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HomeMy WebLinkAbout24374AGREEMENT INFORMATION AGREEMENT NUMBER 24374 NAME/TYPE OF AGREEMENT DAVID MANCINI & SONS, INC. DESCRIPTION DESIGN -BUILD SERVICES AGREEMENT/REPAIR & RECONSTRUCTION OF CITYWIDE ROADS - PHASE I PROJECT NO. 40-B 193622/ FILE I D : 5787/R-19-0187/MATTE R ID: 23-206 EFFECTIVE DATE April 21, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/21/2023 DATE RECEIVED FROM ISSUING DEPT. 4/21/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: David Mancini & Sons Inc EXT. 1895 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $5,329,460.19 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ['GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Design -Build Agreement PURPOSE OF ITEM (BRIEF SUMMARY RFP 20-21-006-R - Design Build Services for Repair and Reconstruction of Citywide Roads - Phase 1 • COMMISSION APPROVAL DATE: 05/09/2019 FILE ID: 5787 ENACTMENT NO.: R-19-0187 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTALdDIRF�CTOR Reviewed y FVP. OK to procee Tank you. February 1, 202'3 qnn i Per �,- I e13P:4.2.; DocuSigned by: EST /) "f--t-a/ SUBMITTED TO RISK MANAGEMENT February 1, 20 nn- i I 4�i35n.tv<ab ''— 89540 E B 73 CA C468... rpocuSigned by: SUBMITTED TO CITY�T�OINF�'el ez in behalf MATTER ID # 23-206of (3/27/23) March 28, 2023 yiC QrIi �P� d U lJ LL j —553496495F25480... DocuSigned �Tj/ /lA.- by: , _Imo( q 4 OPB)NA2A B Y6,1)19 OO FICE April 19, 2023 „;,, g E a I l'—F1EFQOg ed by457... M � �• DT - ,te'lam - _ APPROVAL BY ASSISTANT CITY MANAGER April 19, 2023 �ar1ri:WiR9 E P/' T '"4n W5... IVY APPROVAL BY DEPUTY CITY MANAGER April l 19,2023 p Nze ri be I hekwabaC9D2602B97E54D4... I 17 :12 :16 DT DocuSigned by: 10/5t,vilet, Lelw alga "5F9-4367CFE2r74-58... RECEIVED BY CITY MANAGER April 20, 2023 �rt iilr rg DocuSigned by: --50EF€C372B I42A... SUBMITTED TO AND ATTESTED BY CITY CLERK April 21, 2023 IT••• • eD DocuSigned by: � 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT `—E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23055 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 DESIGN -BUILD AGREEMENT OVERVIEW 1. PSA TITLE: Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase 1 2. AWARD DELEGATED AUTHORITY: ❑ City Manager - Authority Level of $ ® City Manager - Delegated Authority under 18-117 ❑ City Commission 3. WHAT IS THE SCOPE OF SERVICES? Design -Build Firm shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Build Firm, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering, and other professional services, for the repair and reconstruction of Citywide roads in very poor condition, in a way consistent with the Design Criteria Package drawings and specifications prepared by BCC Engineering, Inc., the Design Criteria Professional. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? OCI 5. IS THE AWARDEE THE INCUMBENT? N/A 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of services required from the Consultant and submission of the close out payment requisition. 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Pursuant to City Code and City Manager's authority. DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Titu of fliami DESIGN -BUILD SERVICES AGREEMENT FOR REPAIR AND RECONSTRUCTION OF CITYWIDE ROADS - PHASE PROJECT NO. 40-B193622 RFP No. 20-21-006-R Mayor Francis Suarez Commissioner Alex Diaz de la Portilla, District 1 Vacant, District 2 Commissioner Joe Carollo, District 3 Commissioner Manolo Reyes, District 4 Commissioner Christine King, District 5 City Manager, Arthur Noriega V Issued by: City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 TABLE OF CONTENTS SECTION 1 - GENERAL TERMS AND CONDITIONS 5 1. Definitions 5 2. Time is of the Essence 9 3. Contract Term 10 4. Notices 10 5. Priority of Provisions 11 6. Indemnification 12 7. Insurance 13 8. Performance and Payment Bond 15 9. Qualification of Surety 15 10. General Requirements 16 11. Method of Performing the Work 17 12. Work Staging and Phasing 18 13. Site Investigation and Representation 18 14. Design -Build Firm to Check Plans, Specifications and Data 19 15. Design -Build Firm'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 25 29. Differing Site Conditions 25 30. Existing Utilities 25 32. Interfering Structures 26 33. Field Relocation 26 34. Design -Build Firm's Use of Project Site(s) 27 35 Materials and Equipment 27 36. Material and Equipment Shipment, Handling, Storage and Protection 27 37. Manufacturer's Instructions 29 38. Manufacturer's Warranty 30 39. Submittals 30 40. Shop Drawings, Working Drawings, and Samples 31 41. Product Data 34 42. Record Set 34 43. Supplemental Drawings and Instructions 35 44. Design -Build Firm Furnished Drawings 35 45. Substitutions 35 46. City Furnished Drawings 36 Design -Build Services for Repair and 1 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 47. Interpretation of Drawings and Documents 37 48. Product and Material Testing 37 49. Field Directives 37 50. Changes in the Work or Contract Documents 37 51. Continuing the Work 37 52. Change Orders 38 53. Change Order Procedure 38 54. No Oral Changes 39 55. Value of Change Order Work 39 56. Extra Work Directive 42 57. As -Built Drawings 43 58. Worker's Identification 44 59. Removal of Unsatisfactory Personnel 44 60. Substantial Completion and Punch List 44 61. Acceptance and Final Payment 46 62. NDPES Requirements 46 63. Force Majeure 46 64. Extension of Time 47 65. Notification of Claim 48 66. Extension of Time not Cumulative 48 67. Design -Build Firm's Damages for Delay 48 68. Excusable Delay, Non-Compensable 49 69. Acceptance of Defective or Non -Conforming Work 49 70. Uncovering Finished Work 49 71. Correction of Work 50 72. Maintenance of Traffic and Public Streets 50 73. Location and Damage to Existing Facilities, Equipment or Utilities 52 74. Stop Work Order 53 75. Hurricane Preparedness 53 76. Use of Completed Portions 53 77. Cleaning Up; City's Right to Clean Up 54 78. Removal of Equipment 54 79. Set -offs, Withholdings, and Deductions 55 80. Event of Default 55 81. Notice of Default -Opportunity to Cure 56 82. Termination for Default 56 83. Remedies in the Event of Termination for Default 56 84. Termination for Convenience 57 85. Resolution of Disputes 58 86. Mediation -Waiver of Jury Trial 59 87. City May Avail Itself of All Remedies 59 88. Permits, Licenses and Impact Fees 59 89. Compliance with Applicable Laws, Ethics and Public Records Laws 60 90. Independent Design -Build Firm 61 91. Third Party Beneficiaries 61 92. Successors and Assigns 61 93. Materiality and Waiver of Breach 61 94. Severability 62 Design -Build Services for Repair and 2 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 95. Applicable Law and Venue of Litigation; Attorney's Fees 62 96. Amendments 62 97. Entire Contract 62 98. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 62 99. Evaluation 63 100. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 63 101. Royalties and Patents 63 102. Continuation of the Work 63 103. Review of Records 63 104. No Interest 64 105. Payments Related to Guaranteed Obligations 64 106. Consent of City Required for Subletting or Assignment 64 107. Agreement Limiting Time in Which to Bring Action against the City 64 108. Defense of Claims 64 109. Contingency Clause 65 110. Mutual Obligations 65 111. Contract Extension 65 112. Non -Exclusivity 65 113. Nature of the Contract 65 114. Contract Documents Contains all Terms 65 115. Applicable Law and Venue of Litigation 66 116. Survival 66 118. Non -disclosure 66 SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS 67 1. Scope of Work 67 2. Contract Time 67 3. Progress Payments 68 4. Liquidated Damages 69 5. Schedule of Values 69 6. Project Schedules 70 7. Release of Liens/Sub Design -Build Firm's Statement of Satisfaction 71 8. Progress Meetings 71 9. Request for Information 72 10. Project Site Facilities 72 11. Project Laboratory Testing Services 73 12. Security 74 13. Construction Signage 74 SECTION 3 - DESIGN SERVICES 76 1. Design Responsibility 76 2. Subconsultants 76 3. Ownership of Documents 76 4. Delivery upon Request or Cancellation 76 5. Error and Omission Issues 77 6. Design -Build Firm's Key Staff 77 Design -Build Services for Repair and 3 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 7. Truth -In -Negotiation Certificate 77 8. Re -Use by City 77 9. Scope of Services 77 10. Basic Services 77 11. Basis of Design 81 12. Additional Design Services 81 SECTION 4 - CONTRACT EXECUTION FORM 82 CORPORATE RESOLUTION 83 FORM OF PERFORMANCE BOND 84 FORM OF PAYMENT BOND 84 CERTIFICATE AS TO CORPORATE PRINCIPAL 88 PERFORMANCE AND PAYMENT GUARANTY FORM 89 FORM A - SUBCONSULTANTS 91 FORM B - KEY STAFF 91 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Repair and 4 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 for performing construction, engineering, and inspection services of the Design -Build Firm's Work. Design -Build Services for Repair and 5 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Contract means this document, the RFP, all Addenda, the Response to the RFP, and the Design Criteria Package, plans and specifications developed by the Design -Build Firm, 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 Engineer'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 Design -Build Firm 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 Design -Build Firm 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 24 hours measured from midnight to the next midnight. Design -Build Contract means a single contract with a Design -Build Firm 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 Design -Build Firms 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 Design -Build Services for Repair and 6 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Design -Build Firm 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 "design -build firm" 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 Design -Build firm or a certified or registered building Design -Build firm 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 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 Design -Build Firm. Director means the Director of the Office of Capital Improvements (OCI) 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 means the individual or entity named as such in the Agreement. In the event that no independently contracted engineer is utilized, all references to Engineer in the Agreement shall be considered references to the City's OCI. Field Directive means a written approval for the Design -Build Firm 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 engineer of record 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 Design -Build Firm and of the Work performed by Design -Build Firm. 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 Design -Build Firm notifying the Design - Build Firm 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 have been met and directing that the Design - Build Firm may begin Work on the Project(s). Design -Build Services for Repair and 7 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Office of Capital Improvements, also identified as "OCI," means the department responsible for the project management during the life of the contract. 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 "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 Design -Build Firm 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 OCI to manage the Project(s). 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 Design -Build Firm 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 Design -Build Firm's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Resident Project Representative means the authorized representative of Engineer who may be assigned to the Site or any part thereof. 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. Design -Build Services for Repair and 8 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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. Subconsultant/Subcontractor means a person, firm, or corporation having a direct contract with the Design -Build Firm for the purposes of performing Work. Sub -Design -Build Firm means a person, firm or corporation having a direct contract with Design -Build Firm 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 Design -Build Firm issued on or after the Effective Date of the Agreement and signed by the City and recommended by Engineer 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. Design -Build Firm 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 Design -Build Services for Repair and 9 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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. Design -Build Firm 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 Design -Build Firm understands that, except and only to the extent provided otherwise in the Contract, the occurrence of events of delay within the Design -Build Firm's, control, the Work shall not excuse the Design -Build Firm from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the Design -Build Firm to an adjustment. All parties under the control or contract with the Design -Build Firm shall include but are not limited to material persons, Subconsultants, Sub -Design -Build Firm, suppliers, and laborers. The Design -Build Firm acknowledges that the City is purchasing the right to have the Design -Build Firm 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 Phases 2 and 3, upon receipt by the City of a Temporary Certificate of Occupancy for each previous phase. 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 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: Design -Build Services for Repair and 10 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez@miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director, Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130-1910 Email: HBadia©miamiqov.com Phone: 305-416-1236 For Design -Build Firm: David Mancini & Sons, Inc. David Mancini Jr. President 2601 Wiles Rd. Pompano Beach, FL 33073 Email: DManciniJR@dmsi.co Phone: 754-264-9594 During the Work, the Design -Build Firm shall maintain continuing communications with Design -Build Professional and the Project Manager. The Design -Build Firm 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 Design -Build Services for Repair and 11 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 6. Indemnification The indemnification provided above shall obligate the Design -Build Firm pre and post construction to defend, at its own expense, to and Design -Build Firm 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 Design -Build Firm and persons employed or utilized by Design -Build Firm in the performance of this Contract. Design -Build Firm 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 Design -Build Firm shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Design -Build Firm expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Design -Build Firm 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. 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 Design -Build Firm, or persons employed or utilized by Design -Build Firm. 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. Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm in which the City participated either through review or concurrence of the Design -Build Firm's actions. In reviewing, approving or rejecting any submissions by the Design -Build Firm or other acts of the Design -Build Firm, the City in no way, assumes or shares any responsibility or liability of the Design -Build Firm 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 Design -Build Services for Repair and 12 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 sufficiency of which is voluntarily and knowingly acknowledged by the Design -Build Firm as good and sufficient consideration. 7 Insurance Without limiting any of the other obligations or liabilities of Design -Build Firm, Design -Build Firm 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 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 3 years coverage extension following project completion, including City as additional insured Independent and Sub -Contractors Included 7.2. Business Automobile Liability C. 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 D. 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 Design -Build Services for Repair and 13 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 7.4. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 City of Miami 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 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 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 $3,342,924.70 (Phase 1) $1,986,535.50 (Phase 2) $5,329,460.19 City of Miami, its elected officials, instrumentalities, and employees listed as an Obligee. 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. 7.8 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. The Design Build Firm 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 (30) days prior to any such cancellation or material change. Design -Build Services for Repair and 14 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design -Build Firm 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 -Design -Build Firm, 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. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Design -Build Firm will, upon notification by City, correct any defective or faulty work or materials which appear within one 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, Design -Build Firm 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 Design -Build Services for Repair and 15 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy -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 $500,000.00 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 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 Design -Build Firm 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 Design -Build Firm agrees that the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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. Design -Build Services for Repair and 16 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 The Design -Build Firm shall perform the work complete, in place, and ready for continuous service, and shall include repairs, testing, permits, clean up, replacements, and restoration required because of damages caused during this construction. The Design -Build Firm shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. The Design -Build Firm 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. The Design -Build Firm 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. Design -Build Firm shall bear all losses resulting to it because of the amount or character of the Work, or the character of the ground, being different from what he anticipated. 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 Design -Build Firm at its own expense shall reconstruct all portions damaged. The Design -Build Firm shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Design -Build Firm shall not open up Work to the prejudice of Work already started, and the Project Manager may require the Design -Build Firm to finish a section on which Work is in progress before Work is started on any additional section. 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 Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and deduct such cost from any monies due the Design -Build Firm. 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, Design -Build Services for Repair and 17 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 protection against damage shall be provided by the Design -Build Firm and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Design -Build Firm to the satisfaction of the Project Manager and Consultant. The Design -Build Firm shall furnish to the Project Manager a complete listing of 24-hour telephone numbers at which responsible representatives of the Design -Build Firm and all of the Design -Build Firm's Sub -Design -Build Firm and Subconsultants can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the Project Manager and Consultant, whom, if necessary, shall have the authority to require 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 or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Design -Build Firm shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant 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 City agrees to the staging area proposed by the Design -Build Firm as shown in Exhibit B herein. The Design -Build Firm, 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 Design -Build Firm, 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 Design -Build Firm. Notwithstanding the foregoing, the Design -Build Firm may cordon off areas as reasonably necessary to perform its work, with prior written approval by the City. 13. Site Investigation and Representation The Design -Build Firm 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 Design -Build Firm further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide 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. Design -Build Services for Repair and 18 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Any failure by the Design -Build Firm to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Design -Build Firm from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Design -Build Firm shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Design -Build Firm to Check Plans, Specifications, and Data Design -Build Firm 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. Design -Build Firm will not be allowed to take advantage of any error, omission or discrepancy in the plans or specifications as the Design -Build Firm has sole responsibility for design and construction. Design -Build Firm is also liable for damages and/or re -works resulting from errors, omissions or discrepancies in the plans and/or specifications 15. Design -Build Firm's Responsibility for Damages and Accidents Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Design -Build Firm 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 Design -Build Firm shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Design -Build Firm 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; ■ 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. Design -Build Firm 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 Design -Build Firm's superintendent unless otherwise designated in writing by Design -Build Firm to Project Manager. Design -Build Firm 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 Design -Build Services for Repair and 19 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 safeguards for such safety and protection. Design -Build Firm 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 Design - Build Firm, 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 Design -Build Firm. Design -Build Firm'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 Design -Build Firm a notice of Final Acceptance. Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm must immediately notify the Project Manager of each and every occurrence. The Design -Build Firm 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. ■ 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. Design -Build Services for Repair and 20 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ■ 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, Design -Build Firm 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. Design -Build Firm shall at all times enforce strict discipline and good order among its employees, Sub -Design -Build Firm, 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 Design -Build Firm shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Design -Build Firm shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered. The City Manager has made a written determination that due to the highly specialized nature of this particular design -build engagement Small Business Enterprise ("SBE") Requirements under 18-87(p) are unfeasible. Such requirements are stated as not being applicable in the City's solicitation documents. Accordingly, the solicitation document states there are no established Small Business enterprise ("SBE") requirements for this Contract. 21. Project Management Where a Design -Build Firm is awarded Work, the Design -Build Firm 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 -Design -Build Firm'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 through the Project Manager, which instructions are to be strictly and promptly followed in every case. The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and Design -Build Services for Repair and 21 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ceases to be in its employ. The superintendent shall represent Design -Build Firm and all directions given to the superintendent shall be as binding as if given to Design -Build Firm and will be confirmed in writing by Project Manager upon the written request of Design - Build Firm. Design -Build Firm shall give efficient supervision to the Work, using its best skill and attention. The Project Manager shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. The Design -Build Firm'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 -Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Design -Build Firm, 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 Design -Build Firm'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 Design -Build Firm's sole risk. Design -Build Firm 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. Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm shall be issued in writing. All instructions to Design -Build Services for Repair and 22 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 the Design -Build Firm 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 Design -Build Firm 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 and will not be responsible for the Design -Build Firm's failure to carry out 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 Design -Build Firm, any Sub -Design -Build Firm, 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 Design -Build Firm 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 Design -Build Firm, any Sub -Design -Build Firm, 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 Design -Build Firm 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, Design -Build Firm 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 made 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 Design -Build Firm's expense. Unless otherwise provided, the Design -Build Firm shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Design -Build Firm 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. Design -Build Services for Repair and 23 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm. 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, Design -Build Firm shall pay such cost. The Design -Build Firm shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Design - Build Firm caused by the Design -Build Firm'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. 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 Design -Build Firm to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Design -Build Firm will constitute a breach of this Contract. 25. Taxes Design -Build Firm shall pay all applicable sales, consumer, use and other taxes required, assessed, or levied by law. Design -Build Firm 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 Design -Build Firm of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Design -Build Firm shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Design -Build Firm shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the Design -Build Firm in coordinating the Work. However, the sole responsibility for coordination rests with the Design -Build Firm. If any part of Design -Build Firm's Work depends for proper execution or results upon the work of any other persons, Design -Build Firm 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. Design -Build Firm'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 Design - Build Firm's Work, except as to defects that may develop in other Design -Build Firm's work after the execution of Design -Build Firm's Work. Design -Build Firm 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 Design - Build Firm on the site. Should such interference or impact occur, Design -Build Firm shall be liable to the affected Design -Build Firm for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Design -Build Firm 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 Design -Build Services for Repair and 24 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 other lands as are designated by City for the use of Design -Build Firm. Lands of Work shall be as depicted in Exhibit A, "Project Phasing and Staging." Additionally, the Design - Build Firm may close existing driveways and entrances as reasonably necessary, with prior written approval by the City. Design -Build Firm shall provide, at Design -Build Firm'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. Design -Build Firm shall furnish to City copies of written permission obtained by Design -Build Firm 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. Design -Build Firm 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 Design -Build firms and persons employed by the City to Work in or about the Project. The City reserves the right to put such other Design -Build firms 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 Design -Build Firm to plan its Work and cooperate with other Design -Build firms as far as possible to prevent any interference and delay. The Design -Build Firm shall not impede or interfere with the work of other Design -Build firms engaged in or about the Work and shall so arrange and conduct its Work that such other Design -Build firms may complete their work at the earliest date possible. 29. Differing Site Conditions No adjustments to the Contract Time or Contract Price shall be approved due to differing site conditions, as the Design -Build Firm is solely responsible for all aspects of design and construction of the Project. 30. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on 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 Design -Build Firm only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Design -Build Firm is responsible for locating all underground utilities. The Design -Build Firm shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Design -Build Firm must coordinate all underground utility locations through Sunshine State One Call of Florida, Inc., who shall be contacted a minimum of 48 hours before the Design -Build Firm commences any digging. Design -Build Services for Repair and 25 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 31. Design -Build Firm's Responsibility for Utility Properties and Service Where the Design -Build Firm's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Design -Build Firm shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Design -Build Firm and its Sub -Design -Build firms shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Design -Build Firm for damages because of the Design -Build Firm's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Design - Build Firm 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 Design -Build Firm's expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Design -Build Firm's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace with material approved by the Project Manager or Consultant, at Design -Build Firm's expense, any existing utilities damaged during the Work 32. Interfering Structures An attempt has been made to show major structures on 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 Design -Build Firm shall field verify all locations. Design -Build Firm 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 by the direction of the Project Manager or Consultant at the Design -Build Firm's expense. If existing structures are encountered that will prevent construction as shown, the Design -Build Firm 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 Design -Build Services for Repair and 26 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 existing structures. Where the Design -Build Firm fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Design -Build Firm does so at his own risk. 34. Design -Build Firm's Use of Project Site(s) Limitations may be placed on the Design -Build Firm'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 Design -Build Firm at his sole discretion based on availability of space. The Design -Build Firm shall also coordinate and schedule deliveries to minimize disruptions to City day-to-day operations. The Design -Build Firm 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 Design -Build Firm shall: • Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager; 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; not use areas for parking and/or storage of materials except as authorized by the Project Manager. • Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(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 Design -Build Firm 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 Design -Build Firm 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, Design -Build Firm 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 Design -Build Services for Repair and 27 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 in a manner to facilitate assembly. All assemblies are to be made by the Design -Build Firm 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 Design -Build Firm shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The Design -Build Firm 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 Design -Build Firm -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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. Design -Build Services for Repair and 28 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm shall: Comply with manufacturer's requirements for the handling, delivery, storage, and installation of all materials, and equipment. Where required by the Contract Documents, Design -Build Firm shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(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 Design -Build Services for Repair and 29 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 of workmanship, and applications. Manufacturer's representative shall provide the Design - Build Firm and the Project Manager a written report of field observations. 38. Manufacturer's Warranty Design -Build Firm 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 Design -Build Firm against factory defects and workmanship. At no expense to the City, the Design -Build Firm 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 Design -Build Firm shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the Project Manager or Consultant. Design -Build Firm 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 Design -Build Firm shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the Design -Build Firm to advise the Project Manager or Consultant of any deviations shall make the Design -Build Firm 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 Design -Build Firm and Sub -Design -Build Firm firms, (if any) submitting drawings » Name of Project, Building or Facility » Specification Section title and number » Design -Build Firm's Stamp of approval, signed by the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm has not complied with the requirements of the Contract Documents. Design -Build Firm shall bear the risk of any delays that may occur because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager or Consultant has returned approved submittals to the Design -Build Firm. 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 Design -Build Services for Repair and 30 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 in which the item functions. The Project Manager or Consultant shall return the shop drawings to the Design -Build Firm for their use and distribution. Should the submittal review take longer than fourteen (14) calendar days, the Design -Build Firm 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 Design -Build Firm of any responsibility for any deviations from the requirements of the Contract Documents unless the Design - Build Firm 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 Design - Build Firm 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. Design -Build Firm 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 -Design -Build Firm, suppliers, and other affected parties or entities that require the information. The Design -Build Firm shall also provide copies of all plans approved and permitted by the required governing authorities. The Design -Build Firm 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 Design - Build Firm 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 Design -Build Firm 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 Design -Build Firm, or in the Design Criteria Package. SHOP DRAWINGS: The term "Shop Drawings" shall be construed to mean Design -Build Firm'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 Design -Build Firm's stamp of review and acceptance as evidence of such checking and coordination. If drawings show variation from Contract requirements because of standard shop practice or for other reasons, the Design -Build Firm shall describe such variations in his letter of Design -Build Services for Repair and 31 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 transmittal. If acceptable, proper adjustment in the Contract shall be implemented where appropriate. If the Design -Build Firm 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 Design -Build Firm'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 Design -Build Firm and the Design -Build Firm's engineer assume all risks of error; the City shall have no responsibility therefore. DESIGN -BUILD FIRM'S RESPONSIBILITY - The DESIGN -BUILD FIRM 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 "Design -Build Firm's Stamp" indicating that they have been checked. Shop drawings submitted to the Project Manager without the "Design -Build Firm'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 Design -Build Firm by the Project Manager. The Design -Build Firm 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 Design Build Firm assumes such risk at its own expense. 7. Carry out 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. 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 Design -Build Firm 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 Design -Build Firm to interpret the work depicted on such Submittal to be in general conformance Design -Build Services for Repair and 32 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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, 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 Design -Build Firm. 2. Review and return shop drawing submittals within 30 calendar days of receipt. 3. Reject and return shop drawings to the Design -Build Firm without action (stamped "REJECTED") or review with the following applicable notation: a. "Design -Build Firm's Stamp required - Incomplete Review by Design -Build Firm," 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 Design -Build Firm 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 Design - Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm makes a determination that conflicts with any part of the Design Criteria Package, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm at the Project Manager's standard hourly rate. No partial submittals will be reviewed. Submittals not complete will be returned to the Design -Build Firm, and will be considered "Rejected" until properly resubmitted. Design -Build Services for Repair and 33 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Design -Build Firm shall submit a minimum of five (5) sets, plus additional sets as required by his Sub -Design -Build Firm'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 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 Design -Build Firm. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Design -Build Firm 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 Design -Build Firm 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. Design -Build Firm shall supplement manufacturer's standard data to provide information unique to the Work. Design -Build Firm 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. Design -Build Firm shall submit a draft of all product data, warranty information, and operating and maintenance manuals at 50% completion of construction. 42. Record Set Design -Build Firm 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 Design -Build Firm 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. Design -Build Firm shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay Design -Build Firm, the Design -Build Firm shall provide evidence, satisfactory to the Project Manager that Design -Build Services for Repair and 34 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Design -Build Firm 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 Design -Build Firm's entitlement to final payment, the record documents shall be delivered to the Project Manager by the Design -Build Firm. 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 BCC Engineering, 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 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. Design -Build Firm Furnished Drawings A Contract Documents may require the Design -Build Firm 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 Design -Build Firm 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 Design -Build Services for Repair and 35 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design -Build Firm will not be accepted by either the City or the Engineer of Record. If Design -Build Firm wishes to furnish or use a substitute item of material or equipment, Design -Build Firm 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 Design - Build Firm'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 Design -Build firms affected 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 Design -Build Firm to furnish at Design -Build Firm'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, Design -Build Firm may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Engineer of Record, if the Design -Build Firm 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 OCI Director or OCI 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 Design -Build Firm to furnish at Design -Build Firm's expense a special performance guarantee or other surety with respect to any substitute. If the City and the Engineer of Record rejects the proposed substitute, at their discretion, the City may require the Design -Build Firm to reimburse the City for the charges for evaluating the proposed substitute. Design -Build Firm 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 Moffatt & Nichol. The DCP establishes the design criteria necessary for the Design -Build Firm to perform the Work under this Project. Design -Build Services for Repair and 36 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design - Build Firm 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 Design -Build Firm 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 Design -Build Firm. 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 Design -Build Firm shall be required to comply with the directive. Where the Design -Build Firm believes that the directive is outside the scope of the Work, the Design -Build Firm 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 Design -Build Firm may be required to submit a request for a change to the Contract. Where the Design -Build Firm is notified of the City's position that the Work is within the scope and the Design -Build Firm disagrees, the Design -Build Firm shall notify the Project Manager that the Design -Build Firm reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Design -Build Firm refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Design -Build Firm 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 Design -Build Firm shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. Design -Build Services for Repair and 37 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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, Design -Build Firm 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 Design -Build Firm'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, Design -Build Firm 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 from 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 Design -Build Firm to perform any Work including that which the Design -Build Firm deems to be Extra Work. The Design -Build Firm 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 Design -Build Firm outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Design -Build Firm is required to start the Extra Work immediately. The Design -Build Firm Design -Build Services for Repair and 38 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 is required to obtain permission for an extension to start the Extra Work if it is beyond the Design -Build Firm's ability to start within the allotted timeframe. The Design -Build Firm 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 Design -Build Firm 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 Design - Build Firm 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 Design -Build Firm's Change Proposal Request. The Design -Build Firm'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 Design -Build Firm fails to notify the Project Manager of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by the Design -Build Firm that the proposed Extra Work will not have any scheduling consequences. The Design -Build Firm agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of fifteen (15%) 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 Design -Build Firm 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 Design -Build Firm of the Change Order shall serve as a release of the City from all claims and liability to the Design -Build Firm 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 Design -Build Firm 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. ■ By mutual acceptance of a lump sum, which Design -Build Firm and Project Manager acknowledge, contains a component for overhead and profit. ■ Based on the "cost of Work," determined as provided in this, plus a Design -Build Firm'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 Design -Build Firm 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 Design -Build Services for Repair and 39 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Design -Build Firm. 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 Design -Build Firm unless City deposits funds with Design -Build Firm 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 Design -Build Firm shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Design -Build Firm 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, Design -Build Firm shall obtain competitive bids for the Change Order Work. Design -Build Firm and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Sub -Design -Build firm is to be paid based on the cost of the Work plus a fee, the Sub -Design -Build Firm's cost of the Work shall be determined in the same manner as Design -Build Firm's cost of the Work. All Sub -Design - Build firms 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 Design -Build Firm'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 Design -Build Firm. ■ Sales, use, or similar taxes related to the Work, and for which Design -Build Firm is liable, imposed by any governmental authority. Design -Build Services for Repair and 40 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ■ Deposits lost for causes other than Design -Build Firm'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 Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm's fee. ■ Expenses of Design -Build Firm's principal and branch offices other than Design - Build Firm's office at the site. ■ Any part of Design -Build Firm's capital expenses, including interest on Design - Build Firm's capital employed for the Work and charges against Design -Build Firm for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not Design -Build Firm 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 Design -Build Firm, any Sub- Design - Build Firm, 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. Design -Build Firm's fee allowed to Design -Build Firm 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 Design -Build Firm self -performs the Work, Design -Build Firm's fee shall not exceed ten percent (10%); • Where a Sub- Design -Build Firm performs the Work, Design -Build Firm '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 - Design -Build Firm 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. Design -Build Services for Repair and 41 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 The amount of credit to be allowed by Design -Build Firm 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 figured based on the net increase. If any, however, Design -Build Firm shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm and one or more Sub -Design - Build firms, and the change is an increase in the Contract Price, overhead and profit percentage for Design -Build Firm and each Sub -Design -Build firm 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 or extenuating circumstances, the City may nevertheless issue a directive to the Design - Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design -Build Firm shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design -Build Firm 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 Design -Build Firm disputes. Such dispute must relate to specific matters raised and/or reserved by the Design -Build Firm 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 Design -Build Firm's claim including the manner that the disputed item was specified in the Design -Build Firm's proposal. During the pendency of any dispute hereunder, the Design -Build Firm 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 Design -Build Firm will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design -Build Firm'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 Design -Build Firm 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 Design -Build Services for Repair and 42 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Design -Build Firm or his Sub -Design -Build firm. 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 Design -Build Firm as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Design -Build Firm's own employees, the Design -Build Firm will, subject to the approval of the Project Manager, be paid the actual cost to Design -Build Firm of such Work, and in addition thereto five (5%) percent to cover the Design -Build Firm'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, Design -Build Firm 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 Design -Build Firm 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 Design -Build Services for Repair and 43 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: ■ Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager'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 Design -Build Firm's employees, who include any Sub -Design -Build firm, and/or Subconsultant, shall wear an identification card provided by the Design -Build Firm, 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 Design - Build Firm'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 act as a basis for the Design -Build Firm to submit a claim for an extension of time. 59. Removal of Unsatisfactory Personnel The City may make written request to the Design -Build Firm for the prompt removal and replacement of any personnel employed or retained by the Design -Build Firm, or any or Sub Design -Build firm engaged by the Design -Build Firm to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Design -Build Firm 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 Design -Build Firm 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 Design - Design -Build Services for Repair and 44 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Design -Build Firm from its obligation to complete the Project. When the Design -Build Firm believes that the Work is substantially complete, the Design - Build Firm shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The inadvertent omission of any item from the Punch List shall not relieve the Design -Build Firm 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 Design -Build Firm confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Design -Build Firm to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Design -Build Firm 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. Where 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 Design -Build Firm shall request another Substantial Completion inspection. The Project Manager and the Design -Build Firm shall agree on the time reasonably 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. Design -Build Services for Repair and 45 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 61. Acceptance and Final Payment Upon receipt of written notice from Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm 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. Design -Build Firm shall deliver the written Design - Build Firm'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 Design -Build Firm, 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. The acceptance of final payment shall constitute a waiver of all claims by Design -Build Firm, except those previously made in strict accordance with the provisions of the Contract and identified by Design -Build Firm 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 Design -Build Firm in writing of the closeout of the Project. 62. NDPES Requirements Design -Build Firm 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/. Design -Build Firm is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 63. Force Maieure Should any failure to perform on the part of Design -Build Firm 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. Design -Build Services for Repair and 46 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 If the Design -Build Firm is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Design -Build Firm 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 Design -Build Firm for extra compensation unless additional services are required. Requests for time extensions shall not include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Sub -Design -Build Firms. 64. Extension of Time Any reference in this section to the Design -Build Firm shall be deemed to include material persons, suppliers, laborers and permitted Subconsultants and Sub -Design -Build Firms, whether or not in privity of contract with the Design -Build Firm for the purpose of this article. If the Design -Build Firm 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 Design -Build Firm by reasonable investigation before proceeding with the Work. ■ The Design -Build Firm demonstrates that the completion of the Work will be actually and necessarily delayed. ■ The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Design -Build Firm 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 Design - Build Firm to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Design -Build Firm shall not be entitled to an extension of time unless the Design -Build Firm affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Design -Build Firm's request for Excusable Delays in a reasonable period of time; however, the Design -Build Design -Build Services for Repair and 47 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Firm shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Design -Build Firm agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm, 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm's written notarized statement that the adjustment claimed is the entire adjustment to which the Design -Build Firm 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, Design -Build Firm's Damages for Delay hereof, if City and Design -Build Firm 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 Design -Build Firm if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate Design -Build Firm employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 66. Extension of Time not Cumulative In case the Design -Build Firm shall be delayed for any period of time by two or more of the causes mentioned in Article 68, Excusable Delays the Design -Build Firm 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. Design -Build Firm's Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against the City due to any delays, except as provided herein. Design -Build Firm shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or Design -Build Services for Repair and 48 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Design -Build Firm for actual delays due solely to fraud, bad faith or active interference on the part of City or its Design Criteria Professional. Otherwise, Design -Build Firm shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. Except as may be otherwise specifically provided for in the Contract Documents, the Design -Build Firm agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Design -Build Firm agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Design -Build Firm alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Design -Build Firm shall not receive monetary compensation for City delays (unless a court in a final order determines the City delay was solely due to a willful, intentional and deliberate action of the City specifically intending to act in bad faith). Time extensions may be authorized by the City in certain situations. In the event excusable delays caused by the City exceed thirty (30) days in the aggregate, the Design -Build Firm shall be entitled to an equitable adjustment to the Contract Term. 68. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Design -Build Firm, its Sub -Design -Build Firm'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 Design -Build Firm or its Sub -Design -Build Firms, subconsultants, subcontractors, suppliers or vendors and by the City. Then Design -Build Firm shall be entitled only to a time extension and no compensation for the delay. Design -Build Firm is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Design -Build Firm shall document its claim for any time extension as provided in Article 65, Notification of Claim, hereof. Failure of Design -Build Firm 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 Design -Build Firm. 70. Uncovering Finished Work The Project Manager's, and/or Inspector's right to make inspections shall include the right to order the Design -Build Firm to uncover or take down portions of finished Work. The Project Manager shall notify the Design -Build Firm in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, Design -Build Services for Repair and 49 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by 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 Work that Project Manager or Consultant finds to be defective. If required the Design -Build Firm 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 Design - Build Firm shall bear all direct, indirect, and consequential cost of removing and/or correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm does hereby authorize the City to proceed to have such Work done at the Design -Build Firm's expense and that the Design -Build Firm will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Design -Build Firm'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 Design -Build Firm's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Design -Build Firm 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 Design - Build Firm 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 Design -Build Firm 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 Design -Build Firm's Bid. Reg ulations • 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 Design -Build Services for Repair and 50 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design -Build Firm shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. ■ If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the Project Manager or Consultant, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design - Build Firm shall provide necessary access to all adjacent property during construction. ■ The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. Design -Build Services for Repair and 51 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ■ 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 Design -Build Firm 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 departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 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 plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Design -Build Firm'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 Design -Build Firm because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. The Design -Build Firm 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. The Design -Build Firm shall pay relocation of water mains or other utilities for the convenience of the Design -Build Firm. All charges by utility companies for temporary support of its utilities shall be paid for by the Design -Build Firm. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Design -Build Firm for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Design -Build Firm shall schedule the Work in such a manner that the utility providers relocating or supporting their utilities do not delay the Work. The Design -Build Firm 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 Design -Build Firm for any loss of time or delay. All overhead, surface, or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Design -Build Firm. All such repairs made by the Design - Build Firm are to be made to the satisfaction of the utility owner. All damaged utilities must Design -Build Services for Repair and 52 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm, require the Design - Build Firm 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 Design - Build Firm, 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 Design -Build Firm, 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 Design -Build Firm shall resume the Work without compensation to the Design -Build Firm for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manager, the Design -Build Firm may have been delayed by such suspension. In the event the Project Manager or Consultant determines that the suspension of Work was necessary due to Design -Build Firm's defective or incorrect Work, unsafe Work conditions caused by the Design -Build Firm, or any other reason caused by Design -Build Firm's fault or omission, the Design -Build Firm 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 Design -Build Firm shall be entitled to reasonable demobilization and remobilization costs. The City will have sole discretion in determining reasonableness of the Design -Build Firm'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 Design -Build Firm, 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 Design -Build Firm 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, Design -Build Firm shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager. Design -Build Services for Repair and 53 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Design -Build Firm 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. ■ Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 77. Cleaning Up; City's Right to Clean Up Design -Build Firm shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. During construction, the Design -Build Firm shall sprinkle with water, sweep, and use other means to eliminate dust annoyance to adjacent properties. At the completion of a Project(s), Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm. If a dispute arises between Design -Build Firm and separate Design -Build Firms as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the Design -Build Firms 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, Design -Build Firm, if notified to do so by City, shall promptly remove any part or all of Design -Build Firm's equipment and supplies from the property of City. If the Design -Build Firm does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Design -Build Firm. Design -Build Services for Repair and 54 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 79. Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the Design -Build Firm, 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 Design -Build Firm to the City. The City shall notify the Design -Build Firm in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Design - Build Firm 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 Design -Build Firm. 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 Design -Build Firm has not performed the Work in a timely manner. ■ The Design -Build Firm 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 Design -Build Firm has failed to make prompt payment to Sub Design -Build Firm, Subconsultant or suppliers for any services or materials they have provided. ■ The Design -Build Firm has become insolvent or has assigned the proceeds received for the benefit of the Design -Build Firm's creditors, or the Design -Build Firm has taken advantage of any insolvency statute or debtor/creditor law or if the Design -Build Firm's affairs have been put in the hands of a receiver. ■ The Design -Build Firm has failed to obtain the approval of the City where required by the Contract. ■ The Design -Build Firm 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 Design -Build Firm's ability to perform the Work, the City shall notify the Design -Build Firm 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 Design -Build Firm's ability to perform in accordance with the terms of the Contract Documents. In the event that the Design -Build Firm 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 Design -Build Firm shall have no further recourse of any nature for wrongful termination. Design -Build Services for Repair and 55 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 81. Notice of Default -Opportunity to Cure In the event that the City determines that the Design -Build Firm is in default of their obligations under the Contract, the City may notify the Design -Build Firm, specifying the basis for such default, and advising the Design -Build Firm 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 Design -Build Firm and any such costs incurred will be deducted from any sums due the Design -Build Firm 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 Design -Build Firm fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Design -Build Firm 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 Design -Build Firm, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Design -Build Firm while Design -Build Firm 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. Design -Build Firm understands and agrees that termination of this Contract under this Article shall not release Design -Build Firm 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: ■ Design -Build Firm fails to obtain the insurance or bonding herein required by the Contract. ■ Design -Build Firm 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. ■ Design -Build Firm 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 Design -Build Firm has been erroneously terminated under this Article, such termination shall be deemed to have been occurred under Article 84, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Design -Build Firm a written notice to cure. 83. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Design -Build Firm 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. Design -Build Services for Repair and 56 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 The Design -Build Firm 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 Design -Build Firm's failure to remove such items from the Project(s) site(s) as required. The Design -Build Firm shall also remain liable for any liabilities and claims related to the Design -Build Firm'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 Design -Build Firm. Such Written Notice by the City Manager shall state the date upon which Design -Build Firm shall cease all Work under the Contract and vacate the Project(s) site(s). The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm: ■ 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. Design -Build Services for Repair and 57 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ■ The amount due hereunder may be offset by all payments made to the Design - Build Firm. ■ All payments pursuant to this Article shall be accepted by the Design -Build Firm 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 Design -Build Firm. ■ Design -Build Firm shall not be entitled to recovering 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 Design -Build Firm under this Article, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and the Project Manager fail to resolve the dispute the Design -Build Firm 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 Design -Build Firm and the Assistant Director -Contracts fail to resolve the dispute the Design -Build Firm 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 Design -Build Firm. Upon receipt of said notification, the Director shall review the issues relative to the claim or dispute and issue a written finding. Design -Build Firm 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 Design -Build Firm. Appeal to the City Manager for his/her resolution, is required prior to Design -Build Firm 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. Design -Build Firm 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 Design -Build Services for Repair and 58 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 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 Design -Build Firm agrees to include such similar contract provisions with all Sub -Design -Build Firms 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, and Impact Fees 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 Design -Build Firm pursuant to the Contract Documents shall be secured and paid for by the City. It is Design -Build Firm's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed Design -Build Services for Repair and 59 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 reimbursed to the Design -Build Firm 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 Design -Build Firm shall be for the actual amount and in no event shall include profit or overhead of Design -Build Firm. Permit fees related the Design -Build Firm's operations (e.g., permits for dumpsters, job trailers, etc.) are not reimbursable. 89. Compliance with Applicable Laws, Ethics, and Public Records Laws The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm and Sub -Design -Build Firm doing business anywhere in the City. The Design Build Firm 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: Design -Build Firm 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 DESIGN -BUILD FIRM 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@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. Design -Build Services for Repair and 60 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 90. Independent Design -Build Firm The Design -Build Firm is engaged as an independent business and agrees to perform Work as an independent Design -Build Firm. In accordance with the status of an independent Design -Build Firm, the Design -Build Firm covenants and agrees that the Design -Build Firm will conduct business in a manner consistent with that status, that the Design -Build Firm 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 Design -Build Firm's staff shall not be employees of the City, and the Design -Build Firm 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 Design -Build Firm's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Design -Build Firm as a Sub Design -Build Firm s, Subconsultants, expert, consultant, independent Design -Build Firms, 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Design -Build Firm, 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 Design -Build Firm shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Design -Build Firm 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 Design -Build Firm 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. Design -Build Services for Repair and 61 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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. 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 Design -Build Firm 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 Design -Build Firm 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. Design -Build Firm 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, Design - Build Firm shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Design -Build Firm'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, Design -Build Services for Repair and 62 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 99. Evaluation Design -Build Firm 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 Design -Build Firm. The performance evaluations will be kept in City files for evaluation on future solicitations. 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 Design -Build Firm, 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 Design -Build Firm which relate in any way to the Project(s), and to any claim for additional compensation made by Design -Build Firm, and to conduct an audit of the financial and accounting records of Design -Build Firm which relate to a Project(s) and to any claim for additional compensation made by Design -Build Firm 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 such statute. Otherwise, Design -Build Firm shall retain and make available to City all such books and 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 Design -Build Firm agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Design -Build Firms shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. Design -Build Services for Repair and 63 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 104. No Interest Any monies not paid by City when claimed to be due to Design -Build Firm 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 Design -Build Firm an amount equal to its cost incurred on account of the Design -Build Firm's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Design -Build Firm notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Design -Build Firm has fulfilled its obligations, the City will pay the Design -Build Firm any monies owed, subject to Design - Build Firm'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 Design -Build Firm 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 Design -Build Firm to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the Design - Build Firm 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 Design -Build Firm may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Design -Build Firm 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 Design -Build Firm shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance, which the City may require of the Design -Build Firm. Design -Build Services for Repair and 64 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm'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 Design -Build Firm, the City, may at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Design -Build Firm fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Design -Build Firm. 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 Design -Build Firms 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 Design -Build Firm, or perform the Work with its own employees. 113. Nature of the Contract The Design -Build Firm shall provide the services set forth in the Contract Documents. The Design -Build Firm shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Design -Build Firm 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 Design -Build Firm shall perform the same as though they were specifically mentioned, described, and delineated. The Design -Build Firm 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 Design -Build Services for Repair and 65 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Design -Build Firm hereunder, and Design -Build Firm shall require all of its employees, agents, Sub -Design -Build Firms, subconsultants, and subcontractors to comply with the provisions of this paragraph. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Repair and 66 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS 1. Scope of Work Design -Build Firm shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Build Firm, 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 Design -Build Firm 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 Design -Build Firm. 2. Contract Time The Design -Build Firm shall furnish al 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. Design -Build Firm shall have six hundred and twenty (620) calendar days to achieve Substantial Completion from the date of the Notice to Proceed is issued. The proposed duration for design/permitting is ninety (90) days, while the proposed duration for construction is one hundred and eighty (180) days for Phase 1, one hundred and eighty (180) days for Phase 2, and one hundred and seventy (170) days for Phase 3. Design - Build Firm shall have an additional thirty (30) calendar days for Final Completion of the Contract. The Work shall commence within ten (10) calendar days of Design -Build Firm's receipt of the Notice to Proceed unless the parties mutually agree otherwise in writing. The City anticipates providing a partial Notice to Proceed (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 Design -Build Firm 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 Five Million Three Hundred Twenty -Nine Thousand Four Hundred Sixty Dollars and Nineteen Cents ($5,329,460.19), inclusive of Three Million Thirty -Nine Thousand Twenty -Two Dollars and Forty -Five Cents ($3,039,022.45) for Phase 1, plus One Million Eight Hundred Five Thousand Nine Hundred Forty -One Dollars and Thirty - Five Cents ($1,805,941.35) for Phase 2, plus a Four Hundred Eighty -Four Thousand Four Hundred Ninety -Six Dollars and Thirty -Nine Cents ($484,496.39) for a 10% Owner's Contingency Allowance, 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 Design -Build Firm 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 Repair and 67 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 3. Progress Payments Design -Build Firm 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 Design - Build Firm shall only use the City's Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm within thirty (30) days after approval of Design -Build Firm's application for payment. If scheduled payment is not received within 45 days after approval of a Design -Build Firm's application for payment, the Design -Build Firm may issue the City a written notice of non-payment. If after an additional 15 days the scheduled payment is not received, the Design -Build Firm may stop work without penalty. The City shall issue all overdue payment, and remobilization costs if applicable, prior to the Design -Build Firm resuming work. Ten percent (10%) of all monies earned by Design -Build Firm shall be retained by City until Substantial Completion is achieved for each Phase. From that point on and until Final Acceptance by the City is achieved, and upon acceptable performance by the Design - Build Firm, retainage by the City of all monies earned by Design -Build Firm may be reduced to five percent (5%) for each Phase. 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 Design -Build Firm or City because of Design -Build Firm's performance. ■ Failure of Design -Build Firm to make payments properly to Sub Design -Build Firm, Subconsultant, or for material or labor. ■ Damage to another Design -Build Firm not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Design -Build Firm 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 Design -Build Firm in writing detailing the reasons, therefore. The City will pay, and the Design -Build Firm shall accept as full compensation for the Work, the sums specified in the Design -Build Firm's submittal to the Contract Documents, as accepted by the City. Design -Build Firm 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 Design -Build Services for Repair and 68 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Firm 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. 4. Liquidated Damages The Design -Build Firm 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 Design - Build Firm is entitled. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion the Design -Build Firm shall pay to the City for each and every calendar day of unexcused delay, the sum of one thousand dollars ($1,000) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Design -Build Firm shall pay to the City for each and every calendar day of unexcused delay, the sum of five hundred dollars ($500) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The City shall notify the Design -Build Firm that it is incurring liquidated damages. The Design -Build Firm 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 Design -Build Firm under any contract the Design -Build Firm 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 Design - Build Firm shall pay the difference upon demand by the City. Should the Design -Build Firm 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. 5. Schedule of Values The Design -Build Firm must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice of Award. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Design -Build Firm's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The Project Manager or Consultant may require further breakdown after review of the Design -Build Firm's submittal. The City reserves the right to require such information from the Design -Build Firm as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Design -Build Firm Payment Application Form. Design -Build Services for Repair and 69 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 6. Project Schedules Design -Build Firm 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, and acceptance. Subsequent to such review of said schedule, the Design -Build Firm shall establish said schedule as the baseline 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, Design -Build Firm 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 Design -Build Firm or Sub Design -Build Firm 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 Design -Build Firm's submittals, fabrication, and deliveries. d. Time required by Design -Build Firm 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 Design -Build Firm. 5. Percentage of completion for each item as of the date the schedule was prepared. 6. Dates for Design -Build Firm'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 Design -Build Firm 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 Design -Build Services for Repair and 70 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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. Subsequent to review of the initial schedule submission, the Design -Build Firm shall establish the reviewed schedule as the "baseline schedule." Design -Build Firm shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 7. Release of Liens/Sub Design -Build Firm's Statement of Satisfaction The Design -Build Firm 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 Design -Build Firm, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Design -Build Firm 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 Design -Build Firm or such other person. The Design -Build Firm shall, beginning with the second request for payment, attach a Partial Release of Lien/Sub-Design-Build Firm, 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 -Design -Build Firm, Subconsultant where no release of lien has been submitted. The Design -Build Firm shall submit with the final payment request, for any Project(s) where Sub -Design -Build Firm, and/or Subconsultant have performed Work, a Final Release of Lien/Sub-Design-Build Firm, and Subconsultant Statement of Satisfaction for each Sub Design -Build Firm, 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 -Design -Build Firm, and/or Subconsultant claims. Where the Design -Build Firm has submitted a Performance/Payment Bond the Design - Build Firm may, in lieu of the Release of Lien/Sub-Design-Build Firm, Subconsultant Statement of Satisfaction, submit Consent of Surety to Requisition Payment. 8. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Design -Build Firm 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 Design -Build Firm. Design -Build Firm shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Design -Build Firm 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, Design -Build Firm shall identify the party or Design -Build Services for Repair and 71 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 parties responsible for following up on any problems, delay items, or questions, and Design -Build Firm shall note the action to be taken by such party or parties. Design -Build Firm shall revisit each pending item, including RFIs and Shop Drawing, at each subsequent meeting until resolution is achieved. Design -Build Firm shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Design -Build Firm shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Design -Build Firm shall arrange for the participation of its Sub -Design -Build Firm's, Subconsultants, and/or vendors when the Project Manager requires their presence. The Design -Build Firm shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Design -Build Firm shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 9. Request for Information The Design -Build Firm shall submit a Request for Information (RFI) where the Design - Build Firm believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Design -Build Firm shall include its recommendation for resolution. The Engineer and City shall respond in writing. The City intends to use its best faith efforts to respond to all RFIs within seven (7) days. 10. Project Site Facilities The Design -Build Firm shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Design -Build Firm's, Sub -Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm, his employees or his Sub - Design -Build Firm's or subconsultants shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Design -Build Firm. The Design -Build Firm shall furnish an adequate supply of drinking water for its and its Sub -Design -Build Firms' employees. There shall be adequate provisions made by the Design -Build Firm 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. 11 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. Design -Build Firm 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 Design -Build Firm shall make Design -Build Services for Repair and 72 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 all arrangements with the local utility companies. The Design -Build Firm 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. Design -Build Firm 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 Design -Build Firm shall be required to obtain all necessary permits required for any Project(s) site facilities and utilities. Design -Build Firm shall also be responsible to maintain such facilities in a safe and working condition. Design -Build firm 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 Design -Build Firm and the Design - Build Firm 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 Design -Build Firm 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 Design -Build Firm assumes full responsibility for the sufficiency and safety of all temporary structures or work and for any damage 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. 12. Project Laboratory Testing Services The Design -Build Firm shall provide and pay for all Project Laboratory Testing Services to perform regulatory required testing, quality assurance, and quality control testing. The Design -Build Firm 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 Design -Build Firm, the Design -Build Firm shall arrange for re -testing of the Work or replacement of the Work at its own cost. Where the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm. Any delays or costs to the Design -Build Firm for testing or re -work that may result shall not form the basis for any claim by the Design -Build Firm. Design -Build Firm 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. Design -Build Services for Repair and 73 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 13. 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 Design -Build Firm shall have the right to erect fencing to prevent public access as reasonably required, with prior written approval by the City. The Design -Build Firm 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 Design -Build Firm shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 14. Construction Signage Where required by the Contract Documents the Design -Build Firm shall provide construction signage. The City shall provide the Design -Build Firm the wording and layout for the signs at the pre -construction conference. The Design -Build Firm shall furnish the two City signs at the Project(s) Site(s) as follows: ■ The first sign must be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4-inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The Design -Build Firm 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 boater to the construction zone, requiring idle speed and a minimum clearance distance. Design -Build Firm shall provide drawings for the signage, which shall be subject to approval by the Consultant. ■ The Project Manager and the City shall approve the locations for all signage. 15. Lines and Grades The Design -Build Firm 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. 16. Report on Foreign Nationals Working in the United States The Design -Build Firm shall submit with each payment application a report on the number of its employees, and the number of employees for each Subconsultant and Sub -Design - Build Firm, 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. 17. Progress Photos Prior to commencement of the Work, the Design -Build Firm will take digital photographs to document existing conditions. Design -Build Firm shall submit these photos on CD-ROM and printed copy with its first payment application Design -Build Firm shall periodically take Design -Build Services for Repair and 74 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 8"x10" high -resolution glossy single weight color print paper. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Design -Build Services for Repair and 75 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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. Design -Build firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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. Consultant and/or the Design -Build Firm shall not copyright any material and products or patent any invention developed under 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 from these requirements. Design -Build Services for Repair and 76 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 5. Error and Omission Issues Design -Build Firm 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. Design -Build Firm's Key Staff The parties acknowledge that Design -Build Firm was selected by City, in part, on the basis of qualifications of particular staff identified in Design -Build Firm's response to City's solicitation, hereinafter referred to as "Key Staff." Design -Build Firm 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 Firm will obtain prior written acceptance of Director or designee to change Key Staff. Design -Build Firm shall provide Director, or 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 Design -Build Firm 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 Design -build Firm 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 Design -Build Firm 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 Design -Build Firm 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. Design -Build Firm 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 Design -Build Firm 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. Design - Build Firm shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in the Contract. Design -Build Firm 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 Design -Build Services for Repair and 77 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 approval by City. Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm shall produce 50%, 90%, and Final Construction Documents (100%) for review and approval by City, which shall include the following: • Design -Build Firm 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 Design -Build Firm of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Contract. Design -Build Firm 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 Design -Build Firm shall provide an appropriate response to all review comments noted on these previously submitted documents. • Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm is caused by the requirement(s) of such reviews by the permitting entities. Upon completion of dry run permitting by the permitting entities, the Design - Build Firm 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 Design -Build Firm has provided to the City all post construction services, including documents, As -Built drawings, Design -Build Firm's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) Design -Build Services for Repair and 78 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 of Occupancy have been delivered to the City and the City approves the final payment to the Design -Build Firm. During this period, the Design -Build Firm 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 Design -Build Firm at no additional cost to the City. The City or its representatives shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant will be responsible for writing minutes of all meetings and field inspections report, as well as the distribution of the minutes. Consultant 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 Design Build Firm. 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 by weekly. 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 Design - Build Firm 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 Design -Build Firm's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests by the Design -Build Firm and may result in a proportional reduction in Construction Administration fees paid to the Design -Build Firm. 10.3.5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Design -Build Firm 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 Design -Build Firm 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. Design -Build Services for Repair and 79 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ■ Any specific qualifications stated in the payment certificate and further that the Design -Build Firm 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 Design -Build Firm, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm, 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 Design -Build Firm relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably 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. 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 Design -Build Firm. Changes or substitutions to the construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall upon receipt of shop drawings, samples, RFI's or other submittals by the Design -Build Firm, timely review and return the shop drawings or submittals to the Design -Build Firm with comments indicating either approval or disapproval, with a copy to the Project Manager. Consultant shall provide the Design -Build Firm 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 Design -Build Firm submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and Design -Build Services for Repair and 80 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm'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 Design - Build Firm prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Design -Build Firm 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 Design -Build Firm. Upon satisfactory completion of all items on the punch list all necessary closeout documentation shall be submitted by the Design -Build Firm, 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 Design -Build Firm. 10.3.11 The Consultant shall review the Design -Build Firm's "as built" drawings and submit them to the City upon approval by the Consultant. The Design -Build Firm is responsible for preparing the "as built" drawings. 10.3.12 The Design -Build Firm 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 Design -Build Firm. 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 Design -Build Firm. The Design -Build Firm 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. 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 Design - Build Firm provide insights into the implications of a given choice, 12. Additional Design Services Additional design services shall be handled 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 Design -Build Firm 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 Design -Build Services for Repair and 81 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 SECTION 4 - CONTRACT EXECUTION FORM THIS Contract RFP 20186§cfnumber) made this21 day of April in the year 2019 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of Design -Build Firm) IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: DAVID MANCINI & SONS, INC., a Florida Co Signature David Mancini, Jr, Secretary Fabio Angarita, Vice -President Print Name, Title ATTEST: Design -Build Firm's Secretary (Affirm Design -Build Firm's Seal, if available) Print name, Title of Authorized Officer or Official (Corporate Seal) APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: ,-DocuSigned by: Itvni S 95F25 4 Ann Marie Sharpe, Director Risk Management Department ATTEST: DocuSigned by: 4,s Todd Bso. HeFannon, City Clerk Design -Build Services for Repair and Reconstruction of Citywide Roads - Ph se 1 CORRECTNESS: DocuSigned by: 4-1EF9OAFGFE04L7... Victoria Mendez, City Attorney (Matter 23-206) CITY OF MIAMI, a municipal corporation of the State of Florida D__'o/IcuSig__ned by: DocuSigned b : a NOrNOri 4a. 72D.D42A.. A ur Noriega V, City Manager 82 RFP No. 20-21-006-R DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 WHEREAS, CORPORATE RESOLUTION David Mancini and Sons . Inc. 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 Fabio Angarita , is hereby authorized (Type name of officer) 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 execute the corresponding performance bond. Vice -President (Type title of officer) DATED this 18 day of January 20 23 (Corporate Seal) Design -Build Services for Repair and 83 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Bond No. 107669457 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We David Mancini & Sons, Inc , as Principal, Travelers Casualty and Surety hereinafter called Design -Build Firm, and Company of America , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Five Million Three Hundred Twenty -Nine Thousand Four Hundred Sixty Dollars and Nineteen Cents ($5,329,460.19) for the payment of Phase 1-related work whereof Design -Build Firm and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Design -Build Firm has by written agreement entered into a Contract, RFP No: 20-21-006-R, awarded the 23rd day of November, 2022, 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 Design -Build Firm: 1. Performs the Contract between Design -Build Firm and City for the Repair and Reconstruction of Citywide Roads, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Design -Build Firm under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Design -Build Firm 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 Repair and 84 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Bond No. 107669457 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 Design -Build Firm under the Contract and any amendments thereto, Tess the amount properly paid by City to Design -Build Firm. 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 connected with the Contract or the changes does not affect Surety's obligation under this Bond. Siigned.:and sealed this 17th day of January . 2023 . ATTEST: (Corporate Seal) IN THE PRESEN E OF: Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase 1 By: By: Design -Build Firm. TW51.0 fwbm. 11\4\ e(kCiikkri (Print Name and Title) 17th day of January , 2023 . INSURANCE COMPANY: Travelers C - uajt and Surety Company of America (Agent an• A-ney-in-Fact) Angelo G. Zervos Address: 44 (St yons Road, Suite D-212 ) Coconut Creek. FL 33073 (City/State/Zip Code) Telephone No.. 248-355-4411 85 RFP No. 20-21-006-R DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We David Mancini & Sons, Inc Travelers Casualty and Surety hereinafter called Design -Build Firm, and Company pfArnerir Bond No. 107669457 , as Principal, , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Five Million Three Hundred Twenty -Nine Thousand Four Hundred Sixty Dollars and Nineteen Cents ($5,329,460.19) for the payment of Phase 1-related work whereof Design -Build Firm and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Design -Build Firm has by written agreement entered into a Contract, RFP No. 20-21-006-R, awarded the 23rd day of November, 2022, 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 Design -Build Firm: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Design -Build Firm under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and supplies used directly or indirectly by Design -Build Firm in the performance of the Contract; THEN DESIGN -BUILD FIRM'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Design -Build Firm 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 Design -Build Firm a notice that he intends to look to the bond for protection. 2.2 A claimant who is not in privity with Design -Build Firm 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 Design -Build Firm 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 Design - Build Firm or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. Design -Build Services for Repair and 86 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Bond No. 107669457 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 17th day of (Corporate Seal) Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase 1 By: By: January , 2023 . Design -Build Firm DavEd Mpncini,& Sons f Inc. (Name ofj Corporation) (Signature) ��] I°►�b IT4 - V[ LE I SI of T (Print Name and Title) 17th day of January , 2023 INSURANCE COMPANY: Travelers Cas alty and Surety Company of America (Agent an At +rney-in-Fact)Angelo G. Zervos Address: 4 (Str yons Road, Suite D-212 t) Coconut Creek, FL 33073 (City/State/Zip Code) Telephone No.: 248-355-4411 87 RFP No. 20-21-006-R DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Angelo G Zervos of SOUTHFIELD , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robert L. Rana enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect Dated this 17th day of January , 2023 L Kevin E. Hughes, Assgtant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CERTIFICATE AS TO CORPORATE PRINCIPAL David Mancini, Jr , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that Fabio Angarita , who signed the Bond(s) on behalf of the Principal, was then Vice President 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. ha. of) DaviOancini and Sons, Inc Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared baktA J4M61,0 . to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Design -Build Firm named therein in favor of City. Subscribed and Sworn to before me this My commission ex sLANE 8E��"///,f .- c., p�{ 21, �0-.0 '. *' ��� * s 1.4 z o IH0872 .! 7111.1;A1447/41C. I.S'e.TUAls. 'r'f /ill lfl ll11 %J �� �`*~ Bonded by Design -Build Services for Repair and Reconstruction of 88 Citywide Roads - Phase 1 RFP No. 20-21-006-R DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (Design -Build Firm, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (Design -Build Firm, applicant, customer) agreed upon by and between the City of Miami, Florida and (Design -Build Firm, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated Design -Build Services for Repair and Reconstruction of 89 RFP No. 20-21-006-R Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Design -Build Firm's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred, or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (Design -Build Firm, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Design -Build Services for Repair and Reconstruction of 90 RFP No. 20-21-006-R Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 FORM A - SUBCONSULTANTS/SUBCONTRACTORS FIRM NAME CARUVA SCOPE OF WORK DRAINAGE INSTALLATION PROFESSIONAL EQUIPMENT CORP. ROAD RECONSTRUCTION FORM B - KEY STAFF NAME JOB CLASSIFICATION EVELIO GIBERT ALBERT RAMOS PROJECT MANAGER ASSISTANT PROJECT MANAGER Design -Build Services for Repair and Reconstruction of 91 RFP No. 20-21-006-R Citywide Roads - Phase 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega, V City Manager DocuSignedg by: VAnnie Perez, CPPO, •' 1 F DA7 Director/Chief Procuremen icer54FF... Department of Procurement DATE: November 22, 2022 `'-'1UBJECT: Recommendation for Award of Design -Build Services for the Repair and Reconstruction of Citywide Roads REFERENCES: Request for Proposals ("RFP") No. 20-21-006-R ENCLOSURES: Bid Security List, Report of Evaluation Committee Respondent's, Final Price Proposal RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the referenced Project be awarded to David Mancini & Sons, Inc. ("DMS"), who has been determined to be the lowest responsive and responsible Proposer, for RFP No. 20-21-006-R, Design -Build Services for Repair and Reconstruction of Citywide Roads ("Project"). FISCAL IMPACT: The fiscal impact to the City of Miami ("City") for the negotiated contract is $5,329,460.19 on a phased basis. The not -to -exceed amount for the base Scope of Work is comprised of $3,039,022.45 for Phase 1, plus $1,805,941.35 for Phase 2, as negotiated, plus a 10% (ten percent) Owner's Contingency Allowance in the amount of $484,496.39. BACKGROUND AND FINDINGS: On September 8, 2021, Procurement issued RFP No. 20-21-006-R for the provision of Design -Build ("D/B") Services for the Project, on behalf of the City's Department of Resilience and Public Works (RPW) and the Office of Capital Improvements ("OCI"). On October 15, 2021, Procurement received three (3) Step 1 Proposals in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, upon which all three proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFP; a Bid Security List is attached. On January 27, 2022, the Evaluation Committee ("Committee") appointed by the City Manager on November 23, 2021, met and completed the evaluation of the three (3) responsive and responsible proposals, following the guidelines stipulated in the solicitation. After the evaluation and scoring activities were completed, the Committee voted unanimously to advance all three (3) Proposers, DMS, Horizon Contractors (Horizon), and JVA Engineering Contractor, Inc. (JVA) to the Step 2 Meeting, so that Proposers could offer oral presentations. All three (3) Proposers were notified of the Step 1 Meeting results on February 2, 2022, and were invited to submit their Step 2 Technical and Price Proposals by February 25, 2022. On February 22, 2022, JVA formally withdrew their team from further consideration, and the Technical and Price Proposal due date was further extended to March 2, 2022. Subsequently, on March 29, 2022, the Committee met and evaluated Technical Proposals from DMS and Horizon, and received a full oral presentation by both teams on the proposed solutions for the Project, following the guidelines stipulated in the Step 2 Meeting invitation. After the evaluation and scoring activities were completed, inclusive of factoring in the Price Proposals from each Proposer, DMS was deemed the top -ranked Proposer, and as a result, the Committee voted unanimously to recommend to the City Manager that negotiations of a D/B agreement be initiated with DMS. On April 4, 2022, OCI staff informed Procurement that DMS's bid proposal required further review, in concert with RPW, to allow for determining possible value engineering activities on the original number of road segments. PR23030 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 2 - Recommendation for Award of Design -Build Services for Repair and Reconstruction of Citywide Roads Project Arthur Noriega, V, City Manager On August 29, 2022, as requested by RPW and OCI, Procurement notified DMS that negotiations over the Proposer's Bid Package would be scheduled shortly. On September 7, 2022, senior staff members from RPW, OCI, and Procurement, with the assistance of BCC Engineering, Inc., the Design Criteria Professional, held a Negotiations Kick -Off Meeting to discuss available options to modify the execution schedule of the road segments included in the Scope of Work, and phasing out the project based on availability of funds. On September 30, 2022, senior staff members from RPW, OCI and Procurement held a formal Negotiations Meeting with DMS. After a deliberate discussion, it was agreed to request the Proposer to submit a revised Price Proposal taking into consideration the budget limitations and the need to phase out the project based on logistic issues and availability of funds. After an extensive exchange of draft documents, DMS and City staff agreed on a final Price Proposal (copy attached), which was accepted by both parties on November 16, 2022. Based on the above findings, Procurement hereby recommends that the Project be awarded to DMS. CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare for execution a D/B agreement with DMS, for a not -to -exceed total amount of $5,329,460.19, on a phased basis, and as shown above. Pursuant to Resolution R-19-0187, approved by the City Commission on May 9, 2019, amending Section 18-117, "Economic Stimulus Awards and Agreements," of the City Code, the City Manager has delegated authority to award this Project and execute the ensuing D/B agreement. Your signature below indicates your agreement with Procurement's recommendation. DocuSigned by: Approved: Q Novila ��ry�aiuJD4 Arthur Nonega, , City Manager Date: November 23, 2022 1 16:55:30 EST c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Chief Assistant City Attorney Juvenal Santana, PE, CFM, Director of Public Works, RPW Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR23030 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable City of Miami DATE: April 14, 2022 FILE: Commissioners and Honorable Mayor of the City of Miami Arthur Noriega V DocuSigned by: City Manager tirfLuty,Zvi 850CF6C372DD42A... SUBJECT: Report of Evaluation Committee for Request for Proposals ("RFP") No. 20-21-006-R, Design -Build Services for Repair and Reconstruction of Citywide Roads - Project No. B- 193622, for the Office of Capital Improvements (OCI) ENCLOSURES: Report of Evaluation Committee In accordance with Section 18-87 (i) of the City of Miami Code, attached please find the Report of the Evaluation Committee for subject solicitation. AP: fvp c. Nzeribe Ihekwaba, PhD, PE, Deputy City Manager, COM Fernando Casamayor, Assistant City Manager/Chief Financial Officer, COM Pablo R. Velez, Sr. Assistant City Attorney, City Attorney's Office, COM Annie Perez, CPPO, Director of Procurement/Chief Procurement Officer Hector Badia, Interim Director, OCI, COM Jorge Mora, Assistant Director, OCI, COM Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement, COM PR 22121 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager Annie Perez, CPPO Director of Procurement/Chief Procurement Officer CDocuSigned by: 4- 89540EB73CAC468... DATE: April 14, 2022 FILE: SUBJECT: Report of Evaluation Committee for Request for Proposals ("RFP") No. 20-21-006-R, Design -Build Services for Repair and Reconstruction of Citywide Roads - Project No. B- 193622 ENCLOSURES: Response Security List, Evaluation Committee Tabulation Sheets, and Evaluation Committee Appointment Memo Background On September 8, 2021, the Department of Procurement ("Procurement") issued Request for Proposals ("RFP") No. 20-21-006-R for the provision of Design -Build ("D/B") Services for Repair and Reconstruction of Citywide Roads ("Project"), on behalf of the Office of Capital Improvements (OCI). On October 15, 2021, Procurement received three (3) Step 1 Proposals in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, upon which all three proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFP. Summary of Evaluation While governed by Florida Statutes Section 287.055, any typical D/B selection process is comprised of two (2) steps. On January 27, 2018, the Evaluation Committee ("Committee") appointed by the City Manager on November 23, 2021, met and completed the evaluation of the three (3) responsive and responsible proposals, following the guidelines stipulated in the solicitation. Pursuant to the City Code, Section 18-117, "Economic Stimulus Awards and Agreements," the requirements for an evaluation committee consisting of a majority of appointees from outside City employment as set forth in Section 18- 542, "Financial Integrity Principles," did not apply to the Project due to it being included on the City's List of Expedited Projects. The proposals were evaluated pursuant to the six (6) evaluation criteria listed below: Evaluation Criteria Step 1 1. Proposer's Qualifications and Experience 2. Proposer's Project Manager's Qualifications and Experience 3. Proposer's Lead Engineer/Design Manager's Qualifications and Experience 4. Proposer's Team Members Qualifications and Experience 5. Design Philosophy and Process/Technical Capabilities and Approach 6. Amount of Work Awarded by the City Maximum Points (Per Committee Member) 30 20 20 15 10 5 TOTAL 100 PR 22122 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 2 - Design -Build Services for Repair and Reconstruction of Citywide Roads Art Noriega, V, City Manager After the evaluation and scoring activities were completed, David Mancini & Sons, Inc.'s (DMS) proposal garnered a total of 423 points over a possible total of 500 points, or 85%, while Horizon Contractors' (Horizon) proposal obtained a total of 420 points (84%), and JVA Engineering Contractor, Inc.'s (JVA) attained 413 points (83%). As a result, the Committee voted unanimously to advance all three (3) Proposers to the next phase of the selection process, and required that an oral presentation be conducted to allow them to elaborate on their Proposals, and for the Committee to ask further questions on their merits. All three (3) Proposers were notified of the Step 1 Meeting results on February 2, 2022, and were invited to submit their Step 2 Technical and Price Proposals by February 25, 2022; the Technical and Price Proposal due date was further extended to March 2, 2022. On February 22, 2022, JVA formally withdrew their team from further consideration. Subsequently, on March 29, 2022, the Committee met and evaluated Technical Proposals from DMS and Horizon, 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. It is worth noting that, due to resignation from City employment, Mr. Christopher Bennett, PE, one of the original Committee members present during the Step 1 Meeting, was unable to serve during the Step 2 proceedings. As a result, a formal vote was taken among the remaining Committee members in order to move forward with the Step 2 Meeting without further delay. After a unanimous vote from the Committee, the Technical Proposals were evaluated pursuant to the three (3) evaluation criteria listed below: Evaluation Criteria Step 2 Maximum Points (Per Committee Member) 1. Proposer's Design Approach 30 ■ Approach to Scope Management Practices • Adapting to Changes • Validating Scope in the Design Criteria Package • QA/QC deliverables 2. Proposer's Construction Approach 50 ■ Approach to Scope Sequencing ■ Maintenance of Traffic • Addressing Unexpected and/or Unforeseen Conditions 3. Ability to Provide the Required Services within Schedule and 20 Budget ■ Budgeting and Construction Project Plan • Scheduling Practices/Recovery Scheduling ■ Proposed RFP Schedule vs. Proposed D/B Schedule TOTAL 100 After the evaluation and scoring activities were completed, DMS's proposal garnered a total of 361 points over a possible total of 400 points, or 90%, while Horizon's obtained a total of 349 points (87%). Further, the sealed envelopes containing DMS and Horizon's Price Proposals were opened publicly, and the proffered prices were read out loud and incorporated into the final scores. Each proposed price, $4,350,000.00 from DMS and $6,425,000,00 from Horizon, was divided by the total score garnered by each team. This resulted in adjusted bids of 12,019.86 for DMS, and 18,409.74 for Horizon, and therefore, DMS was deemed the top -ranked responsive and responsible Proposer. Subsequently, the Committee voted unanimously to recommend to the City Manager that negotiations of a D/B agreement be initiated with DMS. The tabulation and individual Committee member score sheets for both Steps 1 and 2 meetings are attached as supporting documentation. PR 22122 2 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 3 - Design -Build Services for Repair and Reconstruction of Citywide Roads Art Noriega, V, City Manager Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Messrs. Giraldo Marquez and Jose Lago (OCI), and Mr. Jorge Corzo (Town of Medley) to commence negotiations with the highest ranked team, DMS, for a Design -Build Agreement to provide design -build services for the Project, as applicable. Should negotiations with DMS fail, the Committee further recommends commencing negotiations with Horizon until an agreement is reached, or to reject all proposals, canceling the current RFP, and authorizing Procurement to issue a new RFP, in accordance with Section 18-87 of the City of Miami Code, at the sole discretion of the City. DocuSigned by: La_4(xr NbVYt�A April 25, 2022 I 08:50:17 EDT Approved:850CF6C372DD42A.._ Date: Art Noriega, V, City Manager c. Nzeribe Ihekwaba, PhD, PE, Deputy City Manager, COM Fernando Casamayor, Assistant City Manager/Chief Financial Officer, COM Hector Badia, Interim Director, OCI, COM Jorge Mora, Assistant Director, OCI, COM Pablo R. Velez, Sr. Assistant City Attorney, City Attorney's Office, COM Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement, COM PR 22122 3 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 amity of Miami -DESIGN BUILD �V VVv Bid #RFP 20-21-006 - DESIGN -BUILD SERVICES FOR REPAIR & RECONSTRUCTION OF CITYWIDE ROADS - PHASEI Creation Date Apr 22, 2021 Start Date May 21, 2021 5:16:19 PM EDT End Date Jul 9, 2021 5:00:00 PM EDT Awarded Date Not Yet Awarded RFP 20-21-006--01-01 Design -Build Services for Repair & Reconstruction of Citywide Roads - Phase I Supplier Unit Price Qty/Unit Total Price Attch. Docs Horizon Contractors Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: JVA Engineering Contractor, Inc. First Offer - 1 / each for this solicitation's for your consideration. Inc. jY first step. Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Please find our team's proposal Many thanks in advance JVA Engineering Contractor, Supplier Totals f Horizon Contractors Inc. $0.00 Bid Contact Xavier Salvat xs@hcimail.net Ph 305-828-2050 Address HIALEAH, FL 33018 Agency Notes: Supplier Notes: Head Attch: f JVA Engineering Contractor, Inc. $0.00 Bid Contact Maria G. Gutierrez ac@jvaengineering.com Ph 305-696-7902 Bid Notes Per the ITB's document, a bid bond is not required for step 1. Address 6600 NW 32nd Avenue Miami, FL 33147 Agency Notes: Supplier Notes: Head Per the ITB's document, a bid bond is not Attch: required for step 1. III **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, 7/9/2021 p. 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 amity of Miami -DESIGN BUILD �V VVv 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. 7/9/2021 p. 2 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: November 17, 2021 FILE: City Manager Annie Perez, CPPO, Director Department of Procurement �DocuSigned by: 8954�3CAG488... SUBJECT: Appointment of Evaluation Committee for Request for Proposals (RFP) No. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622 REFERENCES: RFP No. 20-21-006-R The Procurement Department ("Procurement"), on behalf of the Office of Capital Improvements ("OCI"), issued RFP No. 20-21-006-R on September 8, 2021, for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622. It is respectfully requested that you approve the appointment of the following individuals to serve as members of the Committee to evaluate and score proposals that were received on October 15, 2021. Each proposed member has the requisite knowledge and experience to evaluate the proposals pursuant to the RFP. Chairperson (non -voting) Luis A. Perez-Codina, Sr. Procurement Contracting Manager, Procurement, City of Miami ("COM") City of Miami Committee Members (voting) Charles Alfaro, P.E., Assistant Director, Department of Resilience and Public Works (RPW), COM Chris Bennett, P.E., Assistant Director, P.E., Stormwater & Permitting/Deputy CRO, RPW, COM Giraldo Marquez, P.E., Chief Project Manager, OCI, COM Jose Lago, P.E., Senior Project Manager, OCI, COM External Committee Members (voting) Jorge E. Corzo, P.E., CFM, Director Capital Projects & Economic Development, Town of Medley Alternate Committee Members David Snow, Chief of Urban Design, Planning Department, COM Manny Perez, Assistant Director, Capital Projects & Economic Development, Town of Medley APPROVED: AP: Ipc DocuSigned by: gvftuor Navi4a. November 23, 2021 1 08:37:02 EST Arthur Noriega V, City Manager Date c: Nzeribe Ihekwaba, PE, PhD, Deputy City Manager Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Angel Carrasquillo, PE, Director, OCI Hector Badia, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR22011 Titof ARianti STEP 1 MEETING SIGN -IN SHEET REQUEST FOR QUALIFICATIONS (RFP) NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase I Project NO. 40-B193622 Meeting Date: January 27, 2022, 10:00 a.m. Representative (Please print clearly) Company's Name Phone Number Email Address ---t--- c..-iy e,- inn, vi 041c,2 ck--= (----A10.- i4{.1;11,1EV2vi,e 3 / L7/1(.2-i2-i-Z_ -6...-7 -- (_ il if: i `.• ..14.L' iv:0z •-ti ... L- i "L. t-4 11)it-41+Ai ,AiD(-L) 1!''.f Z-6.C' C 1,7CeVAAL—ffEJ 1 1 i i6,14.0.P. c- C', vi ra(CLO IA 6e {r• 1' Ail a il-ve 7 Ck 0 f- NN4 C tie ( cc) 3 el 1 C 12 vs g ma ci-vez_ /41 et6.-1 c- ' . . 4 1(0 . I 04.7 •=m-r, i Lc° 6;) (AA,- ..,-,-,_; Q9-(A, ..zro Qk 6. c: Co rt:Z c TO Go e.') 0 (-- V e-ou,:- (L-_--(f ,-( Ci. 'rcl ( /4 H \ 30 gi ( (.7 - ( ct 1 3 i-ft5/46&" 5 Cc fi 1-1 ti A tri '; 6 oti, c FerYOLOSD V . 1-as--yl' 7-4-73 6,C,-o .PPotA6s0;tttikAut cok1V-PR,,extikeiLi' 0 S•-e. C CA k ( ; X (A cerVi(-r'i *30 c --2 IL -09c 8V9OVCI HdOLd-dE108-09£17-017Eld-880£1798e :al adolanu3 u6!Snooa DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: fe4-104.AciAtV . FID(A4Pri Member's Signature Member's Name (Print) ateM;tr. `C7 1/2r1/222.. Member's Title Date DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: Membs Signature Member's Title Member's Name (Print) 0�27�aoZL P D to DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: er's Signature 5r • •e 4 �^'► Asir el Member's Title .Ce L. 1.4.4601 Member's Name (Print) 0112112v Date DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any fmancial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: CA0,.CI4 bictCeam ems Signature Member's Name (Print) kc,. r — (Z P(A-) oC I2�''ZoZ2- Member's Title Date DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 a, m \ F. I) R\ EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential infonnation acquired by reason of my Committee service, or utilizing such confidential infojuiation for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: C p�2 e_,L,de 1F Nrember's Signature Member's Name (Print) /-ss 5,LaAi4- 14er*11'02 Dap u Co Member's Tit e Date DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Qualifications (RFP) No. 20-21-006-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting, or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: C; r lado "6e(r-y', M a �c�ve z er's Signature Member's Name (rint) G ti i ei' l - : /runt ay/2 M ber's Title VZZ Date RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase Project No. 40-B193622 EVALUATION OF PROPOSALS Charles Alfaro, P.E., Assistant Director, Department of Resilence and Public Works, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. JVA Engineering Contractor, Inc. David Mancini & Sons, Inc. Proposer's Qualifications and Experience 30 2_9 /2 21 Proposer's Project Manager's Qualifications and Experience Proposer's Lead Engineer/Design Manager's Qualifications and Experience 20 ^� {1 u ( t 6 \ Proposer's Team Members Qualifications and Experience 15 � 14 144 V+ Design Philosophy and Process/Technical Capabilities and Approach 10 0 I n tO Amount of Work Awarded by the City 5 5 4 1 TOTAL POINTS 100 c..\ gb\ 6,2— SIGNATURE: PRINT NAME: Clna.(101 4( 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 1/14/2022 RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I Project No. 40-B193622 EVALUATION OF PROPOSALS Jose Lago, P.E., Senior Project Manager, Office of Capital Improvements, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. JVA Engineering Contractor, Inc. David Mancini & Sons, Inc. Proposer's Qualifications and Experience 30 Z S L Proposer's Project Manager's Qualifications and Experience 20 L —4- i 7-- i ,1) Proposer's Lead Engineer/Design Manager's Qualifications and Experience 20 C S t (o i ;O Proposer's Team Members Qualifications and Experience 15 i.7 i 2. i 3 Design Philosophy and Process/Technical Capabilities and Approach 10 CI 9 Amount of Work Awarded by the City 5 5 4 1 TOTAL POINTS 100 t' Tvsz- L LAv c, 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 1/14/2022 RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I Project No. 40-B193622 EVALUATION OF PROPOSALS Jorge E. Corzo, P.E., , Director Capital Projects & Economic Development, Town of Medley EVALUATION PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. JVA Engineering Contractor, Inc. David Mancini & Sons, Inc. Proposer's Qualifications and Experience 30 Z& t 1 5 Proposer's Project Manager's Qualifications and Experience 20 ff 17 i t Proposer's Lead Engineer/Design Manager's Qualifications and Experience 20 i� 15 Q It' Proposer's Team Members Qualifications and Experience 15 t 2 ile I Design Philosophy and Process/Technical Capabilities and Approach 10 Amount of Work Awarded by the City 5 5 4 1 TOTAL POINTS 100 6 65 '+% e- 6. GD/t2v 1/14/2022 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase Project No. 40-B193622 EVALUATION OF PROPOSALS Chris Bennett, P.E., Assistant Director, Department of Resilence and Public Works, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. JVA Engineering Contractor, Inc. David Mancini & Sons, Inc. Proposers Qualifications and Experience 30 _ Proposer's Project Manager's Qualifications and Experience 20 Proposer's Lead Engineer/Design Manager's Qualifications and Experience 20 r. Proposer's Team Members Qualifications and Experience 15 i ✓ r Design Philosophy and ProcesslTechnical Capabilities and Approach 10 J Amount of Work Awarded by the City 5 5 4 1 TOTAL POINTS 100 I) n 0 SIGNATURE: PRINT NAME:/ r.") Oka .0 4,/,142-71-1-t- 1 / 14/2022 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I Project No. 40-B193622 EVALUATION OF PROPOSALS Giraldo Marquez, P.E., Chief Project Manager, Office of Capital Improvements, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. JVA Engineering Contractor, Inc. David Mancini & Sons, Inc. Proposer's Qualifications and Experience 30 e2 if 2 5 Proposer's Project Manager's Qualifications and Experience 20 Proposer's Lead Engineer/Design Manager's Qualifications and Experience 20 Proposer's Team Members Qualifications and Experience 15 a r Design Philosophy and Process/Technical Capabilities and Approach 10 r i 1 Amount of Work Awarded by the City 5 5 4 1 TOTAL POINTS 100 —17 7 7 73. SIGNATURE: l'[e 1ac7 !i )e�i �/ '/ / 4/ t-ez cam) 6' 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 1 / 14/2022 EVALUATION COMMITTEE MEETING Thursday, January 27, 2022 Department of Procurement Request for Proposals (RFP) No. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Angel R. Carrasquillo, PE, Director of Capital Improvements EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING TOTAL SCORES FINAL RANK Charles Alfaro, P.E., Assistant Director Department of Resilence and Public Works City of Miami Chris Bennett, P.E., Assistant Director Department of Resilence and Public Works City of Miami Giraldo Marquez, P.E., Chief Project Manager Office of Capital Improvements City of Miami Jose Lago, P.E., Senior Project Manager Office of Capital Improvements City of Miami Jorge E. Corzo, P.E., CFM Director Capital Projects & Economic Development Town of Medley TABULATION SHEET RFQ No. 20-21-006-R NAME OF FIRM(S) 1 Horizon Contractors, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 29 26 24 26 26 131 2A - Project Manager's Qualifications and Experience (Max. 20 points) 19 16 17 17 15 84 3A - Proposers Lead Engineer/Design Manager's Qualifications and Experience (Max. 20 points) 17 16 18 15 16 82 4A - Team Members' Qualifications and Experience (Max. 15 points) 14 13 12 13 12 64 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 10 6 1 9 8 34 6A - Amount of Work Awarded by the City (Max. 5 points) 5 5 5 5 5 25 Qualitative Scores 94 82 77 85 82 420 2 420 2 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 84% 2 JVA Engineering Contractor, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 28 26 25 25 27 131 2A - Project Managers Qualifications and Experience (Max. 20 points) 17 17 17 17 17 85 3A - Proposers Lead Engineer/Design Managers Qualifications and Experience (Max. 20 points) 16 17 18 16 15 82 4A - Team Members' Qualifications and Experience (Max. 15 points) 14 13 12 12 12 63 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 10 5 1 8 8 32 6A - Amount of Work Awarded by the City (Max. 5 points) 4 4 4 4 4 20 Qualitative Scores 89 82 77 82 83 413 3 413 I 3 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 83% Page 1 of 2 EVALUATION COMMITTEE MEETING Thursday, January 27, 2022 Department of Procurement Request for Proposals (RFP) No. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I, Project No. 40-B193622 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Angel R. Carrasquillo, PE, Director of Capital Improvements EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING TOTAL SCORES FINAL RANK Charles Alfaro, P.E., Assistant Director Department of Resilence and Public Works City of Miami Chris Bennett, P.E., Assistant Director Department of Resilence and Public Works City of Miami Giraldo Marquez, P.E., Chief Project Manager Office of Capital Improvements City of Miami Jose Lago, P.E., Senior Project Manager Office of Capital Improvements City of Miami Jorge E. Corzo, P.E., CFM Director Capital Projects & Economic Development Town of Medley TABULATION SHEET RFQ No. 20-21-006-R NAME OF FIRM(S) 3 David Mancini & Sons, Inc. 1A - Proposer's Qualifications and Experience (Max. 30 points) 29 27 27 27 25 135 2A - Project Manager's Qualifications and Experience (Max. 20 points) 19 18 18 18 18 91 3A - Proposer's Lead Engineer/Design Manager's Qualifications and Experience (Max. 20 points) 19 18 18 18 18 91 4A - Team Members' Qualifications and Experience (Max. 15 points) 14 13 13 13 13 66 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 10 7 1 9 8 35 6A - Amount of Work Awarded by the City (Max. 5 points) 1 1 1 1 1 5 Qualitative Scores 92 84 78 86 83 423 1 423 1 Tie Breakers = Sub -Total Qualitative Points for IA, 2A, 3A, 4A, 5A, and 6A in that order. 85% Chairperson: Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP Page 2 of 2 r1 Tann STEP 2 MEETING SIGN -IN SHEET REQUEST FOR QUALIFICATIONS (RFP) NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads Phase I Project NO. 40-B193622 Meeting Date: March 29, 2022, 1:00 p.m. Representative (Please print clearly) Company's Name Phone Number Email Address 3 GSA- L LAB 0 C � �� �1iv�i+wi � � J` ���` �i��1ZSC t � 1-�ctp � tiv.iAN►e 0 v.t;�=-)► Alir� �:; r-� �7 (J CCC; ir ye- %` 7s q .3p5-- 670 - 2 3 S'v 5 A L ; s-!` Fr,". (Acc L=-75 . C a4il M.\,)<- � ^�-�-[ G JSEG �/'�, Q` ' ` 4 ,C\ E (j �2) �='ji��'//�q'f{7 `t, ervwfvke \). 1,/ ca-t4 c-f'wectlitk ----)z 'n3 'h-C-- Fft0c1:fi it WOVilitr, G\‘/-c\c-tc, " ,(77" el 7 C: --1-2/ clr nr-il'e.-y„ 7 -3-3 'S ci / 6 7 2 VS y-rvicrq-Lezr_iin lem �'t_ e i 4 . ' A01AC?"Arzis? C •I 0 - �`` to-�-�-L 30.E ck (tom Ic OIL 6 - Coi X0A) Of tit t. t (5.5) `t34 - /RR jco@a3 met 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa taiP aituuf tauti STEP 2 MEETING SIGN -IN SHEET REQUEST FOR QUALIFICATIONS (RFP) NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase I Project NO. 40-B193622 Meeting Date: March 29, 2022, 1:00 p.m. Representative (Please print clearly) Company's Name Phone Number Email Address Ail&rs C,,,-dt v2.1 --*Z0,.-1/14)5C.,.. SDS c-2:7> c-,a).cio-c)ae..:149c_r‘,,,,'ylee,-y)rei ,cx irikeA&C) - i [169f-e2&-tri 171f2 Y)5'.,,,9,39, ‘-}-foa i, init.?,,a2aii\locex ixegitsc424 1Z0- ,f.ceir---- Z4j N1.3 +M 4/ if II II aCbk_erkirl toce---A: 4, nqn 41116 g• ,S A LvA r Hc:11 I-16C (.365) 6Z. B' - -z6).5e) xtse H CI AAA TL. , -Ajj 7- 0 0 0 cro m 0 6 co co co 0 co co Co 0 cn 0 do 0 Co - n 0 - n - n 0 0 Mm taint STEP 2 MEETING SIGN -IN SHEET REQUEST FOR QUALIFICATIONS (RFP) NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase I Project NO. 40-B193622 Meeting Date: March 29, 2022, 1:00 p.m. Representative (Please print clearly) Company's Name Phone Number Email Address -' $ C:t-C �1 A.:P fi,&c,,: , erg.-- 2" -errk C e, F ,�' -i6 ! i f SSE , ° !� i� 1. �J i�I `c) /��i _ i 4 5�cc Z- I ___ v 2 v6 f ih� � 6,, G 7 . Q �; ERILLOS HE , L- 3�+ r f ) C- 41.ii.e A P C 1 L. CO +c . Ajl l c� P` pia 5 d . `'an c.-6-1 - ' } ice Y e 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I STEP 2 MEETING - EVALUATION OF TECHNICAL PROPOSALS March 29, 2022 Jose Lago, P.E., Senior Project Manager, Office of Capital Improvements City of Miami EVALUATION \ PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. David Mancini & Sons, Inc. JVA Engineering Contractor, Inc. Proposer's Qualifications and Experience § Approach to Scope Management Practices § Adapting to Changes § Validating scope in the Design Criteria Package § QA/QC Deliverables 30 7 Z - Proposers Construction Approach § Approach to Scope Sequencing § Maintenance of Traffic (MOT) § Addressing Unexpected and/or Unforeseen Conditions 50 t# 1 Ability to Provide the Required Services within Schedule and Budget § Budgeting and Construction Project Plan § Scheduloing Practices/Recovery Schedule § Proposed RFP Schedule vs. Proposed Design -Builder Schedule 20 G TOTAL POINTS 10062 010 SIGNATURE: PRINT NAME: ,3 05, L- rj✓ 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 3/29/2022 RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I STEP 2 MEETING - EVALUATION OF TECHNICAL PROPOSALS March 29, 2022 Charles Alfaro, P.E., Assistant Director, Department of Resilence and Public Works City of Miami EVALUATION \ PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. David Mancini & Sons, Inc. JVA Engineering Contractor, Inc. Proposer's Qualifications and Experience § Approach to Scope Management Practices § Adapting to Changes § Validating scope in the Design Criteria Package § QA/QC Deliverables 30 �j L 2—lj�' Proposer's Construction Approach § Approach to Scope Sequencing § Maintenance of Traffic (MOT) § Addressing Unexpected and/or Unforeseen Conditions 50 L�/ O I lir( Ability to Provide the Required Services within Schedule and Budget § Budgeting and Construction Project Plan § Scheduloing Practices/Recovery Schedule § Proposed RFP Schedule vs. Proposed Design -Builder Schedule 20 \--1l ` CI TOTAL POINTS 100 q(--\ c\2 SIGNATURE: PRINT NAME: cxlutwA . AAr-(o 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 3/29/2022 RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I STEP 2 MEETING - EVALUATION OF TECHNICAL PROPOSALS March 29, 2022 Giraldo Marquez, P.E., Chief Project Manager, Office of Capital Improvements City of Miami EVALUATION \ PROPOSERS CRITERIA Maximum Points Horizon Contractors, Inc. David Mancini & Sons, Inc. JVA Engineering Contractor, Inc. Proposer's Qualifications and Experience § Approach to Scope Management Practices § Adapting to Changes § Validating scope in the Design Criteria Package § QA/QC Deliverables 30 3 -2 ii Proposer's Construction Approach § Approach to Scope Sequencing § Maintenance of Traffic (MOT) § Addressing Unexpected and/or Unforeseen Conditions 50 Lr 3 Ability to Provide the Required Services within Schedule and Budget § Budgeting and Construction Project Plan § Scheduloing Practices/Recovery Schedule § Proposed RFP Schedule vs. Proposed Design -Builder Schedule 20 TOTAL POINTS 100 S g 3 SIGNATURE: Ce{� 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 3/29/2022 RFP NO. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads — Phase I STEP 2 MEETING - EVALUATION OF TECHNICAL PROPOSALS March 29, 2022 Jorge E. Corzo, P.E.,QUIF, Director Capital Projects & Economic Development Town of.,Medley. EVALUATION \ PROPOSERS CRITERIA _ Maximum . ,Points Horizon . Contractcirs, Inc. David Mancini 84_ Sons, Inc. JVA Engineering Contractor, Inc. Proposer's Qualifications and Experience § Approach to Scope Management Practices / § Adapting to Changes •• § Validating scope in the Design Criteria Package § QA/QC Deliverables t 30:. 2r 3 +� /�/� G`� Proposer's Construction Approach § Approach to Scope Sequencing § Maintenance of Traffic (MOT) § Addressing Unexpected and/or Unforeseen Conditions 50 4$ Ability to Provide the Required Services within Schedule and Budget § Budgeting and Construction Project Plan § Scheduloing Practices/Recovery Schedule § Proposed RFP Schedule vs. Proposed Design -Builder Schedule 20 17 VI TOTAL POINTS 100 '37 q Ce r01466. £'/LZb 8d9od4HdoLd-d808-09£b-ob8d-884£b98£:al adoIanu3 u6!Snooa 3/29/2022 STEP 2 -EVALUATION COMMITTEE MEETING Tuesday, March 29, 2022 Department of Procurement Request for Proposals (RFP) No. 20-21-006-R Design -Build Services for Repair and Reconstruction of Citywide Roads - Phase I, Project No. 40-B193622 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Angel R. Carrasquillo, PE, Director of Capital Improvements EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING TOTAL SCORES Proffered Bid Price Adjusted Bid FINAL RANK STEP 2 Charles Alfaro, P.E., Assistant Director Department of Resilence and Public Works City of Miami Giraldo Marquez, P.E., Chief Project Manager Office of Capital Improvements City of Miami Jose Lego, P.E., Senior Project Manager Office of Capital Improvements City of Miami Jorge E. Corzo, P.E., CFM Director Capital Projects & Economic Development Town of Medley TABULATION SHEET RFQ No. 20-21-006-R NAME OF FIRM(S) 1 Horizon Contractors, Inc. 18 - Proposer's Design Approach 2B - Proposer's Construction Approach 3B - Ability to Provide the Required Services within Schedule and Budget Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 29 48 17 94 23 42 17 82 26 43 17 86 25 45 17 87 103 178 68 349 87% 2 349 $6,425,000.00 18409.74 2 2 David Mancini & Sons, Inc. 18 - Proposer's Design Approach 2B - Proposer's Construction Approach 3B - Ability to Provide the Required Services within Schedule and Budget Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 26 47 19 92 24 43 16 83 27 45 18 90 29 48 19 96 106 183 72 361 90% 1 361 $4.350.000.00 12049.86 1 Chairperson: Fernando V. Ponassi, MA Arch., MA PPA, LEEDMAP 8V9adaHdoLd-d808-oS£b-ab8d-88a£b98£:al adolanu3 u6isnooa Page 1 of 1 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 CITY OF MIAMI - DESIGN -BUILD SERVICES FOR THE REPAIR AND RECONSTRUCTION OF CITYWIDE ROADS RFP No. 20-21-006-R PHASE I COST BREAKDOWN PER SEGMENT ITEM DESCRIPTION AMOUNT 1 MOBILIZATION $989,927.50 2 SITE 19A - NW 23RD ST FROM NW (12TH-11TH) AV INC. INTERSECTION $429,369.20 3 SITE 19B - NW 23RD ST FROM NW (11TH-10TH) AVENUE $546,469.89 4 SITE 20 - NW 10TH CT NORTH OF NW 21ST ST $324,517.02 5 SITE 25 - NW 8TH AVE & NW 28TH ST. $202,853.87 6 SITE 27 - NW 35TH ST & NW 8TH AVE. $218,495.15 7 SITE 28 - NW 35TH ST & NW 11TH AVE. $327,389.82 TOTAL $3,039,022.45 PHASE II COST BREAKDOWN PER SEGMENT ITEM DESCRIPTION AMOUNT 1 MOBILIZATION $494,963.80 2 NW 6TH PL NORTH OF NW 21 ST TERR $173,356.71 3 NW 23RD STREET EAST OF NW 7TH AVENUE $244,926.97 4 NW 24TH STREET EAST OF NW 7TH AVENUE $290,697.24 5 NW 26TH STREET EAST OF NW 7TH AVENUE $269,685.31 6 NW 33RD STREET CIRCLE EAST OF NW 7TH AVENUE CIRCLE $332,311.32 TOTAL $1,805,941.35 TOTAL CONTRACT AWARD VALUE ITEM DESCRIPTION AMOUNT 1 PHASE I $3,039,022.45 2 PHASE II $1,805,941.35 TOTAL $4,844,963.80 3 OWNER'S CONTINGENCY ALLOWANCE TBD (5%-10%) Sub David Mancini & Sons Fabio Angarita / Vice President Full Name/Title 11/15/2022 Date Approved by: Digitally signed by Badia, Hector Date: 2022.11.16 11:46:44 -05'00' City of Miami, Office of Capital Improvements Hector Badia, Interim Director OCI Ful Name/Title 11/16/2022 Date R-19-01 R7 A RFSOT,TTTTON THF. MTAMT CITY COMMISSION, WITH ATTACH... Page 1 of 2 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 ami Official website of the City of Miami .L 4 00 Print This Page x woraw ��o 0it '10 Miami FL Resolution R-19-0187 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A — 9/10/14 REVISED," WITH "ATTACHMENT A — 4/12/19 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS WITH FUNDING ALLOCATED FROM THE "MIAMI FOREVER BOND;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS AND OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. Information Department: Off- ice of Capital Improvements Category: Other Attachments Agenda Summary and Legislation 5787 Exhibit 5787 Pre -Legislation Financial Impact Sponsors: Commiss- ioner Wifredo (Willy) Gort OCI Project No.: Miami Forever Bond Body/Legislation WHEREAS, Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic stimulus awards and agreements," established measures to stimulate the local economy by creating a process to expedite the award of professional services agreements and contracts for certain projects identified in an Attachment "A" of said Ordinance; and WHEREAS, in accordance with Sections 287.055 and 255.20, Florida Statutes, respectively, Section 18- 117 also authorizes the City Manager to advertise for, receive, review, reject, and evaluate responses and award contracts for the listed projects; and WHEREAS, pursuant to Section 18-117(b) of the City Code, the City Commission may add or delete projects from Attachment "A" by Resolution; and WHEREAS, Resolution No. 14-0372 adopted September 29, 2014 replaced the original Attachment "A" with the current Attachment "A — 9/10/14 REVISED"; and WHEREAS, the City desires to replace the current Attachment "A — 9/10/14 Revised," with Attachment "A — 4/12/19 Revised," attached and incorporated, for the purpose of including upcoming capital improvement solicitations; and WHEREAS, on November 7, 2017, the registered voters of the City of Miami ("City") approved by referendum ballot for the City to issue General Obligation Bonds in an aggregate principal amount not to exceed Four Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property within the City, providing that the capital projects' debt millage not exceed the current rate of 0.5935, for capital projects addressing the reduction of flooding risks, the improvement of storm water infrastructure, the enhancement of public safety, the provision of affordable housing, economic development, parks, cultural facilities, streets, and infrastructure ("Miami Forever Bond"); and WHEREAS, considering these projects require efficiency across planning, procurement, and implementation of program components, the City's Office of Capital Improvements ("OCI") and the City Manager recommend replacing Attachment "A — 9/10/14 Revised" with Attachment "A - 4/12/19 Revised," attached and incorporated, which is inclusive of upcoming OCI solicitations and construction projects; and WHEREAS, pursuant to Section 18-117(e) of the City Code, amongst the requirements for such projects, the City's Office of Management and Budget ("Budget") will perform a review of budgetary availability prior to the time of award of any contract for the same; http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=5787&highlightTerms=r-19-0... 1/19/2023 R-19-01 R7 A RFSOT,TTTTON THF. MTAMT CITY COMMISSION, WITH ATTACH... Page 2 of 2 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment of the City's list of expedited projects pursuant to Section 18-117 of the City Code by replacing the current Attachment "A — 9/10/14 Revised" with Attachment "A - 4/12/19 Revised," attached and incorporated, for the purpose of including upcoming capital improvement solicitations and projects is hereby authorized. Section 3. The allocation of funding for the list of expedited projects from the Miami Forever Bond is hereby authorized. Section 4. In accordance with Sections 287.055 and 255.20, Florida Statutes, respectively, and pursuant to Section 18-117 of the City Code, the City Manager is authorized[1] to advertise for, receive, review, reject, evaluate, award, and execute contracts, including professional services agreements and construction contracts, for the projects identified in Attachment "A - 4/12/19 Revised," attached and incorporated. Section 5. The City Manager is further authorized' to negotiate and execute any and all agreements and other documents, including any amendments and extensions, subject to all allocations, appropriations, and budgetary approvals having been previously made, in compliance with all applicable provisions of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable rules and regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History May 9, 2019 9:00 AM City Commission Regular Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Keon Hardemon, Commissioner, District Five SECONDER: Wifredo (Willy) Gort, Commissioner, District One AYES: Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes, Keon Hardemon http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=5787&highlightTerms=r-19-0... 1/19/2023 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 DAVIMAN-01 DAVIDL , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE(M 3/23/202YYY) 2022 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 Insurance Office of America, Inc. 1855 West State Road 434 Longwood, FL 32750 CONTACT Brenda Laflamme NAME: PHONE FAX (A/c, No, Ext): (407) 998-5421 15421 (A/C, No): (407) 788-7933 ADDRESS: IBrenda.Laflamme@ioausa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER : Liberty County Mutual Insurance Company 19544 INSURED David Mancini & Sons, Inc. 2601 Wiles Rd Pompano Beach, FL 33073 INSURER B : Zurich American Insurance Company 16535 INSURER C : Indian Harbor Insurance Company 36940 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 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 POLICES 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 X X TB5-Z51-292589-032 Approved by Frank Gomez 4/1/2022 03/23/2022 4/1/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 $ X X' C' U MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 EMPLOYEE BENEFI $ 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS AUUTOS ONLY X X AS7-Z51-292589-042 4/1/2022 4/1/2023 COMBINED SINGLE LIMIT (Ea accident) 1,000 000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per Pccident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X x TH7-Z51-292589-062 4/1/2022 4/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A x WC2-Z51-292589-062 4/1/2022 4/1/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ B C Installation Floater Prof & Poll Liab CPP6939810-00 PEC005881301 4/1/2022 4/1/2022 4/1/2023 4/1/2023 Installation Floater $1 mm each claim/agg 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job Order Contracting (JOC) for Horizontal and Vertical Construction Services RFP No. 18-19-001 City of Miami is included as additional Insured on a primary & non-contributory basis with respect to general liability and auto liability as required by written contract. Contractual is included. XCU is not excluded. 30 day notice of cancellation is included except for 10 days for non-payment of premium. Policy includes coverge for the named insured excess of subcontractors insurance. CERTIFICATE HOLDER CANCELLATION City of Miami - Project RFP No. 18-19-001 444 SW 2nd Ave, 8th Floor (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 - A034287 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 From: Gomez Jr., Francisco (Frank) To: Caseres. Luis Cc: Quevedo, Terry Subject: RE: Certificate of Insurance for David Mancini & Sons, Inc. Date: Wednesday, March 23, 2022 12:36:12 PM Attachments: image003.pnq image005.pnq Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, March 23, 2022 12:24 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: Certificate of Insurance for David Mancini & Sons, Inc. Good afternoon, Please review and approve. Detail by Rntity Name DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 1 of 3 Florida Department of State .org Department of State / Division of Corporations / Search Records / an official 5ftuy of Florida websif , Search by Entity Name / DIVISION OF CORPORATIONS Detail by Entity Name Florida Profit Corporation DAVID MANCINI & SONS, INC. Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Principal Address 2601 Wiles Road Pompano Beach, FL 33073 Changed: 02/03/2020 Mailing Address 2601 WILES ROAD P10000086044 27-3716806 10/20/2010 10/20/2010 FL ACTIVE AMENDMENT 03/23/2015 NONE POMPANO BEACH, FL 33073 Changed: 05/15/2017 Registered Agent Name & Address MANCINI, DAVID A 2601 WILES ROAD POMPANO BEACH, FL 33073 Address Changed: 05/15/2017 Officer/Director Detail Name & Address Title P MANCINI, DAVID 1875 N HIBISCUS DRIVE Miami, FL 33181 Title SECR https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 1/19/2023 Detail by Rntity Name DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 2 of 3 MANCINI , DAVID A, Jr. 1875 N. HIBISCUS DRIVE MIAMI, FL 33181 Title VP Mancini, David A, Jr. 1875 N HIBISCUS DRIVE Miami, FL 33181 Title VP MANCINI, RICHARD 2601 WILES ROAD POMPANO BEACH, FL 33073 Title Vice -President Angarita, Fabio 2601 Wiles Road Pompano Beach, FL 33073 Annual Reports Report Year Filed Date 2021 01/29/2021 2022 02/01/2022 2022 02/22/2022 Document Images 02/22/2022 --AMENDED ANNUAL REPORT 02/01/2022 --ANNUAL REPORT 01/29/2021 --ANNUAL REPORT 02/03/2020 -- ANNUAL REPORT 01/24/2019 -- ANNUAL REPORT 01/16/2018 --ANNUAL REPORT 05/15/2017 -- Rep. Agent Change 02/02/2017 -- ANNUAL REPORT 01/26/2016 --ANNUAL REPORT 10/15/2015 -- AMENDED ANNUAL REPORT 03/23/2015 -- Amendment 01/13/2015 -- ANNUAL REPORT 09/30/2014 --AMENDED ANNUAL REPORT 01/17/2014 --ANNUAL REPORT 03/13/2013 -- ANNUAL REPORT 02/24/2012 -- ANNUAL REPORT 02/22/2011 --ANNUAL REPORT 10/20/2010 -- Domestic Profit 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 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/SearchResultDetail?inquirytype=Entit... 1/19/2023 T)etail by Entity Name DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 Page 3 of 3 Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 1/19/2023 DocuSign Envelope ID: 38643DBB-FB4C-435C-BOBF-F7CFF1 DAC6A8 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 Design -Build Firm 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 Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Design -Build Firm hereunder, and Design -Build Firm shall require all of its employees, agents, Sub -Design -Build Firms, 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 an 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 Design -Build Services for Repair and 66 RFP No. 20-21-006-R Reconstruction of Citywide Roads - Phase 1 Olivera, Rosemary From: Caseres, Luis Sent: Friday, April 21, 2023 10:13 AM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony Cc: Cambridge, Susan; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise Subject: Document Distribution - RFP 20-21-006-R- Design Build Services for Repair and Reconstruction of Citywide Roads — Phase 1 Attachments: RFP_21-22-006-R_-_Design-Build_Contract_Very_Executed 04-21-2023.pdf Good morning 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. Paola You may now close this Matter ID 23- 206 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Design Build Agreement First Party: City of Miami Second Party: David Mancini & Sons, Inc. Program/Purpose: Design Build Services for Repair and Reconstruction of Citywide Roads — Phase 1 Effective Date: 04/21/2023 Best regards, i LuA.- Caere - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2