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Home My WebLink AboutReso 2016-2515 RESOLUTION NO. 2016- 2.51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RIC-MAN INTERNATIONAL, INC. FOR THE DESIGN AND CONSTRUCTION OF A PEDESTRIAN BRIDGE AT GATEWAY PARK, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-SEVEN THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS AND FIFTY-SIX CENTS ($277,665.56), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 31, 2014 via Resolution No. 2014-2277 the City Commission awarded Bid No. 13-08-01 to Ric-Man International, Inc., in an amount not to exceed Two Million One Hundred Thousand Dollars ($2,100,000.00), and authorized the City Manager and the City Attorney to negotiate an agreement with Ric-Man International, Inc. for the Design and Construction of a Pedestrian Bridge at Gateway Park; and WHEREAS, the City is now in need of an upgrade to the originally specified decorative lighting system, and a redesign of the Pedestrian Bridge at Gateway Park; and WHEREAS, the upgrade to the originally specified decorative lighting system, and a redesign of the Pedestrian Bridge at Gateway Park as set forth in the Contractor's proposal in an amount not to exceed Two Hundred Seventy-Seven Thousand Six Hundred Sixty-Five Dollars and Fifty-Six Cents ($277,665.56), bringing the total contract amount not to exceed to Two Million Three Hundred Seventy-Seven Thousand Six Hundred Sixty-Five Dollars and Fifty-Six Cents ($2,377,665.56); and WHEREAS, the original Agreement is amended to extend the Final Completion date by 371 calendar days, revising the Final Completion date from January 9, 2016 to no later than January 13, 2017; and WHEREAS, Ric-Man International, Inc. is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; and WHEREAS, the City Commission wishes to approve the First Amendment to the Agreement with Ric-Man International, Inc., extending the Agreement to January 13, 2017 for the upgrade of the decorative lighting system, and redesign of the Pedestrian Bridge at Gateway Park, in an amount not to exceed Two Hundred Seventy-Seven Thousand Six Hundred Sixty- Five Dollars and Fifty-Six Cents ($277,665.56), attached hereto as Exhibit "A". R2016-Ric-Man 1st Amd Gateway Park Pedestrian BridgeRic-Man RFP 13-08-01 Gateway Park Pedestrian Bridge Page 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to Agreement. The City Commission hereby approves the First Amendment to the Agreement with Ric-Man International, Inc., extending the Agreement to January 13, 2017 for the upgrade of the decorative lighting system, and redesign of the Pedestrian Bridge at Gateway Park, in an amount not to exceed Two Hundred Seventy-Seven Thousand Six Hundred Sixty-Five Dollars and Fifty-Six Cents ($277,665.56), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First Amendment to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall take effect '- =diately upon adoption. PASSED and ADOPTED this 2151 day of January 016. 1�, 1 Nt L, George " . Scholl, Mayor t ATTEST: - t � ,Jane;A. Hines, MM . C , City Clerk - ` `:. } APPROVE p - TTO-FORM AND LE "•• i S UriC. IENCY: A VA 01 1 /A Wild i H. :4F-4 :Tot,C l Attorney _ Moved by: b Ccxct_�aY� Seconded by: �1L.-e A srv- GA-TTQ Vote: 5D Mayor Scholl ✓ (Yes) (No) Vice Mayor Gatto (/ (Yes) (No) Commissioner Aelion 1/ (Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Levin ✓ (Yes) (No) R2016-Ric-Man 1st Amd Gateway Park Pedestrian BridgeRic-Man RFP 13-08-01 Gateway Park Pedestrian Bridge Page 2 of 2 Oiiiit‘ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND RIC-MAN INTERNATIONAL,INC. `ro.suN'NC CONTRACT NO. C1516-044 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and RIC-MAN INTERNATIONAL, INC., ("Contractor") executed this VIE day of January, 2016, is made a part of the original Agreement between the parties dated December 19, 2014, ("the Agreement"), between the City and Contractor attached hereto as Attachment "B" whose Federal Identification # is ,6"-q—0230(2_3 6/8. The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES. Section 3.1 of the original Agreement is hereby amended to include the upgrade to the originally specified decorative lighting system, and a redesign of the Pedestrian Bridge at Gateway Park, ("Additional Services"), as set forth in Contractor's proposal, a copy of which is attached hereto and incorporated herein as Attachment"A". 2. ADDITIONAL COMPENSATION. The payment to Contractor, as set forth in Section 5.1 of the original Agreement, is hereby amended to include additional compensation for the Additional Services, in an amount not to exceed Two Hundred Seventy-Seven Thousand Six Hundred Sixty-Five Dollars and Fifty-Six Cents($277,665.56),bringing the total contract amount not to exceed Two Million Three Hundred Seventy-Seven Thousand Six Hundred Sixty-Five Dollars and Fifty-Six Cents ($2,377,665.56) 3. REVISED COMPLETION DATE. Section 4.1 of the original Agreement between the parties is hereby amended to extend the Final Completion date by 371 calendar days, revising the Final Completion date from January 9, 2016 to no later than January 13, 2017 ("Revised Final Completion Date"), as set forth in Contractor's proposal, attached hereto as Attachment"A". 4. LIQUIDATED DAMAGES. Section 12.3 of the original Agreement between the parties is hereby amended to reflect that liquidated damages shall apply if the Work is not substantially complete by December 14,2016,or if Contractor does not obtain Final Completion by the Revised Final Completion Date of January 13, 2017. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms and conditions in this First Amendment supersede any conflicting provisions that are contained in any other document. If there is a conflict or inconsistency between any term, statement, requirement, or provision of this First Amendment and any term, statement, requirement or provision contained in any other document, including but not limited to Attachment "A" and "B", the term, statement requirement, or provision contained in this First Amendment shall prevail and be given superior effect and priority. A • IN WITNESS WHEREOF,the parties hereto have executed this document on the date mentioned above. WITNESS: RIC-MAN IN ` ' _ • d NAL, INC. 1k/ix i BY: �i/' � Si. -' -n Est' o,s''-:"sent • lnl Pr nt ATTEST: CITY OF S I LES BEACH • B • ` ' G'__ BY Jane A. es, MMC, City Clerk George Scholl, Mayor APPROVED AS TO FORM AND LEGAL SU ' 'C E CY 477fAl d i • - BY: s Ottinot, ity Attorney ,090 tit(' UtA4lbe W&telk QV? "Nitt RECEIVED FEB - 3 •2'U1b City of Sunny Isles Beach Public Works Department Gateway Pedestrian Bridge -_ City of Sunny Isles Beach DESIGN AND CONSTRUCTION BUDGET $1,929,558.21 CONTINENCY BALANCE(AS OF JAN 2016) $ 170,441.79 GUARANTEED MAXIMUM PRICE(GMP) I $2,100,000.00 COMPONENT I COST INCREASE EXPLANATION .Construction-Concrete Building Shell Structure Original Quote: 6/13/2014 $ 140,000.00 Quote 1 Tom Krips Constr Current Quote: 11/16/2015 $ 370,576.52 Original quotes,reflect deep discounts • Difference:_$ (230,576.52) $ • 230,576.52 from both sub-contractors which was typical due to a slump in the market at Masonry Solutions Original Quote: 6/9/2014 $ 151,480.00 the time;subs were in need work.They Quote 2 Midwest 1tC Current Quote: 11/14/2015 $ 395,000.00 are now busy,and costs have increased Difference:-$ (243,520.00) Construction-Electrical Original Quote: $ 160,000.00 Market escalation for materials and S Flo Electical Current Quote: $ 173,080.00 services during time delay.Need to . . Difference: $ (13,080.00) $ 13,080.00 apply 2016 rates Construction-Main tenance of Traffic MOT) Original Quote: $ 81,580.08 Time delay,no activity,no start in the Bobs Current Quote: $ 119,930.00 next few months.Need to apply 2016 • Difference: $ (38,349.92) $ 38,349.92 rates Construction-Bridge Original Quote: $ 280,000.00 Time delay,no activity,no start in the Anzac Current Quote: $ 307,440.00 next few months.Need to apply 2016 Difference: $ (27,440.00)_$ 27,440.00 rates • Construction-Lighting Original Quote: $ 184,000.00 Current Quote: $ 201,250.00 Product changed from original ' Difference: $ (17,250.00) $ 17,250.00 specification at the City's request CONSTRUCTION SUBTOTAL $ 326,696.44 15%MARK-UP $ 49,004.47 _ . CONSTRUCTION_TOTAL':-I:$ - "':375;700,91^ - I'• Design Fees • Design changes to ressolve foundation - Re-Design $ 40,000.00 conflict between Gateway Parking • garage pile cap and the proposed pedestrian bridge footer FDOT Delays Re-designs: $ Extensive unprecedented delays in 32,406.45 permitting . -'DESIGN TOTAL:1;$,' 72;406."451: ;, , TOTAL COST INCREASE $ 448,107.35 AVAILABLE CONTINGENCY BALANCE $ 170,441.79 ' tHANGEORDER1!NET INCREASE: $ _,377,665:56' Note:Other subs and supliers are manuvering to raise prices due to this delay.Further delays will increase other costs. CI' 'S ATTACHMENT "A" `` ;. TOM KRIPS CONSTRUCTION Estimate/Proposal 3120 S. ANDREWS AVENUE DATE ESTIMATE# FT LAUDERDALE, FLORIDA 6/13/2014 S4086 33316 OFFICE 954.522-2086/ 2088 NAME/ADDRESS PEDESTRAIN PARK ACCESS TOWERS (BUDGET)SU RIC-MAN INT,L INC. ATT: VICTOR MENOCAL VictorM @Ric-Man.US PROJECT DESCRIPTION QTY COST TOTAL THIS ESTIMATE DOES NOT INCLUDE THE 0.00 0.00 FOLLOWING PERMITS TO BE DONE T&M SURVEY BUILDING PAD BACKFILL FILL DEWATERING COMPACTION SOIL OR CONCRETE TEST DUMPSTER DEMO TOM KRIPS CONS'T INC. WILL SUPPLY ALL 0.00 0.00 LABOR AND MATERIAL TO COMPLETE THE FOLLOWING SCOPE ONLY: THIS IS A BUDGET ONLY. PILES FOUNDATION AND ELAVATOR PIT 1ST AND 2ND LIFT CONCRETE AND MASONRY 1ST AND 2ND LIFT STAIRS ROOF STRUCTURE TOTAL SIGNATURE OF ACCEP... Page 1 L TOM KRIPS CONSTRUCTION Estimate/Proposal 3120 S. ANDREWS AVENUE DATE ESTIMATE# FT LAUDERDALE, FLORIDA 6/13/2014 S4086 33316 OFFICE 954-522-2086/ 2088 NAME/ADDRESS PEDESTRAIN PARK ACCESS TOWERS (BUDGET)SU RIC-MAN INT,L INC. ATT: VICTOR MENOCAL VictorM @Ric-Man.us PROJECT DESCRIPTION QTY COST TOTAL LABOR AND MATERIAL(BUDGET) 140,000.00 140,000.00 TOTAL $140,000.00 SIGNATURE OF ACCEP... Page 2 I • TOM KRIPS CONSTRUCTION Estimate/Proposal • 3120 S. ANDREWS AVENUE DATE ESTIMATE# FT LAUDERDALE, FLORIDA 11/16/2015 S4071 33316 OFFICE 954-522-2086/ 2088 NAME/ADDRESS PEDESTRAIN PARK ACCESS TOWERS SUNNY ISLES RIC-MAN INT,L INC. ATT: VICTOR MENOCAL VictorM @Ric-Man.us PROJECT DESCRIPTION QTY COST TOTAL THIS ESTIMATE DOES NOT INCLUDE THE 0.00 0.00 FOLLOWING PERMITS TO BE DONE T& M SURVEY BUILDING PAD BACKFILL FILL DEWATERING COMPACTION SOIL OR CONCRETE TEST DUMPSTER DEMO TOM KRIPS CONS'T INC. WILL SUPPLY ALL 0.00 0.00 LABOR AND MATERIAL TO COMPLETE THE FOLLOWING SCOPE ONLY: THIS IS A BUDGET ONLY ON THE CONCRETE SHELL. SUPERVISION 240 65.00 15,600.00 14"AUGER CAST PILES 28 1,200.00 33,600.00 CONCRETE PILE CAPS 10'-0"X 11'-7"X 36" 64 45.00 2,880.00 CONCRETE PILE CAPS 4'-2"X 11'-8"X 36" 40 45.00 1,800.00 CONCRETE PILE CAPS 4'-0"X 3'-0"X 36" 32 45.00 1,440.00 TOTAL SIGNATURE OF ACCEP... Page 1 TOM KRIPS CONSTRUCTION Estimate/Proposal 3120 S. ANDREWS AVENUE DATE ESTIMATE# FT LAUDERDALE, FLORIDA 11/16/2015 S4071 33316 • OFFICE 954-522-2086/ 2088 NAME/ADDRESS PEDESTRAIN PARK ACCESS TOWERS SUNNY ISLES RIC-MAN INT,L INC. ATT: VICTOR MENOCAL VictorM@Ric-Man.us PROJECT DESCRIPTION DIY COST TOTAL 14"POURED CONCRETE SHEAR WALL 185 22.00 4,070.00 (ELAVATOR) 14" POURED CONCRETE SHEAR WALL 60 26.00 1,560.00 (BRIDGE BEARING) 14 x14 CONCRETE COLUMN 28 45.00 1,260.00 BASE SLAB 8" 64 45.00 2,880.00 12 x16 CONCRETE COLUMN (1ST LIFT) 128 45.00 5,760.00 14" POURED CONCRETE SHEAR WALL 722 22.00 15,884.00 3.5 X 3.5 STEEL COLUMNS 2 550.00 1,100.00 BLOCK FILLED CELLS 8 45.00 360.00 12 x 16 CONCRETE TIE BEAM 86 64.00 5,504.00 ' POURED DECK 6" (2ND FLOOR) 64 45.00 2,880.00 STAIR(CONCRETE FORMED) 1ST TO 2ND 1 3,850.00 3,850.00 STAIR (CONCRETE FORMED) 2ND TO 3RD 1 3,850.00 3,850.00 BLOCK FILLED CELLS(BRIDGE LEVEL) 8 45.00 360.00 14 x14 CONCRETE COLUMN 128 45.00 5,760.00 12 x 16 CONCRETE TIE BEAM 79 72.00 5,688.00 POURED DECK 6" 40 45.00 1,800.00 POURED DOME ROOF 144 45.00 6,480.00 BLOCK FILLED CELLS (ELEVATOR TOWER) 8 45.00 360.00 8 X 16 CONCRETE COLUMN 32 45.00 1,440.00 8 X 16 CONCRETE TIEBEAM 40 45.00 1,800.00 POURED DOME ROOF 72 45.00 3,240.00 LABOR 131,206.00 MATERIAL TERMITE SPRAY 175.00 175,00 TOTAL SIGNATURE OF ACCEP... Page 2 ',:','1 -I TOM KRIPS CONSTRUCTION Estimate/Proposal 3120 S. ANDREWS AVENUE DATE ESTIMATE# FT LAUDERDALE, FLORIDA 11/16/2015 S4071 33316 OFFICE 954-522-2086/ 2088 NAME/ADDRESS PEDESTRAIN PARK ACCESS TOWERS SUNNY ISLES • RIC-MAN INT,L INC. ATT: VICTOR MENOCAL VictorM @Ric-Man.us PROJECT DESCRIPTION QTY COST TOTAL 6 MIL. POLY 1 85.00 85.00 #3 STIRRUPS 755 2.50 1,887.50 #4 REBAR 970 0.35 339.50 #5 REBAR 5,939 0.54 3,207.06 #6 REBAR 3,394 0.77 2,613.38 • #7 REBAR 3,038 1.05 3,189.90 #8 REBAR 3,245 1.36 4,413.20 #9 REBAR 702 1.74 1,221.48 5000# PUMPMIX CONCRETE 148 126.00 18,648.00 BLOCK WORK LABOR AND MATERIAL 8" 149 4.50 670.50 BLOCK WORK LABOR AND MATERIAL 12" 936 5.75 5,382.00 CONCRETE FORM MATERIAL 2,800.00 2,800.00 HARDWARE (MATERIAL) 1,650.00 1,650.00 EQUIPMENT BOBCAT/MINI-X 16 85.00 1,360.00 2"/3"CONCRETE PUMP 40 85.00 3,400.00 ' 40 TON CRANE 16 115.00 1,840.00 PICK-UP AND DELIVER MATERIALS TO 24 50.00 1,200.00 JOBSITE MATERIAL 54,082.52 SECOND TOWER 185,288.00 185,288.00 TOTAL $370,576.52 SIGNATURE OF ACCEP... Page 3 MASONRY SOLUTIONS MIDWEST.LLC 20480 Palm Meadow Dr. Clinton Twp. M1 48036 Tel 1.5861 404-2001 •Fax 15861 799-3948 Masonry quote 6/9/2014 Quote: 6712 Job: Gateway Pedestrian Bridge (2 — structures) Arch: Stantec Price: Includes all material, labor, and equipment to complete Block, Rerod, precast and Grout for masonry walls. Also includes setting of related items such as stairs, concrete support wall, door frames, steel plates and misc. steel supplied by others. Clean up all masonry debris and place in dumpsters daily. Per plans, and Specs Total Price $ 151,480.00 • * Dumpsters supplied by others. * Building and water permit by others. * No foam insulation for masonry walls Signature and Date Signature and Date CONTACT: Chris Makar 586-404-2001 Masonrysolutions54 @yahoo.com r MASONRY SOLUTIONS MIDWEST,LLC 20480 Palm Meadow Dr. Clinton Twp. Ml 48036 Tel/5861404-2001 •Fax 15861799-3948 Masonry quote 11/14/2015 Quote: 6908 Job: Gateway Pedestrian Bridge (2 — structures) Arch: Stantec Price: Design Build (Revised Drawings) Includes all material, labor, and equipment to complete Block, Rerod, precast and Grout for masonry walls. Also includes setting of related items such as stairs, concrete support wall, door frames, steel plates and misc. steel supplied by others. Clean up all masonry debris and place in dumpsters daily. Per plans, and Specs Total Price $ 395,000.00 * Dumpsters supplied by others. * Building and water permit by others. * No foam insulation for masonry walls Signature and Date Signature and Date CONTACT: Chris Makar 586-404-2001 Masonrysolutions54 @yahoo.com Sou* 61eavical Consutnv7 Victor Menocal From: Hector Rodriguez <Hectoi @sfla-elec.com> Sent: Friday,June 27,2014 2:55 PM To: Victor Menocal -All switch gear nema 4x -2 service points.Either stand alone or building mounted FPL electrical service wire,conduit&trench Lighting Linear Phillips Led lights with controls 4-each side landing led fixtures • 2-led flood fixtures 20-flush mounted led bridge fixtures Additional PVC for future use under bridge • Sign-$15,000 allowance CCTV provided by other Bid price$160,000.00 • Hector Rodriguez Vice President SFEC,Inc. 786.299.2337 direct 305.269.1630 fax • 1 cJ 4 SOUTH FLORIDA ELECTRICAL CONSULTING, INC.',,, December 10th,2015 Ric-Man International,Inc . 2601 Wiles Road Pompano Beach,Fl 33073 Re:Gateway Pedestrian Access Bridge Victor G Menoscal, As has been discussed,our cost for material&the services for installation of the electrical portion of this job will increase at the start of 2016 by 8%for an increase of$13,080.00. Note that we have held prices for 1.5 years and with the increases in the construction industry,we will have to raise a price to a still below market cost. If yo - :ny question please feel free to contact us anytime. 1,. k , r,c'R..riguezJr. ■ 't - Presi,ent 4234 SW 75th Avenue•Miami,Florida 33155 Office:(305)274.5775 o Fax:(305)269-1630 vrrw,sfla-elec.com edet1 B ! ° Imo, I CA DES,INC. 921 SHOTGUN ROAD SUNRISE, FLORIDA 33326 Phone 800-432-5031 6.23.14 Sunny Isles Pedestrian Bridge DOT# DESCRIPTION U/M Price /� 999-1 Labor Si material for full Road Closure(1 day rental included) ea $4,332.52 l/ on SR 826 (ped bridge location) (Full closure @ Ped Bridge:detour NB&SB)Setup/breakdown once 999-2 Labor Si material for WB RLC Single Lane(1 day rental included) ea $775.00 999-3 Labor&material for WB LLC Single Lane(1 day rental included) ea $1,250.00 Rental rates: if necessary workzone signs(per Fdot specs ground mounts, portables) ed $0.45 drums/barricades/cones(missing cone fee$20 ea) ed $0.25 Type III (per Fdot specs) ed $1.00 arrowboard (per Fdot specs) ed $15.00 VMS(per Fdot specs) ed $30.00 MOT crew on site(2 persons) hr $130.00 Additional Charges MOT plan(simple overview)(certified not sealed)(per sheet) ea $150.00 job minimum ea $250.00 • Prices are firm for(30)days. By agreeing to this quote,it becomes a part of any resulting contract. Bob's Barricades will not be responsible for failure to provide equipment in quantities which exceed those specifically detailed in the plans. these increased quantities require change orders. This quotation in no way authorizes the use of any Bob's Barricades personnel and/or their certification as worksite traffic safety supervisor. 72 hour notice is required prior to delivery of MOT devices. Signs are standard legend and size only. Workzone signs are ground mounted only This project may require bridge/barrier wall/elevated roadway mounted sign supports. These workzone signs supports are not included in unit price and will incur additional charges. These types of installations above active roadways are prohibitive, Covering or uncovering of signs are not included in above price. Unit prices above do not include labor for lane closures,special detours and traffic switches unless spe Unscheduled, late,last minute deliveries,pickups,may incur an additional cost. Deliveries need to be coordinated as early as possible to avoid delivery charges. LCD(pedestrian longitudinal channeling device)is not included in the 102-74-1 item. Lump sum payment schedule to be mutually agreed on prior to the execution of contract. Prompt payment within 30 days is expected. Pay-when-paid stipulations will not exceed 60 days from invoice due date. quoted by John Baldwin jbaldwin @bobsbarricades.com; � r� Fah_121 ii111 fS�I!J�E.);.+c. 1z1 SNOTOON ROAD SUNRISE.MOS I n,r,as Phone 800.432.5031 12.5.15 Sunny Isles Pedestrian Bridge DOT u DESCRIPTION U/M Qty Price _ Mobitration(postmount groundmounted workzone signs) Is 5750.00 999.1 Labor&material for full Road Closure 11 day rental included) ea $6,520.00 en SR 826(ped bridge location) (Full closure @ Ped Bridge;detour NB&SB)Setup/breakdown once 999.2 labor&material far WB RIC Single Lane(I day rental included) ea $1,250.00 9993 Labor&material for WB LLC Single Lane Il day rental Included) ea $1,700.00 Rental rates:If necessary workrone signs(per Fdot specs ground mounts,portables) ed $0.45 drums/barricades/cones(missing cone fee 520 ea) ed $0.25 Type I II(per Fdot specs) ed $1.00 arrowboard(per Fdot specs) ed $15.00 'B'Tights(per Fine specs) ed $0.45 'C'Bghts(per f dot specs) ed $0.12 attenuator(per Fdot specs 102-89-7 cost plus 20%) lo 5800.00 VMS(per Fdot specs) ed $30.00 MOT crew on site(2 persons) hr $180.00 Additional Charges MOT plan(simple nverview)(certited not sealed)(per sheet) ea $250.00 job minimum ea 5500.00 Prices are firm for(30)days. By agreeing to this quote,It becomes a part of any resulting contract. Bob's Barricades will not be responsible for failure to provide equipment in quantities which exceed those specifically detailed in the plans. these increased quantities require change orders. This quotation in no way authorizes the use of any Bob's Barricades personnel and/or their certification as work site traffic safety supervisor. 72 hour notice Is required prior to delivery of MOT devices. 30 day notice needed for extra temporary attenuator unit installation in addition to maximum units a Contractor is responsible for attenuator foundation,base,and or pad. Damage to temporary attenuator wet be billed cost of parts plus 20%. 102-8947 is always treated/quoted as 102-89-7 with prime cone actor responsible for repair cost. Temporary attenuator repair Is to be paid In the next estimate period by the prime contractor. Signs are standard legend and she only.Worktone signs are ground mounted only This project may require bridge/barrier wall/elevated roadway mounted sign supports. These workzone signs supports are not included in unit price and will incur additional charges. These types of Installations above active roadways are prohibitive. Covering or uncovering of signs are not included in above price. Unit prices above do not include labor for lane closures,special detours and traffic switches unless ss Unscheduled,late,last minute deliveries,pickups,may incur an additional cost. Deliveries need to be coordinated as early as possible to avoid delivery charges. LCD(pedestrian longitudinal channeling device)Is not included in the 102-744 item. Lump sum payment schedule to be mutually agreed on prior to the execution of contract. Prompt payment within 30 days is expected. Pay-when-paid stipulations will not exceed 60 days from invoice due date. quoted by John Baldwin jbaldwin@bobsbarricades.com; BOB'S BARRICADES DELTAS MOB $ 750.00 LS ROAD CLOSURE 4 $ 4,332.52 EA $ 17,330.08 $ 6,520.00 EA $ 26,080.00 $ 8,749.92 SINGLE LANE RLC 30 $ 775.00 EA $ 23,250.00 S 1,250.00 EA $ 37,500.00 $ 14,250.00 SINGLE LANE LLC 30 $ 1,250.00 EA $ 37,500.00 $ 1,700.00 EA $ 51,000.00 $ 13,500.00 $ - wz $ 0.45 ED $ - $ 0.45 ED $ - No Incease DRUMS $ 0.25 ED $ - $ 0.25 ED $ - No Incease TYPE III $ 1.00 ED $ - $ 1.00 ED $ - No Incease AB $ 15.00 ED $ - $ 15.00 ED $ - No Incease VMS $ 30.00 ED $ - $ 30.00 ED $ - No Incease CREW 20 $ 130.00 HR $ 2,600.00 $ 180.00 HR $ 3,600.00 $ 1,000.00 $ - $ - PLAN 1 $ 150.00 EA $ 150.00 $ 250.00 EA $ 250.00 $ 100.00 MINIMUM 3 $ 250.00 EA $ 750.00 $ 500.00 EA $ 1,500.00 $ 750.00 TOTALS $81,580.08 $119,930.00 $ 38,349.92 Difference $38,349.92 $ (38,349.92) • I r-' 0 i ` Anzac Contractors, Inc. 7475 S.W. Fiftieth Terrace CO) 7475 Florida 33155 Tel:305.669.1986 Li) Fax:305.669.1180 September 19, 2013 Ric-Man International, Inc 220 715t Street, Suite 206 Miami Beach, Fl 33141 Attn: Victor G. Mental Re: Proposal for Sunny Isles Beach Gateway Park Pedestrian Bridge 3 2 RFQ No. 13-08-01 3.x� We are pleased to offer our quote as follows: ry Foundations, Assembly & Erection, Superstructure Bridge Deck, Prefabricated Stairs for the Conceptual Pedestrian Bridge. Lump Sum$280,000.00 Included: - Augercast Piles under the foundation at each end of the bridge (2 End Bents) - Cast-in-place concrete Substructure Foundations at grade over the Augercast Piles - Receive, assemble and erect Pedestrian Bridge - Bolting at splices per FOOT Specification using a Skidmore Wilhelm Calibrator - Receive, assemble and erect Prefabricated Stairs at each end of the bridge - Touch up painting of bridge and stairs after erection - Bridge deck expansion joints at each end of the bridge - All reinforcing steel and concrete for the above items Excluded: - Purchase of Pedestrian Bridge and Stairs - Construction of any concrete towers and/or elevator shafts on top of the proposed "at grade" Substructure Pile Caps - Elevators - Lighting and electrical work - Maintenance of traffic - All testing and inspections - Survey and As-Builts - Performance bond, if required, the cost of a performance bond will be 2% of the contract price. - Permits - Clearing and grubbing - Site access to both sides of the bridge with hard, dry, level surfaces suitable for staging trucks cranes, tractor-trailer rigs and during all phases of construction. - Erosion control items SRMIRMI 001 a Anzac Contractors, Inc. 7475 S.W. Fiftieth Terrace Miami,Florida 33155 Tel:305.669.1986 Fax:305.669.1180 December 10, 2015 Ric-Man International, Inc 220 71'4 Street, Suite 206 � % Miami Beach, Fl 33141 qiN Attn: Victor G. Menocal Re: Proposal for Sunny Isles Beach Gateway Park Pedestrian Bridge RFQ No. 13-08-01 ,= REVISION 1 —PRICE ON —PRICE • We are pleased to offer our quote as follows: Foundations, Assembly & Erection, Superstructure Bridge Deck, Prefabricated Stairs for the Conceptual Pedestrian Bridge. Lump Sum$307,440.00 Included: - Augercast Piles under the foundation at each end of the bridge (2 End Bents) - Cast-in-place concrete Substructure Foundations at grade over the Augercast Piles - Receive, assemble and erect Pedestrian Bridge - Bolting at splices per FDOT Specification using a Skidmore Wilhelm Calibrator - Receive, assemble and erect Prefabricated Stairs at each end of the bridge - Touch up painting of bridge and stairs after erection • - Bridge deck expansion joints at each end of the bridge - All reinforcing steel and concrete for the above items Excluded: - Purchase of Pedestrian Bridge and Stairs - Construction of any concrete towers and/or elevator shafts on top of the proposed at grade" Substructure Pile Caps - - Elevators - Lighting and electrical work - Maintenance of traffic - All testing and inspections - Survey and As-Builts - Performance bond. If required, the cost of a performance bond will be 2% of the contract price. - Permits - Clearing and grubbing - Site access to both sides of the bridge with hard, dry, level surfaces suitable for staging trucks cranes, tractor-trailer rigs and during all phases of construction. SRM'RMI 001-REV 1 Anzac Contractors, Inc. 7475 S.W. Fiftieth Terrace Miami,Florida 33155 Tel:305.669.1986 Fax:305.669.1180 - Erosion control items - Dewatering of footings if needed - Utility conflicts and relocations if necessary to be handled by others. - Shop drawings and/or PE sealed designs and drawings. Should you have any questions or comments please do not hesitate to contact me. Sincerely, Steven R. McNamara President • SRM\RM1001-REV 1 �\J apfr RIC-MAN INTERNATIONAL, INC. 44.611 GENERAL CONTRACTORS 2601 Wiles Road.Pompano Beach,Florida 33073 Phone:(954)426-1042.Fax:(954)426-0717 September 30,2015 Letter No.001 Elka Linton-Dorsett Capital Projects Manager City of Sunny Isles Beach Public Works 19160 Collins Avenue Sunny Isles Beach,Florida 33160 Ref: 14-BRDG Sunny Isle Beach Gateway Park Pedestrian Bridge Subject:Request for Time Extension Dear Ms.Linton-Dorsett, Since receiving the Notice to Proceed on January 14, 2015 RIc-Man international has encountered various delays due to additional regulatory/permitting requirements and changes to the original scope of work and design criteria for the Sunny Isle Beach Pedestrian Bridge. The prolonged permit process and the changes to the original design have resulted in a "cumulative negative affect" on the project schedule and timeline that have thrown the" Substantial Completion" and"Final Completion dates"off by more than seven(7)months. Item Description Date Date Delay Status No. Submitted Approved The City has been back and forth with FDOT since January 2015 for the Aerial Easement and MOA. 1 FDOT Aerial Easement/MOA 28-Jan-15 177 245 The Aerail Easement and MOA Agreement(City's Responsibility) has been accepted and signed by the District Secretary but currently FDOT is getting the Easement recorded. The City has been back and forth 2 FWHA Approval(City's 28-Jan-15 18-Aug- 202 with FWHA since January 2015 Responsibility) 15 for the Aerial Easement and MOA. City originally Intended to provide us with a staging area at the existing Parking Lot under 3 Staging Area 14-Jan-15 ??? 259 SR826 or at Bella Vista Bay Park. Recently, the City advised that we are unable to use these locations and they are in the I4-IROO•0I Time Extension Request gOir RIC-MAID INTERNATIONAL, INC. loth GENERAL CONTRACTORS 2601 Wiles Road•Pompano Beach, Florida 33073 Phone:(954)426-1042•Fax:(954)426-0717 process of procuring an FDOT agreement for one of their tots. Waiting on FOOT to provide • license agreement to City. 4 100%Design Plans'-FDOT 10-Jul-15 28-Jul-IS 18 Approval Bridge Visibility from Existing 25-Sep- 5 Sign Structure-FDOT Approval 4-May-15 15 144 6 Contech Pre-Fabricated Bridge 14-Aug-15 25-Sep- 42 Shop Drawing-FOOT Approval 15 7 Color Kinetics Lights Shop 26-Jun-15 25-Sep- 91 Drawing—FOOT Approval 15 At the September 25th Meeting, • Sunny Isles Sign Structure Shop FDOT indicated that they wanted 8 Drawing FDOTApproval 14-Sep-15 ??? 16 a signed and sealed copy for their review. RMi procuring a signed and sealed copy. At the September 25th Meeting, FOOT indicated that RMI shall submit thru their Operations 9 Maintenance of Traffic Review 13-Jul-15 ??? 79 Divisions in lieu of this Shop Drawing—FDOT Approval Department, even though they had requested the submittal. RMI submitted to FOOT on the same day. Item Closed. RMI assumed using the existing FPL vault located at the north side from bid time since there is no other location to get power. 10 FPL Easement for Power Drop 14-Jan-15 ??? 259 City in the process of procuring easement for the approximate 10-Ft outside of the previous easement that was completed with the apartment building. Ongoing. We were advised by City that MDC Building Miami-Dade County and Sunny Department permit would not be 11 Isles Beach Building Department 27-Jul-15 ??? 65 required. We were advised that only we would be required to submit to the City of Sunny Isles Beach Bldg Dept.as a pass thru. 14-BRIXP•01 Time Extension Request C.' r—. u g;71r IRIC-MAN INTERNATIONAL, INC. GENERAL CONTRACTORS 2601 Wiles Road Pompano Beach, Florida 33073 Phone:(954)426-1042 Fax:(954)426-0717 Looking at the above chart it is easy to see that most of the issues delaying the project are still not resolved or recently resolved having prevented the project from achieving "Substantial Completion"and moving forward. It is for this reason that Ric-Man International Is requesting an eight(8)month Time Extension be granted to the Sunny Isle Beach Pedestrian Bridge Project. Should you have any questions,feel free to contact me at 305-776-8181. 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DESIGN-BUILD AGREEMENT 0,Or{YN PEDESTRIAN BRIDGE THIS AGREEMENT (this "Agreement"), made and entered into the 11 day of Y* ,2014 by and between: CLIENT: CITY OF SUNNY ISLES BEACH,FLORIDA a municipal corporation, and its assigns 18070 Collins Avenue Sunny Isles Beach,FL 33160 (hereinafter to referred to as"CITY"),and AND DESIGN BUILDER: RIC-MAN INTERNATIONAL,INC. 220 71'Street, Suite 206 Miami Beach,FL 33141 (hereinafter referred to as"CONTRACTOR") PROJECT: Pedestrian Bridge (hereinafter referred to as the "PROJECT"and which shall be further defined in this Agreement) This Agreement may refer to the CLIENT or CONTRACTOR,individually, or as "Party" or as "Parties." WHEREAS, the CITY, has identified a certain parcel of real property located in the CITY which the CITY owns and upon which it intends to have constructed site improvements consisting of a Pedestrian Bridge and all incidentals thereto as further defined in this Agreement; WHEREAS, the CITY wishes to retain the CONTRACTOR to perform all design, construction and other services associated with and/or necessary to timely construct a code compliant Project within the Guaranteed Maximum Price (hereinafter referred to as "Design-Build" services which shall be further defined in this Agreement); WHEREAS,the CONTRACTOR agrees to complete the Design-Build services within the contract times and for a specified and fixed contract price as set forth in this Agreement as long as any additions and revisions do not materially deviate from the information contained in City of Sunny Isles Beach RFP No. 13-08-01 Gateway Park Pedestrian Access Improvements—Step 2 Technical Proposal;and ATTACHMENT "B" WHEREAS, CITY has determined that entering into this Agreement with CONTRACTOR to provide the Design-Build services for this Project is in the best interests of the health, safety, and welfare of the citizens and residents of Miami-Dade County and of the CITY of Sunny Isles Beach, Florida; and NOW,THEREFORE,IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the parties do mutually covenant and agree as follows: ARTICLE 1 -DEFINITIONS ARTICLE 1 -DEFINITIONS Wherever used in this Agreement or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Agreement-The written agreement between the CITY and CONTRACTOR covering the Work to be performed including other Contract Documents that are attached to the Agreement or made a part thereof. 1.2 Building Department -The Building Department of the CITY of Sunny Isles Beach, Florida, or its authorized employees. 1.3 Change Order - A document which is signed by the CONTRACTOR and CITY, through its duly designated and formally authorized agent, which authorizes the performance of the Extra Work. The CONTRACTOR shall not perform Extra Work of any kind,however characterized, for which it expects to claim additional compensation without written authorization from the CITY. If the CITY authorizes the CONTRACTOR to perform Extra Work, then prior to performing the Extra Work, the CITY and CONTRACTOR shall enter into a written Change Order specifying the services or work to be performed, the additional Contract Time that may be required and the compensation to be paid for this Extra Work. Any Extra Work performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally,knowingly and voluntarily waives any claim for unjust enrichment or • quantum merit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 1.4 CITY - The CITY Commission of the CITY of Sunny Isles Beach, Florida and its designated official authorized to provide approval or consent with respect to this Agreement. 1.5 City Manager- City Manager of the City of Sunny Isles Beach or his designee. 1.6 Contract Documents - The Contract Documents consist of the Design Criteria Package, Drawings,Plans and Specifications,Non-Collusive Affidavit,Public Entity Crimes Form, this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Payment and Performance Bonds and any additional documents which are required to be submitted under this Agreement, and all Written Amendments and Change Orders issued on or after the effective date of the Contract. 1.7 Defective - An adjective which when modifying the Work refers to Work that is defective under Applicable Building Codes and General Industry Standards, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard,test or approval referred to in the Contract Documents,or has been damaged prior to final payment. 1.8 Design-Build Work — Shall be defined to include Pedestrian Bridge , all design services associated with and/or necessary to timely construct the code compliant Project and construction services associated with and/or necessary to timely complete the Project within the Guaranteed Maximum Price, including, but not limited to, all site related work without limitation, furnishing all labor and services,the procurement of all equipment and materials reasonably inferable from the Contract Documents that will be used and/or incorporated into the Project. 1.9 Drawings (also referred to as "Plans") — shall be defined to mean the "Issued for Construction"design package,which are signed and sealed by a Florida Licensed Engineer and which are sufficient to secure a permit, that the CONTRACTOR is obligated to produce to the complete satisfaction of the CITY and which is deemed one hundred percent (100%) complete for the construction of the entire Project. 1.10 Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective,but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.11 Extra Work - shall be defined to mean work totally outside the scope of the Drawings, Specifications and/or the contemplation of the Contract Documents. All extra work shall require an executed change order from the designated official authorized to provide the approval. Any Extra Work performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable without exception. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 1.12 Field Order-A written order issued by City Manager or designee which orders minor changes, information contained in City of Sunny Isles Beach RFP No. 13-08-01 Gateway Park Pedestrian Access Improvements—Step 2 Technical Proposal in the work but which does not involve a change in the Guaranteed Maximum Price or the Contract Time. 1.13 Final Completion. Means the date subsequent to the date of Substantial Completion at which the Contractor has completed all the Work in accordance with the Agreement as certified by the City Manager or his representative and submitted all documentation required by the Contract Documents. 1.14 Guaranteed Maximum Price — shall be defined to mean that the CON 1RACTOR warrants and guarantees that the maximum price to the CITY for all of the Design-Build Work on the Project shall be two million one hundred thousand dollars($2,100,000.00)(hereinafter referred to as "GMP" and/or "Contract Price"). The GMP is deemed to include costs, fees, prices, expenses, overhead,profit, including all sales,use, consumer and other taxes mandated by applicable law, and any escalation associated therewith with respect to all equipment material and labor through the r*?, C 3 , completion of the entire Project as long as any additions and revisions do not materially deviate from the information contained in City of Sunny Isles Beach RFP No. 13-08-01 Gateway Park Pedestrian Access Improvements— Step 2 Technical Proposal. A portion of the GMP shall be attributed to the design phase of the Project and the remainder attributed to the construction phase as further delineated in the attached Exhibit"A"titled Schedule of Values,which is incorporated herein by reference. 1.15 Notice of Award-The written notice by CITY to the CONTRACTOR stating that the CONTRACTOR is awarded the privilege to design and construct the Project on the condition that the Parties are able to negotiate,to the CITY'S complete satisfaction, and execute an Agreement for the design and construction of the entire Project. 1.16 Notice to Proceed - A written notice given by CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start the design and construction phases under this Agreement. 1.17 Specifications — Shall be defined to mean the written technical descriptions, that accompany the Drawings of all materials, equipment and other construction systems, including the quantity and quality associated therewith, as well as other standards and workmanship as applied to the Work and certain administrative details applicable thereto that the CONTRACTOR is obligated to prepare to the complete satisfaction of the CITY which is deemed one hundred percent (100%) complete for the construction of the entire Project. • 1.18 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 Project in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred until any and all government entities, which regulate or have jurisdiction over the Project, have inspected and approved the Project. 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. 1.19 Project—The Project means the design and construction of a Pedestrian Bridge over westbound SR 826(aka Sunny Isles Boulevard)to connect a parcel of City-owned property that lies between eastbound and westbound SR826 ramps. The services include Design Services, Survey, Permits,MOT,Demolition,Construction,Coordination with all Utility Relocations,Design,Review, Best Value Analysis including cost estimates, GMP and Project management and coordination with City personnel (per the DCP 5 of 27), and as generally described information contained in City of Sunny Isles Beach RFP No. 13-08-01 Gateway Park Pedestrian Access Improvements — Step 2 Technical Proposal, and all other incidentals thereto identified by the CITY during the design and construction phases of the Project which the CITY concludes,at its sole discretion,are required to be included complete the Project. 1.20 Subcontractor - An individual, firm or corporation having a direct Contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.21 Supplier-A manufacturer, fabricator,supplier, distributor,materialman or vendor. 4 ; 1.22 Work—Shall be defined to include all of the services under the definition of Design- Build Work. 1.23 Work Change Directive - A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by CITY and recommended by City Manager or designee ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Guaranteed Maximum Price as long as the changes do not materially deviate from the information contained in City of Sunny Isles Beach RFP No. 13-08-01 Gateway Park Pedestrian Access Improvements—Step 2 Technical Proposal or Time,but demonstrates a desire that the parties expect that the change directed or documented by a Work Change Directive may be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Guaranteed Maximum Price or Contract Time. Notwithstanding the foregoing, the CONTRACTOR understands and agrees that the decision by the CITY to sign a Change Order is completely and totally within the CITY'S discretion and that if the CITY decides not to execute a Change Order,the CONTRACTOR shall not be entitled to recover any compensation whatsoever for the work performed under the Work Change Directive. The CONTRACTOR understands and agrees that any work, however characterized, performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to any work performed in the absence of a written Change Order.Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 1.24 Written Amendment - A written amendment of the Contract Documents, signed by CITY and CONTRACTOR on or after the Effective Date of the Agreement. 1.25 Form Agreement. This Agreement is based on a standard form contract and is subject to modification by the City prior to execution by both parties. ARTICLE 2- CONTRACT DOCUMENTS ARTICLE 2 -CONTRACT DOCUMENTS 2.1 Enumeration of Contract Documents. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 2.1.1 This Agreement. 2.1.2 Construction performance bond. 2.1.3 Construction payment bond. 2.1.4 Drawings and Specifications. 2.1.5 Insurance certificate. 5 ' J :. • • 2.1.6 Notice of Award and Notice to Proceed. 2.1.7 Clarifications and Exclusions. 2.1.8 All applicable provisions of State, Federal or local law. 2.1.9 Any modification, including all Change Orders, Field Orders and Written Amendments duly delivered after execution of Agreement. 2.2 Entire Agreement and Contract Interpretation. The Contract Documents comprise the entire agreement between CITY and CONTRACTOR concerning the Work. This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The Contract documents are intended to be complementary and interpreted in harmony so as to avoid conflict,with the express qualification that the Contract Documents must be read in such a manner as to afford the greatest possible protection to the CITY, including, but not limited to, ensuring that all of the Design-Build Work for the Project is completed within the warranted Guaranteed Maximum Price. 2.3 Amending and Supplementing Contract Documents. The Contract Documents may be amended to modify the terms and conditions of the Agreement in one or more of the following ways: 2.3.1 A Change Order; 2.3.2 A Written Amendment; 2.3.3 A Work Change Directive. 2.4 Supplements,Minor Variations or Deviations. CITY will not authorize any Change Orders to the Contract Documents, except in a manner set forth in this Agreement and allowed by law. CONTRACTOR covenants and agrees that CITY shall not be responsible for the costs above those set forth herein unless the same are set forth in a Change Order. Any and all Change Orders issued by the authority of an entity not a party to this Agreement shall not be compensated by CITY, and shall not constitute a Change Order. 2.5 Representation of CONTRACTOR. Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has visited the site and become familiar with the local conditions under which the Work is to be performed. 2.6 Before Commencing Operations. 6 ril ! : 'i Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon. ARTICLE 3—SCOPE OF WORK 3.1 Scope of Work. 3.1.1 The CONTRACTOR shall provide services for the designing and construction of the Project as described in the Contract Documents with all required minimum standards of construction as required by the Contract Documents. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning.Reference to standard specifications,manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual,code or laws or regulations in effect at the time of contract award,except as may be otherwise specifically stated. 3.1.2 The CONTRACTOR agrees to provide each and every item of expense necessary for the design and construction of the Project in accordance with and within the scope of the Guaranteed Maximum Price. It is agreed between the Parties that the Contract Documents describe a functionally complete Project consisting of total design performed by the design professional and construction to be completed in accordance with the Contract Documents. It is further agreed that the CONTRACTOR warrants that any and all Work, materials or equipment that may reasonably be necessitated from the Contract Documents as being required to produce.the intended result will be supplied by the CONTRACTOR at its own costs within the Guaranteed Maximum Price,whether or not specifically called for. The CONTRACTOR warrants and accepts that any and all repair work required during the construction phase that results from the actions or inactions of the CONTRACTOR, including those of employees, agents, representatives or subcontractors shall be deemed the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. The CONTRACTOR warrants and accepts that any and all work necessitated by inspections which is not prescribed in the Plans or Specifications, but necessitated to bring the project into conformity with the Contract Documents and all applicable laws, codes, regulations, procedures and/or considered inside the contemplation of the Contract Documents shall be deemed the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price.The CONTRACTOR warrants and accepts that all other work of any kind, however characterized, not prescribed in the Plans or Specifications,but necessitated to bring the project into conformity with the Contract Documents and all applicable laws, codes,regulations,procedures and/or considered inside the contemplation of the Contract Documents shall be deemed the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. Finally, the CONTRACTOR accepts, understands and agrees that this provision of the Agreement is a material inducement for the CITY to enter into this Agreement and that the CITY has indeed relied on this particular provision in making its decision to enter into this Agreement. 7 ?' 1 ARTICLE 4 - CONTRACT TIME 4.1 Time is of the Essence of this Contract. CONTRACTOR agrees to complete design and submit for all associated approvals and permits within seventy five (75) calendar days of conceptual design approval for the Project from the City Commission of the City of Sunny Isles Beach. The Work shall be shall be in Substantial Completion no later than two hundred seventy (270) calendar days from issuance of the Notice to Proceed by the City Manager or his designee. The Contractor shall achieve Final Completion no later than thirty(30)days after the two hundred seventy (270) day deadline to achieve Substantial Completion. The Notice to Proceed shall be issued for the construction of the Project upon the submittal of an application for building permit for the Project or the approval of 90%percent design by the CITY, whichever occurs first.The CONTRACTOR shall • commence on site construction of the Project the later of ninety(90)days after the City's issuance of the Notice to Proceed for construction or issuance of all required permits. CONTRACTOR agrees that all Work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this Agreement and subject to the appropriate remedies including but not limited to, liability for liquidated damages in accordance with Paragraph 12.3 herein. ARTICLE 5 CONTRACT SUM- GUARANTEED MAXIMUM PRICE 5.1 Guaranteed Maximum Price. 5.1.1 CITY shall pay CONTRACTOR in current funds as full compensation for the performance of all the Work for the design and construction of the Project which is subject to additions and deductions by Change Order or Written Amendment as provided in this Agreement, and subject further to possible reductions as set forth in Article 6.2.1 below,the sum of Two Million One Hundred Thousand Dollars $2,100,000.00(the "Guaranteed Maximum Price"). 5.1.2 The initial sum total of Two Hundred Fifty Thousand Four Hundred Dollars ($250,400.00) shall be attributed to the design phase which includes Pre-development expenses, architectural and design fees, legal and administrative fees, Building Risk and General Liability Insurance and Permit Fee Allowance,with the remaining amount attributed to the construction phase as further detailed in the attached Exhibit titled Schedule of Values. Ownership in the signed and sealed 100%"Issued for Construction"set of Plans and Specifications shall vest in the CITY once a permit is issued to commence construction. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.1 Responsibilities -Construction Phase. 6.1.1 Consultation: CONTRACTOR will schedule and attend regular meetings and will consult with CITY regarding site use and improvements, and the selection of materials, building systems, and equipment. 6.1.2 Subcontractors and Suppliers: CONTRACTOR shall develop subcontractor interest in the Project and shall furnish to the CITY, information, a list of subcontractors, including suppliers y'1 8 �' who are to furnish materials or equipment fabricated to a special design. The receipt of such list shall not require the CITY to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the CITY later to object to or reject any proposed subcontractor or supplier, and is furnished by CONTRACTOR to CITY for informational purposes only. Subject to the rights of the CITY to purchase supplies and materials in furtherance of the sales tax program as described in Article 6.16 hereof,CONTRACTOR shall have authority in awarding subcontractors and purchase orders. 6.1.3 Extent of Responsibility: CONTRACTOR shall be responsible for the architecture, engineering,construction and completion of the Project. 6.2 Guaranteed Maximum Price. 6.2.1 The Guaranteed Maximum Price is also subject to further reduction by an amount calculated by multiplying the applicable Florida sales tax rate times the amount of material and supplies purchased by the CITY under the sales tax program described in Article 6.16 hereof. The Guaranteed Maximum Price may be modified only as herein provided including possible changes as a result of Extra Work as may be documented in a City Commission approved Change Order[s]. 6.2.2 The Guaranteed Maximum Price shall include in the Cost of Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 6.2.3 The Guaranteed Maximum Price shall include all direct and indirect costs associated with the design and construction phases of the Project, including but not limited to, procurement of materials and equipment, labor,overhead,profits, contingency,permits, insurance,performance and payment bonds,utilities, fees,and taxes. 6.3 Administration. 6.3.1 The CONTRACTOR shall schedule and conduct weekly meetings at which the CITY and CONTRACTOR, and appropriate Subcontractors can discuss the status of the Work. The CONTRACTOR shall prepare and promptly distribute meeting minutes. 6.3.2 The CONTRACTOR shall provide monthly written reports to the CITY and designated consultants on the progress of the entire Work. 6.3.3 The CONTRACTOR may develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. 6.4 Design Responsibilities. 6.4.1 CONTRACTOR shall prepare preliminary design documents consisting of preliminary drawings, specifications and other documents to fix and describe the size, quality, quantity and characters of the Work, its architectural, structural, mechanical and electrical systems and the materials and other elements of the Work. 9 CV r . 6.4.1.1 CONTRACTOR shall submit the preliminary design documents to CITY for review and authorization to proceed with the final design preparation. The CONTRACTOR understands and agrees that the CITY, may, at its sole discretion, require changes to the preliminary design within 30 days of receipt of preliminary design unless otherwise agreed to in writing by both parties. All such changes shall be made at the sole and exclusive cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price, except for changes outside the scope of the Work Upon authorization from the CITY to proceed with the commencement of the entire design, CONTRACTOR shall begin to prepare drawings,schedules,specifications,technical criteria,written descriptions, design data, construction documents and diagrams setting forth in detail the requirements for the complete construction of the Work. The preparation of this work shall be done in three phases: 30% thirty percent, 60% sixty percent and 90%ninety percent. Any major changes will be provided by the City at or before the 60% submittal. Minor changes after the 60% may or may not result in additional design costs 6.4.1.2 The design services shall be performed by qualified architects, engineers and other professionals duly licensed by the State of Florida and holding current certificates of registration under the laws of the State of Florida. 6.4.1.3 CONTRACTOR shall prepare and submit for review to the CITY a 30%design package consisting of drawings and specifications for the site work,foundations,utilities, irrigations systems and other related incidentals. The CONTRACTOR understands and agrees that the CITY, may, at its sole discretion, require changes to the 30%percent design. All such changes shall be made at the sole and exclusive cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price, except for changes outside the scope of the Work CONTRACTOR understands and agrees that any information provided to it by the CITY as to any aspect of the Project is not guaranteed. In particular,and without limiting the foregoing disclaimer, identifying the location of existing utilities shall be the CONTRACTOR'S responsibility including identifying the location, character and depth of the existing utilities. Extreme caution shall be exercised by the CONTRACTOR to eliminate any possibility of any damage to utilities resulting from the CONTRACTOR'S activities. Any and all such damage shall be the responsibility of the CONTRACTOR and all work associated with repairs related to such damage shall be completed to the CITY'S satisfaction and at the sole and exclusive cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price. The location of all overhead utilities shall be verified. The CONTRACTOR shall be responsible for determining which poles will need shoring during excavation and shall provide such shoring and support as is required. The CITY'S review of the design plans shall not be deemed an acceptance of the plans nor be deemed a pre-approval related to the permitting process that the plans will be required to undergo with the Building Department. 6.4.1.4 CONTRACTOR shall prepare and submit for review to the CITY a 60% design package consisting of drawings and specifications for the structural, architectural and landscaping portion of the Project. The CONTRACTOR understands and agrees that the CITY,may at its sole discretion, require changes to the 60%percent design. All such changes shall be made at the sole and exclusive 10 `' . r cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price, except for changes outside the scope of the Work. CONTRACTOR understands and agrees that any information provided to it by the CITY as to any aspect of the Project is not guaranteed. The CITY'S review of the design plans shall not be deemed an acceptance of the plans nor be deemed a pre-approval related to the permitting process that the plans will be required to undergo with the Building Department. 6.4.1.5 CONTRACTOR shall prepare and submit for review to the CITY a 90% design package consisting of drawings and specifications for the mechanical, plumbing, electrical,equipment, instrumentation and all other related work necessary to have a fully functional and completed Project. The CONTRACTOR understands and agrees that the CITY,may at its sole discretion, require changes to the 90%percent design. All such changes shall be made at the sole and exclusive cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price, except of changes outside the scope of the Work CONTRACTOR understands and agrees that any information provided to it by the CITY as to any aspect of the Project is not guaranteed. The CITY'S review of the design plans shall not be deemed an acceptance of the plans nor be deemed a pre-approval related to the permitting process that the plans will be required to undergo with the Building Department. 6.4.1.6 CONTRACTOR shall prepare and submit for review to the CITY an "Issued for Construction"design package, which necessarily includes Plans and Specifications, that the CONTRACTOR is obligated to produce to the complete satisfaction of the CITY which is deemed one hundred percent(100%)complete for the construction of the entire Project,which are signed and sealed by a Florida Licensed Engineer and which are sufficient to secure a permit for the construction of the entire Project. The CITY shall not make any changes to the Plans and Specifications at 100% percent design if CONTRACTOR satisfies all comments made by the CITY at 90%percent design. The CITY'S review of the design plans shall not be deemed an acceptance of the plans nor be deemed a pm-approval related to the permitting process that the plans will be required to undergo with the Building Department. The construction phase of the Project shall not commence until the Building Department has issued a permit based on the 100%"Issued for Construction"design package. 6.4.2 Once the 100% completed "Issued for Construction" design package has received a permit from the Building Department to commence construction,these Drawings and Specifications shall then be considered part of the Contract Documents. 6.4.3 The CONTRACTOR agrees that any and all revisions that the Florida Building Code may require to the"Issued for Construction"Drawings and Specifications shall be the responsibility of the CONTRACTOR and be so revised at the sole and exclusive cost of the CONTRACTOR and be deemed part of the Guaranteed Maximum Price. 6.4.4 The CONTRACTOR shall provide to CITY three (3) record sets and three (3) working sets of full size prints of the Drawings and Specifications. CONTRACTOR shall signify,by affixing an endorsement(seal/signature,as appropriate)on every sheet of the record set,that the Work shown on the endorsed sheets was produced by CONTRACTOR. With the record set of prints, CONTRACTOR shall submit a final set of approved design computations to the CITY. The 11 V , computations shall be bound in an 8 1/2" by 11" format and shall be endorsed (seal/signature as appropriate)by CONTRACTOR. 6.4.5 All final design documents, plans, reports, studies and other data prepared by CONTRACTOR shall bear the endorsement of a person duly registered in the appropriate professional category. Notwithstanding the foregoing,CON I RACTOR agrees to provide at least ten (10) days notice to the City Manager prior to submittal of any plans, or drawings for review by the Building Department. 6.5 Liability for use of Work for Intended Purpose. As an inducement for CITY to enter into this Agreement,CONTRACTOR represents that it has expertise in professional design services and the construction of public construction projects by qualified and licensed general construction contractors. The CONTRACTOR'S expertise includes estimating the total costs associated with the final completion of an entire design-build job. Such costs associated with the estimation and calculation, include, but are not limited to, consideration of material, equipment and labor and the escalation of the costs of each in association with the realistic estimated duration of the project, the time of year, the weather patterns associated with the location of the project, the labor market for the design and construction associated with the location of the project,the type of facility, and consideration of the time associated with the design and permitting (including all associated delays that accompany a review through a municipal building department) of a complete set of plans and specifications. In reliance upon the above referenced representations, the CITY hired the CONTRACTOR to provide professional design services and complete construction services. CONTRACTOR shall be liable for any defective or negligent design, whether patent or latent, and/or any negligence, strict liability or breach of other legal duty to the extent and in the manner as hereafter set forth. 6.6 Shop Drawings and Samples. 6.6.1 CONTRACTOR shall prepare and submit any submittals or shop drawings required for permitting to the authority having jurisdiction,and shall furnish a copy to the City Manager. 6.6.2 CONTRACTOR shall prepare and maintain shop drawings and submittals referenced in Paragraph 6.6.1 and make them available for review by CITY. 6.6.3 Review of the shop drawings by CITY shall be general and shall not be deemed an acceptance of the shop drawings and shall not relieve the CONTRACTOR of the responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the work, nor for the furnishing of material or work required by the Agreement and not indicated on the drawings. 6.7 Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying CONTRACTOR'S best skill, attention and expertise. CONTRACTOR shall be solely responsible for and have control over the means, methods, 12 techniques, sequences and procedures of construction. CONTRACTOR shall be responsible to see that the finished Work complies with the Contract Documents. 6.8 Project Management. 6.8.1 During the progress of on-site construction, CONTRACTOR shall provide full time (defined to be 8:00 a.m. through 5:00 p.m. Monday through Friday, legal holidays excluded) competent project supervision and any necessary assistants who shall not be replaced without written notice to CITY. The superintendent will be CONTRACTOR'S representative at the site. 6.8.2 The day to day management of the Project's subcontractors and vendors contracts, schedules sand requests for payment shall be by a competent project manager to whom the superintendent shall report. The project manager will conduct regularly scheduled project meetings for the purpose of project coordination and communication. The project manager shall be included in the cost of the Work. 6.9 Labor. 6.9.1 Construction services shall be performed only by qualified construction contractors licensed to do business in the State of Florida and suppliers,selected and paid by the CONTRACTOR. 6.9.2 CONTRACTOR shall provide and pay for competent,suitably qualified personnel to perform the work as required by the Contract Documents. CONTRACTOR shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. CONTRACTOR shall at all times maintain good discipline and order at the site. 6.10 Materials. 6.10.1 Unless otherwise specified herein,CONTRACTOR shall furnish,pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, start-up and proper completion of the Work. 6.10.2 CONTRACTOR warrants that all materials and equipment shall be new and of good • quality and that the work will be free from defects in material and workmanship whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. 13 6.11 Concerning Subcontractors, Suppliers,and Others. 6.11.1 Prior to the commencement of each phase of the Work hereunder, upon request, CONTRACTOR shall furnish, in writing to CITY, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the relevant phase of the work. CITY shall advise CONTRACTOR, in writing, of any proposed person or entity to which CITY has a reasonable objection. Failure of CITY to reply within seven(7) business days from the date of receipt of the written notice shall constitute notice of no reasonable objection. CONTRACTOR shall not contract with a proposed person or entity to whom CITY has made a reasonable and timely objection. If CITY has reasonable objection to a person or entity proposed by CONTRACTOR, CONTRACTOR shall propose another to whom CITY has no reasonable objection. CONTRACTOR shall not change a subcontractor, person or entity previously selected if CITY makes reasonable objection to such change. 6.11.2 CONTRACTOR shall be fully responsible to CITY and shall indemnify and hold the CITY harmless for all acts and omissions of the CONTRACTOR'S employees, Subcontractors, Suppliers and other persons directly or indirectly employed by his Subcontractors, suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with CONTRACTOR. 6.11.3 Nothing in the Contract Documents shall create any Contractual relationship between CITY and any such Subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of CITY to pay or to see to the payment of any moneys due any such Subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 6.11.4 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 6.12 Patent Fees and Royalties. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process,product or device which is the subject of patent rights or copyrights held by others. 6.13 Permits. The CONTRACTOR agrees that it shall obtain and pay for all permits, approvals, licenses, government charges and inspection fees as reasonably inferable from the Contract Documents that will be required to complete the Project,except permit fees or other fees charged by the CITY. 14 ,j, 6.14 Laws and Regulations. CONTRACTOR shall comply with and give all notices required by laws,ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. CITY shall not be responsible for monitoring CONTRACTORS compliance with any laws and regulations. CONTRACTOR shall promptly notify CITY if the Contract Documents are observed by CONTRACTOR to be at variance therewith. 6.15 Risk of Loss.,Title. The risk of loss, injury or destruction shall be on CONTRACTOR until Final Completion and acceptance of the Project. Title to the Work shall pass to CITY upon Final Completion and acceptance of the Work by CITY. 6.16 Taxes. CONTRACTOR shall pay all sales,consumer,use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws and regulations of the State of Florida and its political subdivisions. CONTRACTOR is responsible for reviewing the pertinent state statutes involving such taxes and complying with all requirements. CITY and CONTRACTOR shall jointly cooperate so that CITY may order and pay for goods and supplies which will be incorporated into the Work. The goods and supplies that may be purchased by CITY shall be approved in advance by the parties,and shall generally be only those that cost more than$10,000 for the quantity or amount being ordered under the particular purchase order. Even though the CITY may purchase such goods and materials, the same shall be stored at the site in the same manner as goods and materials purchased by the CONTRACTOR, and CONTRACTOR shall bear the risk of loss. As compensation to the CONTRACTOR for accounting services respecting the sales tax savings program, an amount equal to one-sixth of the tax savings shall be paid to the CONTRACTOR. CITY hereby agrees to promptly purchase any materials requested by CONTRACTORS pursuant to this Section. The CITY and CONTRACTOR shall develop a list of items or materials that can be purchased under section 6.16. 6.17 Use of Premises. 6.17.1 CONTRACTOR shall confine equipment,the storage of materials and equipment and the operations of workers to the Project site and areas identified in and permitted by the Contract Documents and shall not unreasonably encumber the premises with equipment or other materials. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against CITY by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this Contract specifically applies to claims arising out of CON'TRACTOR'S use of the premises. 6.17.2 During the progress of the Work,CONTRACTOR shall at all times keep the premises free from accumulations of waste materials,rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials,rubbish and debris from 1 and about the premises as well as all tools, appliances, equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents including the area south of the work site where construction is currently occurring under a different Contract by others as further shown in the final design by CONTRACTOR or as otherwise approved in writing by the City. 6.17.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.18 Access to Work. CONTRACTOR shall provide CITY, CITY'S consultants, representatives and personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide them proper and safe conditions for such access;and shall advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith. 6.19 Safety and Protection. 6.19.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to prevent damage, injury or loss to all employees on the work site and other persons and organizations who may be affected thereby;all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and other property at the site or adjacent thereto. 6.19.2 CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. 6.20 Indemnification. 6.20.1 GENERAL INDEMNIFICATION: The parties agree that one percent (1%) of the total compensation paid to CONTRACTOR for the Work under this Agreement shall constitute specific consideration to CONTRACTOR for the indemnification to be provided under this Agreement. CONTRACTOR shall indemnify, defend, save and hold harmless the CITY and the CITY's elected officials, public employees, consultants and separate contractors, any of their subcontractors, sub-subcontractors, agents and employees from and against any and all claims, damages, losses and expenses,including but not limited to attorneys'fees, arising out of or related to and/or resulting from performance of the Work. These indemnification obligations shall include claims, damages, losses or expenses (1) that are attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself) including loss of use resulting therefrom,and/or(2)to the extent such claims,damages, losses or expenses are caused in whole or in part by negligent acts or omissions of the CONTRACTOR,its employees,agents,and representatives, including those of CONTRACTOR's sub-contractor(s), and/or anyone directly or 16 indirectly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable, regardless of whether or not they are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity • which would otherwise exist as to a party or person described in this Article. 6.20.2 In claims against the CITY or its consultants and its contractors,their subcontractors, agents or employees by an employee of the CONTRACTOR, its contractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Article 6.20 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers'or workmen's compensation acts,disability benefits acts or other employee benefit acts. 6.21 Patent and Copyright Indemnification. CONTRACTOR agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all damages, liabilities, loses, claims,fines and fees, and from any and all suits and actions of every name and description that may be brought against CITY, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees and costs. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith including any costs or fees of an appeal shall be the responsibility of CONTRACTOR under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY'S rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate,abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts. 6.22 Survival of Obligations. All representations,indemnifications,warranties and guarantees made in,required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the work and termination or completion of this Agreement. 6.23 Correction or Removal of Defective Work. If required by CITY, CONTRACTOR shall promptly, as directed, either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by CITY,remove it from the site and replace it with non-defective Work. CONTRACTOR shall bear all direct and indirect costs of such correction or removal(including but not limited to fees and charges of engineers,architects and other professionals)made necessary thereby. 17 '+ t .. .' ARTICLE 7- CITY'S RESPONSIBILITIES 7.1 CITY shall furnish data required of CITY under the Contract Documents promptly. The CONTRACTOR understands and agrees that any information provided to it by the CITY as to any aspect of the Project is not guaranteed but contractor shall have the right to reasonably rely on any data provided by the City and the City shall not knowingly provide false or inaccurate data. 7.2 Contractor shall secure all necessary assessments, charges, approvals and permits required for construction,use,or occupancy of permanent structures or permanent changes in existing facilities. 7.3 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY to exercise this right for the benefit of CONTRACTOR or any other party. ARTICLE 8—CITY MANAGER 8.1 City Manager will be CITY'S contact person during the construction period and until final payment is due to CONTRACTOR. 8.2 Visits to Site. City Manager may, at the City Manager's sole discretion, make visits to the site to observe the progress and quality of the executed work. 8.3 Authorized Variations in Work. City Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents which are mutually agreed to and do not involve an adjustment in the Guaranteed Maximum Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on CITY and on CONTRACTOR who shall perform the work involved promptly. 8.4 Rejecting Defective Work. If City Manager becomes aware of any fault or default in the Work, he may give written notice thereof to CONTRACTOR.The failure to provide notice shall not waive the warranty of the CONTRACTOR that the work is to be free of defect whether latent or patent. ARTICLE 9-BUILDING DEPARTMENT'S RESPONSIBILITIES It is understood and agreed by the CONTRACTOR that the Building Department and its inspectors are professionals who are dedicated to providing efficient and courteous service to all 18 C`,7 residents, professionals, contractors and the public at large through plans processing, inspections and building maintenance,which ensures the protection of the citizens and enhances the quality of life within the CITY. For the purposes of this Project the Building Department is not a surrogate of the CITY. All decisions by the Building Department as to whether some aspect of the Project is or is not in compliance with the Florida Building Code, Florida Fire Prevention Code and/or any other applicable codes,regulations,laws and ordinances are independent of and not deemed to be an act or decision by the CITY. The CONTRACTOR agrees that it shall be the responsibility of the CONTRACTOR to ensure compliance with all applicable codes,regulations,law and ordinances. As noted in Article 3 of this Agreement the CONTRACTOR warrants and accepts that any and all work necessitated by inspections which is not prescribed in the Plans or Specifications,but necessitated to bring the project into conformity with the Contract Documents and all applicable laws, codes, regulations, procedures and/or considered inside the contemplation of the Contract Documents shall be deemed the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. ARTICLE 10-BONDS AND INSURANCE 10.1 Payment and Performance Bonds. 10.1.1 Within fifteen (15) calendar days after Notice of Award and in any event prior to commencing work,the CONTRACTOR shall execute and furnish to CITY a performance bond and a payment bond in a form acceptable to the CITY,each written by a corporate surety,having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five(5)years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. 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 company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualification in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc.,Ambest Road,Oldwick,New Jersey 08858: A to A+. 10.1.2 Two (2) separate bonds are required and both must be approved by the CITY. The penal sum stated in each bond shall be the amount equal to the total amount payable under the terms of the contract. The performance bond shall be conditioned that the CONI'ItACTOR perform the contract in the time and manner prescribed in the contract. The payment bond shall be conditioned that the CONTRACTOR promptly make payments to all persons who supply the CONTRACTOR with labor, materials and supplies used directly or indirectly by the CONTRACTOR in the prosecution of the work provided for in the Contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law;and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said Contract which the CITY may be required to make under the law. 10.1.3 Pursuant to the requirements of Section 255.05(1)(a),Florida Statutes, it shall be the duty of the CONTRACTOR to record the aforesaid payment and performance bonds in the public records of Miami-Dade County, with the CONTRACTOR to pay all recording costs. 10.2 Bonds,Reduction After Final Payment. Such bonds shall continue in effect for one (1) year after beneficial occupancy which is measured by the project having passed all final inspections by the City's Building Department and other jurisdictional or permitting agencies and entities except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to fifty percent (50%)of the Guaranteed Maximum Price, or an additional bond shall be conditioned that CONTRACTOR shall correct any defective or faulty Work or material which appears within one (1) year after final completion of the Contract,upon notification by the CITY.Notwithstanding the foregoing,after final payment, the CONTRACTOR may request reduction in the bond to 10% of all monies previously earned and all monies earned thereafter. 10.3 Duty to Substitute Surety. If the surety on any Bond furnished by CON IRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations,CONTRACTOR shall within seven(7)days thereafter substitute another bond and surety, both of which must be acceptable to CITY. 10.4 Insurance. 10.4.1 UPON EXECUTION OF THE CONTRACT, THE CONTRACTOR SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF SUNNY ISLES BEACH IS AN ADDITIONAL NAMED INSURED RESPECT TO THE REQUIRED COVERAGE AND THE OPERATIONS OF THE CONTRACTOR UNDER TILE CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shall also specifically refer to this Agreement and shall state that such insurance is as required by this Article 10 and its subparts of this Agreement. CONTRACTOR shall not commence work under this Agreement until after CONTRACTOR has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. CONTRACTOR shall not permit any subcontractor to begin work until after similar minimum insurance to cover subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the term of this Agreement, then in that event, CONTRACTOR shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage and extension thereunder is in effect. CONTRACTOR shall not continue to perform the services required by this Agreement unless all required insurance remains in full force and effect. 10.4.2 Insurance Companies selected must be acceptable the CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that 20 • J..: the coverage afforded shall not be canceled,materially changed or renewal refused until at least thirty (30)calendar days written notice has been given to CITY by certified mail. 10.4.3 The CONTRACTOR shall procure and maintain at its own expense and keep in effect during the full term of the Contract a policy or policies of insurance which must include the following coverage and minimum limits of liability: 10.4.3.1 Professional Liability (Errors and Omissions) Insurance for architectural and engineering services and the services of any other professional used in the performance of the work of this Agreement in the amount of$1,000,000.00 with a deductible (if applicable)not to exceed $5,000.00 per claim. The certificate of insurance for professional liability shall reference any applicable deductible and the work of this Agreement. 10.4.3.2 Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and xx/100 dollars($100,000.00) per accident. CONTRACTOR agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such • employees in the course of their employment. 10.4.3.3 Comprehensive Automobile Liability Insurance for all owned, non- owned and hired automobiles and other vehicles used by the CONTRACTOR in the performance of the work with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability,per occurrence 10.4.3.4 Comprehensive General Liability Insurance (occurrence form) with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability,per occurrence Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 10.4.3.4.1 Premises and Operations; 10.4.3.4.2 Independent Contractors; 10.4.3.4.3 Product and Completed Operations Liability; 10.4.3.4.4 Broad Form Property Damage; 21 , 10.4.3.4.5) Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in this Contract; and 10.4.3.4.6 Personal Injury coverage with employment contractual exclusions removed and deleted. 10.4.3.4.7 Explosion,collapse, underground coverage(XC-U) 10.4.3.5 Builder's Risk Insurance in an amount not less than THE REPLACEMENT COST for the construction of the work. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value with a deductible of not more than five thousand and 00/100 dollars($5,000.00)per claim. 10.4.4 CONTRACTOR shall maintain the Products/Completed Operations Liability Insurance for a period of at least three (3) years after final payment for the Work and furnish CITY with evidence of continuation of such insurance at final payment. 10.4.5 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida,with the following minimum rating of B+to A+, in accordance with the latest edition of A.M. Best's Insurance Guide. 10.4.6 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above described insurance. 10.4.7 The CONTRACTOR shall ensure that any company issuing insurance to cover the requirements contained in this Contract agrees that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. 10.4.8 The clauses "Other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as an additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence within fifteen(15)working days of CITY's actual notice of such an event. 10.4.9 The CONTRACTOR shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. 10.4.10 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverages protect both parties as the primary coverages for any and all losses covered by the above described insurance. 22 �?: 1 10.4.11 The CONTRACTOR agrees to perform the work under the Contract as an independent CONTRACTOR,and not as a sub-contractor, agent or employee of CITY. 10.4.12 CONTRACTOR shall require each of its subcontractors of any tier to maintain the insurance required herein for each category, and CONTRACTOR shall provide verification thereof to CITY upon request of CITY. Notwithstanding the foregoing, the CONTRACTOR may provide insurance for subcontractors. 10.4.13 Violation of the terms of this Article and its subparts shall constitute a breach of the Contract and CITY,at its sole discretion, may cancel the Contract and all rights, title and interest of the CONTRACTOR shall thereupon cease and terminate. Notwithstanding the foregoing, the • CONTRACTOR shall be given thirty(30)days to cure any breach. 10.5 CITY'S Liability and Insurance. CITY shall not be responsible for purchasing and maintaining any insurance to protect the interests of CONTRACTOR, subcontractors or others on the Work. CITY specifically reserves all statutory and common law rights and immunities and nothing herein is intended to limit or waive same including, but not limited to, the procedural and substantive provisions of Section 768.28, Florida Statutes and Section 95.11, Florida Statutes. ARTICLE 11 - WARRANTIES; TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK 11.1 Warranty of Title. The CONTRACTOR warrants to the CITY that it possesses good, clear and marketable title to all equipment and materials provided hereunder and there are no pending liens, claims or encumbrances whatsoever against said equipment and materials. 11.2 Warranty of Specifications. • The CONTRACTOR warrants that all equipment, materials and workmanship furnished,whether furnished by the CONTRACTOR or its sub-contractors and suppliers,will comply with the specifications,drawings and other descriptions supplied or adopted and that all services will be performed in a workmanlike manner. 11.3 Warranty of Merchantability. CONTRACTOR warrants that any and all equipment to be supplied pursuant to the Agreement is new, merchantable, free from defects, whether patent or latent in material or workmanship and fit for the ordinary purposes for which it is intended. 23 r.,.: • ..• C✓ i 11.4 Correction Period. CONTRACTOR warrants all material and workmanship for a minimum of one (1) year from the date that CITY accepts occupancy of the parking garage and park. If within one (1) year after the date of Final Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, whether observed before or after acceptance by CITY, CONTRACTOR shall promptly, without cost to CITY and in accordance with CITY'S written instructions, either correct such defective work, or, if it has been rejected by CITY, remove it from the site and replace it with work that is not defective and satisfactorily correct and remove and replace any damage to other work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, CITY may have the defective workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)will be paid by CONTRACTOR. 11.4.1 Where defective Work (and damage to other work resulting therefrom) has been corrected,removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one(1)year after such correction or removal and replacement has been satisfactorily completed. 11.4.2 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents. Establishment of the time period of one(1) year as described in Paragraph 11.4.1 relates only to the specific obligation of the CONTRACTOR to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CONTRACTOR'S liability with respect to the CONTRACTOR'S obligation other than specifically to correct the work. 11.4.3 CONTRACTOR warrants to the CITY that it will comply with all applicable federal, state and local laws,regulations and orders in carrying out its obligations under the Contract. 11.4.4 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership,nor is it engaged in or threatened with any litigation,arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 11.4.5 CONTRACTOR warrants to the CITY that the consummation of the work provided for in the Contract Documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR is a ply. 11.4.6 CONTRACTOR warrants that there has been no violation or copyrights of patent rights either in the United States of America or in foreign countries in connection with the work of the Contract. 24 11.4.7 No warranty, either express or implied, may be modified, excluded or disclaimed in any way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by CITY. 11.5 Tests and Inspections. 11.5.1 CON I RACTOR shall give the City Manager and Building Department timely notice of readiness of the work for all required inspections, tests or approvals. . CONTRACTOR shall assume full responsibility,pay all costs,except for permit fees or other fees imposed by the CITY,in connection therewith and furnish the Building Department, with courtesy copies to the CITY, the required certificates of inspection,testing or approval for all materials,equipment or the Work or any part thereof unless otherwise specified herein. 11.5.2 Inspectors do have the full authority to order the CONTRACTOR to comply with all applicable codes. The CONTRACTOR shall be responsible for complying with all inspections and all costs associated therewith shall be deemed the responsibility of the CONTRACTOR and included in the GAP. 11.5.3 The payment of any compensation whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors,directly or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR will constitute a breach of this Agreement. ARTICLE 12 -CONTRACT TIME 12.1 Change of Contract Time. ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, 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. CONTRACTOR shall not be entitled to an increase in the construction cost 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 be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. If CONTRACTOR is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated (including strong storms, tropical storms and/or hurricanes which are common between June 1 and November 30),unavoidable casualties or other causes beyond the CONTRACTOR's control,or by other causes which the CITY and CONTRACTOR agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area which necessarily excludes 25 � ..- strong storms, tropical storms and/or hurricanes which are common between June 1 and November 30. 12.2 No Recovery for Early Completion. If the CONTRACTOR submits a schedule or expresses an intention to complete the Work earlier than any required milestone or completion date, the CITY shall not be liable to the CONTRACTOR for any costs incurred because of delay or hindrance should the CONTRACTOR be unable to complete the Work before such milestone or completion date. The duties,obligations and warranties of the CITY to the CONTRACTOR shall be consistent with and applicable only to the completion of the Work and completion dates set forth in this Agreement. 12.3 Liquidated Damages 12.3.1 The CONTRACTOR understands that if the Work is not substantially complete within two hundred seventy(270)days from the date of the Notice to Proceed,or if CONTRACTOR does not achieve Final Completion within thirty (30) days thereafter, then the CITY will suffer damages which are difficult to determine and accurately specify. As such, Liquidated Damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Work on time. 12.3.2 Upon failure of CONTRACTOR to complete the Work within the time specified for the substantial and final completion of the Work(plus approved extensions if any),CONTRACTOR shall pay to CITY the sum of One Thousand Dollars ($1000.00) for each and every calendar day beyond the time specified in this Agreement for substantial and final completion,as fixed and agreed liquidated damages and not as a penalty. The Liquidated Damages shall apply regardless of whether or not a single Contract is involved and shall apply separately to each portion of the Work for which a time of completion is given. CITY shall have the right to deduct from and retain out of moneys which may be then due or which may become due and payable to CONTRACTOR, the amount of such liquidated damages and if the amount retained by CITY is insufficient to pay in full such liquidated damages,the CONTRACTOR shall pay in full such liquidated damages. 12.4 Delay. Any delay caused by the CITY shall extend the date for substantial completion date by the number of days that resulted from the delay. ARTICLE 13 -CHANGES IN THE WORK,RESTRICTIONS AND LIMITATIONS 13.1 After the Plans and Specifications have been approved for construction by the Building Department,the CITY,without invalidating this Agreement,may order additions,deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment or Change Order. 26 I 7) 13.2 All Change Orders which,individually or when cumulatively increase the cost of the work,or which extend the time for completion,must be formally authorized and approved by the City Commission prior to their issuance and before work may begin. No claim against CITY for Extra Work in furtherance of such Change Order shall be allowed unless prior approval has been obtained. The CONTRACTOR understands and agrees that any work, however characterized, performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 13.3 The Guaranteed Maximum Price and Contract Time shall be changed only by Change Order or Written Amendment approved by the City Commission. 13.4 Proposed Change Orders shall be prepared by the CONTRACTOR. 13.5 The CONTRACTOR shall not be entitled to an increase in the Guaranteed Maximum Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended,modified and supplemented. 13.6 If notice of any change affecting the general scope of the work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety,the giving of any such notice will be CONTRACTOR'S responsibility and the amount of each applicable bond shall be adjusted accordingly. 13.7 Any claim for adjustment in the Guaranteed Maximum Price or time shall be based upon written notice delivered by the party making the claim to the other Parties not later than ten(10) days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Guaranteed Maximum Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 13.8 CONTRACTOR understands and agrees that any information provided to it by the CITY,at any time, as to any aspect of the Project is not guaranteed. The CON I RACTOR is solely liable for all site conditions, including those that are subsurface or otherwise concealed physical conditions which may differ, materially or not, from those the CONTRACTOR encountered during its initial site inspection. Upon identifying subsurface physical conditions that do differ materially from those identified during the CONTRACTOR'S initial inspection, the CONTRACTOR shall notify CITY immediately. The CONTRACTOR shall promptly investigate such conditions and, if the CITY agrees that the concealed physical conditions could not have been detected through a reasonable inspection, then the CONTRACTOR shall be entitled to an extension of time for the completion of the Project as its sole remedy. The CONTRACTOR accepts that any costs or expense associated with any differing site conditions encountered shall be the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. 27 'J; ..._, ARTICLE 14—NO CHANGES IN GUARANTEED MAXIMUM PRICE 14.1 The Guaranteed Maximum Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Guaranteed Maximum Price. 14.2 The Guaranteed Maximum Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Guaranteed Maximum Price shall be based on written notice delivered to the other Party (but in no event later than ten (10)days)after the occurrence of the event giving rise to the amount of the claim,along with supporting data which shall be delivered within twenty(20)days after the occurrence of the event giving rise to the amount of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. No resolution of a claim for.adjustment in the Guaranteed Maximum Price shall be effective until approved by the City Commission. No claim for an adjustment in the Guaranteed Maximum Price will be valid if not submitted in accordance with this Paragraph. The CONTRACTOR understands and agrees that the CITY shall have the right and discretion to deny the approval of any Change Order, for any reason, despite the CONTRACTOR'S compliance with this Paragraph and/or the existence of an executed written Work Change Directive. If the CITY decides not to approve a Change Order for the work,then the CONTRACTOR will not be entitled to receive compensation under any theory of recovery whether at law or in equity. 14.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Guaranteed Maximum Price shall be determined in one of the following ways: 14.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents,by application of unit prices to the quantities of the items involved. 14.3.2 By mutual acceptance of a lump sum(which may include an allowance for overhead and profit including any subcontractor fees). If the negotiated lump sum change order exceeds the percentages set forth for"Cost of Work," it must be accompanied by a detailed explanation justifying the increase. 14.4 Cost Breakdown Required. Whenever the cost of any Work is to be determined, CONTRACTOR will submit in form acceptable to City Manager an itemized cost breakdown together with supporting data. Whenever a change in the work is to be based upon mutual acceptance of a lump sum, whether the amount is an addition, credit, or no-change-in-cost, the CONTRACTOR shall submit an estimate substantiated by a complete itemized breakdown. The breakdown shall list quantities and unit prices for materials,labor,equipment and other items of cost. ARTICLE 15-PAYMENTS TO CONTRACTOR AND COMPLETION OF WORK 15.1 Progress Payments during construction phase. 28 1 28 1�. ' ' 15.1.1 CONTRACTOR may requisition payments for Work completed during the project at intervals of not more than once a month. The CONTRACTOR shall submit a proposed schedule of values in a form acceptable to the CITY and which will be required to be approved by the CITY before any design Work on this Project can commence. The proposed schedule of values shall be broken into two phases for design and for construction. Once approved all applications for payment shall be submitted in a form that shows a complete breakdown of the project components, the quantities completed and the amount due, together with a certification by the CONTRACTOR that the CONTRACTOR has disbursed to all subcontractors and suppliers their pro-rata shares of the payment out of previous progress payments • received by the CONTRACTOR for all work completed and materials furnished in the previous period or properly executed releases of liens by all subcontractors, suppliers and materialmen who were included in the CONTRACTOR'S previous applications for payment,and any other supporting documentation as may be required by the CITY. Each requisition shall be submitted in triplicate to the CITY for approval. Invoices will be due and payable within thirty (30) calendar days after the date on which the invoice is stamped as received by the initiating City department. Payment will be made only for approved invoices. 15.1.2 Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until the Work is completed in accordance with the requirements of the Contract Documents and accepted by the CITY as provided herein. After fifty percent (50%) of the Work has been completed, the CONTRACTOR, may request reduction in the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter The City shall review the Contractor's request and approve or reasonably reject the request as required by Florida State Statute. 15.2 Final Inspection. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete,CITY will make a final inspection and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. 15.3 Final Application for Payment. After CONTRACTOR has completed all such corrections to the satisfaction of City Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents required by the Contract Documents, and after City Manager has indicated that the work is acceptable, CONTRACTOR may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the work; or (2) CONTRACTORS receipts in full covering all labor,materials and equipment for which a lien could be filed;or(3)a final affidavit stating that all laborers,materialmen,suppliers and subcontractors who worked for CONTRACTOR under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. If any subcontractor or supplier fails to furnish a 29 ti`: ' release or receipt in full, CONTRACTOR may furnish a bond satisfactory to CITY to indemnify CITY against any lien. CONTRACTOR shall submit to CITY within forty-five days (45) of the date of issuance of the certificate of occupancy for the applicable portion of the Work the completed set of "As-Built"drawings relative to the parking garage and park for review and approval. The "As-Built" drawings shall be prepared, sealed and certified by the appropriate professional licensed by the State of Florida. Prior to approval, if necessary, the drawings may be returned to CONTRACTOR for changes or modifications if in the opinion of City Manager they do not represent correct or accurate "As-built" drawings. 15.4 Final Payment and Acceptance. 15.4.1 If the Work is not acceptable to the CITY, then the CITY shall indicate the reasons for refusing to make final payment, in which case CONTRACTOR shall make the necessary corrections or compliance and resubmit the Application for payment. If the CITY is satisfied that the Work has been completed in accordance with the Contract Documents and the CONTRACTOR'S other obligations under the Contract Documents have been fulfilled,the CITY will agree to make the final payment. 15.4.2 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, CITY may consider making payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by CITY for Work not fully completed or corrected is less than the retainage stipulated in the Agreement,and if bonds have been furnished as required,the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted may be submitted by CONTRACTOR for such payment. The CITY may consider making such payment under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 15.5 Final payment, constituting the entire unpaid balance of the Guaranteed Maximum Price, shall be paid by the CITY to the CONTRACTOR when the Work has been completed in accordance with the Contract Documents, and this Agreement fully performed. The making of final payment shall constitute a waiver of claims by CITY except those arising from: 15.5.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 15.5.2 Faulty or defective work and latent defects discovered after acceptance. 15.5.3 Failure of the work to comply with the requirements of the Contract Documents. 15.5.4 Terms of special warranties required by the Contract Documents. 15.5.5 Any of CONTRACTOR'S continuing obligations under this Agreement. 30 The acceptance of final payment by CONTRACTOR or the Subcontractor for materials and supplies shall constitute a waiver of claims by that payee except those previously made in writing and identified by payee as unsettled at the time of final application for payment. 15.6 CITY'S Right to Withhold Payment. The CITY may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 15.6.1 Defective work not remedied. 15.6.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the CONTRACTOR. 15.6.3 Failure of the CONTRACTOR to make payment to Subcontractors or Suppliers for materials or labor. 15.6.4 Damage to another contractor not remedied. 15.6.5 Liability for liquidated damages has been incurred by the CONTRACTOR. 15.6.6 Reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum. 15.6.7 Reasonable evidence that the work will not be completed within the Contract time. 15.6.8 Failure to carry out the work in accordance with the Contract Documents. When the above grounds are removed or resolved or the CONTRACTOR provides a surety bond or consent of surety satisfactory to the CITY which will protect the CITY in the amount withheld,payment may be made in whole or in part. ARTICLE 16-TERMINATION OF THE CONTRACT 16.1 CITY'S Right to Terminate with Cause. Upon the occurrence of any one or more of the following events: 16.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 16.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such 31 S ,� " equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 16.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. 16.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors. 16.1.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they become due. 16.1.6 If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled Workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time),provided that CONTRACTOR is provided thirty(30)days to cure any breach. 16.1.7 If CONTRACTOR disregards laws or regulations of any authority with jurisdiction. 16.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. CITY may, after giving CONTRACTOR seven (7) days written notice, terminate the services of CONTRACTOR without any liability,of any kind,accruing to the to the CITY and without prejudice to any right or remedy the CITY may have, and exclude the CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances,construction equipment and machinery at the site and use the same to full extent they could be used by CONTRACTOR(without liability to CON TRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Notwithstanding the foregoing,the CONTRACTOR is provided with thirty(30)days to cure any breach. 16.2 City's Right to Terminate without Cause: 16.2.1 Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause, without liability of any kind, and without prejudice to any other right or remedy, terminate this agreement. This provision is different from the right to terminate set out in other parts of this Agreement. Upon receipt of the notice of termination, CONTRACTOR shall promptly discontinue all Work at the time and to the extent indicated on the notice of termination,terminate all outstanding Subcontractors and purchase orders to the extent that they relate to the terminated portion of the Agreement, and refrain from placing further orders and Subcontracts. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. In the event of a termination under this provision, the CITY shall pay to the CONTRACTOR only those direct costs associated with all Work actually completed.The 32 t73, CONTRACTOR shall be obligated to support its costs with back-up documentation to the CITY'S satisfaction.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE CITY SHALL NOT BE LIABLE TO THE CONTRACTOR FOR ANY DIRECT,INDIRECT, SPECIAL AND/OR CONSEQUENTIAL LOSSES OR DAMAGES WHETHER ARISING IN AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO LOSSES OF USE,PROFITS,BUSINESS, REPUTATION OR FINANCING. 16.2.2 Once the Plans and Specifications for this Project receive a permit to commence construction,the ownership in the Plans and Specifications shall vest with the CITY. In the event CITY terminates the Agreement and proceeds to design and construct the Project through its employees, agents or other third parties, CONTRACTOR or its subcontractor(s) shall furnish to the City electronic files of all design and components thereof in editable format. Future use of the design by the City shall be fully compliant with F.A.C. Chapter 61G15-27 "Procedures for the Adoption of Another's Work". 16.3 Termination by CONTRACTOR. If CITY fails to make payment thereon for a period of sixty(60)calendar days from payment submittal, CONTRACTOR may, upon thirty (30) additional days written notice to CITY, terminate the Contract and recover from the CITY payment for work executed and for proven losses with respect to materials,equipment,tools,construction equipment, machinery and labor. 16.4 Non-Binding Mediation. 16.4.1 Non-Binding Mediation. In the event a dispute arises, either Party may request that the other party attend non-binding mediation. Mutual written consent is required for the non-binding mediation to take place. To the extent that mediation does occur,the CONTRACTOR is obligated to continue to perform the Work and the CITY shall continue to satisfy its payment obligations pending the resolution of the mediation. Before requesting mediation,the parties shall first attempt to resolve the dispute amicably. 16.4.2 Scope of Dispute Review. Any controversy or claim arising out of or relating to this Agreement or any breach of it may be subject to review under these non-binding dispute resolution procedures. 16.4.3 Mediator. The Parties agree that any mediator shall be jointly selected. 16.4.4 Time of Claim. Claims must be brought within the applicable statute of limitations by notice of a claim to the other party or parties affected thereby.Failure to bring the claim within the specified time shall constitute a waiver of the party's right to assert the claim. The notice of claim shall provide reasonably sufficient detail of the nature of the claim and the basis for it. The mediator shall be selected by the parties within twenty (20) days following the date that a party requests that the selection process commence. Each mediation hearing shall be held at a location mutually approved by the parties. Unless the parties otherwise agree in writing, 33 mediation may be commenced on or after the thirtieth (30th) calendar day after the mediator is selected. Each party agrees that it will designate a representative,having authority to bind that party, who will attend all mediation hearings. Both parties shall endeavor,in good faith,to reach a resolution of the claim during the mediation. The mediator shall submit a sworn affidavit to both parties indicating that the mediator has no past or present affiliation with either the CONTRACTOR or the CITY. 16.4.5 If the parties cannot agree on the production of documents or information(including rules relating thereto),then the mediator shall make a determination as to the scope and nature of the exchange. 16.4.6 Proceeding Costs and Fees. All parties participating in the non-binding mediation shall be responsible for their own costs, expenses and attorney fees necessary to pursue or defend against claim(s) raised under these provisions; however, the parties shall equally share the costs of any meeting or hearing place and the fees of the mediator. 16.4.7 Enforceability and Form of Decision. The decision resulting from mediation is not binding on any party participating in the mediation unless and until the parties agree to it in writing. In the absence of a written consent accepting the mediator's decision,the decision shall have no force or effect whatsoever. 16.4.8 Florida Law/Venue/Jurisdiction. This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The Parties hereto hereby submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any action or proceeding arising out of or relating to this Agreement and the Parties hereto hereby agree that all claims in respect of such action or proceeding shall be heard and determined exclusively in any such state or federal court. The parties expressly waive any rights either party may have to a trial by jury of any civil litigation related to any cause of action under this Agreement. Nothing in this Agreement is intended to waive the City's sovereign immunity defenses, including but not limited to the limitations on damages pursuant to Section 768.28, Florida Statutes. 16.4.9 Attorneys' Fees. In the event of any dispute arising under or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney fees, costs and expenses incurred by it in connection with that dispute and/or the enforcement of this Agreement, including all such reasonable attorney fees, costs and expenses at all judicial levels, including appeal until such dispute is resolved with finality. ARTICLE 17-NOTICE,COMPUTATION OF TIME ARTICLE 17.1 Giving Notice. All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail,return receipt requested to the following: 34 CONTRACTOR: Rene L. Castillo Sr.,President RIC-MAN INTERNATIONAL, INC. 220 71'Street, Suite 206 Miami Beach, FL 33141 COPY TO: CITY: Christopher J.Russo, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach,Florida 33160 COPY TO: Hans Ottinot,City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach,Florida 33160 17.2 Computation of Time. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty four(24)hours measured from midnight to the next midnight shall constitute a day. 17.3 Force Majeure. Should any party fail to perform its obligations under this Agreement due to a condition of force majeure, as that term is interpreted under Florida Law, and specifically including but not limited to Acts of God(including hurricanes,tropical storms and/or very strong storms which are anticipated by the Parties and taken into consideration when the CONTRACTOR agreed to the substantial completion date)fire,flood,earthquakes,then the time for performance of said obligation hereunder will be extended by a period reasonable commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under this agreement due to a force majeure condition, the CONTRACTOR shall request a time extension from the CITY within ten(10) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the CONTRACTOR for extra compensation. Events of force majeure do not include acts or omissions of sub-contractors. ARTICLE 18—MISCELLANEOUS 18.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the 35 ;, :R warranties, guaranties and obligations imposed upon CONTRACTOR and all of the rights and remedies available to CITY thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available to any or all of them which are otherwise imposed or available by laws or regulations,by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of the Agreement. 18.2 CONTRACTOR shall not assign or transfer the Contract or its rights,title or interests therein without CITY'S prior written approval. The obligations undertaken by CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all rights,title and interest of CONTRACTOR shall thereupon cease and terminate. 18.3 CONTRACTOR and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 18.4 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of CITY now or hereafter existing at law or in equity. 18.5 The validity,construction and effect of this Contract shall be governed by the laws of the State of Florida. In the event of a dispute arising under or related to this Agreement it shall be filed in the Eleventh Judicial Circuit in and for Miami-Dade County,Florida. 18.6 Should any part,term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or provision shall not be affected thereby. ARTICLE 19 -NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 19.1 During the performance of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. CONTRACTOR will take affirmative action to ensure that employees are treated during employment,without regard to their race, creed, color or national origin. Such action must 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. CONTRACTOR shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ` 36 J °� i 19.2 CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, • 1967 and as supplemented in Department of Labor Regulations(41 CFR Part 60). 19.3 CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 USC 874) as supplemented in Department of Labor Regulations(29 CFR Part 3). 19.4 CONTRACTOR shall comply with the Contract Work Hours and Safety Standards Act(40 US 327-330)as supplemented by Department of Labor Regulations(29 CFR Part 5). 19.5 CONTRACTOR shall comply with the Florida Trench Safety Act. 19.6 CONTRACTOR shall comply with the OSHA Safety Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITME : RIC-MAN TERNA • •'AL,INC. Signature BY: � . 'i tt ►a4ko . R � -E %/o /ceside4t • Print Name ATTEST: CITY OF S ' ' ISLES BEACH n BY: Jane • . Hines,MMC, City Clerk George . Scholl, Mayor APPROVED AS TO FORM AND LEG:L SU F CIENCY BY: . •_�� s Ottinot City A torney 37 SJ 1 �S�"NY'SFs City of Sunny Isles Beach Ate ` 18070 Collins Avenue ; Sunny Isles Beach, Florida 33160 sF 91. F oSk‘ •,w (305)947-0606 City Hall e,rr OF 5.-0t4 `'� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 1/21/2016 Resolution Approving 1st Amendment to a Contract with RE: Ric-Man International, Inc. for the Design and Construction Gateway Park Pedestrian Bridge RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: Resolution 2014-2277 granted authorization for the City Manager to negotiate a contract with Ric-Man International Inc for the award of RFP 13-08-01, which related solely to the design and construction of a Pedestrian Bridge at Gateway Park. A Design-Build contract was made and entered into between the City and Ric-Man International, Inc. on December 14th, 2014 for a Guaranteed Maximum Price of $2.1M. The attached amendment no. 1 requests both an increase in the contractual Guaranteed Maximum Price (GMP)and an extension of the allotted time frame. Pursuant to the terms of the Agreement, the Contractor was allotted a maximum of 75-days from conceptual design approval to submit for permits, and 90-days thereafter to start construction. The Notice-to- Proceed for the project was issued on January 14th, 2015. The permit process for the bridge involves various agencies outside the City jurisdiction. Correspondence from Ric-Man International, Inc dated • 333 September 30th, 2015 revealed that permit timeframes in excess of 259 days. To date, coordination for many of the permits referenced in the correspondence is still on-going. In the elapsed timeframe, there has been an escalation of market prices, resulting in a cost increase for various project components including the material and services for the electrical components, maintenance of traffic, the steel bridge members and the masonry for the bridge pedestals. The proposed 1st amendment also includes an upgrade to the originally specified decorative lighting system. Ric-Man's contract price was based on installing lighting on the bridge bottom chord only. A design alternative included in Ric-Man's proposal was to utilize linear lighting on both the top and bottom chord of the bridge. Based on feedback from the City, the lighting system was upgraded to the latter. During the course of design for the bridge, design changes were required to accommodate permit comments and actual field conditions. The easement and project limits established for the southern pedestal of the bridge were based on conceptual plans. During the design process of the bridge, it was observed that a portion of the Gateway garage actually sat within the limits which had previously been theoretically established for the bridge pedestal. In order to eliminate this conflict the bridge, a redesigned of the bridge foundation is required. This 1st amendment requests a budget increase of $277,665.56 as well as an additional 371 days to attain final project completion. The new contract completion date proposed by this amendment is January 13, 2017. ADDITIONAL INFORMATION: The original contract value was $2,100,000. The total monetary value will be increased by $277,665.56 for a new contract value of $2,377,665.56. FUNDING SOURCE: Account# 300-6-5720-465XXX-15002. ATTACHMENTS: Description Resolution First Amendment to Agreement Item Number: 10.1. 334