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CSR Heavy Construction, Inc. Contract COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 049-2013TC, for the City of Miami Beach Flamingo Park Football Field/Track Renovation Project; Authorizing the Mayor and City Clerk to Execute an Agreement with CSR Heavy Construction, Inc., in the Amount of $2,266,016, for the Construction of the Project, Plus Approve a Project Contingency of 10% for a Not-to-Exceed Grand Total of $2,492,618; Further Authorizing the Administration to Engage in Value Engineering to Further Reduce the Cost and Time for Completion of Said Project. Key Intended Outcome Suppo rted: Ensure well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and timely delivery of capital pr9jects. Supporting Data (Surveys, Environmental Scam,etc.):The 2012 Customer Satisfaction Survey Indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Item Summary/Recommendation: The football field and track, located at Flamingo Park, are in critical need of replacement and not adequate to serve the large volume of users of the park, as well as visitors attending City of Miami Beach sponsored events. The scope of work for the Flamingo Park Football Field/Track Renovation Project was included in the BOOR prepared by Wolfberg, Alvarez and Partners (WAP). The scope of work generally includes the following items: installation of artificial turf for the football field including drainage; sports lighting; new track; renovation of the existing bleacher building with ADA upgrades,including restrooms,concession area and control room. Invitation to Bid (ITB) 049-2013TC was issued on January 31, 2013, with an opening date of March 29, 2013. The pre-bid conference was held on February 13,2013. The Public Group issued bid notices to 79 prospective bidders of which 27 accessed the advertised solicitation. In addition, 185 vendors were notified via email,which resulted in the receipt of eight(8)proposals. Through the Procurement Division's review of each bid for responsiveness, Caribe Utilities of Florida, Inc., the lowest bidder, with a total base bid of$1,946,715, was deemed nonresponsive for failing to provide a general contractor license which is a mandatory requirement of the ITB. Also, Carivon Construction Co. was deemed nonresponsive for failing to submit,with their bid or after request by the City, required information, including, but not limited to:licenses,references and other solicitation requirements. The Administrative Review Panel convened on April 4, 2013, to interview the responsive bidders. Upon completion of the interviews, the Panel discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly pursuant to the evaluation criteria noted in the ITB. CSR Heavy Construction, Inc. received three of four first-place votes for contract award. In regards to the Panel's selection of CSR Heavy Construction Inc., the Panel indicated that CSR demonstrated the most extensive knowledge and experience in installing artificial turf and tracks, drainage, and building renovations. As to the bidders that submitted lower base bids, their experience and knowledge of the turf installation, a critical component of the project,did not match that of CSR. CSR acknowledged the construction Contract requirements of 120 calendar days duration to achieve substantial completion and the amount of liquidated damages recoverable for each calendar day the Contract is delayed. After considering the review and recommendation of City staff,the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result,the City Manager recommends to the Mayor and City Commission to award the construction contract to CSR Heavy Construction, Inc. as the lowest and best responsive bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $ 619,994 301-2320-069357-Quality of Life Tax Fund 2 $ 524,600 305-2320-069357-Quality of Life Resort Tax 3 $ 575,275 383-2320-067357-2003 GO Bonds-Parks&Beaches 4 $ 546,147 388-2320-069357-MDC CDT Interlocal 5 $ 61,999 301-2320-069358-Quality of Life Tax Fund 6 $ 52,460 305-2320-000356-SB Quality of Life Resort Tax 7 $ 112,143 388-2320-069358-MDC CDT Interlocal OBPI Total $2,492,618 City Clerk's Office Legislative Tracking: Fernando Vazquez,ext.6135 Sign-Oft, Dep r'trr nt Dlk#or I Assis City City M of FV A JGG PD JLM T:L4GEtJI7AWprli 17 Ml PARK FOOTBALL FIEL 049-2013TC-Flamingo Football Track Renovation Sum+nary,doc M I Alit L B EAC H Agenda Item 362 Date y-f7T IM-P MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me' bers of t e City Commission FROM: Jimmy L. Morales, City Manager, DATE: April 17, 2013 SUBJECT: REQUEST FOR APPROVAL O AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 049-2013TC, FOR THE CITY OF MIAMI BEACH FLAMINGO PARK FOOTBALL FIELD/TRACK RENOVATION PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CSR HEAVY CONSTRUCTION, INC., IN THE AMOUNT OF $2,266,016 FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY OF 10% FOR A NOT-TO-EXCEED GRAND TOTAL OF $2,492,618; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and timely delivery of capital projects. FUNDING $619,994 301-2320-069357—Quality of Life Tax Fund $524,600 305-2320-069357—Quality of Life Resort Tax $575,275 383-2320-067357—2003 GO Bonds - Parks & Beaches $546,147 388-2320-069357—MDC CDT Interlocal $ 61,999 301-2320-069358—Quality of Life Tax Fund $ 52,460 305-2320-000356—SB Quality of Life Resort Tax $112,143 388-2320-069358— MDC CDT Interlocal $2,492,618 Total BACKGROUND The football field and track at Flamingo Park are in critical need of replacement. Existing facilities are in poor condition, and not adequate to serve the large volume of users of the park, as well as visitors attending large City-sponsored events in surrounding areas. The Flamingo Park Football Field and Track Renovation Project scope of work was included in the master plan designed by Wolfberg, Alvarez and Partners (WAP). SCOPE OF SERVICES The scope of services comprises of the new construction and renovation of the Flamingo Park football field and track including the existing bleacher and bathroom building. This project will encompass the new construction and renovation of the City of Miami Beach Flamingo Park 363 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation April 17, 2013 Page 2 Football Field/Track Renovation project. The work generally includes the following items: installation of artificial turf for the football field including drainage and sports lighting; two new drainage wells; new 8 lane track; renovation of the existing bleacher building with ADA upgrades, including restrooms, concession and control room. During the bid process for Invitation to Bid (ITB) No. 049-2013TC, the Procurement Division received numerous questions that requested clarification or additional information as it pertained to artificial turf specifications contained in the released ITB. After several meetings and discussions on the topic, on March 22, 2013, the Administration, after requesting legal clarification regarding sole source requirements, identified that FieldTurf Revolution artificial turf was the product that would be allowed for installation at the Flamingo Football Field and no other product substitutions would be permitted pursuant to Section 00300, Instructions to Bidders, of the ITB. After review of questions received and considering the project Engineer of Record's recommendations and concurrence by staff, Addendum No. 8 was released on March 22, 2013, amending the specification section 02925 to identify FieldTurf Revolution by FieldTurf International, Inc. as the product for the artificial turf and allowing for no substitutions. FieldTurf Revolution is a state-of-the-art product as noted by our project Engineer of Record (A/E). The manufacturer utilizes ridged monofilament fibers extruded from a proprietary polymer with Ultra Violet (UV) inhibitors. The fibers are tufted into a porous backing and sealed in a configuration that assures maximum drainage capabilities. Finally, the installed turf is installed with a three (3) layer infill system of cryogenic rubber and silica sand that provides the best combination of safety and playability. Many of these processes and configurations are patented by Fieldturf making it problematic to find an equivalent competitive product. FieldTurf is a leading manufacturer in the turf industry with longstanding results in hundreds of fields nationwide. FieldTurf is the artificial surface of choice in the National Football League with seven (7) NFL stadiums and over a dozen NFL practice fields, as well as the Hall of Fame Field and the Pro Bowl. FieldTurf is also utilized by over 150 colleges including major programs such as Oregon, Texas, Michigan, Washington, Nebraska, Maryland, Iowa, Boston College and many others. In addition to their leadership in the industry, Fieldturf carries an eight(8) year warranty backed by a $32 million insurance policy, to support the company's warranty for all its products, which is unmatched in the industry. FieldTurf was the first company in the artificial turf industry to introduce an insured warranty in 1999. Within the artificial turf industry an insured warranty has become a necessity. With FieldTurf's industry leading warranty protection, there is no deductible, no limit per claim, and no retention. Most importantly, FieldTurf fields are automatically covered for 8 years upon issuance of the Warranty Certificate and no reporting is required- meaning that all FieldTurf fields are covered. ITB PROCESS Invitation to Bid (ITB) 049-2013TC was issued on January 31, 2013, with an opening date of March 29, 2013. The pre-bid conference was held on February 13, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group issued bid notices to 79 prospective bidders of which 27 accessed the advertised solicitation. In addition, 185 vendors were notified via email, which resulted in the receipt of the following eight(8) proposals: • BDI Construction Company • Burke Construction Group, Inc. • Caribe Utilities of Florida, Inc. 364 Commission Memorandum—ITB 049-2013TC—Flamingo Park Football Field/Track Renovation April 17, 2013 Page 3 • Carivon Construction Co. • CSR Heavy Construction, Inc. • TC & F Builders Corp. • TGSV Enterprises, Inc. • West Construction, Inc. Through the Procurement Division's review of each bid for responsiveness, Caribe Utilities of Florida, Inc., the lowest bidder, with a total base bid of$1,946,715, was deemed nonresponsive for failing to provide a general contractor license as — a mandatory requirement of the ITB. Also, Carivon Construction Co. was deemed nonresponsive for failing to submit, with their bid or after request by the City, required information, including, but not limited to: licenses, references, and other solicitation requirements. As a result, the following table provides the proposed total base bid prices, with and without alternates, of the six (6) responsive bids: Total Base Bid Total Base Bid w/Alternates TC&F Builders Corp. $2,038,000.00 $1,986,000.00 TGSV Enterprises, Inc. $2,145,000.00 $2,026,370.00 Burke Construction Group, Inc. $2,192,873.09 $2,125,301.09 BDI Construction Company $2,239,775.00 $2,158,275.00 CSR Heavy Construction, Inc. $2,266,016.00 $2,191,699.00 West Construction, Inc. $2,394,360.10 $2,310,620.10 The Administrative Review Panel consisted of the following individuals and convened on April 4, 2013, to interview the responsive bidders: • Carla Dixon, Capital Projects Coordinator, CIP • Julio Magrisso, Assistant Director, Parks and Recreation • Andrew Plotkin, Parks Facilities Manager, Parks and Recreation • Matilde Reyes, Senior Capital Projects Coordinator, CIP The Panel evaluated each bid based on the following criteria: • 50 Points—Base bid price; • 20 Points— Interview of key personnel; • 10 Points— Risk assessment plan/value added submittals; • 10 Points— Past performance evaluation surveys; • 10 Points—Qualifications of bidder; • 5 Points—Local preference for Miami Beach-based vendors; • 5 Points— Preference for Florida small businesses owned and controlled by veterans and to state-certified service-disabled veteran business enterprises. Upon completion of the interviews, the Panel discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms pursuant to the evaluation criteria noted in the ITB, especially relative to the ITB requirement that bidders have experience with similar (size & scope) projects for field and track installations, and related scope requirements. CSR Heavy Construction, Inc. received three of four first-place votes for contract award as noted below, as the contractor that demonstrated the most extensive knowledge and experience with similar projects: 365 Commission Memorandum-ITB 049-2013TC-Flamingo Park Football Field/Track Renovation April 17, 2013 Page 4 ITB 049-2013TC - Panel Scoring Rankin Dixon Ma risso Plotkin Reyes Total CSR Heavy Construction, Inc. 89 (l) 92 1 90 (l) 87 (2) 358(5) Burke Construction Group, Inc. 86 (2) 89(2) 89 (2) 77 (3) 341 9 BDI Construction Company 85(3) 86 (3) 88 (3) 90(l) 349 10 TGSV Enterprises, Inc. 83 (4) 83 (4) 83 (5) 68(5) 317 18 TC & F Builders Corp. 81 5 Al� 86 4 71 4 311 19 West Construction, Inc 80(6) 80 (6) 64(6) 303 23 As to the bidders that submitted the lower base bids, TC&F Builders Corp. did not document sufficient experience similar to the ITB's scope. In addition, TC&F's limited capability raised concerns of a potential risk to completing the project on time. TGSV Enterprises, Inc. demonstrated limited similar project experience and proposed to sub-contract the majority of the work on this project. Burke Construction Group, Inc. presented experience with parks but had no experience with the installation of artificial turf, tracks or drainage. While BDI Construction Company demonstrated preparedness and proposed a good proactive construction plan, again BDI Construction had limited experience with the installation of artificial turf and tracks. The Panel concluded that CSR demonstrated the most extensive experience with the installation of artificial turf and track surfacing on various projects including Daytona Municipal Football Field and FAU Track & Field. CSR has acknowledged the construction contract requirements of 120 calendar days duration to achieve substantial completion and the amount of liquidated damages recoverable for each calendar day the Contract is delayed. For more information on CSR, see Attachment B. COST ANALYSIS The base bid amount submitted by CSR Heavy Construction, Inc., the fifth highest bidder, was 15% over the A/E estimate of probable construction cost of$1,928,900. The deductive alternate for the 6 lane track identified by the A/E of Record was not elected. Bids received were within the range of 5% to 19%, with the lowest base bid result within the 5% tolerance from the A/E Estimate of Probable Construction Cost(see Attachment A) as identified in C3TS' Professional Service Agreement with the City. The conceptual level budget as identified in the Basis of Design Report (BODR) was $1,330,000. The current bid results are higher and C3TS, the A/E of Record, identified the following factors which impacted the results: • Project schedule was limited to 120 calendars day duration to achieve substantial completion, which is aggressive in order to meet the start of football season. FDOT Right of Way Improvement impacts site access. • Two (2)drainage wells were required by Public Works during permit approval process. • Neighborhood and Park patrons requested that the track be designed and warranted for bicycle and roller blade use; therefore, the track material will meet those requirements and provide an enhanced seven (7)year warranty. • The football field artificial turf manufacturer selected for this project provides an eight(8) year warranty backed by a $32 million insurance policy to • Allowance was added to the budget to cover replacement of unsuitable soils. • A flagpole and field graphics were included in the project scope. • Current market conditions and price escalation since the BODR was prepared in 2009. 366 Commission Memorandum—ITB 049-2013TC—Flamingo Park Football Field/Track Renovation April 17, 2013 Page 5 Pursuant to the Procurement Division's review and acceptance for responsiveness of the bids submitted, the bid price information from the lowest responsive bidder to the highest responsive bidder is tabulated below. The table also shows the percentage over the estimate prepared by the Engineer of Record as follows: Bid A/E Estimate Bid#1 Bid#2 Bid#3 Bid#4 Bid#5 Bld#6 Proposal Base Bid $1,928,900 $2,038,000 $2,145,000 2,192,873 $2,239,775 $2,266,016 $2,394,360 Percent over A/E Estimate 5% 10% 12% 14% 15% 19% CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, I have exercised my due diligence and carefully considered the specifics of this ITB process. As a result, I hereby recommend to the Mayor and City Commission to award the construction contract to CSR Heavy Construction, Inc. as the lowest and best responsive bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. I would like take this opportunity to express my concerns with the procurement approach utilized, an ITB that includes an Administrative Review Panel, which functions in reality as an RFP process . I have never seen this procedure in any other jurisdiction and neither has the Procurement Director. I have met with the Procurement Director and the City Attorney's Office and have directed staff that going forward, the City shall utilize the traditional approach of an ITB where price is the only factor for evaluation of bids. An RFP should be used if there are qualitative factors involved in the evaluation process. This will also mean that all RFPs must be submitted to the Commission for approval prior to issuance, as required by City policy. ITBs are not brought to Commission prior to issuance. Despite my misgivings about the process, I do not want to delay this project since quite a bit of time and effort has been expended to get to this point. I do not want to penalize the students at Miami Beach Senior High and the Hi-Tide football fans with a further delay in use of their home stadium this football season. CONCLUSION The Administration recommends the award of the contract to CSR Heavy Construction, Inc. the lowest and best responsive bidder, pursuant to Invitation to Bid (ITB) 049-2013TC, for the Flamingo Park Football Field/Track Renovation Project, in the amount of $2,266,016; plus approve a project contingency of 10% for a not-to-exceed grand total of $2,492,618; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS • Attachment A-A/E Estimate of Probable Construction Cost • Attachment B-CSR Heavy Construction, Inc. Portfolio JLM/JGG/FV/AD T:IAGENDA120131Apri1 171FLAMINGO PARK FOOTBALL FIELDIITB 049-2013TC-FLAMINGO FOOBALL TRACK RENOVATION-MEMO.doex 367 I - PRELIMINARY CONSTRUCTION COST ESTIMATE Project: Flamingo Park Football Field and Track Improvement Project Stantec Base Bid 8 Lane Track City of Miami Beach Phase:100%Submittal C3TS Project No.:01317-016 Estimate Date:March 29,2013 COD COMPONENT DESCRIPTION QUANTITY UNIT UNIT PRICE SUBTOTAL TOTAL 1 F05-T-8-ALL RELDITRACK fMPROVEMENTB Base Bid 8 Lane 1.0 Demolition 1.1 Clear and Grubing 4.0 Acre 2,500.00 10,000 1.2 Excavate for Field 2,400 CY 5.00 12.000 1.3'Sawcut sidewalk 350 LF 3.00 1,050 Sub total 23.050 2.0 Amenities 2.1 Artificial Turf 1 LS 785,000.00 785,000 2.2 Track Asphalt 20 SY 552500 11.0,500 2.3 Track Coating 55 SY 4,825.00 265,375 2.4 Football Goals 2 EA 5,000.001 10,000 2.5 Fencing 2,0621 LF 12.00 24,744 2.6 Flag Pole 1 LS 5,000.00 51000 Sub total 1 200 619 3.0 Drainage 3.1 Exfiltratlon Trench 370 LF 80.00 29.600 3.2 Solid Drainage Pie 640 LF 35.001 22,400 3.3 CS-Type C 6 EA 3.000.001 18,000 3.4 Driana a Well 21 EA 38,000.001 76,000 3.5 Deck Drain and Piping 350 LF 10.00 3,500 3.6 Curbing 350 LF 20.00 7,000 Sub total 156,500 2 FOOTBALL FIELDM;LACK IMPROVEMENTS- ELECTRICAL Upgrade field Sports fighting 2.1 Removal of odsting fights 8 poles) 8 EA 600.00 4.8W 2.21 Musco Lighting and controls 1 LS 7,475.00 7,475 2.3 Lighting Contactors 1 EA 10,000.00 10,000 2.4 Pole wires from electrical room-No.4 AWG Cooper in 2" 8,000 FT 2.50 20,000 PVC 2.5 150OW Sports light rack per pole 8 EA 5,175.00 41,400 2.6 Relocate electrical boxes in conflict with eight lane track 1 LS 12 000.00 12.000 2.7 New Scoreboard 1 LS 34.051.00 34,051 Sub total 129,726 3 BLEACHERS BUILDING RENOVATION 3.1 Demolition(includes electricall and plumbing) 1 LS 12 000.00 12,000 3.2 New ADA ramp I.ADA seatin -CONCRETE 1 LS 14,000.00 14,000 3.3 New ADA ram /ADA seating-MASONRY 1 LS 8,500.00 8,500 3,4 Aluminum railings 1 LS 16,500.00 16-15-0-0- 3.5 Interior framing.durock 1 LS 4,500.00 4,500 3.6 Ceramic file walls and floor 1 LS 14,000.00 14,000 3.7 New roof over restroom,concession,electrical room 860 SF 25.001 21,500 3.8 New stucco and stucco repair 1 LS 9,500.00 9,500 3.9 Paint interior/exterior 1 LS 16.000.00 16.000 3.101 Custom precast aggregate anels to match existing 1 LS 18 000.00 18 000 3.111 Roll up door-concession 1 EA 300()0.00 0.00 3 000 Flamingo Park Football Field and Track Project C3TS-Stantec Page 1of 2 368 1 - PRELIMINARY CONSTRUCTION COST ESTIMATE Project: Flamingo Park Football Field and Track Improvement Project r Stantee Base Bid 8 Lane Track City of Miami Beach Phase:100%Submittal C3TS Project No.:01317-016 Estimate Date:March 29,2013 COD COMPONENT DESCRIPTION QUANTITY UNIT UNIT PRICE SUBTOTAL TOTAL 3.12 Louvers 2 EA 450.00 900 3.12 6 HM impact resistant doors 6 EA 2,200.00 13.200 3.13 Storefront System-Announcer Booth 1 LS 16,000.00 16.000 3.14 Millwork 1 LS 650.00 650 Sub total 168,250 4 BLEACHERS BUILDING RENOVATION-ELECTRICAL 4.11 600 Amp Main Distribution Panel 1 EA 61500.00 6,500 4.2 Concession Lights 2 EA 500.00 1,000 4.3 Restroom Lights 5 EA 400.00 2,000 4.4 Announcer Booth Lights 2 EA 500.001 1,000 4.5 Exerior Lights 6 EA 300.001 1,800 4.6 Telephone Outlet 3 EA 200.001 600 4.7 Receptacle Outlet 11 EA 200.00 2,200 4.8 Cooper wirling 500 FT 3.50 1.750 4.8 Rough electrical 1 LS 8.500.00 8,500 Sub total 25,350 5 BLEACHERS BUILDING RENOVATION-MECHANICAL &PLUMBING 5.11 Plumb -fixtures-water closets 8 EA 1,500.00 12 000 5,21 Plumbing-fixtures-lavatories 7 EA 800.00 5.600 5.31 Plumbin fixtures-urinals 2 EA 1,200.00 2,400 5.4 Plumbing-fixtures DrWi Fountain 2 EA 2.400.00 4,800 5.5 Plumbing i in -drains-hose bibs 1 LS 6.550.001 5,550 5.6 Mechanical-fans 5 EA 1,500.001 7,500 5.7 Mechanical riffs 5 EA 240.001 1,200 5.8 Mechanical-A/C minis lit 1 lEA 7,000.001 7,000 5.9 Mechanical-Refrigerant piping-ductwork-condensate 1 LS 2,000,00 2,000 5.10 Controls 1 LS 2,000.00 2.000 Sub total 50,050 Sub Total $1,753,545 Overheadand Profit 10% $175,355 Sub Total Construction Cost $1,928.900 Contingency 10% $192,890 TOTAL PROBABLE CONSTRUCTION COSTI $2121 789 Flamingo Park Football Field and Trask Project C3TS-Stantec Page 2of 2 369 M) CSR Heavy Construction, Incorporated General Contractors-Site Contractors Earthwork-Clearing-Underground Utilities-Paving "Family Owned and Operated" Since 1973 s To: City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 i RE: Flamingo Park Football Field/Track Renovation Project/ITB No. 49-2013TC CSR Heavy Construction Inc., A Florida Corporation Founded in 1973, is a third generation family construction company with origins based in post World War II metropolit�ui Detroit, MI. CSR relocated to South Florida in the early 1970's acid has rapidly become one of the top "turnkey" sitework contractors in the area. Our Company provides over 40 years experience in the construction industry specializing in: site clearing/debris removal, grading and excavating, lake excavations, roadway construction including street, highway and parking lot construction, storm drainage,utilities,and environmental/mitigation work. We have also distinguished ourselves as a specialty contractor of athletic track and fields. Our resume includes work on many fields, most notably the recently completed Orange Bowl Committee Carter Park, as well as FAU and Daytona Municipal Stadium. We are proud that our resume of completed athletic construction has afforded us the opportunity of working with the industry's leading artificial turf and track surfacing companies. A true benefit of working with CSR heavy is the luuids on approach you receive. I am personally involved in every aspect of the job process from the estimating,through the actual on- site work,to the job close-out. We are located in Broward County and therefore our physical proximity, as well as our local i ' contacts, distinguish us from other contractors. Furthermore, CSR Heavy takes great pride in ; working on local community projects. - 1 ' We are proud to be recipients of the following awards: -2005 Associaled General Contractors Build Florida Award for a specially contractor, on ( projects over$1,000,000 for the Joseph L. Geriatric Morse Center 1 -2007 Associated General Contractors Build Florida Award for a specialty contractor, on a projects over, 1,000,000 for the FA Track&Field -2008 Associated Building Contractors of FI, "Award of Excellence"for Public Works projects between$5,000,000-$15,000,000,for the Mitigation Operation Center -2008 American Legion "Brick" Dedication,pro-bono community project We are confident that our contracting experience, our exemplary safety record, and our Personalized delivery separates CSR fiom our competition. e r rCtrtta President 90 Southeast Third Court CGCO21743 Deerfield Beach, FL 33441 CGC033948 Phone: 954.421.1264 CGC046079 Fax: 954,421.1601 CC 88-1017 370 1 i 1. 8 CS rD RECENTLY COMPLETED PROJECTS: f ATHLETIC TRACK & FIELD CONSTRUCTION / PARKS r , Contract Proiect Name Owner/Client Amount Comnleted *Orange Bowl Carter Park. City of Ft. Lauderdale $2,300,000 JAN 2013 *CGHS Track&Field Cardinal Gibbons $1,500,000 JAN 2013 *Belen Track&Field Belen Jesuit Prep School $765,000 AUG 2012 St. Andrews Track St. Andrews School $546,500 NOV 2011 *Calvary Track&Field Calvary Chapel Ft. Laud $1,300,000 NOV 2011 i SW 100 St/Linear Park City of Deerfield Beach $206,600 MAR 2011 *Daytona Municipal Stadium City of Daytona Beach $800,000 JUL 2010 *CCHS Track&Field. RDC $421,435 MAR 2010 *DBHS Track& Field RDC $442,560 NOV 2009 St. Elizabeth School St. Elizabeth $350,000 SEP 2009 Zinkil Park City of Hollywood $58,199 FEB 2009 l Pinecresi School Synthetic Turf Int'l $16,595 NOV 2008 Boca Greens Sports Turf One $90,000 JUL 2007 i Jupiter Community Park Sports Turf One $467,184 MAY 2007 t *FA UTrack&Field James A. Cummings $1,578,272 JAN 2007 North Broward Prep School Seawood/Catalfurno $659,020 SEP 2004 McKelthen Park Pavilion City of Deerfield Beach $264,458 MAR 2003 3 Westside Park Playground City of Deerfield Beach $260,000 JUN 2002 Sable Pines Park City of Coconut Creek $693,827 JAN 2001 s Ft. RiverbendlHockey Rink City of Deerfield Beach $398,131 JUL 2001 t ' *Photos attached i . 1 k s 371 i t x - �'3 •� i 3 � `T ss Sir �"�° '. 4 41� r � - �� Hip x c`tii. �", .tom i,. rt3fi 4 ,m m" r �� �. K i x r- ' SDI kil � r a, tov_ + t A so �y a Y C+ P y'. a x SKI a, r ,:z " y' �? �4 !4 - Ml + �." s l x� l r 3 } cc , l r2 q a r x y_ s z r 1 q 9 -X AJA �4 3 JAN.. e, y r, P r y u rV M r tx � x F� rA rC;s a tit a axe, '". 7U 'ZI K n �. Al M •$a *` f ,% •,,; a r x � .. Al k 11 ri A i ,fie 5 � 4 � yi g tS 4i a is f c5 k ,1 , v d v. A } Y r o- .q .. . . .. , . . . ... . . . . . . . mm� � \E/ , �q%� 2 0 � //\ B / � ! «�` < & 5 . � ^ U & » \ < \ 1 �\ � f 372 r. N C%j �Cj NO9 �7 € r ! (o 00 C� � r d� a[ 4 rt s Iki Y ` U :o r .: 1 K o r 373 a0 N 0 O� . p OP J, N t: i ro b j C V i �E f i. j� 374 . . \ � 0 � 9 § ] k \k $ CL \ $ $ @ } \ � u � � ! { � : . < � � m � M � § U U � ! (/ - � } 2� \ �Gf � � \ � � « 375 r g � o roi N o m a' M k ro c a � o � 3 . x ago Iy� e a 'u O LS 0 I � r i r am 376 L0��' ee 0 op 1� Q r O V�p m w O i �(08 �0 CL £ i j N , O 0 � o G 4 44 }}i a 3i, 3 �4 C L` x �L 1 � U 3 � U I _ .1 � Ilia 377 iii .. � . . >s-. . . . . . . . % \ § oQ . C\j § 9 § 2 //§ ! � ) ) ° \ c § }\ e $ / o j 7 « � A � � � } � V � 2 m \ /< . � 378 r 0 F a o co C) ' o 0 0 � p d t i i r k g 3 i z � e � � � f , i i { 379 City of Miami Beach-ITB 049-2013TC Unit Price Bid Breakdown Addendum 8 This Excel document has been formatted to show two(2)decimal places on the form. Bidders are requested to provide unit prices with no more than two(2)decimal places. Should the Bidder provide more than two(2)decimals on the unit price,the City will round the number to the nearest hundredth,this is two(2)decimal places to arrive at the total. The TOTAL BASE BID AMOUNT includes the total cost for the work specified in this Bid,consisting of furnishing all materials, labor,equipment, supervision, mobilization,demobilization,overhead and profit, insurance, permits,and taxes to complete the work to the full intent as shown or indicated in the Contract Documents. The administrative evaluation panel will allocate a total of fifty(50)points based on the TOTAL BASE BID AMOUNT plus none,any,or all alternatives which may be selected,at the City's sole discretion and subject to funding availability.Bidders must fully complete the Schedule of Prices Bid Form to include unit pricing and totals. The cost of any item(s)of work not covered by a specific contract unit price shall be included in the Contract Unit Price to which the item(s)is most applicable. The General Conditions include certain"Allowance"items that have been delineated below.The Contract Unit Price for these allowance items shall be used only upon the City's discretion,as needed.In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. IN THE EVENT OF ARITHMETICAL ERRORS,THE BIDDER AGREES THAT THESE ERRORS ARE ERRORS WHICH MAY BE CORRECTED BY THE CITY. BOTH UNIT PRICE AND EXTENDED TOTAL PRICES MUST BE STATED IN UNITS OF QUANTITY SPECIFIED IN THE BIDDING SPECIFICATIONS. BIDDER AGREES THAT ANY UNIT PRICE LISTED IN THE BID IS TO BE MULTIPLIED BY THE STATED QUANTITY REQUIREMENTS IN ORDER TO ARRIVE AT THE TOTAL IN CASE OF DISCREPANCY IN COMPUTING THE AMOUNT OF THE BID,THE UNIT PRICE SHALL GOVERN. THE CITY WILL NOT ACCEPT ANY REVISION TO THIS UNIT PRICE FORM, DIVISIONS, LINE ITEMS, ADD ALTERNATES, OR GRAND TOTAL BID, AFTER THE DEADLINE FOR RECEIPT OF BIDS. IN ABSENCE OF ANY TOTALS SUBMITTED, THE CITY SHALL INTERPRET AS ZERO. IN THE EVENT OF DISCREPANCY BETWEEN THE PRICE BID IN FIGURES AND THE PRICE BID IN WORDS,THE PRICE IN WORDS SHALL GOVERN. PROJECT: ITB 049-2013TC-City of Miami Beach Flamingo Park Football Field/Track Renovation Project COMPANY NAME: CSR Heavy Construction,Inc. Summary Division 1-General Conditions $288,493.00 Division 2-Sitework $1,490,420.00 Divisions 3 Thru Division 30-Bleacher Building Renovation $221,300.00 Division 15-Bleacher Building Mechanical and Plumbing $51,890.00 Division 16-Lighting/Electrical $213,913.00 Total Base Bid: $2,266,016.00 Deduct Alternate Items for 6 Lane Track $74,317.00 Total Base Bid w/Alternates: $2,191,699.00 Bidder's Affirmation: Written Total: Two Million,Two Hundred Sixty Six Thousand,Sixteen Dollars and No Cents Company: CSR vy Construction,Inc. Address: 90 S!E.Jrd.Qpurt/6eer,:fieI0,qe ,FL 33441 Telephone: 95-42 - Email: aiUI0ckrKeAvdA Signature: L Title/Printed Name: President,Paul Arcella QTY OF MIAMI BEACH 3ID NO:XX-2013TC DATE:February 1, 2013 Page 1 of 3 BIDDERS -DLV_ ITEM-NO_ DESCRIPTION -CIUAN7I�L. __,_ U.NLT -UNLLPJ3LCE- OTAL' - --_ Division 1-General Conditions 1 BONDS AND INSURANCE 1 LS $65,882.00 $65,882.00 2 MOBILIZATION 1 LS $8,187.00 $8,187.00 3 GENERAL CONDITIONS 4 PER MONTH $38,861.50 $155,446.00 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $18,453.00 $18,453.00 5 E-BUILDER 1 LS $500.00 $500.00 6 INDEMNIFICATION 1 LS $25.00 $25.00 7 ALLOWANCE:PERMIT FEES 1 LS $15,000.00 $15,000.00 8 ALLOWANCE:Irrigation 1 LS $15,000.00 $15,000.00 ALLOWANCE:Removal of additional unforeseen unsuitable 9 soils not in areas included in base bid. 1 LS $10,000.00 $10,000.00 Division 1 General Conditions f0tal.1 $288,493.00 Division 2-Sitework 1.0 Demolition 1.1 CLEAR AND GRUBBING 1 LS $6,313.00 $6,313.00 1.2 EXCAVATE FOR FIELD 1 LS $65,312.00 $65,312.00 1.3 SAWCUT SIDEWALK 1 LS $1,500.00 $1,500.00 REMOVAL OF UNSUTABLE SOILS UNDER DRAINAGE 1.4 STRUCTURES,NEW ADA RAMP AND ADA SEATING AREA 1 LS $52,448.00 $52,448.00 2.0 Amenities 2.1 ARTIFICIAL TURF 1 LS $483,690.00 $483,690.00 2.2 TRACK ASPHALT 1 LS $270,299.00 $270,299.00 2.3 TRACK COATING 1 LS $318,999.00 $318,999.00 2.4 FOOTBALL GOALS 2 EA $7,882.50 $15,765.00 2.5 FENCING 1 LS $27,573.00 $27,573.00 2.6 FLAGPOLE 1 LS I 53,053.UUI $3,053.00 2.7 SCOREBOARD FOUNDATION 1 LS $12,271.00 $12,271.00 2.8 ROOT BARRIER 1 LS $2,813.001 $2,813.00 3.0 Drainage 3.1 EXALTRATION TRENCH 1 LS $34,174.00 $34,174.00 3.2 SOLID DRAINAGE PIPE 1 LS $61,779.00 $61,779.00 33 CB-DRAINAGE STRUCTURES 13 EA $3,500.00 $45,500.00 3.4 DRAINAGE WELL 2 EA $22,313.00 $44,626.00 3.5 DECK DRAIN AND PIPING 1 LS $18,535.00 $18,535.00 3.6 ICURBING 1 LS $25,770.00 $25,770.00 Division-2-Sitework-Total:.- 1,490,420.00 4.0 - Divisions 3 thru 10-Bleachers Building Renovation 4.1 DEMOLITION-BLEACHERS BUILDING INTERIOR 1 LS $15,129.00 $15,129.00 4.2 NEW ADA RAMP/ADA SEATING/SIDEWALK-CONCRETE 1 LS $33,652.00 $33,652.00 4.3 NEW ADA RAMP/ADA SEATING/BUILDING -MASONRY 1 LS $5,550.00 $5,550.00 4.4 ALUMINUM RAILINGS 1 LS $39,072.00 $39,072.00 4.5 INTERIOR FRAMING,DUROCK 1 LS $7,047.00 $7,047.00 4.6 CERAMIC TILE WALLS AND FLOOR 1 LS $18,968.00 $18,968.00 NEW ROOF OVER RESTROOM,CONCESSION,ELECTRICAL 4.7 ROOM,AND CONTROL ROOM 1 LS $10,499.00 $10,499.00 4.8 NEW STUCCO AND STUCCO REPAIR 1 LS $3,345.00 $3,345.00 4.9 PAINT INTERIOR/EXTERIOR 1 LS $5,244.00 $5,244.00 4.1 CUSTOME PRECAST PANELS TO MATCH EXISTING 1 LS $22,536.00 $22,536.00 4.11 ROLL UP DOOR-CONCESSION 1 EA $2,720.00 $2,720.00 4.12 LOUVERS 2 EA $795.50 $1,591.00 4.12 HOLLOW METAL IMPACT RESISTANT DOORS 6 EA $2,739.33 $16,436.00 4.13 STOREFRONT SYSTEM-CONTROL ROOM 1 LS $23,741.00 $23,741.00 4.14 MILLWORK 1 LS $742.00 $742.00 4.15 TOILET PARTITIONS/ACCESSORIES&SIGNAGE 1 LS $15,028.00 $15,028.00 Divisions 3 thru 30-Bleachers Building Renovation Total: $221,300.00 5.0 - Division 15 Bleachers Building Renovation-Mechanical and Plumbing 5.1 PLUMBING-FIXTURES-WATER CLOSETS 8 EA $1,500.001____$12,000-00 5.2 PLUMBING-FIXTURES-LAVATORIES 7 EA $1,500.001 $10,500.00 S.3 PLUMBING-FIXTURES-URINALS 2 EA $1,500.00r $3,000.00 BID NO:XX-2013Y DATE: February 1,2013 Page 2of 3 5.4 PLUMBING-FIXTURES-DRINKING FOUNTAIN 2 EA $2,500.00 $5,000.00 5.5 PLUMBING-FIXTURES-SINKS-CONCESSION 1_ _ _ LS _ $1,500.00 _ $1,500.00 5.6 PLUMBING-PIPING DRAINS-HOSE BELTS 1 LS $1,500.00 $1,500.00 5.7 PLUMBING-BACKFLOW PREVENTER 1 LS $1,500.00 $1,500.00 5.8 PLUMBING-GREASE TRAP 1 LS $5,166.00 $5,166.00 5.9 MECHANICAL-FANS 5 EA $1,150.00 $5,750.00 5.10 MECHANICAL-GRILLS 5 EA $125.00 $625.00 5.11 MECHANICAL-A/C MINI SPLIT 1 EA $3,149.00 $3,149.00 MECHANICAL-REFRIGERANT PIPING-DUCTWORK- S.12 CONDENSATE 1 LS $1,200.00 $1,200.00 5.13 ICONTROLS 1 LS $1,000.00 $1,000.00 Division 15=Bleachers Building Renovations-Mechanical and Plumbing Total: - $51,890.00 6.0 - Division 16-Lighting/Electrical-Football Field/Track Improvements-Electrical Football Field/Track Improvements-Electrical Upgrade Field Sports Lighting 6.1 REMOVAL OF EXISTING LIGHTS 1 LS $5,302.50 $5,302.50 6.2 LIGHTING AND CONTROLS 1 LS $124,078.50 $124,078.50 6.3 LIGHTING CONTRACTORS 1 LS $2,121.00 $2,121.00 POLE WIRES FROM ELECTRICAL ROOM-INCLUDING 6.4 COPPER WIRES/PVC CONDUIT 1 LS $4,242.00 $4,242.00 6.5 150OW SPORTS LIGHT RACK PER POLE 8 EA $2,520.00 $20,160.00 RELOCATE ELECTRICAL BOXES IN CONFLICT WITH EIGHT 6.6 LANE TRACK 1 LS $12,726.00 $12,726.00 6.7 NEW SCOREBOARD 1 LS $13,307.00 $13,307.00 Football Field/Track Improvements-Electrical Sub-Total: .-$181,937.00 Bleachers Building Renovation-Electrical 6.8 600 AMPS MAIN DISTRIBUTION PANEL 1 EA $3,988.00 $3,988.00 6.9 CONCESSION LIGHTS 2 EA $551.00 $1,102.00 6.1 RESTROOM LIGHTS 5 EA $551.00 $2,755.00 6.11 CONTROL ROOM LIGHTS 2 EA $552.00 $1,104.00 6.12 EXTERIOR LIGHTS 6 EA $551.00 $3,306.00 6.13 TELEPHONE OUTLET 3 EA $111.00 $333.00 6.14 RECEPTACLE OUTLET 11 EA $220.00 $2,420.00 6.15 COOPER WIRING AND CONDUITS 1 LS 1 $16,968.00 $16,968.00 Bleacher Building Renovation-Electrical Subtotal: $31,976.00 Division 16-Ughting/Electrical Total:1 $213,913.00 Total Base Bid:1 $2,266,016.00 7.0 Deduct Alternate-Provide 6 Lane Track Expansion in Lieu of 8 Lane Track 7.1 DEDUCT ALTERNATE O PRO LANE TRACK IN LIEU O 8 LANE TRACK 1 LS $74,317.00 $74,317.00 Deduct Alternate Total: $74;317.00 Total Base Bid w/Altemate: .$2,191,699.00 DTY OF MIAMI BEACH 31D NO:XX-2013TC DATE: February 1,2013 Page 3of 3 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and CSR HEAVY CONSTRUCTION, INCORPORATED, hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK � Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 1�1 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. -Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty (120) calendar days P from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. i 70 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. 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 Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [X] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost 71 of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ j This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 72 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as- built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. 73 ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. 74 The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: CSR Construction, Incorporated Southwest Third Court Deerfield Beach, Florida 33441 Attn: Paul Arcella, President Phone: 954-421-1264 Fax: 954-421-1601 paul(a)-csrheavy.com 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 75 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 76 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: H CITY Ot MIAMI BEACH / 3 City lerk ......... . Contractor MUST EXECUTE . S INDICATED BELOW. USE CORPORATION OR NONCOR AS APPLICABLE. ACORP ORATED [If incorporated sign below.] ;• ,�� CH 26 Contractor ATTEST: ation) �. By: � (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of / , 2013 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of 20_ CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Cii ate 77 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID No:49-2013TC CITYOF MIAMI BEACH DATE: March 1,2013 78 GREAT AMERICAN INSURANCE COMPANY 301 E 41" Street Cincinnati, Ohio 45202 513-369-5000 Bond No.: 5449121 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Contractor Name: CSR Heavy Construction, Inc. 90 SE ) Court Deerfield Beach, FL. 33441 Phone Number: 954 421-1264 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL. 33139 305 673-7000 Contract Number: 049-2013TC Project Description: Flamingo Park Football Field/Track Renovation Project Bond No: 5449121 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We CSR Heavy Construction, Inc as Principal, hereinafter called Contractor , andGreat American Insurance G&Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of * 2, 492, 618.00 Dollars ($ * ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, *Two Million Four Hundred Ninety Two Thousand jointly and severally. Six Hundred Eighteen & 00/100 WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract 049-2013TC No.: , awarded the 17 day of April , 20 13 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract'; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of Flamigo Park FootballField/Track Renovati,dh-- Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract,. City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 11. Complete the.'Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such,Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID No:49-2013TC CITYOF MIAMI BEACH DATE:March 1,2013 79 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder; the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 18 day of April 201 3 WITNESSES: CSR Beaw Construction, Inc. orporation) Secretary By: ;6ignat4urej (C ORPORATE SEAL) Paul Arcella, President (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Great American Insurance Co. By: Age ttorney-in-Fact Address: 301 E 4th Street Cinctinnati, OH 45202 (City/State/Zip Code) Telephone No.: 513 369-5000 BID No:49-2013TC CITYOF MIAMI BEACH DATE:March 1,2013 80 I 00720. FORM OF PAYMENT BOND BY THIS BOND, We . CSR Heavy Construction, Inc. as Principal, hereinafter called Contractor , and Great American Ins. Co. as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of *$2,492, 618.00 Dollars ($ * ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and Two Million Four Hundred Ninety Two Thousand assigns,jointly and severally. Six Hundred Eighteen & 00/100 WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 049-201 3TC , awarded the 17 day of April , 20 13 , with City which Contract Documents are',by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all labor, materials and supplies used direct) or indirect) b PP y y y Contractor In the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its,labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for.the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID No:49-2013TC CITYOF MIAMI BEACH DATE:March 1,2013 81 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this—18 day of April 20 13 Contractor ATTEST: CSR Heavy Construction, Inc. L L US oration) By: (Secretary) Paul Arcella, President (Corporate Seal) (Print Name and Title) 18 day of April , 2013 IN THE PRESENCE OF: INSURANCE COMPANY: Great American Insurance Co. By: Agen a omey-in-Fact Address: 301 E 4th Street CinR Tfiti, OH 45202 (City/State/Zip Code) Telephone No.: 513 3 6 9-5 0 0 0 BID No:49-2013TC CITYOF MIAMI BEACH DATE: March 1,2013 82 I GREAT AMERICAN INSURANCE COIMPANYO Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 ® 513-369-5000 ® FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No.O 20136 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attomey-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power THEODORE J.JEDLICK DAVIE,FLORIDA ALL DEBORAH ANN MURRAY TAMPA,FLORIDA $75,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 18th day of October 1 2011 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 18th day of October 2011 , before me personally appeared DAVID C. KITCHIN,to me known,being duly swom,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEIM STATE OF OHIO M NOTARY PUBLIC, EXPIRES XPIRESS 02-20-16 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the C'ompanv. as.surety,any and all bonds,undertakings and contracts ofsuretyship,or other written obligations in the nature thereof.to prescribe their respective dirties and the respective limits of their authority:and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship. or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company.to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1,STEPHEN C.BERA HA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this day of AP l.I Zd 3 , 4e, e. :3 .,suo Qi ... 4YrF Assisrant Secretary S1029AC(4111) F CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bateman Gordon and Sands PHONE FAX No.iAIC,3050 North Federal Hwy E-MAIL 954-941-0900 A/C No): - - Lighthouse Point FL 33064 ADDREsscerts@bgsagency.com AFFORDING COVERAGE NAIC P INSURER A-.AMeriSUre Insurance Co. 19488 INSURED CSRHE INSURER BAmerisure Mutual Insurance C S R Heavy Construction Inc.and INSURER C DL Lanzon Enterprises Inc. INSURER D 90 SE 3 Court Deerfield Beach FL 33441 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:448281472 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A GENERAL LIABILITY Y CPP207917301 011/2012 0/1/2013 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE IT]OCCUR MED EXP(Any one person) $5,000 X Broad Form PD PERSONAL 8 ADV INJURY $1,000,000 X XCU/Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LABILITY CA207641102 /1/2013 /1/2014 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS B X UMBRELLA LIAB X OCCUR CU20791740003 10/1/2012 0/1/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTION$0 $ A WORKERS COMPENSATION 0201872209 /1/2013 11/2014 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE❑ E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED' NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEq$500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 A Scheduled Equipment CPP207917301 10/1/2012 0/1/2013 Limit $1,209,730 Rental 8 Leased Equipment Limit $250,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Miami Beach is listed as an additional insured on General Liability coverage only when required by written contract,subject to terms, conditions,and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach FL 33139 IkUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD