113:42:47 EST SIGNATURE: 8677GE9FL86248B... r AuSigned by: ev,, �. pie ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A 5 E 8 5 Q5-0"aB'a6 5-4 b c,... Barbara Hernandez MPA N/A SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE November 14, 2025 Asael "Ace" MarreropDocusigned 1 08:04:49 EST SIGNATURE: by: � �`1,1o. —COF4AF9AR03R45A DEPUTY CITY MANAGER November 14, 2025 Natasha Colebrook- 109:41:26 EST SIGNATURE: "Signed by: Nr A `— CITY MANAGER November 18, 2025 Arthur Noriega V 113:49:43 EST SIGNATURE: 84B7 00197 ,—DocuSigned .� �_ tiv L &V' "-850-CF6-237ZDD4 ,—DocuSigned � `—F4fi 1L5FnnLF1 Mt7fi4"1'6... by: NDV1t ?, CITY CLERK November 19, 2025 Todd Hannon 113:51:26 EST SIGNATURE: A... by: `- I.5 11 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24401 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 DESIGN -BUILD SERVICES AGREEMENT OVERVIEW DSA TITLE: Design -Build Services Agreement for Brickell Bay Drive Roadway and Seawall Improvements — D2 — Project No. 40-B193802 — RFP No. 23-24-031 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ 0 City Commission — RESOLUTION No. 24-0203 (Expedited List) 2. PROCUREMENT METHOD: 0 RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ 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 SERVICES? The Successful Proposer shall provide installation of a new drainage system, installation of a new seawall, installation of a new baywalk area, installation of a new linear park, adjusting road elevations, pavement reconstruction and widening, utility coordination, fire hydrant relocation/installation, site preparation, clearing and grubbing, earthwork, harmonization of intersecting side streets and adjacent properties, reconstruction of driveways and pedestrian accesses, construction of a new sidewalk, removal of encroachments, signing and pavement markings, lighting, landscaping, and all other ancillary components required to deliver a fully functional neighborhood project. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Resilience and Public Works 7. IS THE AWARDEE THE INCUMBENT? N/A Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of Project. 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes Sec. 287.055, Consultants' Competitive Negotiation Act (CCNA) Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Titu of fliami DESIGN -BUILD SERVICES AGREEMENT FOR BRICKELL BAY DRIVE ROADWAY AND SEAWALL IMPROVEMENTS - D2 PROJECT NO. 40-B1938O2 RFP NO. 23-24-031 Francis X. Suarez Mayor Miguel Angel Gabela Commissioner, District 1 Damian Pardo Commissioner, District 2 Joe Carollo Commissioner, District 3, Vice Chair Ralph Rosado Commissioner, District 4 Christine King Commissioner, District 5, Chair Arthur Noriega V City Manager Issued by: City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 TABLE OF CONTENTS SECTION 1 - GENERAL TERMS AND CONDITIONS 6 1. Definitions 6 2. Time is of the Essence 10 3. Contract Term 11 4. Notices 11 5. Priority of Provisions 12 6. Indemnification 13 7. Insurance 13 8. Performance and Payment Bond 15 9. Qualification of Surety 16 10. General Requirements 17 11. Method of Performing the Work 18 12. Work Staging and Phasing 18 13. Site Investigation and Representation 19 14. DBF to Check Plans, Specifications and Data 19 15. DBF's Responsibility for Damages and Accidents 19 16. Accidents 19 17. Safety Precautions 19 18. Occupational Health and Safety 20 19. Labor and Materials 21 20. Rules, Regulations, and Licenses; Small Business Enterprise 21 21. Project Management 21 22. Superintendence and Supervision 21 23. Authority of the Project Manager 22 24. Inspection of Work 23 25. Taxes 24 26. Separate Contracts 24 27. Lands of Work 24 28. Coordination of Work 24 29. Differing Site Conditions 25 30. Existing Utilities 25 31. DBF's Responsibility for Utility Properties and Services 25 32. Interfering Structures 26 33. Field Relocation 26 34. DBF's Use of Project Site(s) 26 35 Materials and Equipment 27 36. Material and Equipment Shipment, Handling, Storage and Protection 27 37. Manufacturer's Instructions 28 38. Manufacturer's Warranty 29 39. Submittals 29 40. Shop Drawings, Working Drawings, and Samples 30 41. Product Data 33 42. Record Set 33 43. Supplemental Drawings and Instructions 33 44. DBF Furnished Drawings 34 Design -Build Services for Brickell Bay Drive 2 RFP No. 23-24-031 Roadway and Seawall Improvements - D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 1 - GENERAL TERMS AND CONDITIONS (CONTINUED) 45. Substitutions 34 46. City Furnished Drawings 35 47. Interpretation of Drawings and Documents 35 48. Product and Material Testing 35 49. Field Directives 35 50. Changes in the Work or Contract Documents 36 51. Continuing the Work 36 52. Change Orders 36 53. Change Order Procedure 37 54. No Oral Changes 37 55. Value of Change Order Work 37 56. Extra Work Directive 40 57. As -Built Drawings 41 58. Worker's Identification 42 59. Removal of Unsatisfactory Personnel 42 60. Substantial Completion and Punch List 42 61. Acceptance and Final Payment 43 62. NDPES Requirements 44 63. Force Majeure 44 64. Extension of Time 44 65. Notification of Claim 45 66. Extension of Time not Cumulative 46 67. DBF's Damages for Delay 46 68. Excusable Delay, Non-Compensable 46 69. Acceptance of Defective or Non -Conforming Work 46 70. Uncovering Finished Work 46 71. Correction of Work 47 72. Maintenance of Traffic and Public Streets 47 73. Location and Damage to Existing Facilities, Equipment or Utilities 49 74. Stop Work Order 49 75. Hurricane Preparedness 50 76. Use of Completed Portions 50 77. Cleaning Up; City's Right to Clean Up 51 78. Removal of Equipment 51 79. Set -offs, Withholdings, and Deductions 51 80. Event of Default 51 81. Notice of Default -Opportunity to Cure 52 82. Termination for Default 52 83. Remedies in the Event of Termination for Default 53 84. Termination for Convenience 53 85. Resolution of Disputes 54 86. Mediation -Waiver of Jury Trial 55 87. City May Avail Itself of All Remedies 55 88. Permits, Licenses and Impact Fees 55 89. Compliance with Applicable Laws, Ethics and Public Records Laws 56 90. Independent DBF 56 Design -Build Services for Brickell Bay Drive 3 RFP No. 23-24-031 Roadway and Seawall Improvements - D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 1 - GENERAL TERMS AND CONDITIONS (CONTINUED) 91. Third Party Beneficiaries 57 92. Successors and Assigns 57 93. Materiality and Waiver of Breach 57 94. Severability 58 95. Applicable Law and Venue of Litigation; Attorney's Fees 58 96. Amendments 58 97. Entire Contract 58 98. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 58 99. Evaluation 58 100. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 59 101. Royalties and Patents 59 102. Continuation of the Work 59 103. Review of Records 59 104. No Interest 59 105. Payments Related to Guaranteed Obligations 59 106. Consent of City Required for Subletting or Assignment 60 107. Agreement Limiting Time in Which to Bring Action against the City 60 108. Defense of Claims 60 109. Contingency Clause 60 110. Mutual Obligations 60 111. Contract Extension 61 112. Non -Exclusivity 61 113. Nature of the Contract 61 114. Contract Documents Contains all Terms 61 115. Applicable Law and Venue of Litigation 61 116. Survival 61 117. Joint Preparation 61 118. Non -disclosure 61 119. Counterparts; Electronic Signatures 61 SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS 63 1. Scope of Work 62 2. Contract Time 62 3. Compensation 64 4. Progess Payments 65 5. Liquidated Damages 65 6. Schedule of Values 65 7. Project Schedules 67 8. Release of Liens/Sub DBF's Statement of Satisfaction 67 9. Progress Meeting 66 10. Request for Information 68 11. Project Site Facilities 69 12. Temporary Facilities, Utilities, and Construction 69 13. Project Laboratory Testing Services 69 Design -Build Services for Brickell Bay Drive 4 RFP No. 23-24-031 Roadway and Seawall Improvements - D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS (CONTINUED) 14. Security 65 15. Construction Signage 67 16. Lines and Grades 67 17. Report on Foreign Nationals Working in the United States 67 18. Progress Photos 68 19. Projccts Fundcd by Fcdcral or State Funds Not Applicable 69 20. Antitrust Violator Vendors 79 21. Anti -Human Trafficking 79 SECTION 3 - DESIGN SERVICES 81 1. Design Responsibility 81 2. Subconsultants 81 3. Ownership of Documents 81 4. Delivery upon Request or Cancellation 81 5. Error and Omission Issues 81 6. DBF's Key Staff 81 7. Truth -In -Negotiation Certificate 82 8. Re -Use by City 82 9. Scope of Services 82 10. Basic Services 82 11. Basis of Design 86 12. Additional Design Services 86 SECTION 4 - CONTRACT EXECUTION FORM 87 Corporate Resolution 88 Form of Performance Bond 89 Form of Payment Bond 90 Certificate as to Corporate Principal 93 Performance and Payment Guaranty Form 94 Form A - Subconsultants 96 Form B - Key Staff 94 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Brickell Bay Drive 5 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 1 - GENERAL TERMS AND CONDITIONS 1. Definitions Addenda means written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. Agreement means the written instrument that is evidence of the agreement between the City and Design Builder covering the Work. The work and services to be performed by Contractor pursuant to a particular Purchase Order. The "Agreement" is the combination of the Master Agreement and the Purchase Order for the specific assignment. The words "Agreement" and "Contract" are synonymous. Application for Payment means the form acceptable to City which is to be used by Design Builder during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Attachments mean any Attachments to this Agreement that are expressly incorporated by reference and made a part of this Agreement as if set forth in full. Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. Basic Services means those services designated as such in this Agreement. 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, 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. If no specific reference is made it will be the Director for contractual delegations or responses attributable by the express terms of this Contract to the City. 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. Commissioning means the employing total building commissioning practices tailored to the size and complexity of the building site, and the building and its system components in order to verify performance of all components and systems and help ensure that design requirements are met. This includes a designated commissioning authority, a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report. Consultant means the engineering firm selected by the City to perform construction, engineering, and inspection services of the DBF's Work. 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. Project Schedule means a critical path schedule or other design -build schedule, as defined and required by the Contract Documents. Design -Build Services for Brickell Bay Drive 6 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Contract means this document, the RFP, all Addenda, the Response to the RFP, and the Design Criteria Package, plans and specifications developed by the DBF, and any change orders, modifications, directives, and clarifications to this Contract. The documents which constitute the Contract will have the order of priority set forth in Section 5 of this document. Contract Times means the number of days, or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Design Criteria Professional's written recommendation of final payment. In calculating periods of fewer than seven (7) days, Saturday, Sunday, and legal holidays shall not be included. In calculating seven (7) or more days, all days shall be included. When a deadline falls on a Saturday, Sunday or legal holiday, such deadline shall be the next regular business day. Cure means the action taken by the DBF 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(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the DBF 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. Any Cure Period provided for shall not be less than ten (10) days, unless the City Manager specifies there is an identified public safety hazard in which case the Cure Period shall be as specified in such Notice to Cure. Day means a calendar day of twenty-four (24) hours measured from midnight to the next midnight. Design -Build Contract means a single contract with a DBF for the design and construction of a public construction project. Design Criteria Package means concise, performance -oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit DBFs to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated Design -Build contract. The design criteria package must specify performance -based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Professional means a firm who holds a current certificate of registration under Chapter 481, Florida Statutes to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Chapter 471, Florida Statutes to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. DBF 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. A "DBF" means a partnership, corporation, or other legal entity that 1) is certified under Section 489.119, Florida Statutes to engage in contracting through a certified or registered general DBF or a certified or registered building DBF as the qualifying agent; or 2) is certified under Section 471.023, Florida Statutes to practice or to offer to practice engineering; certified under Section 481.219, Florida Statutes to practice or to Design -Build Services for Brickell Bay Drive 7 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 offer to practice architecture; or certified under Section 481.319, Florida Statutes to practice or to offer to practice landscape architecture. Design Documents means the construction plans and specifications prepared by the DBF. Director means the Director of the Department of Resilience and Public Works (RPW) or designee, who has the authority and responsibility for managing the Project(s) under this Contract. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location, and dimensions of the Work to be performed, including, without limitation, all notes, schedules, and legends on such Drawings. Engineer or Engineer of Record shall mean the individual or firm, duly licensed to practice engineering in the State of Florida, who is employed or retained by the DBF and who is identified in the Contract Documents as the Engineer of Record for the Project. The Engineer shall be responsible for the design, preparation of plans and specifications, and other engineering services required under the Contract, and shall perform such services in accordance with all applicable laws, regulations, and professional standards. References to Engineer in this Contract shall not be construed to create any contractual relationship between the City and the Engineer, and the Engineer shall have no authority to act on behalf of or bind the City. Field Directive means a written approval for the DBF 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 Contract as certified by the Consultant or the City and submitted all documentation required by the Contract Documents. Hazardous Waste means materials defined in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time, as applicable. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by DBF and of the Work performed by DBF. Laws or Regulations means any and all applicable laws, rules, regulations, ordinances, codes, written directives, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Lump Sum Work means Work to be paid at fixed price complete amounts. Milestone means a principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. Notice of Award means the written letter to the DBF notifying the DBF that they have been awarded the Contract. Notice to Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent has been met and directing that the DBF may begin Work on the Project(s). Plans and/or Drawings mean the official graphic representations of a Project(s). Professional Services means those services within the scope of the practice of architecture, landscape architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, landscape architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as Design -Build Services for Brickell Bay Drive 8 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 "architectural/ engineering services" or "professional services," as applicable, which are within this definition. Progress Schedule means a schedule, prepared, and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. Project or Work, as used herein, refers to all reasonably necessary and inferable and necessary 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 DBF to fulfill 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(s). Project Manager means the individual assigned by RPW to manage the Project(s). Resilience and Public Works, also identified as "RPW," means the department responsible for the project management during the life of the contract. Records Retention means City policy setting forth the criteria and standards for the management of Project records to be retained in a cost-effective manner to meet business needs and comply with legal requirements, then destroyed in a timely manner when retention is no longer required. Request for Information (RFI) means a request from the DBF seeking an interpretation or clarification relative to the Contract Documents. 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 DBF's 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, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Schedule of Submittals means a schedule, prepared, and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. Schedule of Values means a schedule, prepared, and maintained by Contractor, allocating portions of the Compensation to various portions of the Work, and used as the basis for reviewing Contractor's Applications for Payment. Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. Shop Drawings means all drawings, diagrams, illustrations, schedules, and other data or information, which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Site means lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor. Specifications means that part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Design -Build Services for Brickell Bay Drive 9 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Subconsultant/Subcontractor means a person, firm, or corporation having a direct contract with the DBF for the purposes of performing Work. Sub-DBF means a person, firm or corporation having a direct contract with DBF 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 Proposer under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Contract such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Compliance 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. Time and Materials Work means Work to be paid for on the basis of time and materials. Unit Price Work means Work to be paid for based on unit prices. Wage Rates means the effective direct expense to Consultant and/or Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Contract that justify and form the basis for professional fees regardless of actual manner of compensation. Work Change Directive means a written statement to DBF issued on or after the Effective Date of the Agreement and signed by the City and recommended by the Design Criteria Professional or Consultant ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Compensation or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Compensation or Contract Times. 2. Time is of the Essence Time is of the essence in performance of the Work. DBF 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. 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. All dates and periods of time set forth in the Contract, 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. DBF 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 68, "Excusable Delays," the DBF understands that, except and only to the extent provided otherwise in the Contract, the occurrence of events of delay within the DBF's, control, the Work shall not excuse the DBF from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the DBF to an adjustment. All parties under the control or contract with the DBF shall include but are not limited to material persons, Subconsultants, Sub-DBF, suppliers, and laborers. Design -Build Services for Brickell Bay Drive 10 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The DBF acknowledges that the City is purchasing the right to have the DBF continuously working at the Project site for the full duration of the Project to ensure the timely completion of the Work. 3. Contract Term The Contract shall commence upon issuance of the Notice of Award, but not before the City Manager or City Manager's designee issues a Notice to Proceed (NTP) for Phase 1. Said NTP shall be issued subsequent to the execution of the Contract by the City. The City Manager or City Manager's designee will issue subsequent NTPs for Phase 2 upon availability of funds as certified by the City's Office of Management and Budget. 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. 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) 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, Florida 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 George K. Wysong III City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: GWysonq©miamiqov.com Phone: 305-416-1800 Design -Build Services for Brickell Bay Drive 11 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 With Copies to: Juvenal Santana, Jr., PE, CFM Director, Department of Resilience and Public Works City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JSantana@miamigov.com Phone: 305-416-1200 For DBF: Magnum Construction Management, LLC Daniel F. Munilla President 6201 SW 70t" Street, 1st Floor Miami, Florida 33143 Email: dmunilla@mcm-us.com Phone: 305-541-0000 Alejandro L. Munilla Senior Project Manager 6201 SW 70th Street, 1st Floor Miami, Florida 33143 Email: amunilla@mcm-us.com Phone: 305-541-0000 Pedro R. Munilla Special Projects 6201 SW 70th Street, 1st Floor Miami, Florida 33143 Email: pmunilla@mcm-us.com Phone: 305-345-0937 During the Work, the DBF shall maintain continuing communications with Design -Build Professional and the Project Manager. The DBF shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. 5. Priority of Provisions 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 Design Criteria Professional, or provision of the Contract Documents the following order of precedence shall apply: ■ Revisions and Change Orders to the Contract ■ Contract, as it may be amended from time to time ■ Plans & Specifications ■ RFP, and any addendums issued thereto ■ RFP Responses Where provisions of laws, codes, manufacturer's specifications or warranties or industry standards are in conflict, the more restrictive or higher quality shall govern. Design -Build Services for Brickell Bay Drive 12 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 6. Indemnification The indemnification provided above shall obligate the DBF pre and post construction to defend, at its own expense, to and DBF shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City and their officials, officers, agents, and/or employees, jointly and severally, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused in whole or in part by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of DBF and persons employed or utilized by DBF in the performance of this Contract. DBF shall further, indemnify, hold, and save harmless, and defend (at its own cost), the City, its officials, and/or employees, against any civil actions, administrative, regulatory, statutory, or similar claims, injuries or damages arising or resulting from the permitted Work. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the DBF shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The DBF expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the DBF shall in no way limit the responsibility to indemnify, hold and save harmless, and defend the City and their officers, employees, agents, 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, mediation, arbitration, appellate, supplemental or bankruptcy proceedings, 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 DBF, or persons employed or utilized by DBF. 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 and complies with the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. DBF shall require all sub-consultant/sub-contractor agreements to include a provision that each sub-consultant/sub-contractor will indemnify, hold harmless, and defend the City in substantially the same language as this Section. The DBF 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 DBF in which the City participated either through review or concurrence of the DBF's actions. In reviewing, approving, or rejecting any submissions by the DBF or other acts of the DBF, the City in no way assumes or shares any responsibility or liability of the DBF or any sub-consultant/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 DBF as good and sufficient consideration. 7. Insurance Without limiting any of the other obligations or liabilities of DBF, DBF shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Design -Build Services for Brickell Bay Drive 13 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Explosion, Collapse, and Underground Hazard Primary Insurance Clause Endorsement Extended Completed Operations Endorsement proving three (3) years' coverage extension following project completion, including City as additional insured Independent and Sub -Contractors Included 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 City of Miami included as an additional insured 7.3. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida Employer's Liability Limits of Liability (Part B) $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 Waiver of Subrogation 7.4. Umbrella Policy Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 City of Miami must be listed as an additional insured. Coverage is excess follow form over all liability polices contained herein. 7.5 Contractor's Professional Liability Each Occurrence $2,000,000 Policy Aggregate $2,000,000 If claims are made, retro Date applies prior to contract inception. Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. If claims are made, retro Date applies prior to contract inception. Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. 7.6 Payment and Performance Bond $22,999,384.79 City of Miami, its elected officials, instrumentalities, and employees must be listed as an Obligee. Design -Build Services for Brickell Bay Drive 14 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 7.7 Installation Floater Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Total Cost of Renovation A. Coverage Extensions: City of Miami listed as loss payee Including Storage and transport of materials, equipment, supplies of any kind to be used on or incidental to the project. Installation Floater Insurance is not required prior to NTP for Phase 1 being issued. 7.8 Contractors Pollution Liability, If applicable Each Occurrence $2,000,000 Policy Aggregate $2,000,000 City listed as additional insured 7.9 Safety/Claims and Deductibles Safety and loss control shall be exercised at all times 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. 7.10 Builder's Risk Insurance City will Provide The DBF is responsible for all applicable deductibles in terms of all lines of coverage, or policies herein contained, more specifically noted in Section 7 Insurance. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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 the City's Department of Risk Management prior to insurance approval. 8. Performance and Payment Bond The DBF shall within fourteen (14) calendar days of being notified of award, and prior to execution of this Agreement, furnish proof of all insurance required in Section 7, above. Subsequently, and within seven (7) calendar days of receipt by the City of a permitted set of engineering drawings, the DBF shall furnish a Performance/Payment Bond 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, including Owner's Contingency, 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 Sub-DBF, and Subconsultant employed pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 9, Qualification of Surety. Design -Build Services for Brickell Bay Drive 15 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Each Bond shall continue in effect for one (1) year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that DBF will, upon notification by City, correct any defective or faulty work or materials which appear within one (1) year after Final Completion of the Project(s). The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, DBF shall ensure that the bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. The Payment/ Performance Bond shall be in substantially the form provided by Section 255.05, Florida Statutes and be subject to the approval of the Risk Management Director and the City Attorney as to legal form. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Five Hundred Thousand Dollars ($500,000): Each bond must be executed by a surety company of recognized standing, currently 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. 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 City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to two million dollars ($2,000,000), provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy -Amount of Bond Financial Holder's Ratings Size Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class 11 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII For projects of five hundred thousand dollars ($500,000) or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the RFP is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of Design -Build Services for Brickell Bay Drive 16 Roadway and Seawall Improvements — D2 RFP No. 23-24-031 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance/Payment Bond. More stringent requirements of any grantor agency are set forth within the RFP. If there are no more stringent requirements, the provisions of this section shall apply. 10. General Requirements The employee(s) of the DBF 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 DBF agrees that the DBF will 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 DBF agrees to adjust staffing levels or to replace any staff personnel 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 DBF represents that its staff personnel have 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 DBF shall perform the work and shall be responsible for prompt repairs, testing, permits, clean up, replacements, and restoration required because of damages caused by DBF and DBF subconsultants during this construction. The DBF shall allow Project Manager and Consultant to have access to temporary facilities used by DBF to perform the Work. The DBF shall at all times cooperate with the City, or the Consultant, and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times, but they must follow any and all safety protocols established by DBF for the Project Site. The DBF 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. DBF shall bear all losses resulting from it because of the amount or character of the Work being different from what the DBF should have reasonably anticipated, based on the DBF's own due diligence and the documents provided by the City, in accordance with the skill, care, diligence, and foresight ordinarily exercised by experienced design -build firms performing work of similar size and complexity in Florida under similar conditions. All newly constructed work shall be carefully protected from injury in any way. No wheeling, walking, or placing of heavy loads on it shall be allowed and the DBF at its own expense shall reconstruct all portions damaged. The DBF shall at all times conduct the Work in such manner and in such sequence as to ensure the least practicable local interference. DBF shall not open up Work to the prejudice of Work already started, and the Project Manager may require the DBF to finish a section on which Work is in progress before Work is started on any additional section. Design -Build Services for Brickell Bay Drive 17 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 11. Method of Performing the Work When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the DBF's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence. 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 the best general practice is to prevail and that only material and workmanship of the best quality is to be used, and interpretation of the Contract Documents shall be made upon that basis. If the Project Manager or Consultant 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 Project Manager the DBF 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 Project, the Project Manager shall have the right to order the DBF 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(s) within the specified time. The DBF shall immediately comply with such orders at no additional cost to the City. (3) The City, at its sole option, may also have Work performed by a third -party DBF and deduct such cost from any monies due the DBF. 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 DBF and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the DBF to the satisfaction of the Project Manager and Consultant. The DBF shall furnish to the Project Manager a complete listing of 24-hour telephone numbers at which responsible representatives of the DBF and all of the DBF's Sub-DBF and Subconsultants can be reached should the need arise at any time. 12. Work Staging and Phasing The manner in which the Work is performed shall be subject to the approval of the Project Manager, whom, if necessary, shall have the authority to request changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager. All requests for such interruption or obstruction must be made in writing and given to the Project Manager twenty-four (24) hours in advance of the interruption of City operations. The DBF 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 satisfaction of the Project Manager. A staging plan must be submitted to and approved by the Project Manager 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. The DBF, however, may not establish any other staging area/s or fenced -off area in addition to the one proposed and agreed upon above without prior written approval by the City. Staging area/s' square footage will depend on availability and shall not, to the extent possible, interfere with the normal traffic conditions or the area subject of this scope of work. The City, at its discretion, may provide construction -use parking spaces, in a number to be agreed upon between the City, the DBF, and the authority having jurisdiction. Additionally, all Construction Progress meetings will be held at a location to be determined and agreed upon by the City and the DBF. Design -Build Services for Brickell Bay Drive 18 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Notwithstanding the foregoing, the DBF may cordon off areas as reasonably necessary to perform its work, with prior written approval by the City. 13. Site Investigation and Representation The DBF 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 DBF further acknowledges that it has satisfied itself based on any geotechnical reports the City provided and inspection of the Project(s) 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. Any failure by the DBF to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve DBF from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. Notwithstanding the foregoing, in the event that the actual subsurface conditions vary from the actual City provided reports the DBF shall notify the City, and the Contract amount may be adjusted up or down depending on the conditions. The parties agree in the event contamination is encountered, it shall be treated as an unforeseen condition entitling DBF to an equitable adjustment to the Contract. 14. DBF to Check Plans, Specifications, and Data DBF shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of the Contract Documents and shall notify the Project Manager and the Consultant of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. DBF will not be allowed to take advantage of any error, omission or discrepancy in the plans or specifications as the DBF has sole responsibility for design and construction. DBF is also liable for damages and/or re -works resulting from errors, omissions or discrepancies in the plans and/or specifications. 15. DBF's Responsibility for Damages and Accidents DBF 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 any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. 16. Accidents The DBF 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(s) duration. The DBF shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the DBF must report immediately to the Project Manager 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 DBF shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. DBF 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(s) site(s) and other persons who may be affected thereby; Design -Build Services for Brickell Bay Drive 19 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and ■ Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. DBF shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be DBF's superintendent unless otherwise designated in writing by DBF to Project Manager. DBF 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. DBF 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 DBF, any Subconsultant, 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 DBF. DBF's duties and responsibilities for the safety and protection of the Work shall continue until all the Work is completed and Project Manager has issued the DBF a notice of Final Acceptance. DBF 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 DBF shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, EPA, PERA, the City, Miami -Dade County, FDOT, State of Florida, and Florida Building Code), which bear on the performance of the Work. The DBF 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. If an emergency condition should develop during a Project, the DBF must immediately notify the Project Manager of each and every occurrence. The DBF should also recommend any appropriate course(s) of action to the Project Manager. 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 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. Design -Build Services for Brickell Bay Drive 20 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ 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, DBF shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. DBF shall at all times enforce strict discipline and good order among its employees, Sub-DBF, and Subconsultant at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, and Licenses; Small Business Enterprise The Successful DBF shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The DBF shall be familiar with all federal, state, and local laws that may affect the goods and/or services offered. 21. Project Management Where a DBF is awarded Work, the DBF 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 and similar approvals; obtaining licenses and inspections; ensuring that subconsultants and subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; timely paying all Sub-DBF's and Subconsultants; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 22. Superintendence and Supervision The orders of the City are given by the Project Manager, whose instructions are to be strictly and promptly followed in every case. The DBF shall keep the Contract under his/her own control, and it shall be his/her responsibility to see that the Work is properly supervised and carried on faithfully and efficiently. The DBF shall supervise the Work personally and shall have a competent, English- speaking superintendent, representative, and any necessary assistants, all satisfactory to the Project Manager, who shall be on the site of the Project at all working hours, and who shall have full authority by the DBF to direct the performance of the Work and make arrangements for all necessary materials, equipment, and labor without delay. The superintendent shall not be changed except with the written consent of Project Manager, unless the superintendent proves to be unsatisfactory to DBF and ceases to be in its employ. The superintendent shall represent DBF, and all directions given to the superintendent shall be as binding as if given to DBF and will be confirmed in writing by Project Manager upon the written request of DBF. DBF shall give efficient supervision to the Work, using its best skill and attention. The Project Manager shall be provided with telephone number(s) for the superintendent where Design -Build Services for Brickell Bay Drive 21 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 the superintendent can be contacted during normal working hours as well as after hours for emergencies. The DBF's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Sub-DBF and subconsultants at the Project(s) site(s); visitors to the Project site, including representatives of the City, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and employees of the City. The Project Manager, DBF, 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 DBF shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If DBF, 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 DBF's duty to inform Project Manager and Consultant immediately, in writing, for prompt review by Project Manager or Consultant. All Work performed as a result of such discovery, will be done at DBF's sole risk. DBF 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. DBF shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 23. Authority of the Project Manager The Director hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, 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 DBF shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the DBF agrees with the Project Manager's and/or Consultant's determination or requests. Where requests are made orally, the Project Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent expressly provided by the Contract, unless otherwise modified in writing by the City. All instructions to the DBF shall be issued in writing. All instructions to the DBF shall be issued through the Director or Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The DBF shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant 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 Design -Build Services for Brickell Bay Drive 22 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 and will not be responsible for the DBF's failure to execute the Work in accordance with the Contract Documents. The Project Manager and Consultant 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 DBF, any Sub-DBF, subconsultants, subcontractors, suppliers 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 shall notify the DBF in writing where the Work does not comply with the scope of services. The Project Manager will not be responsible for the acts or omissions of the DBF, any Sub-DBF, Subconsultant, or any of their agents or employees, or any other persons performing any of the Work. 24. Inspection of Work Inspectors and the City shall at all times have access to the Work during normal work hours, and DBF shall provide proper facilities for such access and for inspecting, measuring, and testing. Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, DBF shall give Project Manager and Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be uncovered for examination, and properly restored at DBF's expense. Unless otherwise provided, the DBF shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The DBF shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if so ordered, the Work must be uncovered by DBF. 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, DBF shall pay such cost. The DBF shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate DBF caused by the DBF'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 Project Manager or Consultant. Design -Build Services for Brickell Bay Drive 23 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 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 DBF to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the DBF will constitute a breach of this Contract. 25. Taxes DBF shall pay all applicable sales, consumer, use, and other taxes required, assessed, or levied by law. DBF is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 26. Separate Contracts Prior to the commencement of the Work, the Project Manager will notify the DBF of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The DBF shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. DBF shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the DBF in coordinating the Work. However, the sole responsibility for coordination rests with the DBF. If any part of DBF's Work depends for proper execution or results upon the work of any other persons, DBF shall inspect and promptly report to Project Manager and Consultant any defects in such work that render it unsuitable for such proper execution and results. DBF'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 DBF's Work, except as to defects that may develop in other DBF's work after the execution of DBF's Work. DBF shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work, so as to create no interference or impact on any other DBF on the site. Should such interference or impact occur, DBF shall be liable to the affected DBF for the cost of such interference or impact. To ensure the proper execution of subsequent Work, DBF shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 27. 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 City for the use of DBF. Lands of Work shall be as depicted in Exhibit A, "Project Phasing and Staging." Additionally, the DBF may close existing driveways and entrances as reasonably necessary, with prior written approval by the City. Excluding Privately Owned bottom and sovereign submerged lands, DBF shall provide, at DBF'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. DBF shall furnish to City copies of written permission obtained by DBF from the owners of such facilities. 28. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour/seven-day a week schedule. DBF shall ensure that the performance of the Work does not affect any ongoing operations at Project(s) 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 to minimize interference to regular and emergency operations of the facility. During progress of Work under this Contract, it may be necessary for other DBFs, and persons employed by the City to Work in or about the Project. The City reserves the right to put such other Design -Build Services for Brickell Bay Drive 24 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 DBFs to work and to afford such access to the Project site of the Work to be performed hereunder at such times, as the City deems proper. If this Contract requires a portion of the Work to be tied into work done under other Contract(s), it will be necessary for DBF to plan its Work and cooperate with other DBFs as far as possible to prevent any interference and delay. The DBF shall not impede or interfere with the work of other DBFs engaged in or about the Work and shall so arrange and conduct its Work that such other DBFs may complete their work at the earliest date possible. 29. Differing Site Conditions Except as provided otherwise in this Agreement, no adjustments to the Contract Time or Contract Price shall be approved due to differing site conditions which should have been reasonably contemplated by the DBF. 30. 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 DBF only, and no responsibility is assumed by either the City for their accuracy or completeness. The DBF is responsible for locating all underground utilities. The DBF shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The DBF 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 DBF commences any digging. Any request for additional compensation or contract time resulting from encountering utilities not shown in the Drawings may be considered at the discretion of the City. Relocation of all WASD facilities will be performed by WASD's forces and coordinated via a utility work schedule. The Design -Build Firm shall be aware that there is a 102-inch force main in 15th Road that under no circumstances may be impacted during construction activities. 31. DBF's Responsibility for Utility Properties and Service Where DBF's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the DBF shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. The DBF shall notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance, and, before any excavation or ground -disturbing activity, shall call Sunshine State One -Call of Florida, Inc. (811) to locate any underground utilities that may be affected by the Work in the manner provided in Section 556.105, Florida Statutes. The DBF and its Sub-DBFs shall be 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 to properly marked underground facilities which may result from the construction operations under the Contract Documents, as provided by applicable law. Neither the City nor its officers or agents shall be responsible to the DBF for damages because of the DBF'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 to properly marked utilities due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as Design -Build Services for Brickell Bay Drive 25 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 provided by applicable law. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. Except for WASD facilities, in the event water service lines that interfere with trenching are encountered, the DBF 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 DBF's expense and as approved by the Project Manager or Consultant. In the event of injury or damage to, or relocation or removal of properly marked utilities owned by the City, DBF shall replace damaged sections with material approved by the Project Manager or Consultant without cost to City, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. 32. 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 DBF shall field -verify all locations. DBF 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. 33. 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 at the direction of the Project Manager or Consultant at the DBF's expense but not to exceed $40,000.00 in the aggregate. If existing structures are encountered that will prevent construction as shown, the DBF shall notify the Project Manager or Consultant before continuing with the Work in order that the Project Manager or Consultant may make such field revisions as necessary to avoid conflict with the existing structures. Where the DBF fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the DBF does so at his own risk. 34. DBF's Use of Project Site(s) Limitations may be placed on the DBF's use of the Project(s) 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 DBF at his sole discretion based on availability of space. The DBF shall also coordinate and schedule deliveries to minimize disruptions to City day-to-day operations. The DBF shall limit its use of the Project site(s) to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. ■ The DBF shall: • Confine operations at the Project(s) site(s) to the areas permitted by the Contract Documents and Permits; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) 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 in conformance with the Contract Documents and Permits; 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. Design -Build Services for Brickell Bay Drive 26 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. Any substantial or material change in the use of the Project Site following the execution of this Agreement, which causes a change in the Design Development Documents, will entitle the DBF to request an equitable adjustment to Contract Time and Contract Price. Allied, incidental, and related Uses, however, are included in Basic Services. 35 Materials and Equipment DBF warrants to City, that all materials and equipment furnished under the Contract will be new unless otherwise specified and that all of the Work will be of the highest quality, free from faults and defects, and in conformance with the Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, DBF 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. 36. 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 DBF 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. 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 with freight and shipping paid, FOB job site. The DBF shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Project Manager with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The DBF shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the DBF-Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Design -Build Services for Brickell Bay Drive 27 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Inspection Immediately upon receipt of equipment and materials at the jobsite, the DBF shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the DBF 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 DBF shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) 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 DBF'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 DBF 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. 37. Manufacturer's Instructions The DBF shall: Comply with manufacturer's requirements for the handling, delivery, storage, and installation of all materials, and equipment. Where required by the Contract Documents, DBF 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. Design -Build Services for Brickell Bay Drive 28 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 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(s) 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 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 DBF and the Project Manager with a written report of field observations. 38. Manufacturer's Warranty DBF 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 DBF against factory defects and workmanship. At no expense to the City, the DBF 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. All warranties shall commence on the date of beneficial use and occupancy of a particular phase. 39. Submittals DBF shall check and approve all shop drawings, 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 Project Manager or Consultant. DBF, 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 DBF shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the DBF to advise the Project Manager or Consultant of any deviations shall make the DBF 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 DBF and Sub-DBF firms, (if any) submitting drawings ■ Name of Project, Building or Facility ■ Specification Section title and number ■ DBF's Stamp of approval, signed by the DBF or his checker ■ Space above the title block for Project Manager' or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) ■ Date of submittal DBF 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 drawing submitted without the stamp and signature shall be rejected and it will be considered that the DBF has not complied with the requirements of the Contract Documents. DBF shall bear the risk of any delays that may occur because of such rejection. Design -Build Services for Brickell Bay Drive 29 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager or Consultant has returned approved submittals to the DBF. Project Manager shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the Project Manager. Project Manager'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 Project Manager or Consultant shall return the shop drawings to the DBF for their use and distribution. Should the submittal review take longer than fourteen (14) calendar days, the DBF may be entitled to an adjustment of Contract Time and Contract Price if the critical path is substantially or materially affected. Acceptance of any submittal shall not relieve the DBF of any responsibility for any deviations from the requirements of the Contract Documents unless the DBF has given written notice to the Project Manager of the specific deviations and the Project Manager has issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data and Samples, the DBF 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. DBF shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager or Consultant's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Sub-DBF, suppliers, and other affected parties or entities that require the information. The DBF shall also provide copies of all plans approved and permitted by the required governing authorities. The DBF shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager or Consultant's acceptance thereof. The DBF warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the Project Manager or Consultant's review of Shop Drawings, submittals, and samples shall be construed as authorizing additional work or increased cost to the City. 40. Shop Drawings, Working Drawings, and Samples The DBF shall submit to the Design Criteria Professional for acceptance, if any, such working drawings, shop drawings, test reports, and data on materials and equipment, and material samples as are included in the Design Documents prepared by the DBF, or in the Design Criteria Package. SHOP DRAWINGS: The term "Shop Drawings" shall be construed to mean DBF's plans for material and equipment, which becomes an integral part of the Project. Shop drawings shall consist of fabrication, erection and setting drawings and schedule drawings, manufacturer's scale drawings, wiring and control diagrams, material and equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction, and similar descriptive material. Shop drawings shall be prepared in a manner and sufficient detail to enable the City to determine compliance with all contract documents, and City of Miami design standards, as applicable. Drawings and schedules shall be checked and coordinated with the work of all trades involved before they are submitted for review by the City and shall bear the DBF's stamp of review and acceptance as evidence of such checking and coordination. Design -Build Services for Brickell Bay Drive 30 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 If drawings show variation from Contract requirements because of standard shop practice or for other reasons, the DBF shall describe such variations in his letter of transmittal. If acceptable, proper adjustment in the Contract shall be implemented where appropriate. If the DBF fails to describe such variations, he shall not be relieved of the responsibility for executing the Work in accordance with the Contract, even though such drawings have been reviewed. WORKING DRAWINGS: The term "Working Drawings" shall be construed to mean the DBF's plan for temporary structures such as temporary bulkheads, support of open cut excavation, support of utilities, groundwater control systems, forming and false work for underpinning, and for such other work as may be required for construction but does not become an integral permanent part of the Project. Working Drawings shall be submitted to the Project Manager at least thirty (30) calendar days (unless otherwise specified) in advance of their being required for the Work. Working Drawings, where required, shall be prepared, signed, and sealed by a registered professional engineer currently licensed to practice in the State of Florida. Working Drawing submittals are required to verify compliance with this provision. The DBF and the DBF's engineer assume all risks of error; the City shall therefore have no responsibility. DBF'S RESPONSIBILITY - The DBF shall: 1. Check all drawings, data, and samples prepared by or for him before submitting them to the Project Manager for review. 2. Stamp each data Submittal with "DBF's Stamp" indicating that they have been checked. Shop drawings submitted to the Project Manager without the "DBF's Stamp" will be returned for nonconformance with this requirement. 3. Determine and verify field measurements and construction criteria. 4. Determine and verify specific catalog numbers and similar data (other catalog or manufacturer's data not pertinent to the submittal shall be crossed or marked out). 5. Determine and verify general conformance with the Design Criteria Package. 6. Not begin any work covered by a shop drawing returned for correction until a revision or correction thereof has been reviewed, accepted, and returned to the DBF by the Project Manager. The DBF shall be responsible for and bear all costs for damages, which may result from the ordering of any material or from proceeding with any part of the work prior to the review and acceptance by the City of the necessary shop drawings, unless such work or material is later accepted at the discretion of the City; if not accepted DBF assumes such risk at its own expense. 7 Execute the construction in accordance with shop drawings as returned by the City with no exceptions or as noted and shall make no further changes therein except upon written instruction from the Engineer, which shall be submitted to Design Criteria Professional for its consent. 8. Submit to the Project Manager all shop drawings, samples, and schedules sufficiently in advance of construction requirements to provide no less than thirty (30) calendar days for checking, and appropriate action. 9. List exceptions to the Design Criteria Package taken by the DBF in the letter of Shop Drawing Transmittal to the Project Manager. CITY'S RESPONSIBILITY - The CITY will: 1. Review shop drawings, data, and samples submitted by the DBF to interpret the work depicted on such Submittal to be in general conformance with the design concept and in general compliance with the Contract requirements. The City's review and comments, if any, constitutes a limited, conditional, or qualified permission to use such materials, Design -Build Services for Brickell Bay Drive 31 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 equipment, or methods and does not constitute an acceptance of dimensions, quantities, details of the material, equipment, device, or item submitted. The City is not responsible for the accuracy or content of the submittals by the DBF. 2. Review and return shop drawing submittals within thirty (30) calendar days of receipt. 3. Reject and return shop drawings to the DBF without action (stamped "REJECTED") or review with the following applicable notation: a. "DBF's Stamp required - Incomplete Review by DBF," or b. "Submittal Incomplete - See Section ," or c. "Contract Variation Not Noted in Transmittal." SUBMITTAL PROCEDURES: Preliminary Shop Drawing Data: Within 20 days after the Award of the Contract, the DBF shall submit to the Project Manager a complete listing of manufacturers for all items for which shop drawings are to be submitted. Shop Drawing Submittal Schedule: Within 30 days after the Notice to Proceed, the DBF shall submit to the Project Manager a complete schedule of shop drawing submittals fixing the respective dates for submission, the beginning of manufacture, testing, and installation of materials, supplies, and equipment, noting those submittals critical to the progress schedule. Submittal Log: An accurate updated log of submittals maintained by the DBF and subject to review by the City at each scheduled progress meeting. When reviewed by the City each of the shop drawings will be identified as having received such review, being so stamped and dated. Shop drawings stamped "REJECTED" will be returned to the DBF for correction and re -submittal with the required correction indicated on the shop drawing or listed on a "Shop Drawing Review Sheet." If submitted drawings or schedules show a departure or variation from the Contract Requirements which are in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. If the DBF makes a determination that conflicts with any part of the Design Criteria Package, the DBF shall give written notice thereof to the Project Manager. This does not constitute a change order until accepted by the City. Re -submittals will be handled in the same manner as first submittals. On re -submittals, the DBF shall direct specific attention on the transmittal and on re -submitted shop drawings to revisions other than the corrections requested by the Project Manager on previous submissions. The DBF shall make any corrections required by the Project Manager. The Project Manager will review a Submittal/re-submittal a maximum of two (2) times after which the cost of review will be borne by the DBF at the Project Manager's standard hourly rate. No partial submittals will be reviewed. Submittals not complete will be returned to the DBF and will be considered "Rejected" until properly resubmitted. DBF shall submit a minimum of five (5) sets, plus additional sets as required by his Sub-DBF's, of each shop drawing Submittal for review. 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 Design -Build Services for Brickell Bay Drive 32 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 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. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the DBF. Calculations, when required, shall be submitted in a neat clear and easy format to follow. DBF shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 41. Product Data DBF shall submit four (4) copies of product data, warranty information, and operating and maintenance manuals in the same manner as shop drawing submittals. Each copy must be marked to identify applicable products, models, options, and other data. DBF shall supplement manufacturer's standard data to provide information unique to the Work. DBF 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. DBF shall submit a draft of all product data, warranty information, and operating and maintenance manuals at 50% completion of construction. 42. Record Set DBF shall maintain in a safe place at the Project(s) site(s) a copy of the Contract, one record copy and one permit set of the Contract documents, including, but not limited to, all Drawings, Specifications, accepted shop drawings, amendments, Change Orders, RFIs, and Field Directives, field and performance test records, construction progress schedules, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by DBF 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. DBF shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay DBF, the DBF shall provide evidence, satisfactory to the Project Manager, that DBF is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project(s) 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 for reference. Upon completion of the Work and as a condition precedent to DBF's entitlement to final payment, the record documents shall be delivered to the Project Manager by the DBF. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot and .dwg files. 43. Supplemental Drawings and Instructions Included as part of this Agreement there is a set of drawings and specifications produced by Tetra Tech, Inc., the Design Criteria Professional for this project. The Project Manager or Design Criteria Professional shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning Design -Build Services for Brickell Bay Drive 33 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. Project Manager or Design Criteria Professional 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. 44. DBF Furnished Drawings A Contract Documents may require the DBF 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 Project Manager and/or Consultant 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 Project Manager or Design Criteria Professional prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the DBF from responsibility for errors and omissions in the drawings. 45. 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 the Engineer of Record if sufficient information is submitted by DBF to allow City and the Engineer of Record 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 from anyone other than DBF will not be accepted by either the City or the Engineer of Record. If DBF wishes to furnish or use a substitute item of material or equipment, DBF shall make application to the Engineer of Record 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 DBF'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 DBFs affected Design -Build Services for Brickell Bay Drive 34 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 by the resulting change, all of which shall be considered by the Engineer of Record in evaluating the proposed substitute. The Engineer of Record may require the DBF to furnish at DBF'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, DBF may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Engineer of Record, if the DBF submits sufficient information to allow the Engineer of Record 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 Engineer of Record shall be the same as those provided herein for substitute materials and equipment. The Engineer of Record and the RPW Director or RPW Director's designee shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Engineer of Record's prior written acceptance, which shall be evidenced, by either a Change Order or an approved submittal. The City and the Engineer of Record may require the DBF to furnish at DBF's expense a special performance guarantee or other surety with respect to any substitute. If the City and the Engineer of Record reject the proposed substitute, at their discretion, the City may require the DBF to reimburse the City for the charges for evaluating the proposed substitute. DBF 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. 46. City Furnished Drawings The Design Criteria Package, as required by Florida Statute §287.055, Florida Statutes, has been prepared by Tetra Tech, Inc. The DCP establishes the design criteria necessary for the DBF to perform the Work under this Project. 47. 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(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the DBF agrees to abide by the Project Manager or Consultant's interpretation and perform the Work in accordance with the decision of the Project Manager or the Consultant. In such event, the DBF will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 48. Product and Material Testing The DBF must provide for its own construction quality assurance and quality control inspections, testing and material certifications and not rely upon the City for these services. The City will not be responsible for materials testing of any type (e.g., grout for rock/soil anchors). All quality assurance services as may be required by the approved project specifications shall be the responsibility of the DBF. 49. Field Directives The Project Manager or Consultant may at times issue Field Directives based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the DBF shall be required to comply with the directive. Where the DBF believes that the directive is outside the scope of the Work, the DBF shall, within 48 hours, notify the Project Manager that the work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the DBF may be required to submit a request for a change to the Contract. Where the DBF is notified of the City's position that Design -Build Services for Brickell Bay Drive 35 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 the Work is within the scope and the DBF disagrees, the DBF shall notify the Project Manager that the DBF reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the DBF refuse to comply with the directive. Failure to comply with the directive may result in a determination that the DBF is in default of the Contract. 50. 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(s) 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. 51. Continuing the Work DBF 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. 52. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) 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 85, Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, DBF shall promptly proceed with the change in the Work involved and advise the Project Manager, and Director in writing within seven (7) calendar days of DBF'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, DBF 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 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 Project Manager expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager may direct, order, or require the DBF to perform any Work including that which the DBF deems to be Extra Work. The DBF Design -Build Services for Brickell Bay Drive 36 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 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 Project Manager stating why he 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 Project Manager 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. 53. 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 for 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 DBF outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the DBF is required to start the Extra Work immediately. The DBF is required to obtain permission for an extension to start the Extra Work if it is beyond the DBF's ability to start within the allotted timeframe. The DBF 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 DBF 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 DBF 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 DBF's Change Proposal Request. The DBF'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(s). If the DBF fails to notify the Project Manager of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by the DBF that the proposed Extra Work will not have any scheduling consequences. The DBF agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager 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 DBF 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 DBF of the Change Order shall serve as a release of the City from all claims and liability to the DBF 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 DBF shall, within five (5) business days, submit a revised Project Schedule reflecting the changes against the baseline schedule. 54. 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. 55. 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. Design -Build Services for Brickell Bay Drive 37 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ By mutual acceptance of a lump sum, which DBF and Project Manager acknowledge, contains a component for overhead and profit. ■ Based on the "cost of Work," determined as provided in this, plus a DBF'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 DBF in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, 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 DBF in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and DBF. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned based on their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and 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 DBF unless City deposits funds with DBF 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 DBF shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from DBF 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, DBF shall obtain competitive bids for the Change Order Work. DBF and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Sub-DBF is to be paid based on the cost of the Work plus a fee, the Sub-DBF's cost of the Work shall be determined in the same manner as DBF's cost of the Work. All Sub-DBFs shall be subject to the other provisions of the Contract Documents as far as applicable. The term "cost of the Work" shall include any of the following: ■ Cost of special consultants, including, but not limited to, consultants, engineers, 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 DBF'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 DBF. Design -Build Services for Brickell Bay Drive 38 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ Sales, use, or similar taxes related to the Work, and for which DBF is liable, imposed by any governmental authority. ■ Deposits lost for causes other than DBF'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 the Work" shall not include any of the following: ■ Payroll costs and other compensation of DBF's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, engineers, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by DBF 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 DBF's fee. ■ Expenses of DBF's principal and branch offices other than DBF's office at the site. ■ Any part of DBF's capital expenses, including interest on DBF's capital employed for the Work and charges against DBF for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not DBF 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 DBF, any Sub- DBF, Sub -consultant, 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. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. DBF's fee allowed to DBF 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 DBF self -performs the Work, DBF's fee shall not exceed ten percent (10%); • Where a Sub- DBF performs the Work, DBF '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 Sub- DBF as a fee for overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by DBF to City for any such change that 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 calculated based on the net increase. If any, however, DBF shall not be entitled to claim lost profits for any Work not performed. Design -Build Services for Brickell Bay Drive 39 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Whenever the cost of any Work is to be determined pursuant to this Article, DBF will submit in a form acceptable to Project Manager an itemized cost breakdown together with the supporting data. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit, or no change -in -cost, DBF shall submit an initial cost estimate acceptable to the Project Manager. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment, and other items of cost. ■ Whenever a change involves DBF and one or more Sub-DBFs, and the change is an increase in the Contract Price, overhead and profit percentage for DBF and each Sub- DBF 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 the Work." 56. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case of extenuating circumstances, the City may nevertheless issue a directive to the DBF to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the DBF shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the DBF shall be entitled to initiate a dispute pursuant to the Article 85, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the DBF disputes. Such dispute must relate to specific matters raised and/or reserved by the DBF in its proposal, and which have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the DBF's claim including the manner that the disputed item was specified in the DBF's proposal. During the pendency of any dispute hereunder, the DBF 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 DBF will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the DBF'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 DBF for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the DBF or his Sub-DBF. Any exceptions must be approved by the Project Manager. "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 DBF 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 Design -Build Services for Brickell Bay Drive 40 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 (including small power tools), as determined by the Project 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 DBF shall, at the end of each day, furnish 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 progresses, the DBF 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 DBF 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 DBF is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the DBF's own employees, the DBF will, subject to the approval of the Project Manager, be paid the actual cost to DBF of such Work, and in addition thereto five (5%) percent to cover the DBF'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. 57. As -Built Drawings During the Work, DBF shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager and prepare 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 DBF 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, electrical panel locations. ■ Project Manager or Consultant's schedule changes according to DBF'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. Design -Build Services for Brickell Bay Drive 41 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ Changes made by Project Manager's or Consultant's written instructions or by Change Order. 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 building or building additions as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. 58. Worker's Identification The DBF's employees, who include any Sub-DBF, and/or Subconsultant, shall wear an identification card provided by the DBF, or some other form of identification to the satisfaction of the City. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a DBF's employee to wear such identification may result in his removal from the Work until the identification card is obtained and worn. Such removal shall not function as a basis for the DBF to submit a claim for an extension of time. 59. Removal of Unsatisfactory Personnel The City may make written request to the DBF for the prompt removal and replacement of any personnel employed or retained by the DBF, or any or Sub DBF engaged by the DBF to provide and perform services or Work pursuant to the requirements of the Contract Documents. The DBF 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 DBF agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 60. Substantial Completion and Punch List The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and 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 Project Manager and the DBF shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the DBF from its obligation to complete the Project. When the DBF believes that the Work is substantially complete, the DBF shall request in writing that the Project Manager inspects the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the DBF 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 request for Substantial Completion Inspection shall include a written certification that: ■ Design Criteria Package has been reviewed. ■ Work has been inspected by the DBF for compliance with the Design Criteria Package. ■ Work has been completed in accordance with the Design Criteria Package. ■ Equipment and systems have been tested in the presence of the Project Manager and/or other City representatives and are operational. ■ Work is completed and ready for Substantial Completion inspection. The Project Manager shall schedule the date and time for any inspection and notify the DBF 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 Design -Build Services for Brickell Bay Drive 42 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the DBF from its obligations as detailed in the Design Criteria Package and the Contract. The Punch List shall be signed by the Project Manager, and the DBF confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the DBF to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the DBF from complying with 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 Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. When the Project Manager determines, on the appropriate form, that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the DBF shall request another Substantial Completion inspection. The Project Manager and the DBF shall agree on the time required to complete all remaining Work included in the Punch List. The City will prepare a Certificate of Substantial Completion in the appropriate form, which 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 d 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. Substantial completion shall be determined on a phase -by -phase basis, to include an individual Temporary Certificate of Occupancy (TCO) and a punch list per phase. 61. Acceptance and Final Payment Upon receipt of written notice from DBF that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant find 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 Project Manager, stating 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, DBF shall deliver to the Project Manager a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers, Subconsultants, and Sub DBF s 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. DBF shall deliver the written DBF'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 DBF, and Project Manager so certifies, City shall, upon such certification, and without terminating the Contract, 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. Design -Build Services for Brickell Bay Drive 43 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The acceptance of final payment shall constitute a waiver of all claims by DBF, except those previously made in strict accordance with the provisions of the Contract and identified by DBF as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the DBF in writing of the closeout of the Project. 62. NDPES Requirements DBF 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 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/. DBF is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 63. Force Majeure Should any failure to perform on the part of DBF 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 DBF is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the DBF shall request a time extension from the City within two (2) working 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 DBF for extra compensation unless additional services are required. Requests for time extensions shall not include acts or omissions of Sub-DBFs. 64. Extension of Time Any reference in this section to the DBF shall be deemed to include material persons, suppliers, laborers and permitted Subconsultants and Sub-DBFs, whether or not in privity of contract with the DBF for the purpose of this article. If the DBF 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 DBF by reasonable investigation before proceeding with the Work. • The DBF demonstrates that the completion of the Work will be actually and necessarily delayed. • The effect of such cause cannot be reasonably avoided or mitigated by the exercise of reasonable precautions, efforts, and measures before the occurrence of the cause of delay. Examples of Excusable delay include the following: • Delays in permitting not caused by DBF or its subconsultants; • Delays in acquiring permission to gain access or permission to work on or adjacent to the sovereign submerged lands and/or privately owned bottom; • Weather delays that impact the critical path by at least half a day as reasonably determined by the Project Manager; • Named Storm, including time to make the site safe and resume normal operations. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. Design -Build Services for Brickell Bay Drive 44 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the DBF 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 Project Manager will not rescind or shorten any extension previously granted if the DBF 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 DBF. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the DBF 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 Project Manager may require the DBF to furnish such additional information or documentation, as the Project Manager shall deem necessary or helpful in considering the requested extension. The DBF shall not be entitled to an extension of time unless the DBF affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the DBF's request for Excusable Delays in a reasonable period of time; however, the DBF shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the DBF agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the DBF shall promptly give the Project Manager 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 DBF 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 DBF, 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 DBF in default. 65. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by DBF to the Project Manager within ten (10) business 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 Project Manager allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by DBF's written notarized statement that the adjustment claimed is the entire adjustment to which the DBF 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 Project Manager in accordance with Article 67, DBF's Damages for Delay hereof, if City and DBF 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 DBF 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 Design -Build Services for Brickell Bay Drive 45 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 separate DBF employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 66. Extension of Time not Cumulative In case the DBF shall be delayed for any period of time by two or more of the causes mentioned in Article 68, Excusable Delays the DBF shall not be entitled to a separate extension for each one of the causes; only one period of extension shall be granted for the delay. 67. DBF's Damages for Delay No claim for damages or any claim, other than for an extension of time including compensable time, shall be made or asserted against the City due to any delays, except as provided herein. Delays caused by the City including without limitation: delays in processing or approving shop drawings, omissions in the Design Criteria, samples or other submittals or the failure to render determinations, approvals, replies, inspections, or tests of the Work, in a timely manner, City's failure to gain the rights and/or permissions to access the privately owned bottom and the sovereign submerged lands that are adjacent to (and/or within) the Project. DBF shall be entitled to a Compensable Delay. In the event excusable delays and Compensable Delays exceed ninety (90) calendar days in the aggregate, the DBF may be entitled to submit a claim for Compensable Delay in accordance with FDOT Standards for Road and Bridge Construction, which may or may not be approved by the City. 68. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of DBF, its Sub-DBF's, subconsultants, subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by DBF or its Sub-DBFs, subconsultants, subcontractors, suppliers or vendors and by the City. Then DBF shall be entitled only to a time extension and no compensation for the delay. DBF is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. DBF shall document its claim for any time extension as provided in Article 65, Notification of Claim, hereof. Failure of DBF to comply with Article 65, 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. 69. 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 DBF. 70. Uncovering Finished Work The Project Manager's, and/or Inspector's right to make inspections shall include the right to order the DBF to uncover or take down portions of finished Work. The Project Manager shall notify the DBF in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down, the replacing, and the restoration of the parts removed will be treated as Extra Work for 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 DBF. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by Design -Build Services for Brickell Bay Drive 46 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing, and restoring at the Project site. 71. Correction of Work Project Manager or Consultant shall have the authority to reject or disapprove of Work that Project Manager or Consultant finds to be defective. If required the DBF shall promptly correct all Work rejected by the Project Manager or Consultant 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 DBF shall bear all direct, indirect, and consequential costs of removing and/or correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The DBF 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 DBF 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 Project Manager, and in the event of failure to so comply, the DBF does hereby authorize the City to proceed to have such Work done at the DBF's expense and that the DBF will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the DBF'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 DBF's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the DBF 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 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 DBF 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. 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. 72. Maintenance of Traffic and Public Streets Scope of Work ■ The DBF 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 DBF's Bid. 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), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The DBF 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 DBF 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 Design -Build Services for Brickell Bay Drive 47 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 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 Project Manager or Consultant, the DBF shall arrange 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 DBF 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 DBF 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 DBF shall provide necessary access to all adjacent property during construction. ■ The DBF 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 DBF shall be responsible for providing the Project Manager 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 DBF, and certified under FDOT Procedure NPIL No. 625-010-010. ■ Where excavations are to be made near 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), 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 DBF shall notify the Traffic Division 24 hours in advance of the construction date or 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. Maintenance of Traffic for Bypass Pumping ■ The DBF 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, the following shall apply: ■ Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency Design -Build Services for Brickell Bay Drive 48 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 departments (some police jurisdictions may require considerably more notice). Lane closures of a one (1) day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 73. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the Design Criteria Package. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the DBF'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 DBF because of minor discrepancies in actual and/or planned location of utilities, and damages suffered as a result thereof. The DBF 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. Except for WASD Facilities, the DBF shall pay for relocation of water mains or other utilities for the convenience of the DBF. All charges by utility companies for temporary support of its utilities shall be paid for by the DBF. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. Except for WASD Facilities, no additional payment will be made to the DBF for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The DBF shall exert its best efforts to schedule the Work in such a manner that the utility providers relocating or supporting their utilities do not delay the Work. The DBF 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 DBF for any loss of time or delay, except as otherwise provided in the Contract Documents. 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. After providing DBF a Notice to Cure, the City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the DBF. In the event the DBF is required to make repairs by the Utility Owner, such repairs made by the DBF 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. 74. Stop Work Order The City may, at any time, by written order to the DBF, require the DBF to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the DBF, and for any further period to which 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) days (or the lesser period specified) after a Stop Work Order is delivered to the DBF, 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 82, Termination for Convenience. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the DBF shall resume the Work without compensation to the DBF for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manager, the DBF may have been delayed by such suspension. In the event the Project Manager or Consultant determines that the suspension of Work was necessary Design -Build Services for Brickell Bay Drive 49 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 due to DBF's defective or incorrect Work, unsafe Work conditions caused by the DBF, or any other reason caused by DBF's fault or omission, the DBF shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. In the event Stop Work Orders exceed thirty (30) days, the DBF shall be entitled to reasonable demobilization and remobilization costs. The City will have sole discretion in determining reasonableness of the DBF's request. 75. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the DBF, 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 Project Manager 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 DBF to additional Contract time as non- compensable, excusable delay, and shall not give rise to a claim for compensable delay. 76. 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(s). 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, DBF shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. 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 DBF in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ DBF shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager. ■ Upon Project Manager's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. ■ DBF shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager 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, Project Manager 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 DBF 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 because of such partial occupancy or use. Consent of DBF and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. Design -Build Services for Brickell Bay Drive 50 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 77. Cleaning Up; City's Right to Clean Up DBF shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. During construction, the DBF shall sprinkle with water, sweep, and use other means to eliminate dust annoyance to adjacent properties. At the completion of a Project(s), DBF shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery, and surplus materials. If DBF 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 DBF. If a dispute arises between DBF and separate DBFs as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the DBFs responsible therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 78. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, DBF, if notified to do so by City, shall promptly remove any part or all of DBF's equipment and supplies from the property of City. If the DBF does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of DBF. 79. Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the DBF, 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 DBF to the City. The City shall notify the DBF in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the DBF in accordance with the Local Government Prompt Payment Act. 80. Event of Default An event of default shall mean a breach of the Contract or by the DBF. 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, the following: ■ The DBF has not performed the Work in a timely manner. ■ The DBF 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 DBF has failed to make prompt payment to Sub DBF, Subconsultant or suppliers for any services or materials they have provided. ■ The DBF has become insolvent or has assigned the proceeds received for the benefit of the DBF's creditors, or the DBF has taken advantage of any insolvency statute or debtor/creditor law or if the DBF's affairs have been put in the hands of a receiver. ■ The DBF has failed to obtain the approval of the City where required by the Contract. ■ The DBF has failed in the representation of any warranties stated herein. ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the DBF's ability to perform the Work, the City shall notify the DBF 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 DBF's ability to perform in accordance with the Design -Build Services for Brickell Bay Drive 51 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 terms of the Contract Documents. In the event that the DBF 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 DBF shall have no further recourse of any nature for wrongful termination. 81. Notice of Default -Opportunity to Cure In the event that the City determines that the DBF is in default of their obligations under the Contract, the City may notify the DBF, specifying the basis for such default, and advising the DBF that such default must be cured within a specified time frame, or the Contract with the City may be terminated. 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 DBF and any such costs incurred will be deducted from any sums due to the DBF under any contract with the City. The time to cure shall be reasonable, but under no circumstances shall the time to cure be less than ten (10) days. 82. Termination for Default If DBF fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then DBF 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 DBF, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to DBF while DBF 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. DBF understands and agrees that termination of this Contract under this Article shall not release DBF from any obligation accruing prior to the effective date of termination. Upon Termination for Default, and the City fully satisfying all of its obligations under this Contract, the City shall have full use of the Work Product in connection with the City's completion and occupancy of the Project. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ DBF fails to obtain the insurance or bonding herein required by the Contract. ■ DBF fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. ■ DBF 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. Where it has been determined that the DBF has been erroneously terminated under this Article, such termination shall be deemed to have occurred under Article 84, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the DBF a written notice to cure. Design -Build Services for Brickell Bay Drive 52 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 83. Remedies in the Event of Termination for Default If a Termination for Default occurs, the DBF 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 DBF 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 DBF's failure to remove such items from the Project(s) site(s) as required. The DBF shall also remain liable for any liabilities and claims related to the DBF's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 84. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City Manager may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the DBF. Such Written Notice by the City Manager shall state the date upon which DBF shall cease all Work under the Contract and vacate the Project(s) site(s). The DBF shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project(s) 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 enough cause to withhold any payments due without recourse by DBF until all documentation is delivered to the City. In the event that the City Manager exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the DBF: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) 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; and ■ 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 DBF. Design -Build Services for Brickell Bay Drive 53 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ All payments pursuant to this Article shall be accepted by the DBF 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 DBF. ■ DBF shall not be entitled to recover lost profits, overhead or consequential damages because 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 the DBF under this Article, the DBF grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 85. Resolution of Disputes DBF understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Contract by the City shall be submitted for resolution in the following manner. The initial step shall be for the DBF to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the DBF and the Project Manager fail to resolve the dispute the DBF shall submit their dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification, the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the DBF and the Assistant Director -Contracts fail to resolve the dispute the DBF shall submit their dispute in writing within ten (10) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the DBF. Upon receipt of said notification, the Director shall review the issues relative to the claim or dispute and issue a written finding. DBF must submit any further appeal in writing within ten (10) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the DBF. Appeal to the City Manager for his/her resolution, is required prior to DBF being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or disapproved by the City Commission. DBF shall not be entitled to seek judicial relief unless: (i) It has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) A period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission for approval; or (iii) 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 or Termination of the Contract, the parties shall participate in NON -BINDING Design -Build Services for Brickell Bay Drive 54 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. The foregoing procedure consists of an administrative remedy that must be employed in the event of a dispute. Mediation shall occur in Miami -Dade County, and each party shall bear half the costs of the Mediation regardless of the outcome. Each party shall bear their own attorney's fees. 86. 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(s), and/or following the completion of the Project(s), 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 DBF agrees to include such similar contract provisions with all Sub-DBFs 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. 87. 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. 88. Permits, Licenses, Impact Fees, and Miscellaneous Items All applicable permit fees, and associated costs, including those assessed by the City, are the responsibility of the City. That also includes any other permit fees not directly related to the actual construction of the Project(s), 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 the DBF pursuant to the Contract Documents shall be secured and paid for by the City. It is DBF's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project(s) for whom a Certificate of Competency is required. 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 Design -Build Services for Brickell Bay Drive 55 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 reimbursed to the DBF 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 DBF shall be for the actual amount and in no event shall include profit or overhead of DBF. Permit fees related to the DBF's operations (e.g., permits for dumpsters, job trailers, etc.) are not reimbursable. The City substituted the requirement for a trench drain from the Design Criteria for an alternate system. In the event the design requires a trench drain or trench drain replacement items which cost DBF more than $594,800.00, DBF shall be entitled to a change not to exceed $250,000.00 to cover additional costs and margin associated with same. The Contract price is based on pin piles not being required for the wall. In the event pin piles are required, DBF shall be entitled to a change of not to exceed $1,500,000.00. The Bay Walk signage shall be designed and built to meet a $50,000.00 budget. In the event it costs more, DBF shall be entitled to an equitable adjustment. 89. Compliance with Applicable Laws, Ethics, and Public Records Laws The DBF shall comply with all applicable laws, regulations, building, planning, zoning, and construction codes of the Federal government, the State of Florida, the County, and the City including the City Charter and the City Code. The attention of the DBF 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 DBF and Sub-DBF doing business anywhere in the City. The DBF shall comply with all Ethics Codes, Statutes, and Ordinances of the State of Florida, Miami -Dade County, and the City of Miami. The Design —Build Firm shall comply with the Public Records Act, Chapter 119, Florida Statutes, including without limitation Florida Statute 119.0701, Florida Statutes, as applicable m, which provides: DBF shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE DBF HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMI.GOV, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. 90. Independent DBF Design -Build Services for Brickell Bay Drive 56 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The DBF is engaged as an independent business and agrees to perform Work as an independent DBF. In accordance with the status of an independent DBF, the DBF covenants and agrees that the DBF will conduct business in a manner consistent with that status, that the DBF 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 DBF's staff shall not be employees of the City, and the DBF 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 DBF's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the DBF as a Sub DBF s, Subconsultants, expert, consultant, independent DBFs, 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 DBF hereby agrees to indemnify, defend at its own cost and expense, and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 91. Third Party Beneficiaries Neither DBF nor City intends to benefit directly or substantially a third party by this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 92. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the DBF without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the DBF, 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 nullify this Contract. Any assignment without the City's consent shall be invalid. The DBF 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 assig nment. The DBF and the City each binds 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 Contract. 93. Materiality and Waiver of Breach City and DBF 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. Design -Build Services for Brickell Bay Drive 57 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 94. Severability In the event the any provision of the Contract Documents or any sentence, section or provision of any term therein, 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. 95. Applicable Law and Venue of Litigation; Attorney's Fees This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action 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. Each party shall bear their own respective attorney's fees. The court may award the prevailing party court costs. 96. 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. 97. Entire Contract The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the DBF 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 same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed a waiver of any other breach of any provision of the Contract Documents. 98. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act DBF 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 Contract. DBF 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, DBF shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. DBF'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, 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. 99. Evaluation DBF acknowledges that upon completion of the 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 DBF. The performance evaluations will be kept in City files for evaluation on future solicitations. Design -Build Services for Brickell Bay Drive 58 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 100. 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. 101. 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. 102. 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 DBF, continue until completion at the same prices, terms, and conditions. 103. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of DBF which relate in any way to the Project(s), and to any claim for additional compensation made by DBF, and to conduct an audit of the financial and accounting records of DBF which relate to a Project(s) and to any claim for additional compensation made by DBF 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, DBF shall retain and make available to City all such books, records, and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). The DBF agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. DBFs shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. 104. No Interest Any monies not paid by City when claimed to be due to DBF under the Contract Documents, including, but not limited to, 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. 105. 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(s) with respect to defective Work, equipment, or materials, which may be identified by the Project Manager. The City may deduct from any payment due the DBF an amount equal to its cost incurred on account of the DBF's failure to fully perform its obligations under the Contract. Design -Build Services for Brickell Bay Drive 59 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The Project Manager, prior to withholding or deducting any monies hereunder, shall give the DBF notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the DBF has fulfilled its obligations, the City will pay the DBF any monies owed, subject to DBF's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents. The City's decision to withhold any payments shall be subject to any and all prior notices and opportunities to cure. 106. Consent of City Required for Subletting or Assignment If the DBF assigns, transfers, sublets, or otherwise disposes of the Contract or its right, title, or interest in or to the same or any part thereof, in whole or in part, 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 DBF to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the DBF for the benefit of its creditors, made pursuant to applicable law. 107. Agreement Limiting Time in Which to Bring Action against the City In the event the DBF may be deemed to have a cause of action against the City, no action shall lie or be maintained by the DBF 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. 108. 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 expressly provided herein, the DBF shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance, which the City may require of the DBF. 109. 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 regulations, upon thirty (30) days' notice. 110. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the DBF'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 DBF, the City, may at its expense, elect to participate in the defense of the claim if the City should so Design -Build Services for Brickell Bay Drive 60 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the DBF fails to diligently defend such claim, and thereafter seek indemnity for such cost from the DBF. 111. 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 DBFs in writing of such extensions. 112. Non -Exclusivity It is the intent of the City to enter into a Contract with all Successful Proposer(s) 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 DBF, or perform the Work with its own employees. 113. Nature of the Contract The DBF shall provide the services set forth in the Contract Documents. The DBF shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The DBF acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the DBF shall perform the same as though they were specifically mentioned, described, and delineated. The DBF 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. 114. Contract Documents Contains 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. 115. Applicable Law and Venue of Litigation This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action 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. 116. 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 DBF and the City under the Contract, which by nature would continue beyond the termination, cancellation, or expiration thereof, shall survive termination, cancellation, or expiration thereof. 117. Joint Preparation Preparation of this Contract has been a joint effort of the City and DBF and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 118. Nondisclosure To the extent allowed by law, DBF agrees not to divulge, furnish or make available to any third person, firm or organization, without Director or designee's prior written consent, or unless incident to the proper performance of the DBF's obligations hereunder, or in the course of judicial Design -Build Services for Brickell Bay Drive 61 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by DBF hereunder, and DBF shall require all of its employees, agents, Sub-DBFs, subconsultants, and subcontractors to comply with the provisions of this paragraph. 119. 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. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Brickell Bay Drive 62 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS 1. Scope of Work DBF shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by DBF, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering and other professional services, for the preparation of the required drawings, specifications and other submittals to permit DBF to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between City and any design or other consultants under contract to the DBF. 2. Contract Time The DBF shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work required by the Design Criteria at a rate of progress that will ensure completion of the Work within the Contract Time. DBF shall have five hundred and forty (540) calendar days to achieve Substantial Completion from the date of the Notice to Proceed ("NTP") for Phase 1 is issued. The City may issue NTP for Phase 2 within two hundred (200) calendar days from the issue of NTP for Phase 1, subject to available funding, so as not to delay timely achievement of substantial completion. DBF shall have an additional sixty (60) calendar days for Final Completion of the Contract, unless agreed otherwise by the City. The Work shall commence within ten (10) calendar days of DBF's receipt of the NTP unless the parties mutually agree otherwise in writing. If funding is not available for Phase 2 within 200 calendar days, the City has the right to Terminate for Convenience — Article 84. The City anticipates providing a partial NTP for the selected team to commence the engineering design. As the design progresses through the City review process, and both the environmental and building permits are issued, the City Manager or City Manager's designee will issue the required NTPs prior to the beginning of each phase. 3. Compensation The amount of compensation payable by the City to the DBF shall generally be a lump sum, not - to -exceed fee, based on the line items and amounts established in Exhibit A, attached hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed Thirty -Two Million Six Hundred Sixty -One Thousand Five Hundred Twenty Dollars and Zero Cents ($32,661,520.00), including Twenty -Two Million Nine Hundred Ninety -Nine Thousand Three Hundred Eighty -Four Dollars and Seventy -Nine Cents ($22,999,384.79) for Phase 1 Design and Construction, inclusive of a Dedicated Allowance for Permits and a ten percent (10%) Owner's Contingency, plus Nine Million Six Hundred Sixty -Two Thousand One Hundred Thirty -Five Dollars and Twenty -One Cents ($9,662,135.21) for Phase 2 Design and Construction, inclusive of a Dedicated Allowance for Permits and a 10% Owner's Contingency, on a phased basis, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the DBF have any recourse against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. Design -Build Services for Brickell Bay Drive 63 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 4. Progress Payments DBF may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. All applications shall be submitted in triplicate and the DBF shall only use the City's DBF Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the DBF 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 Article 4 of the Supplemental Terms and Conditions 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 Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to DBF within thirty (30) days after approval of DBF's application for payment. If scheduled payment is not received within 45 days after approval of a DBF's application for payment, the DBF may issue the City a written notice of non-payment. If after an additional 15 days the scheduled payment is not received, the DBF may stop work without penalty. The City shall issue all overdue payment, and remobilization costs if applicable, prior to the DBF resuming work. Five percent (5%) of all monies earned by DBF shall be retained by City until Substantial Completion is achieved for each Phase; and from that point on and until Final Acceptance by the City is achieved, and upon acceptable performance by the DBF. 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 DBF or City because of DBF's performance. ■ Failure of DBF to make payments properly to Sub DBF, Subconsultant, or for material or labor. ■ Damage to another DBF not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of DBF to provide any and all documents required by the Contract Documents. In the event the City intends to withhold payment, the City shall, within the time required for making payment, notify the DBF in writing detailing the reasons, therefore. The City will pay, and the DBF shall accept as full compensation for the Work, the sums specified in the DBF's submittal to the Contract Documents, as accepted by the City. DBF may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s) 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 DBF 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. Design -Build Services for Brickell Bay Drive 64 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 DBF retains sole liability to replace such stored materials or equipment because of damage or loss for any reason. Requests for payment that do not include the updated Project Schedule will not be processed for payment. 5. Liquidated Damages The DBF is obligated and guarantees to complete the Project in the time set forth in the Contract Documents, or any approved extension of time to which the DBF is entitled. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion, the DBF shall pay to the City for each and every calendar day of unexcused delay, the sum calculated in the table below in accordance with the appropriate Phase of the Project. The City shall notify the DBF that it is incurring liquidated damages. Contract Phase Amount Daily Charge Per Calendar Day $299,999 and under $904 $300,000 but less than $2,000,000 $1,685 $2,000,000 but less than $5,000,000 $2,667 $5,000,000 but less than $10,000,000 $3,813 $10,000,000 but less than $20,000,000 $5,021 $20,000,000 but less than $40,000,000 $7,442 $40,000,000 and over $10,224 plus 0.00005 of any amount over $40 million (Round to nearest whole dollar) The DBF shall also 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 DBF under any contract the DBF has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the DBF shall pay the difference upon demand by the City. Should the DBF 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. 6. Schedule of Values The DBF must submit three (3) copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice of Award. Each line item shall be identified with the number and title of the major specification section or major components of the items. The Project Manager or Consultant may require further breakdown after review of the DBF's submittal. The City reserves the right to require such information from the DBF as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for Mobilization and General Conditions under the Schedules of Values shall not exceed ten percent (10%) of the value of the Contract. The mobilization payment (five percent (5%) of the contract amount) shall be paid in one (1) payment of twenty-five percent (25%) upon issuance of NTP for Phase 1, and seventy-five percent (75%) in three (3) equal monthly installments after commencing mobilization. 7. Project Schedules DBF shall submit a proposed design -build Project schedule, with any sub -schedules of related activities that are essential to its progress, within ten (10) working days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultant's review, comment, Design -Build Services for Brickell Bay Drive 65 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 and acceptance. Subsequent to such review of said schedule, the DBF shall establish said schedule as the baseline Project Schedule. All Project Schedules shall be prepared in Microsoft Project 2003 or earlier unless otherwise approved by the Project Manager. At the time of submission of schedules, DBF shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. Maximum sheet size shall be 24 x 36 inches. The design build schedule shall be prepared in the form of a horizontal bar chart with separate horizontal bars for each design task, construction task in the critical path in chronological order. Provide horizontal time scale in weeks from the start of construction and identify the first workday of each month. Identify listings of any major equipment installation milestones. A. Content of Schedules; show or indicate the following: 1. Complete sequence of design by activity reflecting the Subconsultant responsible for the activity. 2. Complete sequence of construction by activity reflecting the DBF or Sub DBF responsible for each activity 3. Dates for the beginning and completion of each major element of design and construction in no more than a two -week incremental scale. 4. Items of work that must be accomplished to achieve substantial completion. a. Major disciplines or trades of work b. Filter downtime c. Time required for DBF's submittals, fabrication, and deliveries. d. Time required by DBF and the City to review all submittals. e. Time required by City to support any pre -operational and start-up testing. f. Time required for the relocation of utilities, if required. g. Activities performed by DBF. 5. Percentage of completion for each item as of the date the schedule was prepared. 6. Dates for DBF's submittals. 7. Dates for any required City -furnished materials or equipment. 8. Dates accepted submittals would be required from the City. In addition, the DBF shall provide: 1. Provide a list of all long lead items and their anticipated dates of delivery (equipment, materials, etc.) Monthly updates shall reflect actual versus projected, and any revised projections. 2. Provide a projected dollar cash flow spend down for each month of construction. Monthly updates shall reflect any change orders as well as actual versus projected, and any revised projections. All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application together with any updates to the long lead items list and the dollar cash flow spend down. An updated schedule against the baseline shall also be submitted upon execution of each change order that affects the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. Design -Build Services for Brickell Bay Drive 66 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Subsequent to review of the initial schedule submission, the DBF shall establish the reviewed schedule as the "baseline schedule." DBF shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 8. Release of Liens/Sub DBF's Statement of Satisfaction The DBF warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the DBF, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the DBF or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the DBF or such other person. The DBF shall, beginning with the second request for payment, attach a Partial Release of Lien/Sub-DBF, Subconsultant 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 performed by Sub-DBF, Subconsultant where no release of lien has been submitted. The DBF shall submit with the final payment request, for any Project(s) where Sub- DBF, and/or Subconsultant have performed Work, a Final Release of Lien/Sub-DBF, and Subconsultant Statement of Satisfaction for each Sub DBF, Subconsultant 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 Sub-DBF, and/or Subconsultant claims. Where the DBF has submitted a Performance/Payment Bond the DBF may, in lieu of the Release of Lien/Sub-DBF, Subconsultant Statement of Satisfaction, submit Consent of Surety to Requisition Payment. 9. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. DBF shall hold progress and coordination meetings as required by the Project Manager or Consultant, to provide for the timely completion of the Work. All progress meetings will be held at a location to be determined and agreed upon by the City and the DBF. DBF shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. DBF 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 understand clearly. During these meetings, DBF shall identify the party or parties responsible for following up on any problems, delay items, or questions, and DBF shall note the action to be taken by such party or parties. DBF shall revisit each pending item, including RFIs and Shop Drawing, at each subsequent meeting until resolution is achieved. DBF shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. DBF shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The DBF shall arrange for the participation of its Sub-DBF's, Subconsultants, and/or vendors when the Project Manager requires their presence. The DBF shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The DBF shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 10. Request for Information The DBF shall submit a Request for Information ("RFI") where the DBF 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 Design -Build Services for Brickell Bay Drive 67 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 interpretation is being requested. As part of the RFI, DBF shall include its recommendation for resolution. The Design Criteria Professional and City shall respond in writing. The City intends to use its best faith efforts to respond to all RFIs within seven (7) calendar days. 11. Project Site Facilities The DBF shall allow access to DBF's Project(s) site facilities to the Project Manager or Consultant. DBF's, Sub-DBF's, supplier's, material persons 's personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The DBF 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 DBF, his employees or his Sub-DBF's or subconsultants shall commit no public nuisance or use any facilities that have not been specifically provided for use by the DBF. The DBF shall furnish an adequate supply of drinking water for its and its Sub-DBFs' employees. There shall be adequate provisions made by the DBF to ensure all disposable materials are properly 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 Project Manager or Consultant. 12. Temporary Facilities, Utilities, and Construction Subject to the prior customary approval of any affected utility, copies of which must be submitted in advance to the Project Manager. DBF 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 DBF shall make all arrangements with the local utility companies. The DBF shall also be responsible for furnishing all materials and equipment necessary for the installation and maintenance of any temporary utilities. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. DBF shall furnish, install, and maintain temporary facilities required for construction, and shall remove them upon completion of the Work. All facilities shall comply with the respective federal, state, and local codes and regulations and with utility company requirements. Materials for temporary facilities may be new or used but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. The DBF shall be required to obtain all necessary permits required for any Project(s) site facilities and utilities. DBF shall also be responsible for maintaining such facilities in a safe and working condition. DBF shall be responsible for payment for all fees and charges for the installation and use of all temporary facilities and utilities. All such facilities and utilities remain the property of the DBF and the DBF shall be responsible for removal and disposal of such facilities prior to Final Acceptance. Temporary fences: If, during the course of the Work, it is necessary to remove or disturb any fencing, the DBF shall, at his own expense, provide a suitable temporary fence, which shall be maintained until the permanent fence is replaced. The Project Manager will be solely responsible for the determination of the necessity for providing a temporary fence and the type of temporary fence to be used. Responsibility for Temporary Structures: in accepting this Contract, the DBF assumes full responsibility for the sufficiency and safety of all temporary structures or work and for any damage Design -Build Services for Brickell Bay Drive 68 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the City from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provisions. 13. Project Laboratory Testing Services The DBF shall provide and pay for all Project Laboratory Testing Services to perform regulatory required testing, quality assurance, and quality control testing. The DBF is also responsible for all re -testing where the Work or materials fail a test. The City at its sole discretion may conduct separate independent testing for verification purposes. In instances where the City's testing does not verify the testing provided by the DBF, the DBF shall arrange for re -testing of the Work or replacement of the Work at its own cost. Where the DBF has re -testing performed, the City's Project Manager shall be notified in advance of such testing. Should such testing confirm the City's findings the DBF shall replace or correct all Work necessary to ensure compliance with the Contract Documents. In such instances all re -testing, re -work, and delays are the sole responsibility of the DBF. Any delays or costs to the DBF for testing or re -work that may result shall not form the basis for any claim by the DBF. DBF shall be responsible for the costs associated with all testing by the City where the Work is found to not comply with the Contract Documents. Costs for such retests shall be deducted from pending invoices. 14. 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 DBF shall have the right to erect fencing to prevent public access as reasonably required, with prior written approval by the City. The DBF shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project(s) site. The City shall not be liable for any damage or loss to such materials, tools, equipment, and Work and the DBF shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 15. Construction Signage Where required by the Contract Documents the DBF shall provide construction signage. The City shall provide the DBF with the wording and layout for the signs at the pre -construction conference. The DBF shall furnish the two City signs at the Project(s) Site(s) as follows: ■ The first sign must be four feet (4') wide and eight feet (8') high and constructed of pressure sensitive two (2)-mil cast vinyl over mounted with three (3)-mil Mylar and mounted to one (1) MDO with painted back. The sign shall be mounted on four -inch (4") 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 four feet (4') wide by eight feet (8') high by three- quarter inch (3/4") (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 DBF 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. DBF shall provide drawings for the signage, which shall be subject to approval by the Consultant. Design -Build Services for Brickell Bay Drive 69 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 • The Project Manager and the City shall approve the locations for all signage. 16. Lines and Grades The DBF shall, at its own expense, establish all working and construction lines and grades as required for the Project and shall be solely responsible for the accuracy thereof. 17. Report on Foreign Nationals Working in the United States The DBF shall submit with each payment application a report on the number of its employees, and the number of employees for each Subconsultant and Sub-DBF, who are working under immigrant or non-immigrant visas. Failure to provide this information with the payment application may result in a delay in processing the payment application. 18. Progress Photos Prior to commencement of the Work, the DBF will take digital photographs to document existing conditions. DBF shall submit these photos on CD-ROM and printed copy with its first payment application DBF shall periodically take digital construction record photographs to document the progress, including final completion, of the Work and shall be submitted on CD-ROM and printed copy with each application for payment. All pictures must be digitally date and time stamped. Printed photo must be on eight -inch (8") x ten inch (10") high -resolution glossy single weight color print paper. 19. Projects Funded by Federal or State Funds NOT APPLICABLE a. Equitable Adjustment The Procurement Department may, in its sole discrction, makc an cquitablc adjustmcnt in thc contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforesee-n volatility in the marketplace, that is, by circumstanccs that satisfy all thc following critcria: (1) thc volatility is due to circumstanccs bcyond the Contractor's control, (2) the volatility affccts thc marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing mobility performance of the contract would results in a substantial losc. The Contractor might have to supply documentation to justify any requcsted percentage incr .,c in cost to the City of Miami. b. n A ppropriation,,,'-of Fu do unavailable in any fiscal period for payments due under this contract, then the City, upon writte-n 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). vn .Suhnentractorc of Wo-k Shall be Identified As part of the contract, the Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, of the work to be done by the Subconsultant/Subcontractor. 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. Design -Build Services for Brickell Bay Drive 70 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 The Contractor shall be fully responsible to the City for thc acts and omissions of thc employed by the Contractor. d. Davis Bacon Act 1. All transactions regarding this contract shall be done in compliance with the Davis Bacon Act ('10 U.S.C. 31/11 31/1/1, and 31/6 31/18) and the rcquircmcnts of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with /10 U.S.C. 31/11 31'1'1, and 31/16 31/8 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 lesc 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. /1. Weekly certified payrolls must be submitted weekly for the Primc and all subcontractors working on the job. benefits rate schedules. The Contractor shall use the Federal Wages reflected in the applicable Wage Determination, "Building" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. The Contractor shall be required to provide certified payroll records documenting thc work performcd on this project. 1. The Contractor shall comply with 18 U.S.C. 87/1, /10 U.S.C. § 31/15, and the requirements of 29 C.F.R pt 3 � ay be applicabllewhin � r+��+ rporated b 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' deb ent as -a -Contractor -and subcontractor -as -provided 29 f Compliance with the Contract Work 1JeuFs anti Safety Standards s4 contract work which may require or involve the employment of laborers or mechanics shall employed on such work to work in excess of forty ('10) hours in such workweek unless time the-bari teof pay for all hours wnrTed rexGess f forty (i10) hoursTre4 4 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 Statcs (in care of the work donc 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 Design -Build Services for Brickell Bay Drive 71 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 day on which such individual was required or permitted to work in excess of the standard workweek of forty ('10) hours without paymcnt of thc overtime wages required by thc clause set forth in paragraph (b) (1) of this section. 3. Withholding for unpaid wages and liquidated damages: Thc 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 or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally arsicted contract subject to the Contract Work Hours and Safety Standards Act, which is held by thc same prime Contractor, such sums as may be determined to be necescary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damage as provided in thc clause set forth in paragraph (b) (2) of this section. /1. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts thc claucc� set forth in paragraph (b) (1) through ('I) of this section and also a clause requiring thc subcontractors to include these clauses in any lower ticr subcontracts. Thc primc Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through (/1) of this section. g. 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 thc scope of work shall bc additional fees. The Contractor shall submit purchase receipt of parts along with the labor invoice for payment. 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. Prototypc, obsolete, and residential quality/grade equipment/materials shall not bc specified or installed in the facilities. h N can to Dorm Work T. VCC Tr- T VTITI"�TVTTC whose. i. Cgual Employment Opportunity 1. The Contra^+" Tet-d+ criminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. employees arc treated during employment without regard to thcir race, color, religion, sex, sexual orientation, gendcr idcntity, or national origin. Such action shall include, but not bc limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; provided setting forth the provisions of this nondiscrimination clause. behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to racc, color, religion, sex, sexual orientation, gender identity, or national origin. Design -Build Services for Brickell Bay Drive 72 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 employee or applicant. This provision shall not apply to instances in which an cmploycc part of such employee's e-sential job functions discloses the compensation of such other erwise have access to such -nfrmat+e ess such -disclosure is i sponse t -al complaint or charge, in conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. /1. The Contractor will send to each labor union or representative of workers with which he provided advising the said labor ' anion „r workers'rep sentative o Contractor's commitments under this section and shall post copies of the notice in conspicuous place& available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11216 of September 21, '1965 anr1 of the riles regulations and relevant orders of the Secretary of I abor 6. The Contractor ^will furnish all information and reports required by Executive Order 11216 of September 2"1, 1965, and by rule roof nations and orders of the Secretary of I ahoy or pursuant thereto, an�GTRa will 7ermit access to hi ooks,records, and accountCs by Che administering agency and the Secretary of Labor for purposes of investigation to ascertain 7. In the event of the Contractor's noncompliance with thc 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 proccdurcs authorizcd in Executive Order 11216 of September 21, 1965, ,and such outer sanctions -as magi be imposed and remedies invoked as provided in Executive Order 11216 of September 21, 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 isued pursuant to section 201 of Executive Order 11216 of September 21, 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, l-i-tigatiorn-w'itla-a-subcon actor or vendor as-aa--rresul1t-of succhr-directio y the administering agcncy thc Contractor may request the United States to enter into such 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 Design -Build Services for Brickell Bay Drive 73 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 furnish the administering agency and the Secretary of Labor such information as they may administering agcncy in thc discharge of the agency's primary responsibility for securing or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government 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, administering agcncy 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 tending any furthcr assistance to thc applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received fir -such applican+; and refer the -case to the-Department�astice-for appropriate legal proceedings. Clean Air Act 1. The Contractor agrees to comply with all applicable standards, ordcrs or rcgulation.c) issued nurcuant to the ('' I I C C § 7Af11 ,��a�a�a, �a�� �< «�� ���lean Air Aet�s�mended�l-2�-o-o--s-,-r�r-et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrccs that thc City of Miami will, in turn, rcport each violation as rcquircd to assure notification to the Federal Emergency Management Agency, and thc 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. Lc. Federal Water Pollu pion Control /� nt T 4-The Contractor agrecc to ^^ vTlti all applicable staff do ders or regalat+ens issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 ct seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrccs that thc City of Miami will, in turn, rcport ach violation as rcquircd to a -sure notification to the Federal Emcrgcncy Management Agency, and thc 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. 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, the Contractor, or any other party pertaining to any matter resulting from the contract. m. 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 thc Contractor's actions pertaining to this contract. n. Byrd Anti Lobbying Amendment, 31 U.S.C. § 1352 (As Amended} Design -Build Services for Brickell Bay Drive 74 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 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. PI se rcfcr to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Bid. o. Procurement of Recovered Material., 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unlese 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. p. Non-use of DHS, Seal, Logo, and Flag., The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, CDBG MIT Federal Register Notice (8/1 FR /15838, 8/30/19), policies, Development Act of 197/1 (HCDA). r. Acce ;e to Rccord& 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, cxccrpts, and transcriptions. whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the Federal agency providing funding or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. /1. 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 Design -Build Services for Brickell Bay Drive 75 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 internal reviews by the Federal agency providing funding or the Comptroller General of the United States. s. 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 nonc of the Contractor, its principals (defined{ at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) m aex"�luded (defined at 2 R § 18n il as) or dcgi1aIifi ied efined at 2 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, tier covered transaction it enters into. 3. This certification is a material representation of fart relied i ipon b„ the State of Florida and City of Miami. If it is latcr 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 magi purci a available remedies, including but not limited to suspension and/or debarment. /1. 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 arisc from this offcr. The biddcr or propoccr furthcr agrccs to includc a provision rcquiring such compliancc in its lower tier covered transactions. t. United States Housing and Urban Development; CDBG MIT 1 Thic contract is fi armed by I S NI D dollars and Comma inity Development Bieck Grant (CDBG ark and/or (`DBG Mitiga n (CDBG MIT) dollars dther� ro is ��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 cascc, wherc 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 work. u. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subject to the requirements of Section 3 of i u' o and Urban Deb pmentAcctof 1 Q�a?me-RFed1 I1701 u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunitics gcncratcd by the Unitcd Statcs Dcpartmcnt of Housing and Urban Development's ("HUD") a�istance of HUD misted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low ver y low income pe;��s 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. 3. The Contractor agrees to send to each labor organization or rcprcscntativc of workors with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the Contractor's commitments under this section 3 clause and will post copies of the notice in Design -Build Services for Brickell Bay Drive 76 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 conspicuous places at the work site where both employees and applicants for training and employment positions can sec thc noticc. The notice shall describe the Section 3 apprenticeship and training positions, the qualifications for each; and the name and date the work shall begin. 11. The Contractor agrees to include this Section 3 clause in every subcontract subject to upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 75. notice or knowledge that the subcontractor has been found in violation of the regulation in 24 C.F.R. part 75. 5. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is 75 require employment opportunitics to be directed, were not filled to circumvent thc Contractor's obligations under 24 C.F.R. Part 75. sanctions, termination of this contract for default, and debarment or suspension from future HUD misted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing (25--U.S—54e)--u se -applies -to the-wec-k-to perf rmed under this -cant Section 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 24 C.F.R. Part 75, subpart C shall ensure that employment and training opportunities arising in connection with Section 3 projects are 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: a. Scction 3 workers residing within the service area or the neighborhood of the project; �h Participants -in YouthBi iild programs. 8. Contracting. To the greatest extent feasible, and consistent with existing Federal, state, and local laws end real ila n� reci en4 oyered by 2,4 C C R Part7F sub 0shall 'QIIG�'FT-f�VP.-I.�T".�ZIiA l"f � T �TTTTGIr �j 'QTf ensure contracts for work awarded in conncction with Scction 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within Miami Dade County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: a. Scction 3 business conccrns that provide cconomic opportunitics to Scction 3 workers residing within the service area or the neighborhood of the project; and b. YouthBuild programs. Design -Build Services for Brickell Bay Drive 77 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 v. Rights to Inventions Made Under a Contract or Agreement If the FEMA award meets thc definition of "funding agreement" undcr 37 CFR § /01.2 (a) and thc non Federal entit„ wishes t„ enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, a-signment or performance of experimental, Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements) and any implementing regulations issued by FEMA. w. Procurements by Non Federal Entities When procuring property and scrviccs undcr a Federal award, a State must follow thc 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. x. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labs Ares., businesses, women's busines✓ enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises arc solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encouragc c. Using thc scrviccs and assistance, as appropriate, of such organizations as the Small Business Administration and thc Minority Business Development Agency of thc Department of Commerce; and steps listed in paragraphs (b)(1) through (5) of this section. Drohibition On Certain Telenemmunicatienc and Video Surveillance Cervices or Equipment 1. Funds are prohibited from being used to: a. Procure or obtain. b. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunica4e-ns equipment or scrviccs as of any system. As described in Public Law 115 232, section 889, covered telecommunications equipment is telecommunications equipment produced by I=1-61aviceiTechnorrelegiess ro vTZTE orporra n (n ys-uussidiary nr affiliate of Design -Build Services for Brickell Bay Drive 78 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communicates Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of ci ch entities\ ii. Telecommunications or video surveillance services provided by such entities or i icing ci ch egi iipment iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlledbyor other ise con-nected to, the-governmentT of a- overed foreign country. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal &ureau of Investigation, r .on believes to be an entit„ owned or an rolledbyer other ice cen-nected te, the-governmentT of a --covered foreign country. 2. In implementing the prohibition under Public Law 115 232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available u d,�,ng--and—technical c„pport to acsict affected businesses, institutions and organizations is reasonabl„ necescary for those affected replacement equipment and services, and to ensure that communications service to users and customers is sustained. `3. See Public L-anivv-TVZ Section 889 and 2 C G R § 200 /171 for addi nal informna z. Domestic Preference for Procurements 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, ali imini m stool cement and other mane facti Frei-! prod into\ o v r a. "Produccd in thc United States" means, for iron and steel products, that all coatings, occurred in the United States. b. "Manufactured products" means items and construction materials com po.,ed in whole or in pert of non ferrous metals sus ras ali imini im• plant s an ymTer bassed products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. If funds are for an infrastructure project the contract is subject to thc terms and condition of the Buy America Act preferences in 2 C.F.R pt. 18/1. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1) (5) to ensure that small and minority b sinessec women's b iciness enterprises, and labor surplus area firms arc used when possible. Design -Build Services for Brickell Bay Drive 79 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 bb I icense and Delivery of Works Subject to Copyright and Data Rights The Contractor grants to the City of Miami, a paid up, royalty free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City of Miami or acquires on its bchalf a liccnsc of the samc scopc as for data first produccd in thc performance of this contract. Data, as used herein, shall include any work subject to copyright code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or the completion of this contract, the Contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in thc performance of this contract in formats acceptable by the City of Miami. 20. Antitrust Violator Vendors Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 21. Anti -Human Trafficking The Bidder/Proposer confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder/Proposer shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder/Proposer fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder/Proposer for any additional compensation or for any consequential or incidental damages. Please refer to Documents Section of BidNet for the "Anti -Human Trafficking Affidavit" attachment located in the Document Section. It is MANDATORY for the Bidders/Proposers to return this form signed along with their bid. Failure to complete, sign and upload the Anti -Human Trafficking Affidavit may render your bid non -responsive. 22. 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 will be required to supply documentation to justify any requested percentage increase in cost to the City of Miami. END OF SECTION Design -Build Services for Brickell Bay Drive 80 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 3 - DESIGN SERVICES 1. Design Responsibility Firms licensed to perform such services in accordance with all applicable Florida Statute and the requirements of the State of Florida Department of Professional Regulation shall provide all Professional Services. DBF shall be solely responsible for all aspects of the design of this Project and shall be responsible for supervision and management of the firm(s) providing Professional Services under this Contract. Nothing contained in this Contract shall create any contractual or business relationship between the City and the Consultant. The DBF acknowledges that Subconsultants are entirely under its direction or that of the Consultants, to include control, supervision, retention, and/or discharge. 2. Subconsultants All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Contract. Nothing contained in this Contract shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that Subconsultants are entirely under its direction, control, supervision, retention, and/or discharge. The DBF shall not add, modify, or change the Consultant or any Subconsultant listed in Form A without prior written approval by the Director or designee, in response to a written request from the DBF stating the reasons for any proposed substitution. 3. Ownership of Documents All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Contract, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the DBF or termination of this Contract without restriction or limitation on their use, and will be made available, on request, to City at any time during the performance of such services and/or upon completion or termination of this Contract. The City shall have the right to visit the site for inspection of the Work and the products of Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 4. Delivery upon Request or Cancellation Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such documents. Consultant shall have no recourse to these requirements. 5. Error and Omission Issues DBF is solely responsible for the coordination of the drawings and specifications and is solely responsible for all costs resulting from any errors and/or omissions in the drawings and specifications. 6. DBF's Key Staff The parties acknowledge that DBF was selected by City, in part, on the basis of qualifications of particular staff identified in DBF's response to City's solicitation, hereinafter referred to as "Key Staff." DBF shall ensure that Key Staff, including Consultant and Subconsultant Key Staff are available for Work hereunder as long as said Key Staff is in Design -Build or Consultant's employ. Design -Build Services for Brickell Bay Drive 81 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 DBF will obtain prior written acceptance from the Director or Director's designee to change Key Staff. DBF shall provide Director, or Director's designee, with such information as necessary to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to perform. Key Staff shall be listed Key Staff in Form B 7. Truth -In -Negotiation Certificate By executing the Contract, the DBF certifies that wage rates and other factual unit costs supporting the cost of the Project are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the Contract Price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within 1 year following the end of the Project. 8. Re -Use by City It is understood that all Design -Build contract and/or Work Orders for new design Work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, and by virtue of signing this Contract the DBF and the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The DBF and Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Contract. 9. Scope of Services The DBF agrees to provide comprehensive professional services in accordance with all applicable law and building and environmental regulations, including the Florida Building Code, FDOT standards, and the City of Miami, Florida, Code of Ordinances, and as set forth in the Contract Documents. DBF shall furnish, as Basic Services, comprehensive professional services for the Projects including, but not limited to those described in Article 10, Basic Services. 10. Basic Services DBF agrees to provide complete Professional Services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. DBF shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in the Contract. DBF shall submit at least one (1) electronic set of all documents, and five (5) copies of documents required under this Article, without additional charge, for review and approval by City. DBF shall not proceed with the next task of the design Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. These services, hereinafter referred to as "Basic Services" are summarized as follows: 10.1 Development of Objectives DBF shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed based on the scope of services. 10.2 Construction Documents DBF shall produce 50%, 90%, and Final Construction Documents (100%) for review and approval by City, which shall include the following: Design -Build Services for Brickell Bay Drive 82 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 ■ DBF shall not proceed with further construction document development until approval of the previously submitted documents is received in writing from City. Approval by City shall be for progress only and does not relieve DBF of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Contract. DBF shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The previously submitted documents review (check) set shall be returned to City upon submission of subsequent submittal and DBF shall provide an appropriate response to all review comments noted on these previously submitted documents. ■ DBF shall submit four (2) full size copies of the drawings and specifications, and one digital copy in .pdf format, plot, and .dwg formats. ■ Permitting: The DBF shall file and follow-up for building permits at the earliest practicable time during the performance of the Work, the necessary portions of the Construction Documents for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and must coordinate in obtaining any such applicable certifications of permit approval by such authorities prior to approval by CITP of the final set and printing of the Construction Documents for the applicable portion of the Work. The DBF shall promptly, at any time during the performance of the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the DBF is caused by the requirement(s) of such reviews by the permitting entities. Upon completion of dry run permitting by the permitting entities, the DBF shall provide two (2) full size sealed copies of the drawings and specifications. By the permitting entities shall also provide digital versions of the drawings in .dwg, and .pdf formats. The specification additional terms and conditions shall be provided in both .pdf and .doc formats. 10.3 Administration of the Construction Contract 10.3.1 The Construction Phase will begin upon commencement of construction and will end when the DBF has provided to the City all post construction services, including documents, As -Built drawings, DBF's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the DBF. During this period, the DBF shall provide administration of the construction contract as provided by this Contract, and as provided by law. 10.3.2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their agreement with the City. 10.3.3 The City or its, respective representatives shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the DBF at no additional cost to the City. The City or its representatives shall report on the progress of the Work, including any defects and deficiencies that may be observed in the Work. The Consultant will be responsible for Design -Build Services for Brickell Bay Drive 83 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 writing minutes of all meetings and field inspections reports, as well as the distribution of the minutes. Consultants and Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. 10.3.4 The Project Manager shall furnish the City with a written report of all observations of the Work made by the DBF. The Consultant shall also note the general status and progress of the Work on forms furnished or approved by the City. The Consultant shall submit the reports biweekly. The Project Manager shall ascertain that the Work is acceptable to the City. The Project Manager will determine if the Work is being performed in accordance with the scope of services. The Project Manager shall assist in ensuring that the DBF is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be submitted on a monthly basis. The DBF's failure to provide written reports of all site visits or minutes of meetings shall result in the rejection of payment requests by the DBF and may result in a proportional reduction in Construction Administration fees paid to the DBF. 10.3.5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the DBF based on the approved schedule of values and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the Contract and the DBF is entitled to amount stated on the requisition subject to: ■ A detailed evaluation of the Work for conformance with the contract upon substantial completion. ■ The results of any subsequent tests required by the contract. ■ Minor deviations from the contract correctable prior to completion. ■ Any specific qualifications stated in the payment certificate and further that the DBF is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the DBF, the Consultant will prepare a written statement to the City on the status of the Work relative to the Project Schedule, which shall be attached to the DBF's payment application. Such statement shall be prepared immediately following the requisition field meeting. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the DBF has used money paid on account of the Construction Contract Price. 10.3.6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the DBF, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the DBF relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of, and inferable from, the Contract Documents and shall be in written or graphic form. 10.3.7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. The Project Manager has the authority to reject Work where such Work does not comply with the project specifications. Design -Build Services for Brickell Bay Drive 84 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to ensure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. 10.3.8 The Consultant shall promptly review and approve, reject, or take action on shop drawings, samples, RFIs and other submissions of the DBF. Changes or substitutions to the construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of RPW. The Consultant shall upon receipt of shop drawings, samples, RFI's or other submittals by the DBF, timely review and return the shop drawings or submittals to the DBF with comments indicating either approval or disapproval, with a copy to the Project Manager. Consultant shall provide the DBF and the Project Manager with a detailed written explanation as to the basis for rejection. 10.3.9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultant's own observations or as requested by the City and shall review and recommend action on proposed changes. Where the DBF submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. 10.3.10 The Consultant in conjunction with the City shall examine the Work upon receipt of the DBF's request for substantial completion inspection of the Project and shall, prior to acceptance by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the DBF prepare a punch list of any defects and discrepancies in the Work required to be corrected by the DBF in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch list, the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the DBF. Upon satisfactory completion of all items on the punch list all necessary closeout documentation shall be submitted by the DBF, including but not limited to all guarantees, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the Contract before final acceptance shall be issued to the DBF. 10.3.11 The Consultant shall review the DBF's "as built" drawings and submit them to the City upon approval by the Consultant. The DBF is responsible for preparing the "as built" drawings. 10.3.12 The DBF shall furnish to the City the original documents, including drawings, revised to "as -built" conditions. In preparing the "Record Set" documents, any certification required under this Contract including the contents of "as -built" documents, is conditioned upon the accuracy of the information and documents provided by the DBF. The original documents as well as the "Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the DBF. The DBF shall furnish to the City one complete set of "Record Set Drawings," in Auto CADD Version 2000 or such other format acceptable to the City. Design -Build Services for Brickell Bay Drive 85 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 11. Basis of Design It is imperative that the City understands the implications of design decisions made during the design process. Especially in the early stages of design, it is important that the DBF provide insights into the implications of a given choice, 12. Additional Design Services Additional design services shall be managed as a Change Order to the Contract. Additional Design Services shall be for the provision of Professional Services requested by the City that were not included in the approved design documents or within the Basic Services contained in the Contract. Upon request by the City, the DBF will prepare and submit a Change Order Proposal, which shall include the deliverables and costs. The breakdown of the costs shall be provided on the City' Work Order Form spreadsheet. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Brickell Bay Drive 86 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 SECTION 4 - CONTRACT EXECUTION FORM THIS Contract RFP No. 23-24-031 made this 19th day of November in the year 2025 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Magnum Construction Management, LLC. f/(1 f \CW\ IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Magnum Construction Management, LLC, a Florida Limited Liability Company /V— Signature Tela M. intn;nilki, Yi cc 7IC1idW Print Name, Title ATTEST: DBF's Secretary (Affirm DBF's Seal, if available) APPROVED AS TO INSURANCE REQUIREMENTS: &ri5LtAk ocuSigned by: 733GCG318-1417... David Ruiz, Interim Director Risk Management Department ATTEST: DocuSigned by: L Todd B. Hannon, City CI Si nature Print name, Official , 11re } Title of Authorized Officer or ,�A11111ljIr' (Corporate Seal) Mc,% O • ti EAL r • P. y nRO •II NNN APPROVED AS TO LEGAL FORM AND CORRECTNESS: cDocuSigned by: c,ev�, (�yse4 I f f George T ysong III, City Attorney 25-1064 CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: 116,to Novitla. -%&50C- 6C372DB42A. Arthur Noriega V, City Manager Design -Build Services for Bricke 87 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 WHEREAS, CORPORATE RESOLUTION �►m Co&Totc`hbit Mwettcav "r�LLC dj6%10114.. 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 ?resIclefo-- �+ni� r1�1l��rllh (Type title of officer) (Type name of officer) is hereby authorized and instructed to enter into 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 executejthe corresponding performance bond. DATED this V7 day of C�C�abel , 20 ZS (Corporate Seal) • oar• T Aga3 ▪ - '..!c� C7Fz\:`: ``;; Design -Build Services for Brickell Bay Drive 88 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 MERICAN GLOBAL EXPECT MORE FROM YOUR BROKER Processing Date: October 10, 2025 Magnum Construction Management, LLC d/b/a MCM 6201 SW 70th Street Miami, FL 33143 Surety: Markel Insurance Company Bond Number: 4481763 Owner: City of Miami Bond Amount: $22,999,384.79 Project: D/B Services for Brickell Bay Drive Roadway and Seawall Improvements - D2, Project No. 40- B193802, RFP No. 23-24-031 To Whom it May Concern: Enclosed you will find the requested performance and payment bond forms in the required amount covering the above captioned project. As a precaution, please check all dates, descriptions, names, seals, surety signatures and remember that the appropriate required contractor's signature as indicated below is necessary. American Global, LLC and SureTec Insurance Company, as Surety, understand and agree that Bond Number 4481763, written for Magnum Construction Management, LLC d/b/a MCM in the amount of $22,999,384.79 will be dated the same date as the Agreement. Kindly furnish a copy of the fully executed bond. Please contact us if you have any questions. Sincerely, Rya Gray Attorney -in -Fact American Global, LLC American Global — 900 South Pine Island Road, Plantation, FL 33324 www.americanglobal.com Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 FORM OF PERFORMANCE BOND (Page 1 of 2) Bond Number: 4481763 BY THIS BOND, We Magnum Construction Management, LLC d/b/a MCM hereinafter called DBF, and Markel Insurance Company as Principal, , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Twenty -Two Million Nine Hundred Ninety -Nine Thousand Three Hundred Eighty -Four Dollars and Seventy -Nine Cents ($22,999,384.79) for the payment of Phase 1-related work whereof DBF and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, DBF has by written agreement entered into a Contract, RFP No: 23-24-031, awarded the _ day of , 20_, 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 .'pis Bond are hereafter referred to as the "Contract"; _iv()THE CONDITION OF THIS BOND is that if DBF: Cf\\ 1. Performs the Contract between DBF and Cifior the Repair and Reconstruction of Citywide Roads, the Contract being nie`a mart of t�is Bond by reference, at the times and in the manner prescribed in the :ontrac ft49/4' 2. Pays City all losses, liquidat6dWridge0 nses, costs, and attorney's fees including appellate proceeding ity sust�ino as a result of default by DBF under the Contract; and stNN 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 DBF 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 Design -Build Services for Bricks!! Bay Drive 89 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 FORM OF PERFORMANCE BOND (Page 2 of 2) Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion Tess 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 DBF under the Contract and any amendments thereto, Tess the amount properly paid by City to DBF. No right of action shall accrue on this bond to or for the use of any person or corporation other than 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 ected with the Contract or the changes does not affect Surety's obligation under thi Signed and sealed this day of ATT ST: (Corporate Seal) . \N 0,4e SOBy 0%11Ito lf .Q SEA �;S. 1983 _ •••• R ol4P• ��'''• * ••.+```\ IN THE PRESENCE OF:``�� right++ Courtney Progin, Witn0.4-14,u+114119AA,iurec..., to Sy Cole Walinsky, Witness to Surety Jonathan Orozco, Witness to Surety Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements — D2 By: MBF �� Magnum Construction Management, LLC d/b/a MGM (Name of Corporation) , 20 (Signature) 1?1 a. rAtMi l l r. , tir 11- (Print Name and Title) day of , 20 INSURANCE COMPANY: Markel Insurance Company (Agent and Attorney -in -Fact) Ryan Gray, Attorney -in -Fact Address: 4521 Highwoods Parkway (Street) Glen Allen, VA 23060 (City/State/Zip Code) Telephone No.: (800) 431-1270 x-3888 90 RFP No. 23-24-031 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 FORM OF PAYMENT BOND (Page 1 of 2) Bond Number: 4481763 BY THIS BOND, We Magnum Construction Management, LLC d/b/a MCM , as Principal, hereinafter called DBF, and Markel Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Twenty -Two Million Nine Hundred Ninety -Nine Thousand Three Hundred Eighty -Four Dollars and Seventy -Nine Cents ($22,999,384.79) for the payment of Phase 1-related work whereof DBF and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, DBF has by written agreement entered into a Contract, RFP No. 23-24-031, awarded the _ day of , 20_, 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 DBF: 1. Pays City all losses, liquidated damages, expenses, cots, and attorney's fees including appellate proceedings, that City sustains beef u E' of default by DBF under the Contract; and t ‘'°" � 2. Promptly makes payments to a!l ticima is as. ?,ed by Florida Statute 255.05(1) for all labor, materials, and supplied osed direst y ar ;ndirectly by DBF in the performance of the Contract; THEN DB!=` C 3LIGHTION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND ► FFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIO I 2.1. A claimant, except a laborer, who is not in privity with DBF and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to DBF a notice that he intends to look to the bond for protection. 2.2 A claimant who is not in privity with DBF and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to DBF 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 DBF or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. Design -Build Services for Brickell Bay Drive 91 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 FORM OF PAYMENT BOND (Page 2 of 2) 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. 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 day of , 20 DBF ATTEST: 1.►111 I I till, By: Magnum Construction Management, LLC d/b/a MCM (Name of Corporation) +lt. �ltsfctL1r ```%,:"% Iw w. /1',, A O' V11 V, 1 I IL - (Corporate Seal) .� tt`' t`('rint Name and Title)V - ...... .- P�rrrrtl>>�� IN THE PRESENCE OF: By: Cole Walinsky, Witness to Surety Jonathan Orozco, Witness to Surety day of , 20 INSURANCE COMPANY: Markel Insurance Company (Agent -nd Attorn -in-Fact) Ryan Gray, Attorney -in -Fact Address: 4521 Highwoods Parkway (Street) Glen Allen, VA 23060 (City/State/Zip Code) Telephone No.: (800) 431-1270 x-3888 Design -Build Services for Brickell Bay Drive 92 RFP No. 23-24-031 Roadway and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 CERTIFICATE AS TO CORPORATE PRINCIPAL y�� Vrcz WeJ dor , 'eOr t I AV } IL. , certify that I am the .eerete y of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that ` tie] M 1 }16k. , who signed the Bond(s) on behalf of the Principal, was then YreSidter 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) -Seep} ion behalf of) �r � cc. awl da+fi G6nhm Co„s rr,4t3.A Ito memo., t, df4I Mum, Corporation 5 STATE OF RicOlA , New Jersey ) COUNTY OF I�#9 . Morris )}��a►� \(?/Q1(?/ \N1 Before me, a Nota e duly c \nissioned, qualified and acting personally, appeared `,,,M 'i%tIIIllf+�'' -�' GM 0 • SEAL (* •. 1983 Ryan Gray upon oath PQ to me well known, who being by me first duly sworn says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of DBF named therein in favor of City. Subscribed and Sworn to before me this My commission expires: April 9, 2026 day of , 20 William A. Drayton Jr. Notary Public, State of Florida at Large Bonded by William A. Drayton Jr. Notary Public State of New Jersey My commission expires April 9, 2026 Design -Build Services for Brickell Bay Drive Roadway 93 RFP No. 23-24-031 and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 POA# 3210016 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 hi 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 Men, Virginia, does by these presents make, constitute and appoint Andrea E. Gorbert, Michael A. Marino, Jaclyn Maffey, Krystal L. Stravato, Marisol Mojica, Mariya Leonidov, Ryan Gray, Andreah Moran Their true and lawful agents) and attorney(s)-in-fact, each in thew 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 unlimited 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 I reunto affixed and these presents to be .11 signed by their duly authorized officers on the 24th day of September , 2024 .�+ � n SureTec Insurance Company State of Texas County of Harris: 443 A, On this 24th day of September , 2024 A. D hefore me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualdied, came THE ABOVE OFFICERS OF THE t'A.:• 4 &,41E , to me personally known to be the individuals and officers described in, who executed the preceding instrument and they acknowledged the execution of a me, 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 Oftr egAtrT Parris, the day and year first above written. i. �Pli: Y P(/e•..9���, U..Z4° + 0; '. r• • • • 7. ▪ cal• Q C• hxdsea Turner, Notary Public• • We, the undersigned Officers of SureTec Insurance Company and foregoing is a full, true and correct copy is still in fu0 force and effect and has nit sr IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of • _ a_ • My commission expires 7/6/2028 My IrusOnrment Issued in excess of the penalty stated above is truly void and walkout any va5d,ty. 3210016 For verification Once authority odd* Power you may call (713)812.0800 on any business day beurcak &30 AM and 5110 PM CST. the original POWER OF ATTORNEY of which the Markel Insurance Company Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 From: Gomez Jr., Francisco (Frank) To: Caseres. Luis; Quevedo, Terry; Aviles. Yesenia Subject: RE: RFP 23-24-031 DBS Brickell Bay Drive Insurance Discussion Date: Friday, October 17, 2025 1:33:27 PM Attachments: imaae014.Dnq image016.pnq imaae017.Dnq image019.pnq imaae020.Dnq image022.pnq imaae024.Dnq image025.pnq imaae026.Dnq image027.pnq Hello Luis, The bond document must reflect the date of execution. The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management 14 N.E. ist Avenue 2ndFloor Miami, Florida 33132 (3o5) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 FORM A - SUBCONSULTANTS/SUBCONTRACTORS FIRM NAME SCOPE OF WORK EXP U.S. Services Inc. Designer Cummins Cederberg, Inc. Seawall Designer Miller, Legg & Associates, Inc. Landscape Architect Pacifica Engineering Services, LLC Geotechnical Longitude Surveyors, LLC Survey FORM B - KEY STAFF NAME JOB CLASSIFICATION Alejandro Munilla, PE Design and Build Project Manager Roxana Matamoros, PE Lead Engineer/Design Manager Jorge Lopez, PE Lead Roadway Engineer Johan Sanchez Construction Manager Jorge Acevedo, PE Lead Stormwater Engineer Javier Perez Construction Quality Assurance/Quality Control Manager Julio Amoedo Utility Coordination Manager Penny Cutt Biologist/Sr. Environmental Scientist Adriana Ferrera, PE Water Utility Engineer Jason Taylor, PE Lead Structural Engineer Mike Kroll, RLA, FASLA Landscape Architect Eduardo Suarez, PSM Surveying and Mapping Wesley Foster, PE, SI Geotechnical Engineer/QAQC Review Design -Build Services for Brickell Bay Drive Roadway 96 RFP No. 23-24-031 and Seawall Improvements — D2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 STRONGCORE FNARVAEZ , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 9/26/2025 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): E-MAADDRESS: certsFL@americanglobal.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Arch Insurance Company 11150 INSURED Magnum Construction Management, LLC dba MCM 6201 SW 70th St 1st Floor Miami, FL 33143 INSURER B:Axis Surplus Insurance Company 26620 INSURER C: INSURERD: 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 LTRINSD TYPE OF INSURANCE ADDL SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE X OCCUR X ZAGLB9274001 10/ 10/1/2026 DAMAGETO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) 10,000 $ ,/'�� ` PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r//��` ` {,/"` -^ GENERAL AGGREGATE $ 10,000,000 POLICY X PED X LOC �� PRODUCTS-COMP/OPAGG $ 10,000,000 OTHER: `..�`% 7 O $ A AUTOMOBILE LIABILITY 1 `2 COMBINED SINGLE LIMIT 5,000 000 $ X ANY AUTO X ` 50 10/1/2025 10/1/2026 BODILY BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS O A BODILY INJURY (Per accident) $ AUTOS ONLY NON-OWNEDUUON ff'��.co `PROPERTY DAMAGE (Per accident) $ _/1�J` \C) ` $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N N X ZAWCI9793901 10/1/2025 10/1/2026 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ B B Professional Liab. Pollution Liability X CM006566-02-2025 CM006566-02-2025 7/3/2025 7/3/2025 7/3/2026 7/3/2026 Per Claim and Agg. Per Occ. and Agg. 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: NW 17th Street Improvements Project No. B-183611A City of Miami is included as Additional Insured in accordance with the policy provisions of the General Liability, Umbrella Excess, Pollution Liability, and Auto Liability Policies. General Liability Policy evidenced herein is Primary Noncontributory to other insurance available to the Additional Insureds, but only in accordance with the Policy Provisions. 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. 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 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Ave 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 AGENCY CUSTOMER ID: STRONGCORE FNARVAEZ LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY merican Global LLC POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 ADDITIONAL REMARKS NAIC CODE SEE P 1 NAMED INSURED Magnum Construction Management, LLC dba MCM 6201 SW 70th St 1st Floor Miami, FL 33143 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: 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. Notice of cancellation subject to the terms and conditions of the Policies. �O� taP (0 Jea� �\2�2 ��to �O ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Quevedo, Terry; Aviles, Yesenia Subject: RE: RFP 23-24-031 DBS Brickell Bay Drive Insurance Discussion Date: Friday, October 17, 2025 1:33:27 PM Attachments: imaoe014.onq image016.pnq imaoe017.onq image019.pnq imaoe020.onq image022.pnq imaoe024.onq image025.pnq imaoe026.onq image027.pnq Hello Luis, The bond document must reflect the date of execution. The 001 is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Mane City of Miami iN:99 Risk Management) 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 IV/11/GJ, IG.JJ rIVI Detail by Entity Name DIVISION OF CORPORATIONS JSvizio:of amorg ? PJi) -`,fri011.� rrrr official 5ta19 of Florida weir.ite 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 L08000050123 FEI/EIN Number 59-2373403 Date Filed 05/15/2008 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 12/17/2018 Event Effective Date NONE 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 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 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=MAGNUM.. 1/3 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 IV/11/GJ, IG.JJ rIVI Detail by Entity Name Munilla, Daniel 6201 SW 70TH STREET 1ST FLOOR MIAMI, FL 33143 Title VP Munilla, Laura 6201 SW 70 Street 1st FL Miami, FL 33143 Title VP Munilla, Pedro M 6201 SW 70 Street 1st FL Miami, FL 33143 Title VP Munilla, Alejandro 6201 SW 70 Street 1st FL Miami, FL 33143 Annual Reports Report Year Filed Date 2023 01/30/2023 2024 04/26/2024 2025 02/26/2025 Document Imams 02/26/2025 --ANNUAL REPORT 04/26/2024 --ANNUAL REPORT 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 Chan9e 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 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 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=MAGNUM.. 2/3 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 I V/ 1 1/ GJI I G.JJ r I V I Detail by Entity Name 01/29/2014 --ANNUAL REPORT 03/05/2013 --ANNUAL REPORT 12/20/2012 -- Reg. Agent Change 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 View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=MAGNUM... 3/3 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Arthur Noriega V City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement —Docusigned by: 89540E1373CAC468... DATE: July 17, 2025 SUBJECT: Recommendation for Award of Design - Build Services for Brickell Bay Drive Roadway and Seawall Improvements - D2, Project No. 40-B193802 REFERENCES: RFP No. 23-24-031 ENCLOSURES: Bid Security List, Contractor's Price Proposal, Best and Final Offer 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 (MCM), the responsive and responsible Proposer with the lowest adjusted bid, for RFP No. 23-24-031, Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements - D2, Project No. 40-B193802 ("Project"). FISCAL IMPACT: The fiscal impact to the City of Miami ("City") for the negotiated contract is Thirty -Two Million Six Hundred Sixty -One Thousand Five Hundred Twenty Dollars and Zero Cents ($32,661,520.00), on a phased basis. The negotiated amount for the base Scope of Work is comprised of $22,999,384.79 for Phase 1 (including a Dedicated Allowance for Permits and a 10% Owner's Contingency Allowance), and $9,662,135.21 for Phase 2 to be authorized as funding becomes available (also inclusive of a Dedicated Allowance for Permits and a 10% Owner's Contingency Allowance). BACKGROUND: On May 28, 2024, Procurement issued Request for Proposals ("RFP") No. 23-24-031 for the provision of design -build services for the Project, on behalf of the Department of Resilience and Public Works ("RPW"). On July 16, 2024, Procurement received three (3) proposals in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of its due diligence effort, all three (3) proposals were deemed responsive in accordance with the minimum qualifications and experience requirements of the RFP. On October 17, 2024, an Evaluation Committee ("Committee") appointed by the City Manager, met to complete the Step 1 evaluation of the three (3) responsive proposals, following the guidelines stipulated in the solicitation. Subsequently, the Committee voted unanimously to deem the three (3) Proposers as responsible, and advance all of them to the next phase of the selection process. Step 2 of the selection process required that an oral presentation be conducted to allow Proposers to elaborate on their proposals, and for the Committee to ask further questions on their merits. The Proposers were notified of the Step 1 Meeting results on October 25, 2024, and were invited to submit their Step 2 Technical and Price Proposals by November 26, 2024; the Technical and Price Proposal due date was further extended to January 7, 2025. David Mancini and Sons, Inc. did not submit their proposals for Step 2, and officially withdrew from consideration on January 17, 2025. On February 7, 2025, the Committee met and evaluated Technical Proposals from MCM and JVA Engineering Contractor Inc. and received a full presentation by both teams on the proposed solutions for the Project, following the guidelines stipulated in the Step 2 Meeting Invitation. Upon opening of sealed PR24361 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Page 2 - Recommendation of Award of RFP No. 23-24-031, Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements Arthur Noriega V, City Manager bids, MCM was deemed the Proposer with the lowest adjusted bid, and as a result, negotiations with MCM were authorized by the City Manager on February 26, 2025. Negotiations with MCM began on March 12, 2025, and after holding further discussions with the Negotiations Committee on April 10, 2025, MCM was instructed to submit a Best and Final Offer (BAFO) for the Project on June 17. MCM submitted a BAFO on June 23, 2025, in the amount of $32,661,520.00 ($28,904,000.00 for base Design and Construction services, $867,120.00 for a Dedicated Allowance for Permits, and $2,890,400.00 for a 10% Owner's Contingency Allowance), which was discussed and evaluated by the Negotiations Committee. Negotiations were successfully concluded on July 3, 2025. The original Design and Construction Price Proposal submitted by MCM totaled $30,851,000.00; therefore, negotiations resulted in $1,947,000.00, or 6.31 % savings to our taxpayers. Consequently, RPW recommended awarding the Project to MCM, on a phased basis. Pursuant to the above findings, Procurement hereby recommends that the Project be awarded to MCM as shown below: MAGNUM CONSTRUCTION MANAGEMENT, LLC BID ITEMS BID ITEMS VALUES Lump Sum Bid Phase 1 $20,353,437.87 Dedicated Allowance for Permits $610,603.14 Ten Percent (10%) Owner's Contingency $2,035,343.78 Design + Construction Subtotal Bid Phase 1 $22,999,384.79 Lump Sum Bid Phase 2 $8,550,562.13 Dedicated Allowance for Permits $256,516.86 Ten Percent (10%) Owner's Contingency $855,056.22 Design + Construction Subtotal Bid Phase 2 $9,662,135.21 TOTAL CONTRACT AWARD VALUE $32,661,520.00 CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute a contract with MCM, upon approval of this award recommendation. The total contract value at award for Phase 1 is $22,999,384.79 for the scope of work detailed in the cost breakdown, with the remainder $9,662,135.21 being allocated for Phase 2, to be determined as funding becomes available. Upon completion of Phase 1, authorization to proceed with any portion of Phase 2 will be given upon verification of available funding provided by the Office of Management and Budget, and at the sole discretion of the City. Your signature below indicates your approval of Procurement's recommendation. —DocuSigned by: artquAr pp 850 37 (iGio Approved: Arthur Noriega V, City Manager July 23, 2025 1 16:35:16 EDT Date: c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Larry M. Spring, Jr., CPA, Assistant City Manager/Chief Financial Officer Thomas Fossler, Assistant City Attorney Juvenal Santana, PE, CFM, Director, RPW Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR24361 Docusign , Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Periscope Source: Agency Reports Bid #23-24-031 - Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements Creation Date May 24, 2024 End Date Jul 16, 2024 5:00:00 PM EDT Start Date May 28, 2024 7:04:57 AM EDT Awarded Date Not Yet Awarded 23-24-031-01-01 Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements Supplier JVA Engineering Contractor. Inc. Fi Unit Price Qty/Unit rst Offer 1 / each Product Code: Agency Notes: Total Price Attch. Docs Supplier Product Code: Supplier Notes: Please refer to the document attached David Mancini & Sons, Inc. First Offer - 1 / each Product Code: Agency Notes: MCM First Offer - Supplier Product Code: Supplier Notes: 1 / each Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Supplier Totals U f JVA Engineering Contractor Inc. $0.00 Bid Contact Maria G. Gutierrez info@jvaengineering.com Ph 305-696-7902 Fax 305-696-7903 Bid Notes Please refer to the document attached Agency Notes: f David Mancini & Sons Inc. Bid Contact Christopher Lazzari bids@dmsi.co Ph 954-895-0741 Agency Notes: Supplier Notes: Address 6600 NW 32nd Avenue Miami, FL 33147 Supplier Notes: Head Attch: Please refer to the document attached a f MCM Bid Contact Daniel Munilla yassir@mcm-us.com Ph 305-541-0000 $0.00 Address 2601 Wiles Road Pompano Beach, FL 33073 $0.00 Address 6201 SW 70th Street 1st Floor Miami, FL 33143 Head Attch: Agency Notes: Supplier Notes: Head Attch: **AII bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received may be available for inspection at that time. https://www.bidsync.com/DPXReports?ac=bidreview&auc=2128319&showpopup=n 1/2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements City of Miami Project No. 40-B193802 RFP No. 23-24-031 PRICE PROPOSAL Design -Build Firm's Name: MCM CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements City of Miami Project No. 40-B193802 With respect to this Proiect, the DESIGN -BUILD FIRM states that its Proposal Contract Price (Lump Sum for providing services as specified in the RFP (Step 2), inclusive of any City approved Altemative Technical Concepts (ATCs), is the following 1. SECTION #1 (Seawall improvements including all components of the seawall, mobilization and demobilization, maintenance of traffic, vibration monitoring, and other general requirements) a. Base — Engineering & Design b. Base — Construction $ 52, 0Dr7. �.. (FIGURES) $_� ;000tO0 °'* (FIGURES) 2. SECTION #2 (Roadway, drainage Improvements, and utility coordination including but not limited to mobilization and demobilization, maintenance of traffic, vibration monitoring, demolition and removal of existing drainage systems, roadway pavement and curb, sidewalk, and driveways; conveyance system; roadway improvements including roadway reconstruction, driveway restoration, pavement markings and signage, and milling and resurfacing; utility adjustments for water valve, tv boxes, wire pull boxes, light poles, telephone, sanitary, and storm sewer manholes, water meters, fire hydrants, fiber optic, and electric box and service junction boxes) a. Base — Engineering & Design b. Base — Construction $ t/%/000 " (FIGURES) $ 1 d(IiaoO," (FIGURES) 3. SECTION #3 (Landscape Architecture and baywalk including all components of the mobilization and demobilization; removal and disposal of existing trees and grass; furnish and installation of baywaik, pavers, sodding, tree planting and trimming, and amenities such as trash receptables, bike rack and benches, and new and relocated light poles) a. Base — Engineering & Design b. Base — Construction Page $ / 51 00 a �. (FIGURES) $ � 2 . 000,- (FIGURI`S) Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements City of Miami Project No. 40-B193802 RFP No. 23-24-031 PRICE PROPOSAL Design -Build Firm's Name: MCM 4. PROPOSAL CONTRACT PRICE (LUMP SUM) $ '�i O, 165 1 00O O" (FIGURES) THE TOTAL PRICE IN ITEM 4 ABOVE SHALL BE THE SUM OF ALL COSTS FOR ITEMS 1 THRU 3. PRIOR TO AWARD OF THE CONTRACT, THE CITY OF MIAMI'S CONTINGENCIES AND DEDICATED ALLOWANCES SHALL BE ADDED TO THE PROPOSAL CONTRACT PRICE AS STATED IN ITEM 4 ABOVE, CITY OF MIAMI'S CONTINGENCIES AND DEDICATED ALLOWANCES SHALL BE ADDED TO DETERMINE THE TOTAL CONTRACT AMOUNT. CONTINGENCIES SHALL INCLUDE THOSE FOR: (1) CONTINGENCY ALLOWANCE FOR UNFORESEEN CONDITIONS (10% OF ITEM 4 ABOVE) (2) DEDICATED ALLOWANCE FOR PERMITS, FEES, INSPECTIONS, AND IMPACT FEES (3% OF ITEM 4 ABOVE) THE TOTAL CONTRACT AMOUNT RESULTING FROM THE ADDITION OF THE PROPOSAL CONTRACT PRICE AND THE STATED DEDICATED AND CONTINGENCY ALLOWANCES SHALL BE USED TO DETERMINE THE AMOUNT OF THE PAYMENT AND PERFORMANCE BONDS REQUIRED FROM THE AWARDED PROPOSER. Page I 2 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Licwyi i-ouliu Jcl vwcJ Iul of inch oay vi ivc rcuauvvay and Seawall Improvements City of Miami Project No. 40-B193802 RFP No. 23-24-031 PRICE PROPOSAL Design -Build Firm's Name: WHEN THE DESIGN -BUILD FIRM IS A PARTNERSHIP or JOINT VENTURE (To be signed by each partner/venturer) ATTEST: Witness: Witness: Witness: Witness: (Seal) WHEN THE DESIGN -BUILDER IS A CORPORATION ATTEST: Secretary: N/A Legal name of Partnership/Joint Venture By: Signature Name and Title By: Signature Name and Title Signature Legal Name Legal Name Name and Title (Corporate Seal) By: Signature Date Page 3 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements City of Miami Project No. 40-B193802 RFP No. 23-24-031 PRICE PROPOSAL Design -Build Firm's Name: MCM WHEN THE DESIGN -BUILD FIRM IS A LIMITED LIABILITY COMPANY (LLC) ATTEST: Witness: Witness: (Seal) cPor Signatures . SEAL 1983•*� . • '/i,,F' OR`O ",0\\�,, Magnum Construction Management, LLC d/b/a MCM By: Legal name g# LLC Signature 11 Date 'Dan ;CI Mv11 i Press i 1 Name and Title WHEN THE DESIGN -BUILD FIRM IS AN INDIVIDUAL or SOLE PROPRIETORSHIP or OPERATES UNDER A TRADEMARK ATTEST: Witness: Witness: (Seal) By: Signature Date Signature Legal Name Page I 4 zs Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Design -Build Services for Brickell Bay Drive Roadway and Seawall Improvements City of Miami Project No. 40-B193802 RFP No. 23-24-031 PRICE PROPOSAL Design -Build Firm's Name: MCM The. Design -Build Firm's Base Proposal Contract Price (Lump Sum) shall be submitted_on this. Form and in the manner stated herein, without exception or any qualification; there is no exception allowed to this requirement. Design -Build Firm: Magnum Construction Management, LLC d/b/a MCM Authorized Signature: Print Name & Title: Qoytiel YUIAjo, Wes;4r Federal Employer Identification Number: 59-2373403 Address: 6201 SW 70th St, 1st Floor City/State/Zip: South Miami/ FL/33143 Telephone: (305 ) 541-0000 Page I 5 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 Date: 7/3/2025 Project: Brickell Bay Drive A SIE CURE COMPANY Phase 1 / Phase 2 Cost Breakdown Bid item Description Design Roadway 1 BASE - ROADWAY ENGINEERING & DESIGN Construction - Roadway Unit LS Bid Quantity Bid Price Bid Total 1 $ 1,996,000.00 $ 1,996,000.00 2 GENERAL CONDITIONS LS 1 $ 1,545,780.00 $ 1,545,780.00 3 MOBILIZATION, DEMOB, BOND, PERMITS (5%) LS 1 $ 1,542,000.00 $ 1,542,000.00 4 EXPLORATORY DIGGING LS 1 $ 175,000.00 $ 175,000.00 5 PRECONSTRUCTION AUDIO -VIDEO (0.5%) LS 1 $ 30,000.00 $ 30,000.00 6 PROJECT RECORD DOCUMENTS (1%) LS 1 $ 308,510.00 $ 308,510.00 7 QA/QC LS 1 $ 190,000.00 $ 190,000.00 8 SURVEYING LS 1 $ 250,000.00 $ 250,000.00 9 MAINTENANCE OF TRAFFIC (5%) LS 1 $ 1,150,000.00 $ 1,150,000.00 10 PUBLIC OUTREACH LS 1 $ 40,451.00 $ 40,451.00 11 F&I TEMPORARY BARRIER WALL LF 1500 $ 30.00 $ 45,000.00 12 RELOCATE TEMPORARY BARRIER WALL LF 1500 $ 7.00 $ 10,500.00 13 TEMPORARY PAVEMENT MARKINGS LS 1 $ 15,000.00 $ 15,000.00 14 TEMPORARY MOT DEVICES LS 1 $ 60,000.00 $ 60,000.00 15 VIBRATION MONITORING (2%) LS 1 $ 200,000.00 $ 200,000.00 16 DUST CONTROL LS 1 $ 125,200.00 $ 125,200.00 17 NDPES MAINTENANCE /TURBIDITY BARRIER LF 2000 $ 70.00 $ 140,000.00 18 F&I SILT FENCE (2 PHASES) LF 6000 $ 6.00 $ 36,000.00 19 F&I INLET PROTECTION EA 15 $ 350.00 $ 5,250.00 20 CATCH BASINS EA 6 $ 12,000.00 $ 72,000.00 21 MANHOLES EA 4 $ 14,000.00 $ 56,000.00 22 MANUFACTURED TREATMENT DEVICE (MTD) EA 5 $ 150,000.00 $ 750,000.00 23 STORM DIVERSION STRUCTURE EA 5 $ 90,000.00 $ 450,000.00 24 48" RCP SD LF 776 $ 880.00 $ 682,880.00 25 36" RCP SD LF 544 $ 490.00 $ 266,560.00 26 24" RCP SD LF 284 $ 275.00 $ 78,100.00 27 18" RCP SD LF 254 $ 252.00 $ 64,008.00 28 15" RCP SD LF 69 $ 240.00 $ 16,560.00 29 TRENCH DRAIN LF 1320 $ 320.30 $ 422,800.00 30 18" MITERED BENDS EA 1 $ 4,000.00 $ 4,000.00 31 24" MITERED BENDS EA 2 $ 4,950.00 $ 9,900.00 32 36" MITERED BENDS EA 2 $ 9,500.00 $ 19,000.00 33 48" MITERED BENDS EA 3 $ 16,500.00 $ 49,500.00 34 18" RCP STORM CD LF 76 $ 300.00 $ 22,800.00 35 30" RCP STORM CD LF 79 $ 320.00 $ 25,280.00 36 42" RCP STORM CD LF 47 $ 500.00 $ 23,500.00 37 30" REFURBISH OUTFALL LF 13 $ 350.00 $ 4,550.00 38 24" OUTFALL LF 9 $ 510.00 $ 4,590.00 39 30" OUTFALL LF 29 $ 545.00 $ 15,805.00 40 42" OUTFALL LF 10 $ 750.00 $ 7,500.00 41 CHECK VALVES EA 6 $ 25,000.00 $ 150,000.00 42 DRIVEWAY RESTORATION SY 202 $ 98.00 $ 19,796.00 43 TYPE B STABILIZATION 12" SY 4040 $ 15.00 $ 60,600.00 44 FRICTION COURSE 1.5" AVG DEPTH TN 340 $ 275.00 $ 93,500.00 45 SP STRUCTURAL COURSE 1.5" TN 340 $ 250.00 $ 85,000.00 46 CONCRETE SIDEWALK, 4" SY 900 $ 76.00 $ 68,400.00 47 CONCRETE SIDEWALK, 6" SY 420 $ 100.00 $ 42,000.00 48 F CURB AND GUTTER/VALLEY GUTTER LF 1570 $ 50.00 $ 78,500.00 49 TYPE D CURB LF 1350 $ 40.00 $ 54,000.00 50 PAVEMENT MARKINGS - NO PLANS LS 1 $ 40,000.00 $ 40,000.00 51 MILLING- THICKNESS ASSUMED 1" SY 2920 $ 5.00 $ 14,600.00 52 OPTIONAL BASE GROUP 6 (5" OF TYPE B-12.5) SY 2920 $ 54.00 $ 157,680.00 53 OPTIONAL BASE GROUP 11 (7" OF TYPE B 12.5) SY 1140 $ 76.00 $ 86,640.00 54 WATER VALVE ADJUSTMENT EA 21 $ 1,200.00 $ 25,200.00 55 TV BOX ADJUSTMENT EA 8 $ 1,100.00 $ 8,800.00 56 MANHOLE- TELEPHONE ADJUSTMENT EA 1 $ 2,600.00 $ 2,600.00 57 MANHOLE- SANITARY SEWER ADJUSTMENT EA 9 $ 2,750.00 $ 24,750.00 58 MANHOLE- STORM SEWER ADJUSTMENT EA 1 $ 2,750.00 $ 2,750.00 59 WATER METER ADJUSTMENT EA 10 $ 1,300.00 $ 13,000.00 60 FIRE HYDRANT ADJUSTMENT EA 2 $ 2,750.00 $ 5,500.00 61 ELECTRIC BOX ADJUSTMENT EA 4 $ 4,500.00 $ 18,000.00 62 SERVICEJUNTION BOX ADJUSTMENT EA 1 $ 4,250.00 $ 4,250.00 63 FIBER OPTIC ADJUSTMENT EA 1 $ 4,750.00 $ 4,750.00 64 REGULAR EXCAVATION CY 2200 $ 35.00 $ 77,000.00 65 EMBANKMENT CY 2185 $ 60.00 $ 131,100.00 66 SIGNAGE/WAYFINDING - NO PLANS PROVIDED EA 1 $ 35,000.00 $ 35,000.00 67 BAYWALK IDENTITY SIGN EA 1 $ 50,000.00 $ 50,000.00 68 REMOVE AND DISPOSE STORM PIPE LF 227 $ 80.00 $ 18,160.00 69 REMOVE AND DISPOSE DRAINAGE MANHOLES EA 2 $ 2,500.00 $ 5,000.00 70 REMOVE AND DISPOSE DRAINAGE INLET EA 11 $ 2,500.00 $ 27,500.00 71 REMOVE AND DISPOSE 18" PIPE & PLUG EXISTING STORM LF 170 $ 50.00 $ 8,500.00 72 REMOVE AND DISPOSE CURB AND GUTTER, TYPE F LF 3010 $ 10.00 $ 30,100.00 PHASE 1 PHASE 2 QTY (TOTAL 0.7 $ 1,397,200.00 0.603 0.50 0.75 1.00 0.71 0.71 0.80 0.71 1.00 1500.00 0.00 0.50 0.50 0.71 0.71 2000.00 6000.00 15.00 6.00 4.00 5.00 0.00 20.00 130.00 0.00 254.00 69.00 0.00 1.00 0.00 0.00 0.00 76.00 79.00 47.00 13.00 9.00 29.00 10.00 0.00 202.00 4040.00 340.00 340.00 900.00 420.00 1570.00 1350.00 1.00 2920.00 2920.00 1140.00 21.00 8.00 1.00 9.00 1.00 10.00 2.00 4.00 1.00 1.00 2200.00 0.00 1.00 0.00 227.00 2.00 11.00 170.00 1505.00 931,000.00 771,000.00 131,250.00 30,000.00 220,364.29 135,714.29 200,000.00 821,428.57 40,451.00 45,000.00 7,500.00 30,000.00 142,857.14 89,428.58 140,000.00 36,000.00 5,250.00 72,000.00 56,000.00 750,000.00 17,600.00 63,700.00 64,008.00 16,560.00 4,000.00 22,800.00 25,280.00 23,500.00 4,550.00 4,590.00 15,805.00 7,500.00 19,796.00 60,600.00 93,500.00 85,000.00 68,400.00 42,000.00 78,500.00 54,000.00 40,000.00 14,600.00 157,680.00 86,640.00 25,200.00 8,800.00 2,600.00 24,750.00 2,750.00 13,000.00 5,500.00 18,000.00 4,250.00 4,750.00 77,000.00 35,000.00 18,160.00 5,000.00 27,500.00 8,500.00 15,050.00 R�R>� ITOTAL�„ 0.3 $ 598,800.00 0.40 0.50 0.25 0.00 0.29 0.29 0.20 0.29 0.00 0.00 1500.00 0.50 0.50 0.29 0.29 0.00 0.00 0.00 0.00 0.00 0.00 5.00 756.00 414.00 284.00 0.00 0.00 1320.00 0.00 2.00 2.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2185.00 0.00 1.00 0.00 0.00 0.00 0.00 1505.00 614,780.00 771,000.00 43,750.00 88,145.71 54,285.71 50,000.00 328,571.43 10,500.00 7,500.00 30,000.00 57,142.86 35,771.42 450,000.00 665,280.00 202,860.00 78,100.00 422,800.00 9,900.00 19,000.00 49,500.00 150,000.00 131,100.00 50,000.00 15,050.00 Docusign Envelope ID: B8AFEDF2-6E4A-4571-8423-641256552FF7 73 REMOVE AND DISPOSE SIDEWALK SY 1960 $ 20.00 $ 39,200.00 980.00 $ 19,600.00 980.00 $ 19,600.00 74 REMOVE AND DISPOSE ASPHALT PAVEMENT SY 2280 $ 8.00 $ 18,240.00 1140.00 $ 9,120.00 1140.00 $ 9,120.00 75 REMOVE AND DISPOSE DRIVEWAY SY 202 $ 25.00 $ 5,050.00 202.00 $ 5,050.00 0.00 $ 76 REMOVE AND DISPOSE GRASS SY 2270 $ 3.00 $ 6,810.00 1135.00 $ 3,405.00 1135.00 $ 3,405.00 77 MISCELLANEOUS DEMOLITION ITEMS LS 1 $ 250,000.00 $ 250,000.00 0.50 $ 125,000.00 0.50 $ 125,000.00 Design - Seawall 78 BASE- SEAWALL ENGINEERING & DESIGN LS 1 $ 350,000.00 $ 350,000.00 0.70 $ 245,000.00 0.30 $ 105,000.00 Construction - Seawall 79 BASE - SEAWALL CONSTRUCTION LF 1430 $ 8,706.05 $ 12,449,650.00 1372.57 $ 11,949,650.00 57.43 $ 500,000.00 80 BISCAYNE BAY MITIGATION AND PLANNING LS 1 $ 50,350.00 $ 50,350.00 1.00 $ 50,350.00 0.00 $ Design - Landscaping & Bay walk 81 BASE-LANDSCAPE&BAYWALK ENGINEERING & DESIGN LS 1 $ 154,000.00 $ 154,000.00 0.00 $ - 1.00 $ 154,000.00 Construction - Landscaping & Bay walk 82 SILVA CELLS SF 5000 $ 45.00 $ 225,000.00 0.00 $ - 5000.00 $ 225,000.00 83 CONC BAYWALK (ADDED CONC UNDER RIVER ROCK) SY 2095 $ 90.00 $ 188,550.00 0.00 $ - 2095.00 $ 188,550.00 84 RIVER ROCK PAVING SF 4275 $ 15.00 $ 64,125.00 0.00 $ - 4275.00 $ 64,125.00 85 SODDING SF 15385 $ 5.00 $ 76,925.00 0.00 $ - 15385.00 $ 76,925.00 86 LARGE CANOPY TREE EA 37 $ 6,200.00 $ 229,400.00 0.00 $ - 37.00 $ 229,400.00 87 MEDIUM CANOPY TREE EA 2 $ 4,000.00 $ 8,000.00 0.00 $ - 2.00 $ 8,000.00 88 SMALL ACCENT TREE EA 26 $ 2,500.00 $ 65,000.00 0.00 $ - 26.00 $ 65,000.00 89 SMALL PALM TREES EA 30 $ 1,200.00 $ 36,000.00 0.00 $ - 30.00 $ 36,000.00 90 LARGE PALM TREES EA 32 $ 5,500.00 $ 176,000.00 0.00 $ - 32.00 $ 176,000.00 91 SHRUBS AND PERENIALS LS 1 $ 488,295.00 $ 488,295.00 0.00 $ - 1.00 $ 488,295.00 92 TREE TRIMMING EA 57 $ 465.00 $ 26,505.00 0.00 $ 57.00 $ 26,505.00 93 MITIGATION TREE TRUST FUND LS 1 $ 275,000.00 $ 275,000.00 1.00 $ 275,000.00 0.00 $ 94 IRRIGATION - NO PLANS PROVIDED LS 1 $ 255,000.00 $ 255,000.00 0.00 $ 1.00 $ 255,000.00 95 TRASH RECEPTACLES EA 9 $ 2,800.00 $ 25,200.00 0.00 $ - 9.00 $ 25,200.00 96 LOOP BIKE RACK EA 24 $ 1,400.00 $ 33,600.00 0.00 $ - 24.00 $ 33,600.00 97 BENCHES EA 9 $ 3,500.00 $ 31,500.00 0.00 $ - 9.00 $ 31,500.00 98 BAYWALK LIGHT POLES EA 28 $ 25,000.00 $ 700,000.00 0.00 $ - 28.00 $ 700,000.00 99 RELOCATION OF EXISTING LIGHT POLES EA 11 $ 6,500.00 $ 71,500.00 0.00 $ 11.00 $ 71,500.00 100 REMOVE AND DISPOSE TREES EA 20 $ 3,500.00 $ 70,000.00 20.00 $ 70,000.00 0.00 $ - 101 REMOVE AND DISPOSE PALM TREES EA 96 $ 1,900.00 $ 182,400.00 96.00 $ 182,400.00 0.00 $ - SUBTOTAL $ 28,904,000.00 Contingency $ 2,890,400.00 Permit $ 867,120.00 TOTAL $ 32,661,520.00 SUBTOTAL $ 20,353,437.87 Contingency $ 2,035,343.79 Permit $ 610,603.14 TOTAL $ 22,999,384.79 SUBTOTAL $ 8,550,562.13 Contingency $ 855,056.21 Permit $ 256,516.86 TOTAL $ 9,662,135.21 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Wednesday, November 19, 2025 4:51 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Darrington, Mario; McGinnis, Lai -Wan; Onuigboh, Valentine Cambridge, Susan; Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Santana Jr., Juvenal; Gomez, Marta; Johnson, Antiwonesha RE: Document Distribution - RFP 23-24-031-Brickell Bay Drive Roadway and Seawall Improvements — D2 RFP_No_23-24-031_-_Brickell_Bay_Drive_Roadway_Executed 11-19-2025.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. Antiwonesha/Marta: You may now close this Matter ID 25-3134 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: Effective Date: Best regards, Desing-Build Services Agreement City of Miami Magnum Construction Management, LLC Brickell Bay Drive Roadway and Seawall Improvements — D2 11/12/2025 i LuA.- Cc e re k 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. 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