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HomeMy WebLinkAbout24851AGREEMENT INFORMATION AGREEMENT NUMBER 24851 NAME/TYPE OF AGREEMENT JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. DESCRIPTION GUARANTEED MAXIMUM PRICE AGREEMENT/CONSTRUCTION MANAGER AT RISK SERVICES FOR WEST END PARK D-4 RFP NO. 21-22-001- R/MATTER ID: 21-2996 EFFECTIVE DATE March 11, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/11/2024 DATE RECEIVED FROM ISSUING DEPT. 3/11/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Anthony Hansen/Luis Caseres EXT. 1895 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Pirtle Construction Company, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $16,841,938.52 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) PURPOSE OF ITEM (BRIEF SUMMARY) RFP 21-22-001-R Execution of a Guaranteed Maximum Price ("GMP") Agreement for Construction Manager at Risk ("CMAR") for West End Park - D4. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: The City Manager is authorized to execute this Agreement under City of Miami Code, Section 18-117, "Economic Stimulus Awards and Agreements." ROUTING INFORMATION Date Signature/Print�q APPROVA BTSE, tTMENTAL DIRECTOR eviewe y o procee anager March 6, 2024 r ' e2P�e EST DocuSigned by: �-n e. /� Q.�i lAr M r:i909 i9 �6&11FigIEWb6... tan 61.0.M.t,jh will sign memo and agreement at the end. SUBMITTED TO RISK MANAGEMENT March 6, 2024 SUBMITTED TO CITY ATTORNEY ID No 24P k R. Velez on behalf of March 7, 2024 t� MP Vii7 r 9 fflsZr ��494410... r—DocuSigned is,f_cinret_ by: ���Matter (3/6/24) Matter 21-2996 APPROVAL BY BUDGET OFFICE Funding is available in 40-B183505 and March 8, 2024 Me ado n I fi 39: �4 EST Da�b ed-69457... `-- 40-B183505A for construction only.LEM A I46VAL BY ASSISTANT CITY MANAGER March 11, 2024 ar Snri 4 :T1Z: EDZ �SFE-8-31- 540° r—DocuSigned by: (/ S.12(1 APPROVAL BY DEPUTY CITY MANAGER March 11, 2024 Nzeribe Ihekwaba I 14:41:23 ED "— C9D2602B97E54D4... DocuSigned by: N7 a.t.tio,.... .'---1.74.41.4C-4.4-> 6,13.1 RECEIVED BY CITY MANAGER March 11, 202L n \/ �rfTSrxDT p—DocuSigned by: a._'I g \aerccc72o 2A... SUBMITTED TO AND ATTESTED BY CITY CLERK March 11, 2024Todr_�ia4rbno4rl I E D�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 24072 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 GUARANTEED MAXIMUM PRICE AGREEMENT OVERVIEW AGREEMENT TITLE: Guaranteed Maximum Price Agreement between the City of Miami and Pirtle Construction Company for Construction Manager at Risk (CMAR) Services for West End Park — D4 AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ 0 City Manager — Authority under City of Miami Code Section 18-117 ❑ City Commission — RESOLUTION No. 1. PROCUREMENT METHOD: 0 RFP/RFQ ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): WHAT IS THE SCOPE OF SERVICES? The CMAR firm agrees to provide complete Construction Manager at Risk 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, as well as the executed Construction Manager at Risk Work Order Proposal. The CMAR firm shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Required services to be provided by the CMAR firm may include, but are not limited to, Pre -Construction Services and Construction Management/Construction Services. 2. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Parks & Recreation and Office of Capital Improvements. 3. IS THE AWARDEE THE INCUMBENT? N/A 4. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 5. WHEN DOES THE CURRENT CONTRACT EXPIRE? Until Final Completion is accepted by the City. DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 6. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 7. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? CMAR firm selected under Florida Statutes, Sections 255.103, "Construction Management or Program Management entities," and 287.055, "Consultants' Competitive Negotiation Act." DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager Annie Perez, CPPO Chief Procurement Officer/Director Department of Procurement DocuSigned by: `— 89540 E B 73 CAC468... DATE: March 6, 2024 SUBJECT: Guaranteed Maximum Price (GMP) Agreement pursuant to RFP No. 21-22-001-R, Construction Manager at Risk Services for West End Park - D4, Project No. 40-B183505 REFERENCES: Request for Proposals ("RFP") No. 21-22-001-R ENCLOSURES: RFP Document, Pre -Construction Services Contract, Guaranteed Maximum Price (GMP) Sheet RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the attached Guaranteed Maximum Price (GMP) agreement ("Agreement"), in the amount of $16,841,938.52, be executed between the City of Miami ("City") and James B. Pirtle Construction Company, Inc. d.b.a. Pirtle Construction Company ("Pirtle"). Pursuant to the Construction Manager at Risk (CMAR) Services for West End Park Project ("Project") solicited under Request for Proposals (RFP) No. 21-22-001-R, and the subsequent Pre -Construction Services contract executed by the City Manager on April 19, 2023, the Agreement will allow Pirtle to implement the design solutions for the Project. FISCAL IMPACT: The potential fiscal impact to the City as a result of this Agreement is Sixteen Million Eight Hundred Forty - One Thousand Nine Hundred Thirty -Eight Dollars and Fifty -Two Cents ($16,841,938.52), which includes core construction services in the amount of Fourteen Million Four Hundred Eighty -Eight Thousand Four Hundred One Dollars and Twenty Cents ($14,488,401.20), Contingency Allowances in the amount of Five Hundred Twenty -Two Thousand Four Hundred Fifty -Two Dollars ($522,452.00), a Schedule Performance Incentive in the amount of Three Hundred Thousand Dollars ($300,000.00), and a 10% Owner's Contingency Allowance in the amount of One Million Five Hundred Thirty -One Thousand Eighty -Five Dollars and Thirty -Two Cents ($1,531,085.32). BACKGROUND On February 25, 2022, Procurement issued RFP No. 21-22-001 for the provision of CMAR services for the Project, on behalf of the City's Parks and Recreation Department (Parks) and the Office of Capital Improvements (OCI). On March 28, 2022, Procurement received two (2) proposals from Recreational Design and Construction, Inc., and Link Construction Group in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of the due diligence effort, both proposals were deemed non -responsive to the minimum qualifications and experience requirements of the RFP. Neither Proposer met the requirement of having a Project Manager with Project Management certification issued by the Project Management Institute (PMI). As a result, both Proposers were sent a Letter of Non -Responsiveness on May 23, 2022. Subsequently, Procurement and Parks held an Industry Day on June 28, 2022, at the project site in order to give potential proposers an opportunity to provide feedback on the intended minimum qualifications and experience requirements. Said requirements were significantly lowered from the ones set forth in the original solicitation, in order to encourage higher turnout and wider participation from the industry at large. After a deliberate and comprehensive discussion of the revised requirements between the City staff and PR24052 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Page 2 — Amendment to RFQ No. 16-17-057, Architectural Services for Miscellaneous Projects Arthur Noriega V, City Manager the audience, a new RFP was drafted incorporating the revised requirements and was scheduled for advertisement. On July 15, 2022, Procurement issued RFP No. 21-22-001-R for the provision of the aforementioned CMAR services. On August 31, 2022, Procurement received one (1) proposal from Pirtle in response to this solicitation. Subsequently, the sole proposal was reviewed by Procurement staff, and upon completion of its due diligence effort, it was deemed responsive and responsible in accordance with the minimum qualification and experience requirements of the RFP. On November 9, 2022, an Evaluation Committee ("Committee") appointed by the City Manager on October 7, 2022, met to complete the Step 1 evaluation of the sole responsive and responsible proposal, following the guidelines stipulated in the solicitation. The Committee decided to waive Step 2 proceedings as it was determined that the information included in the sole proposal regarding qualifications and past experience of the firm was sufficient to make such a determination. As a result, the Committee recommended the City Manager to authorize negotiations of a contract with Pirtle. On January 3, 2023, the City Manager approved the commencement of negotiations with Pirtle. The Negotiations Committee met on January 30, 2023, and on February 16, 2023, to discuss and evaluate Pirtle's Fee Proposal for Pre -Construction Services, as well as a Construction Manager Fee for the eventual construction services. After extensive deliberations, the Negotiations Committee approved the proposal from Pirtle, and recommended the award of the Contract on February 22, 2023. The Contract was awarded on March 6, 2023. Upon completion by Pirtle of the Pre -Construction Services phase, on or about August 30, 2023, the City requested Pirtle to prepare and submit their proposed GMP to implement the design solutions from the Architect of Record. Pirtle then proceeded to obtain bids from responsive and responsible subcontractors through an open, competitive bidding process that ended on November 8, 2023. Subsequently, exhaustive negotiations and discussions were held between Pirtle, Procurement, Parks, and OCI, which culminated with the proposed GMP for construction services being accepted by the City on February 23, 2024. Based on the above findings, Procurement recommends that the Agreement be executed under the above - referenced conditions. 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 (copy attached), the City Manager has delegated authority to execute the ensuing agreement. Your signature below indicates your approval of Procurement's recommendation. Approved: DocuSigned by: ft5OrP6C 77Dna7A Arthur Noriega V, City Manager Date: March 11, 2024 1 15:00:55 EDT c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Director, OCI Christopher S. Evans, Director, Parks Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR24052 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 RFP NO. 21-22-001-R CONSTRUCTION MANAGER AT RISK SERVICES FOR WEST END PARK - D4 GURANTEED MAXIMUM PRICE (GMP) AGREEMENT This Guaranteed Maximum Price (GMP) Agreement, hereinafter called the "AGREEMENT," made and entered into thisllth day of March in the year 202024 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY" and/or "OWNER," and James B. Pirtle Construction Company, Inc., d.b.a. Pirtle Construction Company, hereinafter called the "CMAR." WITNESSETH: WHEREAS, the CMAR is a Florida Corporation or is otherwise duly authorized to transact business in Florida; and WHEREAS, the CITY intends to construct a community building, swimming pool, baseball field, tennis courts, basketball courts, a playground, and open spaces at the West End Park, located at 6030 SW 2nd Street, Miami, FL 33144, and desires to continue engaging the services of the CMAR, and the CMAR desires to act as CONSTRUCTION MANAGER AT -RISK to the CITY to provide CONSTRUCTION MANAGEMENT and CONSTRUCTION SERVICES as set forth in this AGREEMENT. IN CONSIDERATION of the Construction Manager (CM) Fee and the proposed Guaranteed Maximum Price (GMP), covenants and conditions herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the CITY agrees to pay the CMAR a lump sum fee of $15,310,853.20 (inclusive of $522,452.00 in CMAR's Contingency Allowances, and a $300,000 Schedule Performance Incentive subject to early completion of Phase 1 under specific schedule conditions), and the CMAR hereby agrees to furnish, as required, CONSTRUCTION MANAGEMENT AND CONSTRUCTION SERVICES in accordance with the period and the value of those services stated. In addition, a 10% Owner's Contingency Allowance has been established by the CITY in the amount of $1,531,085.32. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 SECTION 1 DEFINITIONS The following terms shall have the meanings specified below. The captions appearing in this Agreement are for convenience only and shall in no way define, amplify, limit, or describe the scope or intent of this Agreement or any part thereof. Defined terms below and defined terms in the General Conditions of the Contract for Construction are capitalized throughout this Agreement. The following terms herein shall have the respective meanings defined below as set forth in the Agreement between the City and the CMAR (the "Agreement"): Allowance means an estimated, pre -established, line -item amount identified in the Guaranteed Maximum Price (GMP) Proposal which is separate and apart from any contingency, and which is intended to cover the cost of specifically identified or anticipated scope of work which exact character was not known at the time of the GMP Proposal. The inclusion of any Allowance in the GMP Proposal shall be at the sole discretion of the City. Architect/Engineer or A/E means the person or firm designated as the Architect/Engineer of Record for the Project, or any portion thereof. Also referred to as the Design Professional, this entity has entered into a separate agreement with the City for design and construction administration services for this Project. Architect of Record ("AOR") means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. For purposes of this contract, the AOR is Natividad Soto, FAIA, President of Ferguson Glasgow Schuster Soto, Inc., 901 Ponce de Leon Blvd., Suite 304, Coral Gables, FL 33134, (305) 443-7758, Nsoto@fgss.net. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bonds mean the Payment Bond and the Performance Bond furnished by the CMAR as required by this Agreement and Chapter 255, Florida Statutes. Bond Premium means the direct cost of the premium paid for the Bond(s). Budget means the amount established by the City to pay for the GMP for this project. Building Code Consultant (BCC) means consultant(s) to the City (and/or in-house City staff) who perform building code and quality reviews and inspections. CMAR Principal means the person designated by the CMAR as its senior representative to the City. The CMAR Principal shall perform those duties required in this Agreement and shall have the authority to commit and obligate the CMAR, and to fully act for the CMAR in all matters. Change Order means a written change order to effect changes to the Work, prepared by the CMAR and executed by the City, the CMAR and the AOR in accordance with this Agreement that changes the GMP, contract time, or other term or condition of the Agreement. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, the City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, the words City and Owner are interchangeable and meant to represent the City Manager or City Manager's designee, as applicable. Construction Manager at Risk 2 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 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. Claim means a written demand, assertion, dispute, or other such claim by one of the parties hereto arising out of or based upon the terms and conditions of the Contract Documents. Constructability Review means a written summary of the CMAR's recommended modifications to the Drawings and Specifications relating to the Project, based on an evaluation of the Project requirements, on and off -site development, survey requirements and project budget requirements and a review of the design documents and the Drawings and Specifications, and the Contract Documents. Construction Change Directive means a written directive to effect changes to the Work, prepared by the AOR or the City, and executed by the City. Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the City or the City's designee) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling, and Project close-out. Construction Estimate means a cost estimate for the completion of the entire Scope of the Work for the Project, which shall include all components of the Cost of the Work, as well as the Construction Manager's Fee plus the Guaranteed Maximum Price (GMP) for the Project. Construction Manager at Risk ("CMAR") means the firm engaged by the City to deliver the Project within a proposed GMP. The CMAR acts as consultant to the Owner in the development and design phases, often referred to as "Pre -Construction Services," and as the equivalent of a general contractor during the "Construction Services" phase. For the purposes of this Agreement, the CMAR is James B. Pirtle Construction Company, Inc., d.b.a. Pirtle Construction Company, Mike Geary, President, 175 SW 7th Street, Miami, 33130, (954) 536-1684, Mike@pirtleconstruction.com. Construction Manager (CM) Fee Multiplier means the fee proposed by the CMAR to include all indirect costs, not limited to all home office overhead and general business overhead, profit, project management and administration, non-project's originated insurances (i.e., owned and non -owned vehicles, workers' compensation, general liability, etc.), and any additional CMAR's mark-up. The CM Fee Multiplier has been established at a value of 1.07, and may not include Payment and Performance Bonds, or project originated insurance such as Builders' Risk. Construction Manager's General Conditions means the necessary and reasonable costs incurred by the CMAR directly attributable to complete the Work. The CMAR's General Conditions shall be a component of the Cost of the Work, and shall be a fixed amount during the entire Construction Phase for the Project. The CMAR's General Conditions costs plus the sum of the accepted subcontract bids and any CMAR's Contingency Allowances plus the CM Fee Multiplier shall comprise the GMP and shall be the total amount paid to the CMAR for the successful completion of the Work. Construction Phase Services means the services to be performed by or through the CMAR during the construction phase of the Project, including, without limitation, the Work for the Project, and such other services as called for by this Agreement or reasonably inferred there from. Construction Services Agreement means the GMP Agreement, a formal binding document reflecting the GMP Proposal for the Project, once accepted by the City in its sole discretion, in the form attached as Exhibit "A" hereto, which shall automatically become a part hereof upon the City and CMAR's execution of same. Construction Schedule means a critical path schedule or other construction schedule, as defined, and required by the Contract Documents. Construction Manager at Risk 3 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Construction Team means the construction team consisting of representatives of the CMAR, the City, and the AOR, who shall work as a team through Final Completion of the entire Project, as determined by the AOR, or until termination of the Agreement, whichever is earlier. Contingency Allowance means a line -item contingency amount contained in the Schedule of Values for the Project, which if accepted by the City, shall be included within the Project GMP pursuant to the GMP Proposal or subsequent amendment. Contingency Allowance/s shall be used as the source of funds for costs reasonably and necessarily incurred and paid by the CMAR, which costs shall be at rates not higher than the standard paid in the locality of the Work. To the extent that any portion of the Contingency Allowance remains unallocated on the date of Final Completion and after the issuance of final payment for the Project, such remaining portion of the Contingency Allowance shall accrue to the benefit of the City. The Contingency Allowance amount, if any, shall be set forth in the GMP Proposal for the Project, on its face and within the Schedule of Values attached thereto. Contract means the contract formed by all of the Contract Documents, including this Agreement. Contract Documents mean this Agreement, the Proposal and all attachments and supporting documentation submitted by the CMAR in response to the Request for Proposals No. 21-22-001- R requirements pursuant to Chapter 287, Florida Statutes on Public Entity Crimes, the most current version of the AOR's Agreement with the City, the City's General Conditions of the Contract for Construction, and such documentation as may be listed by Exhibit to this Agreement. Upon execution of the GMP Proposal, the Contract Documents shall be expanded to include, in addition to those documents listed above, those identified by the GMP Proposal, and the attachments thereto. Contract Price means the price for the entire Work for the Project, which shall be an amount equal to the sum of (a) the Construction Manager's Fee (Pre -Construction Fee) and (b) the GMP. Contract Time means the time period defined within this Agreement for the CMAR to complete the work under the conditions of the GMP Proposal or subsequent amendment. Upon acceptance by the City of the GMP, the Contract Time shall extend to the agreed Final Completion date as defined by the Contract Documents. Cure means the action taken by the CMAR promptly after receipt of written notice from the City of a breach of the Contract for the Work, at no cost to the City, to repair, replace, correct or remedy all materials, equipment or other elements of the Work affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure. Cure Period means the period of time in which the CMAR 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. Deliverables mean the Documentation produced by the CMAR during the Pre -Construction Phase and/or to be produced by the CMAR during the construction phase. This includes, but is not limited to, as -built verification, reports and photographs of existing conditions and constructability, value engineering, deficiencies list validation, cost estimates, scheduling, and meetings with the City as needed. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Design Documents means the construction plans and specifications included as part of a bid prepared by the AOR for this Project under a separate Agreement with the City. Design Professional means the Architect of Record or AOR as defined in this Agreement including, but not limited to, engineers, and surveyors and mappers within the AOR's professional services team. Construction Manager at Risk 4 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Direct Personnel Expense means the direct salaries of the CMAR's personnel including other consultants or contractors engaged on each project. The direct personnel expense rate shall be the actual hourly rate of the salary which would be reported on a W-2 form excluding bonuses and awards, if applicable. Said hourly rate shall reflect only the individual's salary including FICA, Medicare and withholding deductions but excluding any fringe benefits or other costs of employment beyond normal sick, vacation, and holiday compensation. Director means the Director of the Office of Capital Improvements (OCI) or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings mean the graphic and pictorial provisions of the Work identified as the Drawings in the GMP Proposal, Change Order or Construction Change Directive issued and executed in accordance with the Agreement, including, without limitation, all notes, schedules, and legends on such Drawings. Estimate means the CMAR's latest detailed estimate of probable construction cost for the Project. Field Directive means a written approval for the CMAR 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 term Final Completion as defined in the General Conditions of the Contract for Construction Documents. General Contractor means the CMAR after acceptance by the City of the GMP Proposal. The CMAR shall be duly licensed as a General Contractor pursuant to Chapter 489, Florida Statutes, as amended. Guaranteed Maximum Price (GMP) shall mean the sum certain set forth in a GMP Proposal and formalized through a subsequent Construction Services Agreement, defined as the Project Price that the CMAR guarantees not to exceed for all services within this Agreement. GMP Proposal means a proposal for completing the Project submitted to the City for consideration and approval, as part of the CMAR's responsibilities under its Pre -Construction Services Agreement. Said proposal shall include the proposed GMP for the construction of the Project as provided by the CMAR based upon the Drawings and Specifications as prepared by the AOR and reviewed and accepted by the CMAR, plus any other pertinent Contract Documents. The GMP Proposal shall establish, among other things, the GMP, the names of the CMAR's on - site management and supervisory personnel for the Project and the Contract Time for the Project. The City has no obligation to accept the GMP Proposal regardless of the amount or its relationship to estimates previously provided. Hazardous Material means, collectively or singularly as applicable, pollutants, dangerous substances, toxic substances, hazardous materials, or hazardous substances as defined in, or pursuant to, or regulated under the Comprehensive Environmental Response Compensation Liability Act, as amended (42 U.S.C. § 7201 et seq.), or the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.), or in any other federal or state environmental law, ordinance, rule, or regulation identifying, regulating or otherwise, without limitation, relating to contaminants or dangerous, hazardous, or toxic substances. Laws mean all federal, state, county and local laws, statutes, regulations, ordinances, rules, City policies and building codes applicable to the Project, as amended from time to time, including, without limitation, orders of any public authority having jurisdiction over the Project, building, labor, safety, licensing or environmental laws and local building codes, the Florida Building Code (FBC), building standards and trade practices affecting the Project. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed, by the CMAR. Materials mean goods or equipment incorporated in a Project, or used or consumed in the performance of the Work. Construction Manager at Risk 5 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Notice of Award means the letter written to the CMAR by the City, notifying the CMAR that they have been awarded the Contract. Notice to Proceed ("NTP") means a written letter or directive issued by the Director acknowledging that all precedent conditions have been met, and directing that the CMAR may begin construction management/construction activities on the Project. Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. Owner's Contingency Allowance means a line -item contingency amount not contained in the Schedule of Values for the Project, which shall be included in addition to the Project GMP pursuant to the GMP Proposal or subsequent amendment. Upon prior authorization by the City, the Owner's Contingency Allowance shall be used as the source of funds for costs reasonably and necessarily incurred and paid by the CMAR, in connection with the proper performance of Work required hereunder which Work was unforeseeable by the CMAR and the City at the time of execution of the GM P Proposal or subsequent amendment pertaining thereto, notwithstanding the CMAR's exercise of due diligence in connection therewith. 100% Construction Documents mean the Drawings and Specifications setting forth in detail the requirements of the construction of the Project, and as further defined by the AOR Agreement. Knowledge of and coordination with said Agreement is specifically required of the CMAR. Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the CMAR's own employees and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of a Project. Project means the construction project referenced by the Agreement and to which the Contract Documents relate, and refers to the total construction of which the Work may be the whole or a portion thereof. Project Manager ("PM") means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement, and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. For the purposes of this Agreement, the City of Miami's designated Project Manager is Mr. Jose Caldeira, Office of Capital Improvements, 444 SW 2nd Avenue, 8tn Floor, Miami, FL 33130, (305) 416-1290, JCaldeira@miamigov.com. Project Phasing means the phases in which the Project is to be executed by the CMAR. A Notice to Occupy Site (NOS) for Project Procurement will be issued for a duration of forty-five (45) days, and this Notice will not allow for onsite activities, other than what is specifically noted in the NOS, minor mobilization, or project set up activities that have been mutually agreed to between the City and CMAR, until the issuance of a formal Notice to Proceed (NTP), a precedent of which is a Building Permit issued by the City of Miami. Any work noted in the NOS or other minor mobilization activities agreed to between the City and CMAR between the NOS and NTP shall not serve as a start to the project duration; only the official NTP shall serve as this milestone. The official NTP will be issued forty-five (45) days after the date of the NOS, or earlier should the CMAR be ready to activate Phase 1 of the Construction Activities, during which the CMAR would proceed with completing the proposed park scope, except for the Community Center and the playground. Access to the community center and playground must be kept at all times. Phase 1, except for the pool and pool building, must be completed within nine (9) calendar months from issuance of the NTP. The City will offer a $300,000 Schedule Performance Incentive to the CMAR for completing Phase 1 within eight (8) months from issuance of the NTP, without any consideration of delays. The CMAR, in turn, shall pay the contract's liquidated damages for delays beyond the 9-calendar month completion. During Phase 2, which shall start nine months after issuance of the NTP, the CMAR will complete the Pool area within three (3) calendar months, or twelve (12) calendar months from issuance of the NTP. During Phase 3, which will run concurrently with Construction Manager at Risk 6 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Phase 2, the CMAR will complete the work in the area east and south of the Community Center in the three (3)-calendar month period between completion of Phase 1 and completion of Phase 2. All work to be completed within twelve (12) calendar months from issuance of the NTP. The CMAR will pay the contract's liquidated damages for delays beyond the 12-calendar month completion or approved delays per the terms of this contract. Provide means to furnish and install materials and equipment, together with all incidentals, for a complete and ready to use item or system. Punch List means a compilation of items of Work required to be performed by, or through the CMAR after Substantial Completion and prior to Final Completion and payment. Public Entity Crime Statute refers to Section 287.133, Florida Statutes, and its successor provisions, or any other law hereafter enacted having the same general purpose, and shall have been submitted with the CMAR's Proposal for this Project. Record Set means the copy of the Drawings, Specifications, Addenda, Change Orders, and other modifications to the Contract Documents to be maintained at the Project site by the CMAR, in good order and marked currently to record changes and shall include additions, revisions, modifications, addenda, Change Orders, approved substitutions, shop drawings and accurate dimensioned locations for items recorded, including but not limited to, all underground utilities. Schedule of Values means the schedule of values, setting forth the CMAR's GMP cost breakdown, including subcontractors' bid prices, as set forth in the applicable GMP Proposal, the sum of which shall not exceed the GMP. Scope of the Work means all services, labor, materials, equipment, operations, and construction management services that are indicated in, or reasonably inferable from, the Contract Documents. Specifications mean any and all written requirements for materials, equipment, construction systems, standards, and workmanship for the Work which are identified as the Specifications in the GMP Proposal, Change Order, or Construction Change Directive issued and executed in accordance with the Agreement and are complementary to the Drawings. Subcontractors mean the person or entity which has a direct contract with the CMAR to perform or supply a portion of the Work and the term includes such Subcontractors' authorized representatives. Sub -subcontractors mean the person or entity which has a direct or indirect contract with a Sub- contractor to perform or supply a portion of the Work, or any person or entity who performs any portion of the Work through any Subcontractor and the term includes such Sub -subcontractor's authorized representatives. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved unless a temporary certificate of occupancy has been issued. Substantial Completion Date means the date which the AOR certifies to the City by means of a Certificate of Substantial Completion as the date when the CMAR has achieved Substantial Completion in accordance with the General Conditions of the Contract for Construction, documents, and applicable Laws. Taxes mean all taxes related to the performance of the Work or any portion thereof, including, but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment compensation and similar taxes. Construction Manager at Risk 7 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Warranty means those guarantees as defined in the Contract Documents which become part of the CMAR Contract upon approval of the GMP Proposal, as well as the explicit and implicit warranties of this Agreement and the other Contract Documents. Work means all supervision, labor, materials, and equipment required by the Contract Documents to be provided by or through the CMAR for the entire Project called for by the individual work order(s) and all other services necessary to fulfill the CMAR's obligations hereunder to perform the Scope of the Work of the work order(s), including, as the context may require, any portion of the Work with respect to the Project. The non -capitalized term work is used in its ordinary sense. Work Order(s) means the form(s) issued to the CMAR by the City identifying the individual project(s) to be performed by the CMAR under this Agreement. Those provisions, which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example, indemnification and confidentiality provisions, shall survive the expiration, cancellation and/or termination of this Agreement. SECTION 2 COMMENCEMENT The City hereby retains the CMAR to serve as the City's Construction Manager at Risk. The term of this Agreement shall commence on the date indicated above, and shall remain in effect until all the terms of the Agreement have been fully satisfied including, but not limited to, Punch List completion, occupancy, warranty, professional liability requirements, and all other requirements. SECTION 3 CMAR'S PRINCIPAL The CMAR hereby designates as the CMAR's Principal to be directly responsible to the City. Any change of the CMAR's Principal designated by CMAR shall be proposed to and require approval by the City. The CMAR's Principal will attend City meetings when requested by the City, and perform such other duties as may be required to ensure, support, and oversee the full compliance of the CMAR with this Agreement. SECTION 4 PROJECT DEFINITION The CMAR firm agrees to provide complete Construction Manager at Risk services for West End Park, 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, as well as the executed CMAR's GMP Proposal. The CMAR firm shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. West End Park is a City of Miami facility, located at 250 SW 60th Ave, Miami, FL 33144. SECTION 5 DUTIES AND RESPONSIBILITIES OF THE CMAR The CMAR shall perform the following responsibilities and duties: 5.1 Compliance with Project Requirements All CMAR procedures, recommendations, documentation, record retention, etc. must conform to the project requirements including, but not limited to, any applicable sections of the Code of the City of Miami, AOR's Design Criteria/Standards Manual, Master Specifications, General Conditions of the Contract for Construction, Florida Building Code (FBC), Florida Fire Prevention Code, applicable life safety codes, barrier -free designs, Construction Manager at Risk 8 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Florida Statutes, and other applicable codes, regulations and procedures that may be required by the state, county, city or any agency, utility or similar governmental or private entity. The CMAR specifically acknowledges and agrees to the inclusion of the above stated documents as part of this Agreement and that said documents have been reviewed by the CMAR prior to the execution of this Agreement. 5.2 Procedures Manual The CMAR, City, and AOR shall develop, for full compliance by the CMAR, of a project specific procedures manual detailing the entire project process, including at minimum the following: ■ GMP Proposal (Exhibit "A" of this Agreement). ■ Coordination, communication and documentation procedures among the CMAR, City, AOR, Subcontractor(s), and other departments or organizations who require coordination with and/or input into the Work. ■ Project reports (weekly, bi-weekly, monthly). ■ Request for Information. ■ Change Orders process. ■ Shop Drawing submittal. ■ Project Close Out. Said procedures manual shall be presented no later than the time of the submission of the first application for payment. 5.3 Coordination and Scheduling 5.3.1 Coordination with AOR: In providing the CMAR services described in this Agreement, the CMAR shall maintain a working relationship with the AOR's employees on behalf of the City. However, nothing in this Agreement shall be construed to mean that the CMAR assumes any of the responsibilities or duties of the AOR. The CMAR shall be solely responsible for construction means, methods, techniques, sequence, and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations and for performing in accordance with the CMAR's Agreement with the City. The AOR is responsible for the requirements of the Project as indicated in the agreement between the AOR and the City. The CMAR's services shall be rendered compatibly and in cooperation with the AOR's services under the City-AOR Agreement. It is not intended that the services of the AOR and the CMAR be competitive or duplicative, but rather be complementary. 5.3.2 Scheduling: The CMAR shall meet immediately upon execution of this Agreement with the AOR and City representatives to review the most current proposed schedule. The CMAR shall ensure that the three parties jointly review, modify as necessary, and agree to a single design schedule, to be called the revised most current Exhibit "A" to the AOR's contract. Should the parties not be able to reach final agreement on a revised schedule for purposes of the Project or for purposes of a specific site which is covered by this Agreement, the CMAR shall submit to the City a separate report which includes a schedule for all CMAR services which the CMAR believes to be fair, reasonable, and in the best interest of the Project. The City shall then determine what schedule is to be utilized for the CMAR and the AOR's contract. Construction Manager at Risk 9 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 5.5 Time of Performance 5.5.1 Conformance with Approved Schedule(s): The CMAR shall perform all the duties required by this Agreement in such a way and time as to conform to the most current Project Schedule, as agreed upon by the CMAR, the AOR, and the City, which is hereby made a part of this Agreement by reference. 5.5.2 Review and Acceptance of Schedule(s): In executing this Agreement the CMAR acknowledges specifically that the CMAR will review the most current schedule per the AOR's Agreement, and give necessary input to the City regarding any need to modify that schedule(s) to accommodate the CMAR process, and shall not be entitled to additional time or money in order to conform the CMAR services to that schedule. 5.5.3 Preparation and Delivery of the CMAR Schedule: Within ten (10) days of the issuance of the effective date of this Agreement the CMAR shall present to the City a Primavera project schedule for the CMAR's duties, deliverables, and requirements showing the start and completion of activities to be performed by the CMAR. This CMAR schedule shall be proposed by the CMAR, and agreed upon by the AOR and the City. 5.6 City's Right to Require Documentation and Audit The City may, as deemed necessary, require from the CMAR support and/or documentation for any submission. Upon execution of this Agreement, the CMAR agrees that the City shall have unrestricted access during normal working hours to all CM's records relating to this project including but not limited to hard copy as well as electronic records for a period of three years after final completion. SECTION 6 GMP PROPOSAL AND ACCEPTANCE/REJECTION The CM shall propose (at each individual site if appropriate) the amount to be included in the GMP for the Construction Manager's General Conditions costs and Contingency. The sum of all subcontractors' bids, CM Fee, Profit, General Conditions, and CMAR's contingency allowances shall comprise the proposed GMP for each Project (individual site if appropriate) and shall form the basis of negotiations between the CM and the City. 6.1 When accepted by the City, the GMP shall be formalized by the execution of the GMP Proposal (Exhibit "A"). 6.2 The City shall determine, after each negotiation session, unless agreement is reached, if further negotiations are warranted. If not, the negotiations shall be declared not to be successful, and the City shall take possession and ship of all documents produced for the Design and Bid Phase, pay the CM any remaining undisputed Construction Manager's Fee, and proceed under either of the options identified below: • Reject the GMP and direct the A/E and CM to investigate, redesign, develop for City approval value engineering possibilities, and other cost savings and to re- submit a new, lesser, proposed GMP. This may, at the City's option, include a reduction in scope. All to be done at no cost to the City, or • Reject the proposed GMP, take possession of the plans and specifications, and bid the work to a General Contractor or otherwise complete with other forces or take such action, if any, that the City may determine is in its best interest. In this event, the CMAR shall not perform, nor be compensated for, any services at this site beyond the agreed CM's fee. Construction Manager at Risk 10 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 In the event any option under this subparagraph is chosen by the City, the CMAR is obligated to immediately turn over to the City all plans, specifications, and other project related documentation. Upon taking possession of the documents and payment to the CMAR as noted under this paragraph, the City and CMAR shall be mutually released from any further obligation, each to the other. 6.3 The City shall have no obligation to accept the CMAR's GMP proposal regardless of that proposal's relationship to the Budget or the most current estimate or for any other reason. SECTION 7 GENERAL TERMS AND CONDITIONS OF THE CONSTRUCTION CONTRACT 7.1 Time is of the Essence The CMAR will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. Time is of the essence in the performance of the Work. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. The CMAR 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 7.69, "Excusable Delay, Non-Compensable," the CMAR understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the CMAR's control, the Work shall not excuse the CMAR from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the CMAR to an adjustment. All parties under the control or Contract with the CMAR shall include but are not limited to material persons and laborers. The CMAR acknowledges that the City is purchasing the right to have the CMAR continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 7.2 Contract Time/Contract Term The Contract time shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued subsequent to the execution of the Contract by the City, and will extent until Final Completion is accepted by the City. The Contract term shall conclude upon notice by the City that the Contract has been closed -out or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 7.3 Contract Price and Guaranteed Maximum Price (GMP) The total Contract Price, also known as GMP for the Project, shall be the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit, as proposed by the CMAR, and accepted by the City. The City will not be liable for payment of any amount in excess of the GMP unless the City Commission has approved a Project contingency or has approved a prior amendment to Construction Manager at Risk 11 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. The CMAR represents, warrants, and guarantees to the City that CMAR shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the GMP proposed by the CMAR and accepted by the City. The contract value at the time of award shall constitute a GMP to the City for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The City shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and CMAR shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the GMP shall be paid solely by the CMAR without reimbursement or additional compensation from the City. 7.4 Notices Whenever either party desires to give written notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e- mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega, V, City Manager City of Miami 444 SW 2nd Avenue, 10t" Floor Miami, FL 33130-1910 Email: ANoriecia@miamigov.com Phone: 305-416-1025 Annie Perez, CPPO, Chief Procurement Officer/Director Department of Procurement City of Miami 444 SW 2nd Avenue, 6t" Floor Miami, FL 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez, City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue, 9t" Floor Miami, FL 33130-1910 Email: VMendez@miamigov.com Phone: 305-416-1832 Construction Manager at Risk 12 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 With Copies to: Hector Badia, Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1236 For CMAR: Mike Geary, President James B. Pirtle Construction Company, Inc. d.b.a. Pirtle Construction Company 500 West Cypress Creek Road, Suite 100 Fort Lauderdale, FL 33308 E-mail: Mike@pirtleconstruction.com Phone: (954) 536-1684 During the Work, the CMAR shall maintain continuing communications with Consultant and the Project Manager. The CMAR shall keep the City fully informed as to the progress of the Project at all times through ongoing communications with the Project Manager. The CMAR shall notify the Miami Police Department and Fire Department about the construction schedule(s). The CMAR is required to obtain a current list of contact persons and phone numbers from Jose Caldeira at (305) 416-1290, or via email at JCaldeira@miamigov.com, Jose Caldeira is the City of Miami's Project Manager assigned to this Project. The CMAR must notify residents living within five hundred (500) feet of the Project in writing at least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 7.5 Priority of Provisions All Work shall be constructed in accordance with the Contract Documents, including plans and specifications as produced by the AOR and reviewed and accepted by the CMAR. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications, and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: ■ Revisions to the Contract shall govern over the Contract; ■ The Contract Documents shall govern over the Contract; and ■ Contract Documents shall govern over the Request for Proposals (RFP) ■ Addenda to an RFP shall govern over the RFP. In the event of conflicts within the Contract Documents, the priorities stated below shall govern: ■ Scope of Work and Specifications shall govern over plans and drawings; Construction Manager at Risk 13 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ Schedules, when identified as such shall govern over all other portions of the plans; ■ Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise; ■ Larger scale drawings shall govern over smaller scale drawings; ■ Figured or numerical dimensions shall govern over dimensions obtained by scaling; and ■ Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 7.6 Indemnification The CMAR shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by the CMAR and persons employed or utilized by the CMAR in the performance of this Contract. The CMAR shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable attorney's fees) arising or resulting from the permitted Work and/or failure to comply with applicable contractual duties of the CMAR or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the CMAR shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The CMAR expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the CMAR shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities as herein provided. The indemnification provided above shall obligate the CMAR to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the CMAR, or persons employed, supervised, or utilized by CMAR. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. CMAR shall require all subcontractor agreements to include a provision that each subcontractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. The CMAR 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 CMAR in which the City participated either through review or concurrence of the CMAR's actions. In reviewing, approving, or rejecting any submissions by the CMAR or other acts of the CMAR, the City, in no way, assumes, or shares any responsibility or liability of the CMAR or subcontractor under this Contract. Construction Manager at Risk 14 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the CMAR. 7.7 Insurance Without limiting any of the other obligations or liabilities of CMAR, CMAR shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.7.1 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 The City of Miami is listed as additional insured. Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse and Underground Hazards 7.7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required The City of Miami is listed as an additional insured. 7.7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.7.4 Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee. $1,000,000 for bodily injury caused by disease, policy limit. 7.7.5 Umbrella Liability Limits of Liability, Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 The City of Miami is listed as additional insured. Excess Follow form over all liability policies contained herein. Construction Manager at Risk 15 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.7.6 Builder's Risk/Installation Floater Causes of Loss: All Risk of direct physical loss or damage Valuation: Replacement Cost Coverage extensions included as provided by the carrier. The City of Miami is listed as an additional insured/loss payee. 7.7.7 Payment and Performance Bond Full value of the project. City of Miami listed as Obligee. 7.7.8 CMAR's Professional Liability (if applicable) Each Claim Policy Aggregate Retro Date Included $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. 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 Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) calendar days prior to the date of their expiration. CMAR shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the CMAR: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the CMAR in accordance with Article 7.4, "Notices." CMAR shall comply with Construction Manager at Risk 16 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value, as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 7.8 Performance and Payment Bonds Where required by the Contract Documents or by Florida Statutes, the CMAR shall, within fourteen (14) calendar days of being notified of award, furnish a Performance/Payment Bond ("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 at award, including any and all contingency allowances, guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 7.9, "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 CMAR will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, CMAR shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. Alternate Form of Security: In lieu of a Performance/Payment Bond, CMAR may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check, or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 7.9 Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. Payment / Performance Bonds shall be in the amount of one hundred and ten percent (110%) of the Work and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall Construction Manager at Risk 17 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 7.10 General Requirements The employee(s) of the CMAR 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 CMAR shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The CMAR shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The CMAR represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The CMAR shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the City. Any such specific requirements will be included in the Technical Specification portion of the ITB. The CMAR shall, at all times, cooperate with the City and coordinate its respective Work efforts to progress the performance of the Work most effectively and efficiently. The City shall have full access to the Project site(s) at all times. The CMAR 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. CMAR shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The CMAR shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. CMAR shall not open up Work to the prejudice of Work already started, and the City may require the CMAR to finish a section on which Work is in progress before Work is started on any additional section. CMAR is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 7.11 Method of Performing the Work If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the City, the CMAR is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the City, the City shall have the right to order the CMAR to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The CMAR shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party contractor and deduct such cost from any monies due the CMAR. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by federal, state, or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the CMAR and any damaged curbing, Construction Manager at Risk 18 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 grass areas, sidewalks or other areas shall be repaired at the expense of the CMAR to the satisfaction of the City. CMAR is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. CMAR shall take all necessary and prudent measures to control dust. The CMAR shall furnish the City a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the CMAR and all of the CMAR's Subcontractors can be reached should the need arise at any time. 7.12 Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The way the Work is performed shall be subject to the approval of the City, who, if necessary, shall have the authority to require changes in the way the Work is performed. There shall be no obstruction of City services without the prior written approval of the City. All requests for such interruption or obstruction must be given in writing to the City at least twenty-four (24) hours in advance of the interruption of City operations. The CMAR shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must be submitted to and approved by the City prior to the start of construction and issuance of the NTP. Such staging plan shall be revised and resubmitted as necessary during construction. As noted above, self -performance, local workforce participation, and all other similar requirements will apply jointly and severally to each phase, stage, or incremental portion of the work. 7.13 Site Investigation and Representation The CMAR 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 CMAR further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. CMAR should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the CMAR to acquaint itself with all the provided information and information obtained by visiting the Project site(s) will not relieve CMAR 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 CMAR shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 7.14 CMAR to Check Plans, Specifications, and Data CMAR shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within Construction Manager at Risk 19 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 three (3) calendar days of discovery. CMAR shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless CMAR recognized such error, omissions, or discrepancy and knowingly failed to report it to the City. 7.15 CMAR's Responsibility for Damages and Accidents CMAR shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Substantial Completion, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar to or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the CMAR, and shall be left in as good a condition as before the starting of the Work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the construction operation, the CMAR shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 7.16 Accidents The CMAR shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to people who may be injured during the Project duration. The CMAR shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. In addition, the CMAR must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 7.17 Safety Precautions CMAR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: • All employees on the Project site(s) and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s); and • Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. CMAR shall designate a responsible member of its organization at the Project site(s) whose duty shall be the prevention of accidents. This person shall be CMAR's superintendent unless otherwise designated in writing by CMAR to the City. CMAR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for Construction Manager at Risk 20 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 such safety and protection. CMAR 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 CMAR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CMAR. CMAR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the City has issued the CMAR a notice of Final Acceptance. CMAR 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 CMAR shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities (including OSHA, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The CMAR shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes inside of the secured construction fence shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes outside of the secured construction fence are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the CMAR must immediately notify the Project Manager of each and every occurrence. The CMAR should also recommend any appropriate course(s) of action to the Project Manager. 7.18 Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: ■ The chemical name and the common name of the substance. ■ The hazards or other risks in the use of the substance, including: • The potential for fire, explosion, corrosion, and reaction; • The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and • The primary routes of entry and symptoms of overexposure. ■ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ■ The emergency procedure for spills, fire, disposal, and first aid. Construction Manager at Risk 21 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. ■ The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 7.19 Labor and Materials Unless otherwise provided herein, CMAR shall provide and pay for all materials, labor, water, tools, equipment, supplies, light, power, internal communications, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. CMAR shall at all times enforce strict discipline and good order among its employees and Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 7.20 Rules, Regulations, Laws, and Licenses The CMAR shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The CMAR, its agents, Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 7.21 Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 7.24, "Authority of the Project Manager." On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the CMAR and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, Subcontractors, and invoices. The City may contract for additional Consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and shall not be construed to supplant or alter the role and responsibilities of the Consultant. Construction Manager at Risk 22 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 7.22 Project Management Where a CMAR is awarded Work, the CMAR shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to, obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 7.23 Superintendence and Supervision The orders of the City are given by the Consultant or the Project Manager, which instructions are to be strictly and promptly followed in every case. The CMAR shall keep on the Project during its progress, a full-time, competent, English-speaking Superintendent, and any necessary assistants, all -satisfactory to the Project Manager. The Superintendent shall not be replaced except with the written consent of the Project Manager, unless the Superintendent proves to be unsatisfactory to the CMAR and ceases to be in CMAR's employ. The Superintendent shall represent the CMAR, and all directions given to the Superintendent shall be as binding as if given to CMAR, and will be confirmed in writing by the Project Manager upon the written request of CMAR. The CMAR shall give efficient supervision to the Work, using CMAR's best skills and attention. The Project Manager shall be provided with a telephone number(s) for the Superintendent, where the Superintendent can be contacted during normal working hours as well as after hours for emergencies. The CMAR's Superintendent shall record, at a minimum, the following information in an electronic log: the day; date; weather conditions and how any weather conditions affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the Project site, including regulatory representatives the City; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log. The daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by the Project Manager and Consultant. The Project Manager, CMAR, Construction Manager, CEI Specialist, 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 CMAR shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If the CMAR, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the CMAR's duty to inform the City immediately, in writing, and the City will promptly review the same. Any Work done after such discovery, until authorized, will be done at the CMAR's sole risk. The CMAR 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. The CMAR shall be solely Construction Manager at Risk 23 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 responsible for the means, methods, techniques, sequences, and procedures of construction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 7.24 Authority of the Project Manager The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The CMAR shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the CMAR agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable in order to cause the oral request to be binding. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the CMAR shall be issued in writing and through the Director or Project Manager. The Project Manager shall have access to the Project site(s) at all times. The CMAR shall provide safe facilities for such access, so the Project Manager, the AOR, and other Consultants as required, may perform their functions under the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work and will not be responsible for the CMAR's failure to execute the Work in accordance with the Contract Documents. The Project Manager will have authority to reject Work that does not conform to the Contract Documents. Whenever in the Project Manager's opinion, the Project Manager and AOR will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed, if it is considered necessary or advisable to ensure the proper completion of the Contract Documents. Neither the Project Manager's nor AOR'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 AOR to the CMAR, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and AOR shall be consistent with the intent of the Contract Documents. The Project Manager and AOR will not be responsible for the acts or omissions of the CMAR, any subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 7.25 Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City representatives shall at all times have access to the Work during normal work hours, and CMAR shall provide proper facilities for such access and for inspecting, measuring, and testing. Construction Manager at Risk 24 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CMAR shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than the City, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and properly restored at CMAR's expense. Unless otherwise provided, the CMAR shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The CMAR should give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be uncovered by CMAR. 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, CMAR shall pay such cost. The CMAR shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractors caused by the CMAR's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of the Project Manager. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the CMAR to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the CMAR will constitute a breach of this Contract. 7.26 Taxes CMAR shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and impositions all other impositions required by law, rule, or regulation. CMAR is responsible for reviewing the pertinent state statutes and local laws involving state taxes/impositions and complying with all requirements. 7.27 Separate Contracts Prior to the commencement of the Work, the City will notify the CMAR of all ongoing Projects or Projects scheduled to commence during the Work that may require coordination. The CMAR shall be responsible for coordinating the Work with any other Project to minimize any potential adverse impact. CMAR shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project Manager will assist the CMAR in coordinating the Work; however, the sole responsibility for coordination rests with the CMAR. If any part of CMAR's Work depends for proper execution or results upon the Work of any other persons, CMAR shall inspect and promptly report to the City any defects in such Work that render it unsuitable for such proper execution and results. CMAR'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 CMAR's Work, except as to defects that may develop in other CMAR's Work after the execution of CMAR's Work. CMAR shall conduct its operations Construction Manager at Risk 25 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other CMAR on the site. Should such interference or impact occur, CMAR shall be liable to the affected CMAR for the cost of such interference or impact. To ensure the proper execution of subsequent Work, CMAR shall inspect the Work already in place and shall at once report to the Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. 7.28 Lands of Work The City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way, and easements for access thereto and such other lands as are designated by the City for the use of CMAR. CMAR shall provide, at CMAR's own expense and without liability to the City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CMAR shall furnish the City copies of written permission obtained by CMAR from the owners of such facilities. 7.29 Coordination of Work The Project site(s) may be occupied and may operate as specified in Article 8.1, "Contract Time and Hours." CMAR shall ensure that the performance of the Work does not impact any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. CMAR may be required to coordinate the Work with other contractors performing Work at the Project site. 7.30 Differing Site Conditions In the event that during the course of the Work CMAR encounters subsurface or concealed conditions at the Project site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in Work of the character called for in the Contract Documents, CMAR, without disturbing the conditions and before performing any Work affected by such conditions, shall, within forty-eight (48) hours of their discovery, notify the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of CMAR's written notice, investigate the site conditions identified by CMAR. If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease in CMAR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City and CMAR cannot agree on an adjustment to the Contract Price or Contract Time, the adjustment shall be referred to the Director for a determination. Should the Director determine that the conditions of the Project site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and CMAR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CMAR for an equitable adjustment to the Contract Documents under this provision shall be allowed unless CMAR has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time Construction Manager at Risk 26 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 for differing site conditions shall be allowed if made after the date certified by the City as the date of substantial completion. 7.31 Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown in the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CMAR only, and no responsibility is assumed by the City for their accuracy or completeness. Contractor shall perform its due diligence of investigation to subterranean or otherwise inaccessible areas in efforts to prevent damage or interruption to services, Failure to provide reasonable pre- emptive investigation by the Contractor may cause the Contractor to be responsible for cost of repairs. Remedies to relocate and/or to otherwise repair existing utilities shall be evaluated per the terms of Article 7.30, "Differing Site Conditions." The CMAR shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The CMAR must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the CMAR commences any digging. The CMAR is responsible for removing all utility markings once the Work is completed. Final payment to the CMAR may be withheld until the utility marks are removed. 7.32 CMAR's Responsibility for Utility Properties and Service Where the CMAR's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the CMAR shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty- eight (48) hours in advance. Under no circumstance, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The CMAR and their Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the CMAR for damages as a result of the CMAR'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 CMAR 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 CMAR's expense and as approved by the City. Replace, with material approved by the City, at the CMAR's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the City. Replace, Construction Manager at Risk 27 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 with material approved by the City, at the CMAR's expense, any existing utilities damaged during the Work. 7.33 Interfering Structures An attempt has been made to show major structures in the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The CMAR shall field verify all locations, and 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. 7.34 Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager and AOR, at the CMAR's expense. Major relocations, as determined by the Project Manager, the AOR, and the CMAR, shall be evaluated per the terms of Article 7.30, "Differing Site Conditions." If existing structures are encountered that will prevent construction as shown, the CMAR shall notify the Project Manager before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where the CMAR fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the CMAR does so at their own risk. 7.35 CMAR's Use of Project Site(s) Limitations may be placed on the CMAR's use of the Project site(s), and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the CMAR, at his sole discretion, based on availability of space. The CMAR shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The CMAR shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. The CMAR shall: ■ Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. ■ Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees, and the public at all times; do not use areas for parking and/or storage of materials except as authorized by the Project Manager. ■ Assume all responsibility for its tools, equipment, and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. ■ Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager. 7.36 Warranty of Materials and Equipment The CMAR warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good Construction Manager at Risk 28 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, the CMAR 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. 7.37 Manufacturer's Warranty The CMAR 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 CMAR against factory defects and workmanship, in accordance with applicable Project Specifications. At no expense to the City, the CMAR 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. Manufacturer's warranties will become effective upon Substantial Completion of the Project. 7.38 Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 7.39 Submittals The CMAR shall check and approve all shop drawings, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. The CMAR, 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 CMAR shall advise the City in writing of any deviations from the Contract Documents. Failure of the CMAR to advise the City of any deviations shall make the CMAR 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 CMAR and Subcontractor (if any) submitting drawings ■ Name of Project, Building or Facility ■ Specification Section title and number ■ CMAR's Stamp of approval, signed by the CMAR or his checker ■ Space above the title block for Project Manager's or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) ■ Date of submittal The CMAR shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp signature shall be rejected, and it will be considered Construction Manager at Risk 29 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 that the CMAR has not complied with the requirements of the Contract Documents. The CMAR shall bear the risk of any delays that may occur because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the CMAR. The AOR shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the CMAR for their use and distribution. Acceptance of any submittal shall not relieve the CMAR of any responsibility for any deviations from the requirements of the Contract Documents unless the CMAR has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the CMAR 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. The CMAR shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the AOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The CMAR shall also provide copies of all plans approved and permitted by the required governing authorities. The CMAR shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The CMAR 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 City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased cost to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 7.40 Shop Drawings The CMAR shall submit shop drawings as required by the Contract Documents. The purpose of the shop drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or non-compliance with this Contract Documents. Within five (5) calendar days after the City's award of the Contract, the CMAR shall submit to the City a complete list and submittal log of items for which shop drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by the AOR shall in no way relieve the CMAR from submitting complete shop drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of shop drawings. After the approval of the list of items required in above, the CMAR shall promptly request shop drawings from the various manufacturers, fabricators, and suppliers. The CMAR shall thoroughly review and check the shop drawings and each and every copy shall show its approval thereon. Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the CMAR to ensure that the shop drawings meet all Code requirements. Construction Manager at Risk 30 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 In addition to all shop drawings required by the Contract Documents the CMAR must provide shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents, the CMAR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve the CMAR from its responsibility to comply with the Contract and Documents. The AOR shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The City's approval of shop drawings will be general and shall not relieve the CMAR of responsibility for the accuracy of such shop drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the shop drawings. No Work called for by shop drawings shall be performed until said shop drawings have been approved by EOR. Approval shall not relieve the CMAR from responsibility for errors or omissions of any sort on the shop drawings. No approval will be given to partial submittals of shop drawings for items, which interconnect and/or are interdependent where necessary to evaluate the design properly. It is CMAR's responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the City along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, AOR is entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the CMAR. Calculations, when required, shall be submitted in a neat clear and easy format to follow. The CMAR shall always keep one (1) set of shop drawings marked with AOR's approval at the job site. 7.41 Product Data The CMAR shall submit electronic copies of product data, warranty information, and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options, and other data. The CMAR shall supplement manufacturer's standard data to provide information unique to the Work. The CMAR 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. The CMAR shall submit a draft of all product data, warranty information, and operating and maintenance manuals at fifty percent (50%) completion of construction. Construction Manager at Risk 31 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.42 Samples The CMAR shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. The CMAR shall include identification on each sample and provide full information. 7.43 Record Set The CMAR shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the City, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by the CMAR 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. The CMAR shall certify the accuracy of the updated record documents. As a condition precedent to the City's obligation to pay CMAR, the CMAR shall provide evidence, satisfactory to the City, that CMAR is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g., interior, or exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to CMAR's entitlement to final payment, the record documents shall be delivered to the City by the CMAR. The Record Set of drawing shall be submitted in both hard copy and as electronic plot files. 7.44 Supplemental Drawings and Instructions The City shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 7.45 CMAR Furnished Drawings A Contract Documents may require the CMAR 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 Architect 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. Construction Manager at Risk 32 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the CMAR from responsibility for errors and omissions in the drawings. 7.46 Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by CMAR to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than CMAR. If CMAR wishes to furnish or use a substitute item of material or equipment, CMAR shall make application to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice CMAR'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 Subcontractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The City may require the CMAR to furnish at CMAR'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, CMAR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the CMAR submits sufficient information to allow the FOR to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City shall be the sole judge of the acceptability of any substitute. No substitute shall be ordered, installed, or utilized without the City's and the Consultant's prior written acceptance, which shall be evidenced by either a Change Order or an approved submittal. The City may require the CMAR to furnish at CMAR's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Construction Manager at Risk 33 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CMAR to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. CMAR 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. 7.47 City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the CMAR to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The CMAR shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the CMAR. The CMAR shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The CMAR shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. CMAR is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. CMAR shall not scale the drawings. 7.48 Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the CMAR agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such an event, the CMAR will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 7.49 Product and Material Testing All tests shall be performed by the CMAR, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the CMAR shall be at the CMAR's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the CMAR shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such cost from any payments pending to the CMAR. 7.50 Field Directives The City may at times issue field directives to the CMAR based on visits to the Project site(s). Such Field Directives shall be issued in writing and the CMAR shall be required to comply with the directive. Where the CMAR believes that the directive is outside the scope of the Work, the CMAR shall, within forty-eight (48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may be rescinded, or the CMAR may be required to submit a request for a change to the Contract. Where the CMAR is notified of the City's position that the Work is within the scope and the CMAR disagrees, the CMAR shall notify the City that the CMAR reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the CMAR refuse to comply Construction Manager at Risk 34 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 with the directive. Failure to comply with the directive may result in a determination that the CMAR is in default of the Contract. 7.51 Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by the City. 7.52 Continuing the Work CMAR shall execute the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 7.53 Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed Work; to issue a Construction Change Directive per Article 7.57 or submit the matter in dispute to the Director as set forth in Article 7.88, "Resolution of Disputes." During the pendency of the dispute, and upon receipt of a Construction Change Directive approved by City, CMAR shall promptly proceed with the change in the Work involved and advise the City and Director in writing within seven (7) calendar days of CMAR's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, CMAR shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by the City, Construction Change Directives may be issued unilaterally by the City. The City reserves the right to order changes which may result in additions to, or reductions of the amount, type, or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents. Any such changes will be known as "Extra Work." No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order, or require the CMAR to Construction Manager at Risk 35 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 perform any Work including that which the CMAR deems to be Extra Work. The CMAR shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the CMAR deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 7.54 Change Order Procedure Extra Work required beyond the scope of the original Guaranteed Maximum Price shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to CMAR outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the CMAR is required to start the Extra Work immediately. The CMAR is required to obtain permission for an extension to start the Extra Work if it is beyond the CMAR's ability to start within the allotted timeframe. The CMAR 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 CMAR 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 CMAR 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 CMAR's Change Proposal Request. The CMAR's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the CMAR fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by CMAR that the proposed Extra Work will not have any scheduling consequences. The CMAR agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the CMAR 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 CMAR of the Change Order shall serve as a release of the City from all claims and liability to the CMAR 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 CMAR shall, within five (5) business days, submit a revised Project schedule reflecting the changes against the baseline schedule. 7.55 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. Construction Manager at Risk 36 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.56 Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: ■ Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. ■ By mutual acceptance of a Contract unit price, which CMAR and Project Manager acknowledge, contains a component for overhead and profit. ■ Based on the "Cost of Work," determined as provided in this, plus a CMAR'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 CMAR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of CMAR and Subcontractors in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. 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 CMAR unless City deposits funds with CMAR 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 CMAR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CMAR, Subcontractor, 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 as the result of poor performance, lack of response, or unreasonable pricing from subcontractor(s) already under contract, CMAR shall obtain competitive bids for the Change Order Work. CMAR shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of the cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as CMAR's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Construction Manager at Risk 37 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 The term "Cost of the Work" shall include any of the following: ■ Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. ■ Supplemental costs including the following: ■ The proportion of necessary transportation, travel, and subsistence expenses of CMAR'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 CMAR. ■ Sales, use, or similar taxes related to the Work, and for which CMAR is liable, imposed by any governmental authority. ■ Deposits lost for causes other than CMAR's negligence, royalty payments, and fees for permits and licenses. ■ The cost of utilities, fuel, and sanitary facilities at the site. ■ Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. ■ Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "Cost of Work" shall not include any of the following: ■ Payroll costs and other compensation of CMAR's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR 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 CMAR's fee. ■ Expenses of CMAR's principal and branch offices other than CMAR's office at the site. ■ Any part of CMAR's capital expenses, including interest on CMAR's capital employed for the Work and charges against CMAR for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not CMAR 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 CMAR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property, or soft costs such as consultant costs, or any costs not directly attributable to the work. Construction Manager at Risk 38 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. CMAR's fee allowed to CMAR 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 CMAR self -performs the Work, CMAR's fee shall not exceed ten percent (10%); ■ Where a Subcontractor performs the Work, CMAR's fee shall not exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (1 0%); ■ No other markup or charge shall be allowed except as expressly provided above. The amount of credit to be allowed by CMAR to the City for any such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CMAR 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, CMAR will submit in a form acceptable to the City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, CMAR shall submit an initial cost estimate acceptable to the City. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment, and other items of cost. ■ Whenever a change involves CMAR and one (1) or more Subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for CMAR and each Subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of Work." 7.57 Construction Change 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 CMAR to do the proposed Extra Work. Immediately upon receipt of the Construction Change Directive, the CMAR shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the CMAR shall be entitled to initiate a dispute pursuant to the Article 7.88, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of the Construction Change Directive, based upon any aspect, of such Extra Work which the CMAR disputes. Such dispute must relate to specific matters raised or specific matters reserved by the CMAR in its bid and have not been resolved prior to the issuance of the Construction Change Directive. The written statement must set forth all details of the CMAR's claim including the manner that the disputed item was specified in the CMAR's bid. During the pendency of any dispute hereunder, the CMAR must proceed with Work as set forth in the Construction Change Directive unless otherwise advised by the Project Manager's written instructions. In the Construction Manager at Risk 39 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 event there is a dispute as to price, the CMAR will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the CMAR'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 CMAR for Extra Work in excess of "Cost of Work" as defined above, which is to say time and materials plus a mark- up not to exceed ten percent (10%). This will not vary whether the Extra Work is performed by the CMAR or his Subcontractor. The Project Manager must approve any exceptions. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the CMAR shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the CMAR 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 CMAR 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 CMAR is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the CMAR's own employees, the CMAR will, subject to the approval of the Project Manager, be paid the actual cost to CMAR of such Work, and in addition thereto seven and one-half percent (7.5%) to cover the CMAR'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. 7.58 As -Built Drawings During the Work, CMAR shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the CMAR to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: ■ Depths of various elements of foundation in relation to finish first floor datum. ■ All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. ■ Changes in location: Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. ■ Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. Construction Manager at Risk 40 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ Field changes in dimensions and details. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. ■ Details not on original Contract Drawings. ■ Equipment, conduit, and/or electrical panel locations. ■ Project Manager or Consultant's schedule changes according to CMAR's records and shop drawings. Specifications and Addenda Legibly mark each section to record: ■ Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system, and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new buildings, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for Projects that involve roadwork and drainage, CMAR shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the CMAR and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior to final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.) 7.59 Worker's Identification The CMAR's employees, who include any Subcontractor, shall wear an identification card provided by the CMAR. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a CMAR's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the CMAR to submit a claim for an extension of time. 7.60 Removal of Unsatisfactory Personnel The City may make written request to the CMAR for the prompt removal and replacement of any personnel employed or retained by the CMAR, or any or Subcontractor engaged by the CMAR to provide and perform services or Work pursuant to the requirements of the Contract Documents. The CMAR 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 CMAR agrees that the removal of any of its employees does not require the termination or demotion of employee(s). Construction Manager at Risk 41 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.61 Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and the Work is fit for its intended purpose. In the case of a Phased project, the Project Manager or Director shall have the right to approve multiple Substantial Completions. Upon Substantial Completion, the City and the CMAR shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the CMAR from its obligation to complete the Project. When the CMAR believes that the Work is substantially complete, the CMAR shall request in writing that the City inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the CMAR has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall schedule the date and time for any inspection and notify the CMAR and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed, as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and the CMAR, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the CMAR to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the CMAR 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 City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the CMAR shall request another Substantial Completion inspection. The City and the CMAR shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the City shall notify the CMAR in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such a list does not alter the responsibility of CMAR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 7.62 Acceptance and Final Payment Upon receipt of written notice from CMAR that the Work is ready for final inspection and acceptance, the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Construction Manager at Risk 42 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Before issuance of the Final Certificate for Payment, CMAR shall deliver to the City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. CMAR shall deliver the written CMAR'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 CMAR, and the Project Manager so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by CMAR, except those previously made in strict accordance with the provisions of the Contract and identified by CMAR as unsettled at the time of the application for final payment. 7.63 NPDES Requirements CMAR 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/. CMAR is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 7.64 Force Maieure Should any failure to perform on the part of CMAR be due to a condition of force majeure as that term is interpreted under Florida law, and then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the CMAR is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the CMAR shall request a time extension from the City within two (2) business days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the CMAR for extra compensation unless additional services are required. Does Not Include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Subcontractors. 7.65 Extension of Time Any reference in this section to the CMAR shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of Contract with the CMAR for the purpose of this Article. If the CMAR is delayed at any time during the progress of the Work beyond the Contract Time and/or 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 CMAR by reasonable investigation before proceeding with the Work; Construction Manager at Risk 43 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ The CMAR demonstrates that the completion of the Work will be actually and necessarily delayed; and ■ The effect of such a cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City determines that any information provided by the CMAR in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension previously granted if the CMAR 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 CMAR. The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which must be requested within two (2) business days, after the time when the CMAR knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City may require the CMAR to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The CMAR shall not be entitled to an extension of time unless the CMAR affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the CMAR's request for Excusable Delays in a reasonable period of time; however, the CMAR shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the CMAR agrees or disagrees with that decision. With regard to an injunction, strike, or interference of public origin, which may delay the Project, the CMAR shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the CMAR 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 CMAR, 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 CMAR in default. 7.66 Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CMAR to the City within ten (10) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the City allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CMAR's written notarized statement that the adjustment claimed is the entire Construction Manager at Risk 44 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 adjustment to which the CMAR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the City in accordance with Section 7.68, "No Damages for Delay," if City and CMAR 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 CMAR 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 CMAR employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 7.67 Extension of Time not Cumulative In case the CMAR shall be delayed for any period of time by two or more of the causes mentioned in Article 7.69, "Excusable Delay, Non-Compensable," the CMAR shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 7.68 No 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 by reason of any delays except as provided herein. CMAR shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CMAR for actual delays due solely to fraud, bad faith or active interference on the part of City. Otherwise, CMAR shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. THERE WILL BE NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the CMAR 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 CMAR agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the CMAR 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. CMAR shall not receive monetary compensation for the City delay. Time extensions may be authorized, in writing, by the City in certain situations. 7.69 Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of CMAR, its Subcontractors, suppliers and vendors, agents and representatives, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by CMAR or its Subcontractors, suppliers or vendors or agents and representatives and by the City or Consultant. Then CMAR shall be entitled only to a time extension and no compensation for the delay. Construction Manager at Risk 45 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CMAR is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. CMAR shall document its claim for any time extension as provided in Article 7.66, "Notification of Claim," hereof. Failure of CMAR to comply with Article 7.66, "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. 7.70 Lines and Grades The CMAR shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 7.71 Defective Work The Project Manager, in consultation with the AOR, shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, CMAR shall promptly either correct all defective Work or remove such defective Work and replace it with Work in conformity with the Contract Documents. CMAR shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should CMAR fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at CMAR's expense. Any expense incurred by the City in making such removals, corrections, or repairs, shall be paid out of any monies due or which may become due to CMAR, or may be charged against the Performance Bond. In the event of failure of CMAR to make all necessary repairs promptly and fully, City may declare CMAR in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, CMAR, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that CMAR might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 7.72 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 CMAR. 7.73 Uncovering Finished Work The Project Manager, Inspector, and/or Consultant's right to make inspections shall include the right to order the CMAR to uncover or take down portions of finished Work. Construction Manager at Risk 46 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 The City shall notify the CMAR in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the CMAR. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related costs, in connection with such uncovering, taking down, replacing, and restoration at the Project site. 7.74 Correction of Work The CMAR shall promptly correct all Work rejected by the Project Manager as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The CMAR shall bear all the cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The CMAR 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 CMAR will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to so comply, the CMAR does hereby authorize the City to proceed to have such Work done at the CMAR's expense and that the CMAR will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the CMAR'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 CMAR's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the CMAR not being in accordance with the requirements of the Contract. If, within one (1) year after the date of substantial completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the CMAR shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 7.75 Maintenance of Traffic and Public Streets Scope of Work The CMAR 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 CMAR's bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The CMAR shall abide by all applicable laws, regulations, and Construction Manager at Risk 47 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 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 CMAR shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one- half open for traffic, without specific approval. If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the CMAR shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The CMAR 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 CMAR 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 CMAR shall provide necessary access to all adjacent property during construction. The CMAR 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 CMAR shall be responsible for providing the City with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by the CMAR, and certified under FDOT Procedure NPIL No. 625-010-010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470. Where applicable, the CMAR shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed, and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping The CMAR shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures Where construction of the Project shall involve lane closures public streets, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a Construction Manager at Risk 48 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. 7.76 Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CMAR'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 CMAR because of discrepancies between the actual location of utilities and that shown in the drawings, and damages suffered as a result thereof. The CMAR shall notify each utility company involved at least 48 Hours prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CMAR shall be paid for by the CMAR. All charges by utility companies for temporary support of its utilities shall be paid for by the CMAR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. The CMAR shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The CMAR 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 CMAR 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 CMAR. All such repairs made by the CMAR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 7.77 Stop Work Order The City may, at any time, by written order to the CMAR, require the CMAR to stop all, or any part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the CMAR, or the Stop Work Order may commence on a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar days (or the lesser period specified) after a Stop Work Order is delivered to the CMAR, 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 7.87, "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 CMAR shall resume the Work without compensation to the CMAR for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the CMAR may have been delayed by such suspension. In the event the City determines that the suspension of Work was necessary due to CMAR's defective or incorrect Work, unsafe Work conditions caused by the CMAR or any other reason caused by CMAR's fault or omission, the CMAR shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. Construction Manager at Risk 49 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.78 Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the CMAR, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the CMAR to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 7.79 Use of Completed Portions The City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increase the cost of or delays the Work, CMAR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the City. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ City shall give notice to CMAR in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ CMAR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from the City. ■ Upon the City's issuance of a Certificate of Substantial Completion, the City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, and start of warranty for the occupied area. ■ CMAR shall complete all items noted on the Certificate of Substantial Completion within the time specified by the City on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, City shall issue a Certificate of Final Payment relative to the occupied area. ■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and CMAR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CMAR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 7.80 Cleaning Up; City's Right to Clean Up CMAR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project, CMAR shall remove all its Construction Manager at Risk 50 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery, and surplus materials. If CMAR 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 CMAR. If a dispute arises between CMAR and separate subcontractors as to their responsibility for cleaning up, the City may clean up and charge the cost thereof to the responsible party therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 7.81 Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, CMAR, if notified to do so by the City, shall promptly remove any part or all of CMAR's equipment and supplies from the property of City. If the CMAR does not comply with the City's order, the City shall have the right to remove such equipment and supplies at the expense of CMAR. 7.82 Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the CMAR, 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 CMAR to the City. The City shall notify the CMAR in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the CMAR in accordance with the Local Government Prompt Payment Act. 7.83 Event of Default An event of default shall mean a breach of the Contract or by the CMAR. 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, any one (1) or more of the following: ■ The CMAR has not performed the Work in a timely manner; ■ The CMAR 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 CMAR has failed to make prompt payment to Subcontractors or suppliers for any services or materials they have provided; ■ The CMAR has become insolvent or has assigned the proceeds received for the benefit of the CMAR's creditors, or the CMAR has taken advantage of any insolvency statute or debtor/creditor law or if the CMAR's affairs have been put in the hands of a receiver; ■ The CMAR has failed to obtain the approval of the City where required by the Contract; ■ The CMAR has failed in the representation of any warranties stated herein; ■ The CMAR has been debarred in the State of Florida or been placed on the convicted vendors list under Section 287.133, Florida Statutes; Construction Manager at Risk 51 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ The CMAR has breached a material term or provision of the CMAR Documents and has not timely cured the breach; ■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the CMAR's ability to perform the Work, the City shall notify the CMAR 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 CMAR's ability to perform in accordance with the terms of the Contract Documents. In the event that the CMAR fails to provide to the City the requested assurances within the prescribed timeframe, 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 CMAR shall have no further recourse of any nature for wrongful termination. 7.84 Notice of Default/Opportunity to Cure In the event that the City determines that the CMAR is in default of their obligations under the Contract, the City may at its sole discretion notify the CMAR in writing, specifying the basis for such default, and advising the CMAR that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another CMAR and any such costs incurred will be deducted from any sums due the CMAR under any Contract with the City. 7.85 Termination for Default If CMAR fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then CMAR 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 CMAR, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to CMAR while CMAR 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. CMAR understands and agrees that termination of this Contract under this Article shall not release CMAR from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ CMAR fails to obtain the insurance or bonding herein required by the Contract. Construction Manager at Risk 52 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ CMAR fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract Documents, beyond any specified period allowed to cure such default. ■ CMAR fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the CMAR full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the CMAR has been erroneously terminated under this Article, such termination shall be deemed to have been under Article 7.87, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the CMAR a written Notice to Cure. 7.86 Remedies in the Event of Termination for Default If a Termination for Default occurs, the CMAR and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages. The CMAR 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 CMAR's failure to remove such items from the Project site(s) as required. The CMAR shall also remain liable for any liabilities and claims related to the CMAR's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 7.87 Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the CMAR. Such written notice shall state the date upon which CMAR shall cease all Work under the Contract and vacate the Project site(s). The CMAR shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"); ■ Take such action as may be necessary for the protection and preservation of the City's materials and property; ■ Cancel all cancelable orders for materials and equipment; ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports, and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure Construction Manager at Risk 53 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 to deliver the documentation timely shall cause the City to withhold any payments due without recourse by CMAR until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the CMAR: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the CMAR. ■ All payments pursuant to this Article shall be accepted by the CMAR 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 CMAR. ■ CMAR shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due to the CMAR under this Article the CMAR grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 7.88 Resolution of Disputes CMAR understands and agrees that all disputes between the CMAR and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the CMAR 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 7.4, "Notices." Should the CMAR and the Project Manager fail to resolve the dispute, the CMAR shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 7.4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the CMAR and the Director of OCI fail to resolve the dispute, the CMAR shall submit their dispute in writing within five (5) calendar days to the City Manager. Failure to submit such an appeal of the written finding shall constitute acceptance of the finding by the CMAR. Appeal to the City Manager for the resolution, is required prior to CMAR being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved by the City Commission. CMAR shall not be entitled to seek judicial relief unless: ■ It has first received City Manager's written decision, approved by the City Commission if applicable; or Construction Manager at Risk 54 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 ■ A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or ■ City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 7.89 Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The CMAR agrees to include such similar Contract provisions with all Subcontractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except that CMAR shall pay all attorney's fees of all attorneys it has engaged to defend the City pursuant the CMAR's duty to indemnify, hold harmless and defend the City pursuant to Article 7.6, "Indemnification." 7.90 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. 7.91 Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the CMAR. That also includes any other permit fees not directly related to the actual construction of the Project, including but not limited to, licenses, permits and fees, such Construction Manager at Risk 55 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 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 CMAR pursuant to the Contract Documents shall be secured and paid for by CMAR. It is CMAR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. CMAR shall pay impact or similar fees levied by the City and/or Miami -Dade County. CMAR shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the CMAR 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 CMAR shall be for the actual amount and in no event shall include profit or overhead of CMAR. Permit fees related the CMAR's operations (e.g., permits for dumpsters, job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable. 7.92 Compliance with Applicable Laws All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The CMAR shall comply with the most recent editions and requirements of all applicable laws, rules, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the CMAR 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 CMAR and Subcontractor doing business anywhere in the City. 7.93 Independent Contractor The CMAR is engaged as an independent business and agrees to perform Work as an Independent CMAR. In accordance with the status of an Independent CMAR, the CMAR covenants and agrees that the CMAR will conduct business in a manner consistent with that status, that the CMAR 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 CMAR's staff shall not be employees of the City, and the CMAR 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 CMAR's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the CMAR as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, Construction Manager at Risk 56 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 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 CMAR hereby agrees to defend, indemnify, hold, and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 7.94 Third Party Beneficiaries Neither CMAR nor City intends to benefit a third party directly or substantially by this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 7.95 Successors and Assigns Subject to Article 7.109, "Consent of City Required for Subletting or Assignment," the performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the CMAR without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the CMAR, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to terminate this Contract. Any assignment without the City's consent shall be null and void. The CMAR 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 CMAR 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 Agreement. 7.96 Materiality and Waiver of Breach City and CMAR agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 7.97 Severabilit In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. Construction Manager at Risk 57 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.98 Applicable Law and Venue of Litigation; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 7.99 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. 7.100 Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the CMAR 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 to be a waiver of any other breach of any provision of the Contract Documents. 7.101 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act CMAR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CMAR 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, CMAR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CMAR's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 7.102 Evaluation CMAR acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the CMAR. The performance evaluations will be kept in City files for evaluation on future solicitations. 7.103 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. Construction Manager at Risk 58 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 7.104 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. 7.105 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 CMAR, continue until completion at the same prices, terms, and conditions. 7.106 Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of CMAR which relate in any way to the Project, and to any claim for additional compensation made by CMAR, and to conduct an audit of the financial and accounting records of CMAR which relate to a Project and to any claim for additional compensation made by CMAR including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with this statute. Otherwise, CMAR shall retain and make available to the City all such books, records, and accounts, financial or otherwise, which relate to the Project and to any claim for a period of six (6) years following Close Out of the Project. CMAR shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CMAR does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the CMAR or keep and maintain public records required by the City to perform the service. If the CMAR transfers all public records to the City upon completion of the Contract, the CMAR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CMAR keeps and maintains public records upon completion of the Contract, the CMAR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The CMAR agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. CMAR shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. IF THE CMAR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CMAR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, Construction Manager at Risk 59 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416- 1800, VIA EMAIL AT PUBLICRECORDS(a�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FL, MIAMI, FL 33130. THE CMAR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. 7.107 No Interest Any monies not paid by the City when claimed to be due to CMAR under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 7.108 Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due the CMAR an amount equal to its cost incurred on account of the CMAR's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the CMAR notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the CMAR has fulfilled its obligations, the City will pay the CMAR any monies owed, subject to CMAR's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 7.109 Consent of City Required for Subletting or Assignment If the CMAR assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title, or interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the CMAR to assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the CMAR for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of the State of Florida. 7.110 Agreement Limiting Time in Which to Bring Action against the City In the event the CMAR may be deemed to have a cause of action against the City, no action shall lie or be maintained by the CMAR against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. In the event this Article is found to be unenforceable, the Construction Manager at Risk 60 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 7.111 Defense of Claims Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of the General Terms and Conditions, Article 7.6, "Indemnification," the CMAR shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the CMAR. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Article 7.6, "Indemnification," which is not the fault of the CMAR; the CMAR will be responsible for payment of their attorney's fees and costs incurred in defense of the CMAR and of the City. This Section shall survive the cancellation or expiration of this Contract. 7.112 Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. 7.113 Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the CMAR'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 CMAR, 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 CMAR fails to diligently defend such claim, and thereafter seek indemnity for such cost from the CMAR. 7.114 Contract Extension The City reserves the right to exercise its option to extend the Contract for up to one hundred and eighty (180) calendar days beyond the original Contract period. In such an event, the City will notify the CMAR in writing of such extensions. 7.115 Non -Exclusivity It is the intent of the City to enter into a Contract with the CMAR 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, using other contractors, or performing the Work with its own employees. 7.116 Nature of the Agreement The CMAR shall provide the services set forth in the Contract Documents. The CMAR shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The CMAR acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project. All things not expressly mentioned in the Contract Documents, but necessary to Construction Manager at Risk 61 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 carrying out its intent are required by the Contract Documents, and the CMAR shall perform the same as though they were specifically mentioned, described, and delineated. The CMAR 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. 7.117 Contract Documents Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 7.118 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 CMAR and the City under the Contract, which by nature would continue beyond the termination, cancellation, or expiration thereof, should survive termination, cancellation, or expiration thereof. Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Article 7.3, "Contract Price and Guaranteed Maximum Cost," Article 7.6, "Indemnification," and Article 7.87, "Termination for Convenience." SECTION 8 SUPPLEMENTAL TERMS AND CONDITIONS OF THE CONSTRUCTION CONTRACT 8.1. Contract Time and Hours The CMAR shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. A Notice to Occupy Site (NOS) for Project Procurement will be issued for a duration of forty-five (45) days, and this Notice will not allow for onsite activities, other than what is specifically noted in the NOS or minor mobilization or project set up activities that have been mutually agreed to between the City and CMAR, until the issuance of a formal Notice to Proceed (NTP), a precedent of which is a Building Permit issued by the City of Miami. Any work noted in the NOS or other minor mobilization activities agreed to between the City and CMAR between the NOS and NTP shall not serve as a start to the project duration; only the official NTP shall serve as this milestone. The official NTP will be issued forty-five (45) days after the date of the NOS, or earlier should the CMAR be ready to activate Phase 1 of the Construction Activities, after which date the CMAR shall have two hundred and seventy (270) calendar days to achieve Substantial Completion for Phase 1, as defined herein, and three hundred sixty-five (365) calendar days to achieve Substantial Completion for Phases 2 and 3, all from the date that the NTP is issued. The CMAR may earn a $300,000 Schedule Performance Incentive by completing Phase 1 within two hundred and forty (240) calendar days from the date the NTP is issued. After Substantial Completion is achieved, the CMAR shall have an additional sixty (60) calendar days to achieve Final Completion of the Contract. The CMAR shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City's Noise Ordinance, Sec 36-6. Any Work to be performed outside of these times must be Construction Manager at Risk 62 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the CMAR in writing of any changes in approved Work hours. 8.2 Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the NTP has been issued, partial payments will be made in accordance with the following: Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. CMAR may make an application for payment for Work completed during the Project at intervals of not more than once a month or upon completion and Final Acceptance of the Work. CMAR will be paid based on the line -item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted electronically, and the CMAR shall only use the City's CMAR Payment Application Form. Where the timeframe for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the CMAR 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 8.6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the City. City shall make payment to CMAR within thirty (30) calendar days after approval of CMAR's application for payment. Five percent (5%) of all monies earned by CMAR shall be retained in all payments by the City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of the 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 CMAR or City because of CMAR's performance. ■ Failure of CMAR to make payments properly to Subcontractors or for material or labor. ■ Damage to another contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of CMAR to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the CMAR shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be made in whole or in part. The City will pay, and the CMAR shall accept as full compensation for the Work, the sums specified in the CMAR's submittal to the Contract Documents, as accepted by the City. Construction Manager at Risk 63 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CMAR may be paid for materials or equipment purchased and stored at the Project site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project, but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the CMAR 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. CMAR retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 8.3. Liquidated Damages The CMAR is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the CMAR shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the CMAR shall pay to the City for each and every calendar day of unexcused delay, the sum of two thousand seven hundred -twelve dollars ($2,712) 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 CMAR shall pay to the City for each and every calendar day of unexcused delay, the additional sum of Six Hundred and Seventy -Eight dollars ($678) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The CMAR will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the CMAR under any Contract the CMAR 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 CMAR shall pay the difference upon demand by the City. Should the CMAR fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City Contract until such indebtedness is paid in full to the City. The City shall notify the CMAR in writing that it is incurring liquidated damages. 8.4. Schedule of Values The CMAR must submit an electronic copy of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the NTP. The Schedule of Values shall indicate a breakdown that matches the approved GMP Schedule of Values. CMAR's overhead and profit should be as separate line items. The City may require further breakdown of subcontractor's Schedule of Values after review of the CMAR's submittal. The City reserves the right to request such information from the CMAR as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed five percent (5%) of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's CMAR Payment Application Form. 8.5. Project Schedules CMAR shall submit a proposed Project schedule as follows: • Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the NTP, and such submittal shall be subject to the City's review. Subsequent to such Construction Manager at Risk 64 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 review of said schedule, the CMAR shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, CMAR shall submit a hard copy as well as an electronic version. Such an electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's baseline schedules. ■ Subsequent to review of the initial schedule submission, the CMAR shall establish the reviewed schedule as the "baseline schedule." CMAR shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 8.6. Release of Liens/Subcontractor's Statement of Satisfaction The CMAR warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the CMAR, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the CMAR or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. The CMAR shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The CMAR shall submit with the final payment request, for any Project where Subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the CMAR has submitted a Performance/Payment Bond the CMAR may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. CMAR must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 8.7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. CMAR shall hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work. CMAR shall arrange and conduct regular bi-weekly job site Project status meetings with the City. CMAR shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, CMAR shall identify the party or parties responsible for following up on any problems, delay items, or questions, and CMAR shall note the action to be taken by such party or parties. CMAR Construction Manager at Risk 65 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 shall revisit each pending item at each subsequent meeting until resolution is achieved. CMAR shall attempt to obtain from all present any potential problem or delaying event known to them for appropriate attention and resolution. CMAR shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The CMAR shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence. The CMAR shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The CMAR shall prepare and distribute to the City an updated two -week look -ahead schedule of construction activities and submittals. 8.8. Request for Information The CMAR shall submit a Request for Information (RFI) where the CMAR 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, CMAR shall include its recommendation for resolution. The City shall respond in writing. 8.9. Project Site Facilities The CMAR shall arrange for all Project site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project. CMAR's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project site without the prior consent of the manager of the facility or the Project Manager, where there is no manager of a facility. The CMAR 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 CMAR, its employees or Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the CMAR. The CMAR shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. There shall be adequate provisions made by the CMAR 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 City. CMAR is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such a decision will be made at the sole discretion of the City. The CMAR shall be required to obtain all necessary permits required for any Project site facilities. CMAR shall also be responsible for maintaining such facilities in a safe and working condition. All such facilities remain the property of the CMAR and the CMAR shall be responsible for the removal and disposal of such facilities prior to Final Acceptance. 8.10. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The CMAR shall have sole responsibility for the security of all Work materials, tools, equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the CMAR shall Construction Manager at Risk 66 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 be responsible for the repair or replacement of all Work such materials, tools, and equipment. 8.11. Construction Signage When required by the Contract Documents the CMAR shall provide construction signage. The City shall provide the CMAR with the wording and layout for the signs at the pre - construction conference. The CMAR shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4- inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. ■ The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. ■ The CMAR shall also post appropriate construction site warning signs at the Work site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boaters to the construction zone, requiring idle speed and a minimum clearance distance. CMAR shall provide drawings for the signage, which shall be subject to approval by the Consultant. ■ The Project Manager and the City shall approve the locations for all signage. ■ Signage must be permitted and approved as required by the City and County Sign Codes. 8.12. Construction Photographs CMAR shall submit with each application for payment photographs that accurately reflect the progress of the Work. CMAR shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a monthly basis. 8.13. City Furnished Property CMAR shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to by the City and shall reinstall or provide to the City as directed. 8.14. Geotechnical Testing - Intentionally Omitted 8.15. Field Layout of the Work and Record Drawings for Drainage Projects The CMAR, through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in Construction Manager at Risk 67 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers, and centerlines, auxiliary lines, and a benchmark from which to establish the elevations. The CMAR shall make his equipment and men available to the Inspector for spot-checking the accuracy of the Work. The City shall require the Work to be brought within the tolerances specified elsewhere before backfilling is placed, or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with CMAR. CMAR shall maintain an accurate and precise record of the location and elevation of all pipelines, conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M.). CMAR shall deliver these records in good order to the City as the Work is completed. The CMAR shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost of all such field layout and recording Work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to the City prior to, and as a condition of, final payment. During the entire construction operation, the CMAR shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. Recording of Project Record: ■ Record all information for pipeline Projects and on -site Projects concurrently with construction progress. ■ Do not conceal any Work until the CMAR and the City record as -built information. ■ All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the CMAR's recorded information. ■ Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. ■ Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). ■ For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications. ■ FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. ■ FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and Construction Manager at Risk 68 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 elevation of equipment, buildings, and miscellaneous items installed inside them shall be recorded as applicable. ■ CMAR's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the Work as it was constructed. ■ Record Drawings shall be prepared on a 4-mil Mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the City for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. ■ If the Consultant determines that the Drawings are not acceptable, they will be returned to the CMAR with a cover letter noting the deficiencies and/or reasons for the disapproval. CMAR shall have ten (10) calendar days to correct all exceptions taken by the City and resubmit as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, CMAR shall submit to City, CMAR's record drawings or as -built drawings acceptable to Project Manager. 8.16. Survey Work for Drainage Projects The CMAR shall retain or employ a Florida Registered Land Surveyor (FRLS) to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the CMAR's FRLS, the CMAR will be provided with a packet of information, from the City, showing the format to be utilized. The CMAR is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 8.17. E-Verify - Mandatory Use CMAR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CMAR during the term of the Contract and shall expressly require any Subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. 8.18. Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 8.19. Disclosure of State Funding, if applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such Construction Manager at Risk 69 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 8.20 Projects Funded by Federal or State Funds a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Proposer's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Proposer that continued performance of the contract would results in a substantial loss. Successful Proposer might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the RFP, Proposers are required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. Failure to identify any and all Subconsultants/Subcontractors in the Proposal shall render the Proposal non -responsive unless the Successful Proposer submits this documentation to the City within five (5) working days after the proposal due date. The Successful Proposer shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Successful Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Proposer. d. Davis -Bacon Act - 40 U.S.C. 3141-3148 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The CMAR shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. CMAR and its Subcontractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Construction Manager at Risk 70 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 3. Additionally, CMAR and its Subcontractors are required to pay wages not less than once a week. 4. Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. CMAR shall use the Federal Wages reflected in the applicable Wage Determination for the appropriate category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. CMAR shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act - 40 U.S.C. 3701-3708 1. The CMAR shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The CMAR shall insert in any subcontracts the clause above and such other clauses as any appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. The CMAR shall be responsible for the compliance by any subcontractor or lower -tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CMAR and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act - 40 U.S.C. 3701-3708 1. Overtime Requirements: Neither the CMAR nor any subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the CMAR, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, both the CMAR and subcontractors shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CMAR or subcontractor under any such contract or any other Federal contract with the same CMAR, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CMAR, such sums as may be determined to be necessary to satisfy any liabilities of such CMAR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Construction Manager at Risk 71 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 4. The CMAR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The CMAR shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. g. Notification to Perform Work The Successful Proposer shall notify the Project Manager when an employee is on the property and for what purpose. h. Background Checks The Successful Proposer shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue §1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Proposer shall provide Level Two (2) background screening results for all employees completing the work on park grounds. i. Equal Employment Opportunity - 41 CFR Part 60 During the performance of any resulting contract from an RFP, the Proposer agrees as follows: 1. The CMAR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CMAR will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CMAR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The CMAR will, in all solicitations or advertisements for employees placed by or on behalf of the CMAR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The CMAR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CMAR's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The CMAR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The CMAR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Construction Manager at Risk 72 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 6. In the event of the CMAR's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CMAR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The CMAR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CMAR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the CMAR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CMAR may request the United States to enter into such litigation to protect the interests of the United States. j. Clean Air Act - 42 U.S.C. 7401-7671q. 1. The CMAR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2. The CMAR agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The CMAR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. k. Federal Water Pollution Control Act - 33 U.S.C. 1251-1387 1. The CMAR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The CMAR agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The CMAR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. I. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, CMAR, or any other party pertaining to any matter resulting from the contract. m. Program Fraud and False or Fraudulent Statements or Related Acts The CMAR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CMAR's actions pertaining to this contract. Construction Manager at Risk 73 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 n. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Proposers who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Proposers to return this form signed along with their Proposal. o. Procurement of Recovered Materials 1. In the performance of this contract, the CMAR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program. p. Seal, Logo, and Flags The CMAR shall not use seal(s), logos, crests, or reproductions of flags or likenesses of federal agencies, including but not limited to the Department of Homeland Security's (DHS) agency officials, without specific pre -approval from the appropriate federal agency. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance from federal agencies will be used to fund this contract only. The CMAR will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. r. Access to Records 1. The CMAR agrees to provide the City of Miami, the Federal agency providing funding, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CMAR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The CMAR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The CMAR agrees to provide the Administrator of the Federal agency providing funding or their authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. s. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CMAR is required to verify that none of the CMAR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § q• Construction Manager at Risk 74 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The CMAR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower -tier transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the CMAR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The CMAR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The CMAR further agrees to include a provision requiring such compliance in its lower -tier transactions. t. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. u. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. 200.318 through 200.327. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk 75 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 EXHIBIT "A" GMP AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES THIS GMP AGREEMENT, made and entered into as of this llth day of March , 20 2024("GMP Agreement") is entered into between the City of Miami ("City") and James B. Pirtle Construction Company, Inc., d.b.a. Pirtle Construction Company, to activate the Construction Services pursuant to the Construction Manager at Risk (CMAR) Services for West End Park Agreement, made as of the 19th day of April, 2023. WHEREAS, the City and the CMAR have agreed to the terms and conditions of the GMP Proposal in the manner set forth herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, in the Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the CMAR do hereby agree as follows: 1. This GMP Agreement is executed in connection with, and is deemed to be a part of, the Agreement and the Contract Documents. Wherever the terms of this GMP Agreement and the terms of the Contract Documents are in conflict, the terms of this GMP Agreement shall govern and control. The terms used herein, unless otherwise defined in this GMP Agreement, shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof: a. The drawings listed on Attachment I attached hereto, which drawings are made a part of the Contract Documents by this reference (the "Drawings"); and b. The specifications listed on Attachment II attached hereto, which specifications are made a part of the Contract Documents by this reference (the "Specifications"). c. Those documents listed on Attachment III, Additional Contract Documents, attached hereto, are made a part of the Contract Documents by this reference. 3. The entire Scope of the Work for Project RFP No. 21-22-001-R, Construction Manager at Risk Services for West End Park - D4, is hereby incorporated into the work. Construction Manager at Risk 76 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 4. Non -construction activities for the aforementioned Project shall commence upon issuance by the CITY of a Notice to Occupy Site (NOS), dated on March 1, 2024. 5. At the end of the forty-five (45)-calendar day period after issuance of the NOS, or earlier should the CMAR be ready to start construction activities, the aforementioned Project shall commence upon issuance by the CITY of a Notice to Proceed (NTP), which date will constitute the "Date of Commencement." 6. The CM shall achieve Substantial Completion of the entire Work for the aforementioned Project not later than 270 calendar days (Phase 1) and 360 days (Phases 2 and 3), respectively, from the Date of Commencement (the "Contract Time"), which is the date of issuance of the NTP. Final Completion shall be achieved by the CMAR not later than sixty (60) days from the date of Substantial Completion. Failure to meet either the Substantial Completion or Final Completion dates shall be a material breach of this Agreement. 7. The CITY and the CMAR acknowledge and agree that the CITY will suffer damages if the CMAR fails to achieve Substantial Completion of the entire Work for the Project as defined in the Contract Documents on or before the expiration of the Contract Time, which damages are difficult, if not impossible, to ascertain with any degree of certainty. Accordingly, if the CMAR fails to achieve Substantial Completion of the entire Work for the Project on or before the expiration of the Contract Time, liquidated damages (which are not intended as a penalty) shall be assessed against the CMAR in an amount to be calculated in accordance with the Contract Documents using the GMP agreed to for this Work in this Exhibit as the basis for calculation. This will occur by virtue of the CMAR's failure to achieve Substantial Completion of the Project within the Contract Time. 8. To the extent that the Contract Documents include specific provisions for liquidated damages to be applied separately for any Phase, Building or other portion of the Work prior to the required completion date or within the Contract Time for the entire Project, such liquidated damages shall be assessed in accordance with the provisions contained in the CMAR Agreement based on the required completion dates, construction time durations and total construction cost set forth in the approved schedule of values, as accepted by the CITY. 9. The GMP for the Project is hereby guaranteed by the CMAR not to exceed the sum of Fifteen Million Three Hundred Ten Thousand Eight Hundred Fifty -Three Dollars and Twenty Cents ($15,310,853.20) ("the GMP"), based upon the entire Scope of Work as described in the Contract Documents, including, but not limited to, the Drawings and Specifications, subject only to additions and deductions by Change Construction Manager at Risk 77 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Order or Construction Change Directive, as provided in the Contract Documents. The GMP is more particularly itemized in the Schedule of Values prepared in accordance with the terms of the Agreement, which Schedule of Values is attached hereto and made a part of the Contract Documents by this reference. Included in the Schedule of Values and specifically identified herein as part of the GMP are a) Contingency Allowances in the amount of Five Hundred Twenty -Two Thousand Four Hundred Fifty -Two Dollars and Twenty Cents ($522,452.20), and b) a Schedule Performance Incentive in the amount of Three Hundred Thousand Dollars ($300,000.00), subject to early completion of Phase 1 under specific schedule conditions. 10. In addition to the GMP, the CITY has established an Owner's Contingency Allowance of One Million Five Hundred Thirty -One Thousand Eighty -Five Dollars and Thirty -Two Cents ($1,531,085.32). This allowance shall be used to address any unforeseen condition that may arise during the execution of the Work, and may not be utilized without prior approval from the Project Manager. 11. Whether or not the Construction or Contract Documents enumerated in this GMP Agreement have actually been completed to the level of 50% or 100% Construction Documents as defined by this Agreement, the GMP includes all Work reasonably inferable from such Construction and Contract Documents, as prepared by the AOR and reviewed and accepted by the CCMAR, and as referenced in the Contract Documents including, but not limited to, all responses issued by the CITY to CMAR's bidding inquiries and requests for information, as necessary to deliver a fully completed and finished working Project. To the extent there exists a conflict between the Construction and Contract Documents and any of the other aforementioned reference documents, the item of higher price, quantity or quality shall be included in the GMP, without use of any Contingency. 12. Procedures and expenditures related to use of any Contingency included in this GMP and/or Owner's Contingency Allowance shall comply with the applicable terms and conditions of the CMAR Agreement, all of which are incorporated into and made a part of this Contract. 13. The CMAR shall provide all applicable, required certificates of liability insurance in compliance with the provisions of Articles 7.7, "Insurance." In addition, the CMAR shall provide the required Payment Bond and the Performance Bond in compliance with the provisions of Article 7.8, "Performance and Payment Bonds." 14. By executing this GMP Agreement, the CMAR acknowledges that it has ascertained all correct locations for points of connection for all utilities, if any, required for this Construction Manager at Risk 78 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Project; and has identified all clarifications and qualifications for this Project, if any. 15. The CM's on -site management and supervisory personnel for this Project are set forth in the GMP Proposal, attached hereto and made a part hereof by this reference. 16. To the extent that the CITY has authorized the CMAR, in writing, to perform a portion of the Work for this Project; with the CMAR's own forces, the salary and wage schedule for the CMAR's personnel performing such portion of the Work, agreed upon by the CITY and the CMAR, shall be pursuant to a wage schedule that includes the lowest comparable market rates (including any and all benefits, contributions and insurance) charged by the CMAR for comparable contracts to other businesses and individuals for similar services, and that such rates are not higher than the standard paid at the place of this Project. Should this Project be funded, in whole or in part, by a federal funding source, the CMAR shall comply with Article 8.20, "Projects Funded by Federal or State Funds," Subarticle (d), Davis -Bacon Act — 40 U.S.C. 3141-3148. 17. The Construction Schedule for this Project is set forth on Exhibit B, attached hereto and made a part hereof by this reference. The final accepted schedule for construction as required in the CMAR Agreement and included in this GMP Agreement shall not be construed as the Detailed Initial or Baseline Schedule as set forth in the General Conditions of the Contract for Construction, which schedule shall be prepared by the CMAR and separately submitted for review and approval after approval of the GMP Agreement by the CITY, as set forth in the General Conditions of the CMAR Agreement. 18. Except as expressly provided herein above, all of the terms, conditions, covenants, agreements, and understandings contained in the Contract Documents shall remain unchanged and in full force and effect, and the same are hereby expressly ratified and confirmed by the CITY and the CMAR. 19. This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Construction Manager at Risk 79 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Ting of A1Fiiami Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Small Business Enterprise ("SBE") Rcquircmcnts Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Small Business Enterprise" requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall 2. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition. b) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (d) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (d) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: Construction Manager at Risk 80 RFP No. 21-22-001-R Services for West End Park DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 g) (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employees to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB). 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; Construction Manager at Risk Services 81 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.B of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (i) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements; (ii) Bidder does have a satisfactory record of performance; (iii) Bidder does have a satisfactory record of integrity; (iv) Bidder does possess qualified legal standing to Contract with the City; and (v) Bidder will comply by supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or non-payment of moneys due to the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information, or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (i) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (ii) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (iii) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirement The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section quarterly basis; g) Construction Manager at Risk Services 82 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 b) Have identified in City Form Subcontractor Utilization ("SOU+") a third party independent who „erifies and is properl„ licensed Finder the provisions of F..i. ^F^ ^71'17Z or i181 and who is not with the CMAR; and c) The selected third party, who independently verifies compliance with this section, must have a mminimrrar'=' of two (l e ss—of experience —as regu.'reed in Ordinance N 13w2oodified—as Section 18-89 of the City Code. Certification - Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Description Total $ Unit Price Quantity Price Extended Method Construction Manager at Risk Services 83 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Bidder Name: Signature: Printed Name/Title: City/State/Zip: Email: Telephone No.: Social Security No. or Federal I.D. No. Fax No.: Dun & Bradstreet No. If a partnership, names and addresses of partners: (If applicable) Construction Manager at Risk Services 84 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CERTIFICATE OF AUTHORITY (IF CORPORATION) HEREBY CERTIFY that at a meeting of the Board of Directors of 1 P , (v .) 4r M ;'-. (.77 a corporation organized and existing under the laws of the State Flue of • '1 , held on the 2.0 day of 1-1 a resolution was duly passed and adopted authorizing (Name) KA , c ✓ as (Title) 1 rc. 4 t ,. 4 of the corporation to execute bids on behalf of the corporation and rovidin that his/her execution thereof,attested bythe secretar y P 9 of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of rc vA7 20 24. Secretary: Print: Pc- v-v-c- � 1 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) REBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of held on = day of , a resolution was duly passed and adopted authorizing (Name) as e) of the to execute bids on behalf of the partnership and provides that his/her execution there. , ttested by a partner, shall be the official act and deed of the partnership, I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Construction Manager at Risk Services for West End Park - D4 85 RFP No. 21-22-001-R DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY TIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the bid to which estation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Signed: Print: NOTARIZATION STATE OF +tor; 6 CI ) COUNTY OF \`-ik CQ d L The foregoing instrument was acknowledged before me this Z da of F€ t3CUO (� 9 9 9 Y , 20 cD byirT ( L,t ).MCI , who is personally known to me or who has produced as identification and who (did / did not) take an oath. op SIGNATUREO„F, NOTARY�PUBLIC 1 STATE OF -IQndc Vanpss3 VQ1( Gda rt°s PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC kµ NotaryPublicStateFloridalo Vanessa Vssa atllladares y • My Commission HH 009044 "�j«M1/ Expires 06/10/2024 Construction Manager at Risk Services for West End Park - D4 86 RFP No. 21-22-001-R DocuSign Envelope ID: 162031 C5-1 7B2-4CD4-870E-COB9BOB91 098 SECTION 5 CONTRACT EXECUTION FORMS CONTRACT EXECUTION FORM THIS Contract# 21-22-001-R made this_ day of March in the year 20 202fh the amount of $16,841,938.52 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and James 8. Pirtle Construction Company, Inc., hereinafter called the "CMAR." IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST C.; Signatu1e Signa ure Print Name, Title of Auth• rized Officer of Official GONSTi; fi -n. •ct......,:.:001, James B. Pirtle Construction Company, Inc., a Florida profit corporation Print Name, Title ATTEST: CMAR Secretary (Affirm CMAR Seal, if available) ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida 1—DocuSigned by: DocuSigned by: — E46D756oDCF 1 459 _. Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: ,—DocuSigned by: \ DocuSigned by: Ilini nAutt,1,6Ll_.'1''''Jir-21-- `— 55'i43B_495F254BoF1 EF�.OAE6.EFOa57 Ann Marie Sharpe, Director Victoria Mendez, City Attorney DS (Matter 21-2996) rPr 5:vguArNorttia. DocuSigned850CF6C3726,D42A... Arthur Norlega V, City Manager Risk Management Department APPROVED AS TO LEGAL FORM AND CORRECTNESS: Construction Manager at Risk Services 87 RFP No. 21-22 for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CORPORATE RESOLUTION WHEREAS, , 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 (Type Title of Officer) is hereby authorized and instructed to enter into (Type Name of Officer) a Contract.. in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of 20 Corporate Secretary (Corporate Seal) Construction Manager at Risk Services for West End Park - D4 88 RFP N . 21-22-001-R DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called CMAR, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Sixteen Million Eight Hundred Forty -One Thousand Nine Hundred Thirty -Eight Dollars and Fifty -Two Cents ($16,841,938.52) for the payment whereof CMAR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CMAR has by written agreement entered into a Contract, bid/Contract ITB No. 21-22-001- R, CONSTRUCTION MANAGER AT RISK FOR WEST END PARK, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CMAR: 1. Performs the Contract between CMAR and City for construction of , 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 CMAR 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 CMAR shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to CMAR under the Contract and any amendments thereto, less the amount properly paid by City to CMAR. Construction Manager at Risk Services 89 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 FORM OF PERFORMANCE BOND (Page 2 of 2) No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20_ WITNESSES: (Name of Corporation) (Secretary) By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attorney -in -Fact) Address: (Street) (City/State/Zip Code) Telephone No.: Construction Manager at Risk Services 90 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called CMAR, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Sixteen Million Eight Hundred Forty -One Thousand Nine Hundred Thirty -Eight Dollars and Fifty -Two Cents ($16,841,938.52) for the payment whereof CMAR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CMAR has by written agreement entered into a Contract, ITB No. 21-22-001-R, CONSTRUCTION MANAGER AT RISK FOR WEST END PARK, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CMAR: 1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City sustains because of default by CMAR 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 CMAR in the performance of the Contract; THEN CMAR'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 CMAR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to CMAR a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with CMAR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to CMAR 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 CMAR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. Construction Manager at Risk Services 91 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20_ WITNESSES: (Name of Corporation) (Secretary) By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attorney -in -Fact) Address: (Street) (City/State/Zip Code) Telephone No.: Construction Manager at Risk Services 92 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 CERTIFICATE AS TO CORPORATE PRINCIPAL , 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 , who signed the Bond(s) on behalf of the Principal, was then 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. Secretary (on behalf of) Corporation STATE OF COUNTY OF (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 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 CMAR named therein in favor of City. Subscribed and sworn to before me this day of , 20 My commission expires: Notary Public, State of at Large Bonded by Construction Manager at Risk Services 93 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 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 Amount: 444 S.W. 2nd Avenue (in United States Funds) Miami, Florida 33130 Expires: (Date) Bid/Contract No.: We hereby authorize you to draw on (Bank, Issuer name) at by order of and (Branch Address) for the account of (CMAR, 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 (CMAR, applicant, customer) agreed upon by and between the City of Miami, Florida and (CMAR, 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) Construction Manager at Risk Services 94 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name), dated 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) calendar 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 CMAR'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 (CMAR, 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 Construction Manager at Risk Services 95 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Bidder is submitting as a joint venture, please be advised that these two (2) pages MUST be completed, and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint ventures: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision -making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the City in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venture in the undertaking. Further, the undersigned covenant and agree to Construction Manager at Risk Services 96 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 provide to the City current, complete, and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture relevant to the joint venture, by authorized representatives of the City. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Name of Bidder: Bidder: Signature: Signature: Name: Name: Title: Title: Date: Date: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk Services 97 RFP No. 21-22-001-R for West End Park - D4 DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 WEST END PARK IMPROVEMENTS GUARANTEED MAXIMUM PRICE DATE: February 20, 2024 OWNER: CITY OF MIAMI PROJECT No.: B-183505 BID PACKAGE 01A DESCRIPTION TOTAL $465,277.00 SUBCONTRACTOR PIRTLE TOTAL TRADES 2+ Bidders General Requirements 01 B General Conditions - Staffing (On Site PM in Fee Multiplier) $860,667.20 _ PIRTLE 01C Sub Permit Fees in Allowances _ 01 D Contractor Provided Testing Allowance in Allowances 03A Structural Concrete & Masonry $646,698.00 CAMIAXLE $ 646,698.00 03C Site Concrete $844,673.00 HOMESTEAD $ 844,673.00 04A Stone Veneer $43,300.00 GLASS BLOCK $ 43,300.00 05A Structural Steel $99,000.00 CAPITOL $ 99,000.00 06A General Casework $32,905.00 AXMAR $ 32,905.00 07B Roofing $104,692.00 CROWN $ 104,692.00 08A Hollow Metal Doors & Frames $114,550.00 DASH $ 114,550.00 08C Aluminum Entrances & Storefront $38,400.00 DASH $ 38,400.00 09A Framing, Drywall & Stucco $465,400.00 FMA 09B Ceramic Tile $17,500.00 VASSELL $ 17,500.00 09E Epoxy Flooring $19,750.00 TRIDENT $ 19,750.00 09G Painting, Caulking & Waterproofing $170,275.00 JASPER $ 170,275.00 10B Signage $3,489.00 SCHEDULE 10 $ 3,489.00 10C Toilet Accessories & Partitions $56,440.00 MARDALE $ 56,440.00 1OF Baseball Shelters $106,549.00 ARC $ 106,549.00 10G Fabric Shade Canopy in Allowances 11A Residential Appliances in Allowances 11B Playground Equipment & Surfacing $162,908.00 REP SERVICES 11 F Exterior Athletic Equipment in Allowances 12C Site Furnishings $233,338.00 REP SERVICES 12E Pool Area FF&E (Allowance) in Allowances 13A Swimming Pool & Splashpad $1,807,892.00 CERT. POOL $ 1,807,892.00 22A Plumbing $365,531.00 CENTERLINE $ 365,531.00 23A HVAC $282,500.00 COLTEC $ 282,500.00 26A Electrical $1,931,652.00 KENDALL $ 1,931,652.00 31A Earthwork, Paving & Site Utilities $1,825,900.00 AA FONTE $ 1,825,900.00 32A Courts, Surfacing & Striping $81,200.00 MCCOURT $ 81,200.00 32B Fencing $694,450.00 LTG CARLSON $ 694,450.00 32C Landscaping & Irrigation $632,414.00 VISUALSCAPE $ 632,414.00 33A Sports Fields $1,020,600.00 LTG SPORTS TURF $ 1,020,600.00 SUBTOTAL (Cost of Work) $13,127,950.20 $10,940,360.00 CM FEE MULTIPLIER (Cost of Work) Onsite Project Manager General Liability Insurance 7.00% $918,957.00 7% calc. on Cost of Work CM Fee Bond 0.92% $140,860.00 Calc. on Contract Value SDI Program 1.25% $147,525.001 $153,109.00 1Calc. on Subcontract Value Builders Risk Insurance Allowance 1.00% Calc. on Contract Value SUBTOTAL $14,488,401.20 Contractor Contingency & Allowances $522,452.00 — 1 , Schedule Performance Incentive (No Fee Multiplier) $300,000.00 TOTAL $15,310,853.20 Owner's Contingency TBD DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-00B9B0B91098 City of Miami West End Park Classic Schedule Layout 08-Jan-24 20:0 # Activity ID Activity Name Start Finish 1,2024 Qtr2,2024 Qtr3,2024 Qtr4,2024 Q61,2025 Qtr2,2025 Qtr3,2025 Qtr4,2025 2 41 5 9 City of Miami West End Park 114-Feb-24 16- Jun -25 I 1 1 1 1 I City of Miami West End Park Construction Contract 14-Feb-24 16-Jun-25 I Cpnstiuctiori Contract NTP 1 -Procurement- M inimal Activitry Onsite ' 14-Feb-24 15-5pr-24_ ‘1 NTP 1-Procurement;MinimalActivitiy Onsite A1030 Subcontractor ProcurementActivities 14-Feb-24 134).,. 21 ►I r � Receive MP I Sgbcontiadpr ProcurementActivities for PrdcurementActivities; A1130 Receive NTP 1 for ProcurementAdMties 14-Feb-24* 15 Mar-24 ' A1040 Root Pruning of Trees to be Relocated 23-Feb-24 11-Apr-24 Rogt Pruning pf Trees to be Relocated A1090 Activities Receive NTP 2 for ConstiuctionActivities of Entire Project 16-Apr-24 I Receive NTP 2 for Cohstiuction Activities cif Entire Project I NYP 2-ConstiuctionActivities A1260 Construction of Entire Park 15 Mar-24 1 C Ap, 21 13-Jan-25 I r Construction of Entire park "1 Pa15aITCO: Fieldsarid Courts yl 10 A1280 Partial TCO- Fields and Courts 13-Jan-25 11 A1100 Construct Pool Only 14-Jan-25 14-Apr-25 rII Construct Pdol Only I"'1 Partial TCO - Pool Complex "♦ Tofal ProjectSubstantiel Completion 12 A1290 Partial TCO-Pool Complex 14-Apr-25 13 14 15 16 A1310 'oee• ... :,.. A1270 Total ProjectSubstantial Completion Project CloseoutActivities •.,.." 15-Apr-25 14-Apr-25 r - •. 16-Jun-25 [�� ProjectCompletion I J Project CloseoutActivi:es : 4 Project Final Completibn A1300 I Project Final Completion II16-Jun-25 Page 1 of 1 Pirtle Construction Company Near Critical = Remaining Work • • Milestone Actual Work Critical Remaining Work •/ Summary DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 PIRTCON-02 GLOPEZ ACC) RO 44.---, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/28/2023 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 Acrisure, LLC d/b/a InSource 9500 South Dadeland Boulevard 4th Floor Miami, FL 33156-2867 CONTACT NAME: PHONE 305 670-6111 FAX 305 670-9699 (A/C, No, Ext): ( ) (A/c, No):( ) aDOREss: email@insource-inc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Insurance Company 35289 INSURED James B. Pirtle Construction Company Inc. dba Pirtle Construction Company 500 W Cypress Creek Rd Suite 100 Fort Lauderdale, FL 33309 INSURERB: National Fire & Marine 20079 INSURERC:Valley Forge Insurance Co. 20508 INSURER D : Columbia Casualty Company 31127 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 5091001123 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENTAGGREGATE POLICY OTHER: X LIMIT APPLIES PE0 PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUOTOS ONLY 5091001106 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7018140576 1/1/2024 1/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION 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 5091001137 1/1/2024 1/1/2025 X MUTE STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D Professional Liab $15,000 SIR CPB2088345903 CPB2088345903 4/1/2023 4/1/2023 4/1/2024 4/1/2024 Each Claim Aggregate 2,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is included as additional insured with respects to General Liability, when required by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Miami 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 PIRTCON-02 GLOPEZ ACC) RO 44.---, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/28/2023 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 Acrisure, LLC d/b/a InSource 9500 South Dadeland Boulevard 4th Floor Miami, FL 33156-2867 CONTACT NAME: PHONE 305 670-6111 FAX 305 670-9699 (A/C, No, Ext): ( ) (A/c, No):( ) aDOREss: email@insource-inc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Insurance Company 35289 INSURED James B. Pirtle Construction Company Inc. dba Pirtle Construction Company 500 W Cypress Creek Rd Suite 100 Fort Lauderdale, FL 33309 INSURERB: National Fire & Marine 20079 INSURERC:Valley Forge Insurance Co. 20508 INSURER D: INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 5091001123 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PE0 PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY 5091001106 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per PROPERTY $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7018140576 1/1/2024 1/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ C 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 5091001137 1/1/2024 1/1/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project RFP#21-22-001-R Construction Manager at Risk (CMAR) Services for West End Park-D4 CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Avenue, 6th 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 PIRTCON-02 GLOPEZ ,d►coRO CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DD/YYYY) 12/28/2023 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 Acrisure, LLC d/b/a InSource 9500 South Dadeland Boulevard 4th Floor Miami, FL 33156-2867 CONTACT NAME: PHONE 305 670-6111 FAX 305 670-9699 (A/C, No, Ext): ( ) (A/C, No): ( ) a DD RIESS: email@insource-inc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Insurance Company 35289 INSURED James B. Pirtle Construction Company Inc. dba Pirtle Construction Company 500 W Cypress Creek Rd Suite 100 Fort Lauderdale, FL 33309 INSURERB: National Fire & Marine 20079 INSURERC:Valley Forge Insurance Co. 20508 INSURER D : Columbia Casualty Company 31127 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 5091001123 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 $ MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES jECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUOTOS ONLY X 5091001106 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ( PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE 7018140576 1/1/2024 1/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ C 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 5091001137 1/1/2024 1/1/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liab CPB2088345903 4/1/2023 4/1/2024 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: West End Park — Agreement Number 21-22-001-R City of Miami is included as Additional Insured with respects to General Liability and Auto Liability, on a primary and non-contributory basis, when required by written contract. Waiver of Subrogation in favor of City of Miami with respects to General Liability, when required by written contract. Umbrella follows form. 30 day Notice of Cancellation/10 days non-payment of premium in favor of certificate holder on the General liability and Auto liability policies. Retroactive Date of 02/27/2011 applies to Professional Liability Insurance. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Avenue, 6th 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 insurance • Surety • Benefit March 1st, 2024 City of Miami RE: James B. Pirtle Construction Co., Inc. dba Pirtle Construction Company RFP No. 21-22-001-R, Construction at Risk Services for West End Park To Whom It May Concern: The above referenced company is a highly -regarded and valued client of Travelers Casualty and Surety Company of America, rated by Best's KR Guide as A++ (Superior) with a financial rating of Class XV. Travelers Casualty and Surety Company of America has established surety support covering single projects up to $200,000,000 and an aggregate bond limit of $500,000,000. However, these amounts are not to be construed as our maximum levels of support; rather they are guidelines for the daily servicing of the above referenced company's surety needs. Customary with industry practice, the issuance of any bond is a matter of discretion and subject to satisfactory underwriting conditions at the time of request. These conditions include but are not limited to the financial condition of our client, a review of the contract, bond terms and conditions, and evidence of project financing. We assume no liability to third parties or to you if for any reason we do not execute said bonds. If we can provide any further assurances or assistance, please do not hesitate to call upon us. Sincerely, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA William L. Parker Attorney in Fact Reply To: P.O. Box 561567 • Miami, FL 33256-1567 9500 S. Dadeland Boulevard • Fourth Floor • Miami, FL 33156-2867 Tel: 305.670.6111 • 800.273.4433 • Fax: 305.670.9699 email@insource-inc.com — www.insource-inc.com . A C R I S U R E Agency Partner DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 TRAVELERS J 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 William L. Parker of MIAMI Florida , their true and lawful Attorney -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 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Sefig r Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations 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, 2021 Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, 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 1 day of March r 6,> a w A.RTFORD, COMB , 2024 KevinHugh s, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -fact and the details of the bond to which the power is attached. DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: James B. Pirtle Construction Company, Inc. Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. View All Attachments Delete Last Delete All CATEGORY RESPONSE City Vendor Registration Affirmation YES iSupplier Number: 5037 State of Florida Corporation (Sunbiz) YES D&B Pacer N/A Bid/Proposal Bond Select N/A Upload Clear Upload Mr Clear Upload mr Clear Upload Clear Sunbiz.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS System of Award Managment (SAM) NO Convicted Vendor List NO Debarred Contractors NO Suspended Contractors NO Suspended Vendors -State: NO Scrutinized Companies List: NO Google Search: N/A Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear ATTACHMENTS SAM.pdf Convicted Vendor List _ Vendor Registra...pdf debarment.pdf VVFServlet.pdf Suspended Vendor List _Vendor Registra...pdf 2019_01 _29_VVeb_Update_PF IA_Proh ibited_List.pdf james b.pdf DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 DIVISION OF ( '1 illyitmli 0rg DPI iu ii 1 Of 1 f t an ofriuf .3iatr of Florida website Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. Filing Information Document Number 328833 FEI/EIN Number 59-1211364 Date Filed 04/15/1968 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/02/2016 Event Effective Date NONE Principal Address 500 W CYPRESS CREEK ROAD suite 100 FORT LAUDERDALE, FL 33309-6127 Changed: 05/24/2022 Mailing Address 500 W CYPRESS CREEK ROAD suite 100 FORT LAUDERDALE, FL 33309-6127 Changed: 05/24/2022 Registered Agent Name & Address Geary, Michael 500 W Cypress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Name Changed: 01/10/2017 Address Changed: 01/14/2020 Officer/Director Detail Name & Address Title Pres. DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 GEARY, MICHAEL S 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title Treas/Sec Lipman, Darrell J 500 W Crpress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title Senior Vice President KATZ, JACOB 500 W Cypress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title VP Rodriguez, Richard 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title VP Armstrong, James 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Annual Reports Report Year Filed Date 2021 01 /11 /2021 2022 01/05/2022 2023 01/03/2023 Document Imam 01/03/2023 --ANNUAL REPORT 01/05/2022 --ANNUAL REPORT 01 /11 /2021 --ANNUAL REPORT 01/14/2020 --ANNUAL REPORT 01/26/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT 01/10/2017 --ANNUAL REPORT 05/02/2016 --Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format DocuSign Envelope ID: 162031 C5-17B2-4CD4-870E-COB9BOB91098 03/02/2016 --ANNUAL REPORT 01/16/2015 --ANNUAL REPORT 03/26/2014 --AMENDED ANNUAL REPORT 01/06/2014 --ANNUAL REPORT 06/06/2013 --AMENDED ANNUAL REPORT 01/16/2013 --ANNUAL REPORT 12/12/2012 --ANNUAL REPORT 01/03/2012 --ANNUAL REPORT 02/02/2011 --ANNUAL REPORT 01/12/2010 --ANNUAL REPORT 01/09/2009 --ANNUAL REPORT 04/30/2008 --ANNUAL REPORT 04/23/2007 --ANNUAL REPORT 08/04/2006 --ANNUAL REPORT 01/07/2005 --ANNUAL REPORT 01/31/2004 --ANNUAL REPORT 05/02/2003 --ANNUAL REPORT 01/22/2002 --ANNUAL REPORT 01/29/2001 --ANNUAL REPORT 01/20/2000 --ANNUAL REPORT 01/06/1999 --ANNUAL REPORT 01/28/1998 --ANNUAL REPORT 01/29/1997 --ANNUAL REPORT 01/24/1996 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 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 Florida Department of State, Division of Corporations Olivera, Rosemary From: Caseres, Luis Sent: Monday, March 11, 2024 5:35 PM To: Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cc: Cambridge, Susan; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise; Mickens, Tania Subject: Document Distribution - RFP 21-22-001-R - GMP Agreement for Construction Manager at Risk ("CMAR") for West End Park — D4 Attachments: RFP_21-22-001-R_CMAR_GMP_Agreement-Executed 03-11-2024.pdf Good afternoon All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Tania You may now close this Matter ID 21- 2996 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Management Agreement First Party: City of Miami Second Party: Pirtle Construction Company, Inc. Program/Purpose: GMP Agreement for Construction Manager at Risk ("CMAR") for West End Park — D4 Effective Date: 03/11/2024 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