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ITB 013-2013TC FEMA Impact Window Replacement Project O V INVITATION TO BID FOR THE FEMA IMPACT WINDOW REPLACEMENT PROJECT ITB No. 013-201 3TC f� BID ISSUANCE DATE: MARCH 15, 2013 BID OPENING: APRIL 15, 2013 AT 3 P.M. Theo Carrasco, Ph.D., CPPO, CPPB, Senior Procurement Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov MIAMIBEACH. COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 013-2013TC, for the FEMA Impact Window Replacement Project; Authorizing the Mayor and City Clerk to Execute an Agreement with Sunryse Construction Services, Inc.; in the Amount of $1,012,451.41, for the Construction of the Project, Plus Approve a Project Contingency of 10% for a Not-to-Exceed Grand Total of $1,113,696.55; Further Authorizing the Administration to Engage in Value Engineering to Further Reduce the Cost and Time for Completion of Said Project. Key Intended Outcome Supported: Ensure well-maintained facilities Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or"good." Issue: Shall the City Commission award the contract? Item Summary/Recommendation: The windows and glass doors at the facilities located at 555 17"' Street (555 Building), 1701 Meridian Avenue (777 Building), the 21St Street Community Center located at 2100 Washington Avenue, and Fleet Management/Sanitation buildings located at 140 MacArthur Causeway are not impact-resistant and are aging, and in some cases, leaking during rain events causing humidity and other issues. The federally-funded grant agreement received by the City will provide the opportunity to retrofit the windows and doors at these facilities. As a result, current windows and glass doors will be removed and replaced with impact-resistant windows and glass doors. This project is extremely time-sensitive in that the City's FEMA grant agreement expires on August 17, 2013, and all work must be completed by then if an extension is not granted. Invitation to Bid (ITB) 013-2013TC was issued on March 15, 2013, with an opening date of April 24, J 2013. The Public Group and Bidnet issued bid notices to 50 and 192 prospective bidders respectively I of which 24 prospective bidders accessed the advertised solicitation. In addition, 47 vendors were notified via email. The pre-bid conference was held on March 25, 2013, which included a walkthrough of all four facilities that day for bidders to inspect each of the facilities. On April 3, 2013, as requested by bidders, a second walkthrough was conducted. Three (3) bids were received from: The Window Guys of South Florida, Inc.; Sunryse Construction Services, Inc.; Miami Beach Restoration dlb/a Miami Beach Storm Protection. After the review of bids received, staff determined, after consulting with the City attorney's office, that The Window Guys of Florida, Inc., the lowest bidder at $904,864.74, was nonresponsive for failing to fully complete the bid form, as required in the ITB. Accordingly, staff recommends that Sunryse Construction Services, Inc., Florida, the second-lowest bidder at $1,012,451.41, a responsive and responsible bidder, be considered for award. 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 Sunryse Construction Services, 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 $671,582.00 Fund 303—Grant Funded Capital Projects 2-" $442,114.55 Fund 125—Ca ital Renewal and-Replacement Total °" $1,113,696.55 t cial Impact Summary: N/A City Clerk's Office Legislative Tracking: Jay Fink,ext.6319 Sign-Offs: Dep ent Director A nt Cit Manag Cit M 'a er : . AD M ,�A . KGB JLM T:\AGENDA\2013\May 8\ITB 013-2013TC—FEMA Window Replacement Summary.doc V IM MIAMIBEACH AGENDA ITEM 315 DATE 54-15 MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem ers of the Ci Commission FROM: Jimmy L. Morales, City Manager i DATE: May 8, 2013 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 013-2013TC, FOR THE FEMA IMPACT WINDOW REPLACEMENT PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SUNRYSE CONSTRUCTION SERVICES, INC.; IN THE AMOUNT OF $1,012,451.41, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY OF 10% FOR A NOT- TO-EXCEED GRAND TOTAL OF $1,113,696.55; 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 and ensure quality and timely delivery of capital projects. FUNDING $671,582.00 Fund 303—Grant Funded Capital Projects $442,114.55 Fund 125 — Capital Renewal and Replacement $1,113,696.55 Total BACKGROUND The windows and glass doors at the facilities located at 555 17th Street (555 Building), 1701 Meridian Avenue (777 Building), the 2151 Street Community Center located at 2100 Washington Avenue, and Fleet Management/Sanitation buildings located at 140 MacArthur Causeway are not impact-resistant and are aging, and in some cases, leaking during rain events causing humidity issues. The federally-funded subgrant agreement has provided the City with the opportunity to retrofit the windows and doors at these facilities. As a result, current windows and glass doors will be removed and replaced with impact-resistant windows and glass doors. This project is extremely time-sensitive in that the City's FEMA grant agreement expires on August 17, 2013, and all work must be completed by then if an extension is not granted. SCOPE OF SERVICES The Contractor shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities, and any other items necessary to complete the existing conditions assessment, removal of existing windows and doors, and the design and installation of new impact resistant windows and doors at the locations noted above. 316 Commission Memorandum—ITB 060-2013TC—Sunset Harbour Pump Stations Retrofit May 8, 2013 Page 2 ITB PROCESS Invitation to Bid (ITB) 013-2013TC was issued on March 15, 2013, with an opening date of April --- 24, 2013. The pre-bid conference was held on March 25, 2013, which included a walkthrough of all four facilities that day for bidders to inspect each of the facilities. On April 3, 2013, at the request of the bidders, a second walkthrough was conducted for bidders to conduct further inspections, measurements, and selective demolitions. The Public Group and Bidnet issued bid notices to 50 and 192 prospective bidders respectively of which 20 and 4 accessed the advertised solicitation respectively. In addition, 47 vendors were notified via email. Bids were received from: • Miami Beach Restoration d/b/a Miami Beach Storm Protection • Sunryse Construction Services, Inc. • The Window Guys of Florida, Inc. The Window Guys of Florida, Inc., the lowest bidder at $904,864.74, was deemed nonresponsive for failing to fully complete the unit prices and quantities, as instructed in the unit price breakdown form. Also, Miami Beach Restoration d/b/a Miami Beach Storm Protection, the highest bidder at $1,176,339.03, was deemed nonresponsive for failing to provide material information (e.g. proof of licenses and work experience, etc.) that was requested by the Procurement Division. As a result, Sunryse Construction Services, Inc., Florida, the second- lowest bidder at $1,012,451.41, was the only bidder deemed responsive. CITY MANAGER'S DUE DILIGENCE 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 Sunryse Construction Services, 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. CONCLUSION The Administration recommends the award of the contract to Sunryse Construction Services, Inc., the lowest and best responsive bidder, pursuant to Invitation to Bid (ITB) 013-2013TC, for the FEMA Impact Window Replacement Project, in the amount of $1,012,451.41; plus approve a project contingency of 10% for a not-to-exceed grand total of $1,113,696.55; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. JLM/JGG /AD 317 City of Miami Beach Unit Price Breakdown Form Addendum 3 This Excel document has been formatted to show two decimal places on the form. Bidders are requested to provide unit prices with no more than two decimal places. Should the Bidder provide more than two decimals on the unit price,the City will round the number to the nearest hundredth,this is two 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. Any alternates may be selected at the City's sole discretion and based on 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 A DISCREPANCY BETWEEN THE PRICE BID IN FIGURES AND THE PRICE BID IN WORDS,THE PRICE IN WORDS SHALL GOVERN. PROJECT: ITB 013-2013TC-FEMA Impact Window Replacement Project COMPANY NAME: Summary Group 1 Group 2 Group 3 Group 4 Total 140 MacArthur 555 17 St 1701 Meridian 2100 Wash. Division 1-General Conditions $ 17,950.07 $ 24,296.32 $ 61,593.60 $ 34,415.42 $ 138,255.41 Division 2-Existing Conditions $ 16,355.00 $ 18,084.00 $ 66,708.50 $ 32,576.00 $ 133,723.50 Division 3-Concrete $ 2,000.00 $ 1,000.00 $ 11,600.00 $ 19,600.00 $ 34,200.00 Division 4-Masonry $ 1,000.00 1 1,000.00 Division 6-Wood,Plastics and Composites $ 1,950.00 $ 1,700.00 $ 2,600.00 $ 2,787.50 $ 9,037.50 Division 7-Thermal and Moisture Protection $ 3,900.00 $ 3,650.00 $ 6,750.00 $ 4,795.00 $ 19,095.00 Division 8-Openings $ 64,858.00 $ 102,249.25 $ 310,321.50 $ 156,861.25 $ 634,290.00 Division 9-Finishes $ 4,747.50 $ 5,665.00 $ 19,675.00 $ 7,037.50 $ 37,125.00 Division 10-Specialties $ - $ - $ - $ - $ - Division 16-Electrical $ 1,000.00 $ 1,200.00 $ 1,000.00 $ 2,500.00 $ 5,700.00 Subtotal $ 112,760.57 $ 158,844.57 $ 480,248.60 $ 260,572.67 Indemnification(per bidder/not by location): $ 25.00 Total Base Bid: $ 1,012,451.41 Bidder's Affirmation: Written Total: One Million twelve thousand four hundred and fifty one 41/100 Company: Sunryse Construction Services Inc. Address: 3061 SE Waaler Street,Stuart FI 34997 Telephone: (772)219-3506 Email: sunr secsi cs.corn y. Signature: Title/Printed Name: I;�,�,�� �. /> 1C T.It 5 Note: Contractor is to field verify all dimensions and quantity and existing conditions prior to bid. 'Includes but not limited to the demolition/removal of wood blocking,sealants,misc.hardware,window sills,door thresholds and preparation to install new windows including selective demolitions and cutting of existing materials to enable installation. "Includes but not limited to the intallation of windows including any blocking,sealants,hardware,window sills,thresholds, restoration of any connecting partition(s)or metal flashings,plaster,stucco,painting,stepped metal frame attachement,etc. as required to restore to match with existing conditions,except as required to comply with current codes and project specifications. Costs for all of the above to be included in this line item unless it is sufficiently included elsewhere. GROUP 1-FLEET-140 MACARTHUR CAUSEWAY ITEM BIDDERS DIV. NO DESCRIPTION QUANTITY UNIT I UNIT PRICE TOTAL Division 1-General Conditions 1 BONDS AND INSURANCE 1 LS $ 2,320.26 $2,320.26 2 MOBILIZATION 1 LS $ 5,000.00 $5,000.00 3 GENERAL CONDITIONS 1 LS $ 9,481.05 $9,481.05 4 ALLOWANCE: PERMIT FEES 1 LS $ 1,148.76 $1,148.76 Division 1-General Conditions Total:j $17,950.07 Division 02 00 00-Existing Conditions 5 SELECTIVE DEMOLITION-type A* 61 SF $ 10.00 $610.00 6 SELECTIVE DEMOLITION-type B* 455 SF $ 10.00 $4,550.00 7 SELECTIVE DEMOLITION-Type C* 61 SF $ 10.00 $610.00 8 SELECTIVE DEMOLITION-Type D* 55 SF $ 10.00 $550.00 9 SELECTIVE DEMOLITION-Type E* 96 SF $ 10.00 $960.00 10 SELECTIVE DEMOLITION-Type F* 64 SF $ 10.00 $640.00 11 SELECTIVE DEMOLITION-Type G* 48 SF $ 10.00 $480.00 12 SELECTIVE DEMOLITION-Type H* 44 SF $ 10.00 $440.00 13 SELECTIVE DEMOLITION-Type J* 122 SF $ 10.00 $1,220.00 14 SELECTIVE DEMOLITION-Type K* 32 SF $ 10.00 $320.00 15 SELECTIVE DEMOLITION-Type L* SF $ - $0.00 16 SELECTIVE DEMOLITION-Type 1* 3 EA $ 500.00 $1,500.00 17 SELECTIVE DEMOLITION-Type 2* 1 EA $ 500.00 $500.00 18 SELECTIVE DEMOLITION-Type 3*, Door 1 EA $ 500.00 $500.00 19 FURNITURE MOVING 1 EA $ 500.00 $500.00 Saw cut& remove stucco, cmu, concrete, $ 7.00 $2,975.00 20 gypsum plaster/finishes as requ'd 4251 LF Division 2-Existing Conditions Total: $16,355.00 Division 03 00 00-Concrete 21 Structural Repairs 250 SF 1 $ 8.00 1 $2,000.00 Division 3-Concrete Total: $2,000.00 Division 06 00 00-Wood,Plastics and Composites 22 3/4" PLYWOOD 400 SF $ 1.25 $500.00 23 PLASTIC SHEETING,TEMPORARY PROTECTION $ 2.00 $1,000.00 AND DUST BARRIERS 500 SF 24 Wood Bucks 300 LF $ 1.50 $450.00 Division 6-Wood,Plastics and Composites Total: $1,950.00 Division 07 00 00-Thermal and Moisure Protection 25 Joint Protection(Sealants) 800 LF $ 3.00 $2,400.00 Cold Fluid-Applied Waterproofing, 6" 26 $ 5.00 $1,500.00 Waterproofing around perimeter. 300 SF 27 Flashing - SF $ - $0.00 28 lFirestopping SF I $ $0.00 Division 7-Thermal and Moisture Protection Total: $3,900.00 Division 08 00 00-Openings 29 WINDOWS,TYPE A** 61 SF $ 39.00 $2,379.00 30 WINDOWS,TYPE B** 455 SF $ 39.00 $17,745.00 31 WINDOWS,TYPE C** 61 SF $ 39.00 $2,379.00 32 WINDOWS,TYPE D** 55 SF $ 39.00 $2,145.00 33 WINDOWS,TYPE E** 96 SF $ 39.00 $3,744.00 34 WINDOWS,TYPE F** 64 SF $ 39.00 $2,496.00 35 WINDOWS,TYPE G** 48 SF $ 39.00 $1,872.00 36 WINDOWS,TYPE H** 44 SF $ 39.00 $1,716.00 37 WINDOWS,TYPE J** 122 SF $ 39.00 $4,758.00 38 WINDOWS,TYPE K** 32 SF $ 39.00 $1,248.00 39 WINDOWS,TYPE L** - SF $ - $0.00 40 HOLLOW METAL DOOR W/GLASS,TYPE 1 3 EA $ 4,000.00 $12,000.00 41 STOREFRONT DOOR,TYPE 2 1 EA $ 4,000.00 $4,000.00 42 PAIR STOREFRONT DOORS 1 EA S 8,000.00 $8,000.00 WINDOW TREATMENTS, REMOVAL AND $ 1.25 $375.00 43 REINSTALLATION 300 LF 44 DOOR HARDWARE(included in door price) 1 EA $ 1.00 $1.00 Division 8-Openings Total:j $64,858.00 Division 09 00 00-Finishes CEMENT PLASTERING, 6" wide plaster around 45 $ 3.00 $2,100.00 perimeter. 700 SF GYPSUM BOARD, replace 24 each side at 46 partitions meeting window mullions,8 $ 3.00 $450.00 partitions,x 8'high 150 SF PAINTING AND COATING,4'around perimeter, 47 interior and exterior. 1,200 SF $ 1.50 $1,800.00 48 RE-FINISHING GYPSUM BOARD,(TAPE, $ 1.25 $187.50 SPACKLE,SAND) 150 SF CEILING AND GRID, REMOVE AND 49 REINSTALLATION 30 SF $ 7.00 $210.00 Division 9-Finishes Total: $4,747.50 Division 10 00 00-Specialties Sun Screen Modifications(removal and 50 reinstall) EA $ $0.00 Division 10-Specialties: $0.00 Division 16 00 00-Electrical Disconnect/Reconnect Electrical Devices 51 connected to openings 1 EA $ 1,000.00 $1,000.00 Division 16-Electrical Total: $1,000.00 Total Base Bid: $112,760.57 GROUP 2-555 17th STREET DIV. ITEM BIDDERS DESCRIPTION NO. QUANTITY UNIT UNIT PRICE TOTAL Division 1-General Conditions 1 BONDS AND INSURANCE 1 LS $ 3,313.71 $3,313.71 2 MOBILIZATION 1 LS S 5,000.00 $5,000.00 3 GENERAL CONDITIONS 1 LS $ 13,454.83 $13,454.83 4 MAINTENANCE OF TRAFFIC 1 LS $ 600.00 $600.00 5 ALLOWANCE:PERMIT FEES 1 LS $ 1,927.79 $1,927.79 Division 1-General Conditions Total: $24,296.32 Division 02 00 00-Existing Conditions 6 SELECTIVE DEMOLITION-Type A* 60 SF $ 7.00 $420.00 7 SELECTIVE DEMOLITION-Type B* 252 SF $ 7.00 $1,764.00 8 SELECTIVE DEMOLITION-Type C* 240 SF $ 7.00 $1,680.00 9 SELECTIVE DEMOLITION-Type D* 253 SF $ 7.00 $1,771.00 10 SELECTIVE DEMOLITION-Type E(Not Used) - SF $ - $0.00 11 11 ISELECTIVE DEMOLITION-Type F* 25 SF 5 7.00 $175.00 12 SELECTIVE DEMOLITION-Type G* 106 SF $ 7.00 $742.00 13 SELECTIVE DEMOLITION-Type H* 56 SF $ 7.00 $392.00 14 SELECTIVE DEMOLITION-Type J* 86 SF $ 7.00 $602.00 15 SELECTIVE DEMOLITION-Type K* 68 SF $ 7.00 $476.00 16 SELECTIVE DEMOLITION-Type L* 138 SF $ 7.00 $966.00 17 SELECTIVE DEMOLITION-Type M* 194 SF $ 7.00 $1,358.00 18 SELECTIVE DEMOLITION-Type N* 67 SF $ 7.00 $469.00 19 SELECTIVE DEMOLITION-Type 0* 240 SF $ 7.00 $1,680.00 20 SELECTIVE DEMOLITION-Type P* 189 SF $ 7.00 $1,323.00 21 SELECTIVE DEMOLITION-Type Q* 36 SF $ 7.00 $252.00 22 SELECTIVE DEMOLITION-Type R* 21 SF $ 7.00 $147.00 23 SELECTIVE DEMOLITION-Type S* 44 SF $ 7.00 $308.00 24 SELECTIVE DEMOLITION-Type T* 156 SF $ 7.00 $1,092.00 25 ISELECTIVE DEMOLITION-Type U* 21 SF $ 7.00 $147.00 26 FURNITURE MOVING 1 EA $ 500.00 $500.00 Saw cut& remove stucco, cmu, concrete,gypsum 27 $ 7.00 $1,820.00 plaster/finishes as requ'd 260 LF Division 2-Existing Conditions Total: $18,084.00 Division 03 00 00-Concrete 28 Structural Repairs I 125 SF $ 8.00 $1,000.00 Division 3-Concrete Total: $1,000.00 Division 04 00 00-Masonry 29 ICOQUINA 1 1251 SF 1 $ 8.00 $1,000.00 Division 4-Masonry Total: $1,000.00 Division 06 00 00-Wood,Plastics and Composites 30 3/4" PLYWOOD 320 SF $ 1.25 $400.00 31 Wood Bucks 200 LF $ 1.50 $300.00 PLASTIC SHEATHING,TEMPORARY PROTECTION AND 32 DUST BARRIERS 500 SF $ 2.00 $1,000.00 Division 6-Wood,Plastics and Composites Total: $1,700.00 Division 07 00 00-Thermal and Moisure Protection Joint Protection(Sealants), Interior, Exterior,Bed of 33 Primary Caulking, 800 LF $ 3.00 $2,400.00 Cold Fluid-Applied Waterproofing,6"Waterproofing 34 around perimeter. 250 SF $ 5.00 $1,250.00 35 IFlashing I SF $ $0.00 36 IFirestopping I SF 1 $ $0.00 Division 7-Thermal and Moisture Protection Total: $3,650.00 Division 08 00 00-Openings 37 WINDOWS,TYPE A** 60 SF $ 37.00 $2,220.00 38 WINDOWS,TYPE B** 252 SF $ 37.00 $9,324.00 39 WINDOWS,TYPE C** 240 SF $ 37.00 $8,880.00 40 WINDOWS,TYPE D** 253 SF $ 37.00 $9,361.00 41 TYPE E,(Not Used) - SF $ 37.00 $0.00 42 DOOR,TYPE F,Hollow Metal door(s)** 2 EA $ 4,000.00 $8,000.00 43 WINDOWS,TYPE G** 106 SF $ 37.00 $3,922.00 44 STOREFRONT,TYPE H** 56 SF $ 37.00 $2,072.00 45 STOREFRONT,TYPE 1** 65 SF $ 37.00 $2,405.00 46 STOREFRONT,TYPE K** 47 SF $ 37.00 $1,739.00 47 IWINDOWS,TYPE L** 138 SF $ 37.00 $5,106.00 48 WINDOWS,TYPE M** 194 SF $ 37.00 $7,178.00 49 STOREFRONT,TYPE N** 15 SF $ 37.00 $555.00 50 WINDOWS,TYPE O*` 240 SF $ 37.00 $8,880.00 51 WINDOWS,TYPE P** 189 SF $ 37.00 $6,993.00 52 WINDOWS,TYPE Q** 36 SF $ 37.00 $1,332.00 53 STOREFRONT DOOR,TYPE R** - EA $ $0.00 54 STOREFRONT,TYPE S** 23 SF $ 37.00 $851.00 55 WINDOWS,TYPE T** SF $ - $0.00 56 STOREFRONT DOORS,6 UNITS INCLUDING HARDWARE** 6 EA $ 3,750.00 $22,500.00 WINDOW TREATMENTS,REMOVAL AND 57 REINSTALLATION 320 LF $ 1.25 $400.00 58 GYPSUM BOARD RE-FINISHING (TAPE,SPACKLE,SAND) 425 SF $ 1.25 $531.25 Division 8-Openings Total: $102,249.25 Division 09 00 00-Finishes S9 CEMENT PLASTERING, 6"wide plaster around perimeter. 350 SF $ 3.00 $1,050.00 60 GYPSUM BOARD,replace 24"each side at partitions $ 3.00 $600.00 meeting window mullions, 12 partitions x 8' 200 SF PAINTING AND COATING,4'around perimeter inside and 61 $ 1.50 $1,350.00 outside 900 SF 62 CEILING AND GRID REMOVAL AND REPLACEMENT 220 SF $ 7.00 $1,540.00 Remove and Replace WINDOW SILL with similar 63 material/finish/color. 150 LF $ 7.50 $1,125.00 Division 9-Finishes Total: $5,665.00 Division 10 00 00-Specialties 64 $ $0.00 Sun Screen Modifications(removal and reinstall) - EA Division 10-Specialties: $0.00 Division 16 00 00-Electrical Disconnect/Reconnect Electrical Devices connected to 65 openings 1 EA $ 1,200.00 $1,200.00 Division 16-Electrical: $1,200.00 Total Base Bid: $158,844.57 GROUP 3-1701 MERIDIAN AVENUE DIV.I I,EOM DESCRIPTION BIDDERS QUANTITY UNIT UNIT PRICE7F TOTAL Division 1-General Conditions 1 BONDS AND INSURANCE 1 LS $ 10,176.38 $10,176.38 2 MOBILIZATION 1 LS $ 5,000.00 $5,000.00 3 GENERAL CONDITIONS 1 LS $ 41,865.50 $41,865.50 4 MAINTENANCE OF TRAFFIC 1 LS $ 600.00 $600.00 5 ALLOWANCE: PERMIT FEES 1 LS $ 3,951.72 1 $3,951.72 Division 1-General Conditions Total; $61,593.60 Division 02 00 00-Existing Conditions 6 SELECTIVE DEMOLITION-Type S-1* 188 SF $ 7.50 $1,410.00 7 SELECTIVE DEMOLITION-Type S-2* 128 SF $ 7.50 $960.00 8 SELECTIVE DEMOLITION-Type S-3* 60 SF $ 7.50 $450.00 9 SELECTIVE DEMOLITION-Type S-4* 237 SF $ 7.50 $1,777.50 10 SELECTIVE DEMOLITION-Type S-5* 237 SF $ 7.50 $1,777.50 11 SELECTIVE DEMOLITION-Type S-6* 237 SF $ 7.50 $1,777.50 12 SELECTIVE DEMOLITION-Type S-7* 237 SF $ 7.50 $1,777.50 13 SELECTIVE DEMOLITION-Type S-8* 385 SF $ 7.50 $2,887.50 14 SELECTIVE DEMOLITION-Type S-9* 187 SF $ 7.50 $1,402.50 15 ISELECTIVE DEMOLITION-Type A* 2,130 SF $ 7.50 $15,975.00 16 SELECTIVE DEMOLITION-Type B* 522 SF $ 7.50 $3,915.00 17 SELECTIVE DEMOLITION-Type C* 693 SF $ 7.50 $5,197.50 18 SELECTIVE DEMOLITION-Type D* 504 SF $ 7.50 $3,780.00 19 SELECTIVE DEMOLITION-Type E* 80 SF $ 7.50 $600.00 20 ISELECTIVE DEMOLITION-Type F* 710 SF $ 7.50 $5,325.00 21 SELECTIVE DEMOLITION-Type G* 98 SF $ 7.50 $735.00 22 SELECTIVE DEMOLITION-Type H* 5 SF $ 7.50 $37.50 23 SELECTIVE DEMOLITION-Type J* 56 SF $ 7.50 $420.00 24 SELECTIVE DEMOLITION-Type K* 252 SF $ 7.50 $1,890.00 25 SELECTIVE DEMOLITION-Type L* 1 SF $ 7.50 $7.50 26 SELECTIVE DEMOLITION-Type M* 1 SF $ 7.50 $7.50 27 SELECTIVE DEMOLITION-Type N* 339 SF $ 7.50 $2,542.50 28 SELECTIVE DEMOLITION-Type 0* 7 SF $ 8.00 $56.00 29 SELECTIVE DEMOLITION-Type 1*, Storefront Door - EA $ - $0.00 30 SELECTIVE DEMOLITION-Type 2*, Hollow Metal Door 2 EA $ 500.00 $1,000.00 31 SELECTIVE DEMOLITION-Storefront Doors - EA $ - $0.00 32 FURNITURE MOVING 1 EA $ 4,000.00 $4,000.00 Saw cut & remove stucco, cmu, concrete,gypsum 33 $ 7.00 $7,000.00 plaster/finishes as requ'd 1000 LF Division 2-Existing Conditions Total: $66 708.50 Division 03 00 00-Concrete / 34 Structural Repairs 1450 SF 1 $ 8.00 1 $11,600.00 Division 3-Concrete Total: $11,600.00 Division 06 00 00-Wood,Plastics and Composites 35 3/4" PLYWOOD 500 SF $ 1.25 $625.00 PLASTIC SHEETING,TEMPORARY PROTECTION & DUST 36 BARRIER 650 SF $ 2.00 $1,300.00 37 P.T.Wood Bucks 450 LF $ 1.50 $675.00 Division 6-Wood,Plastics and Composites Total:j $2,600.00 Division 07 00 00-Thermal and Moisure Protection 38 Joint Protection(Sealants) 1,500 LF $ 3.00 $4,500.00 Cold Fluid Applied Waterproofing, 6" Waterproofing 39 around perimeter. 450 SF $ 5.00 $2,250.00 40 Flashing - SF $ - $0.00 41 Firestopping SF $ - $0.00 Division 7-Thermal and Moisture Protection Total: $6,750.00 Division 08 00 00-Openings 42 STOREFRONT TYPE S-1** 146 SF $ 38.00 $5,548.00 43 STOREFRONT TYPE 5-F** 128 SF $ 38.00 $4,864.00 44 STOREFRONT TYPE S-3** 60 SF $ 38.00 $2,280.00 45 STOREFRONT TYPE S-4** 195 SF $ 38.00 $7,410.00 46 ISTOREFRONT TYPE S-5** 216 SF $ 38.00 $8,208.00 47 STOREFRONT TYPE S-6** 195 SF $ 38.00 $7,410.00 48 STOREFRONT TYPE S-7** 237 SF $ 38.00 $9,006.00 49 STOREFRONT TYPE S-8*' 364 SF $ 38.00 $13,832.00 50 STOREFRONT TYPE S-9** 187 SF $ 38.00 $7,106.00 51 WINDOWS,TYPE A** 2,130 SF $ 38.00 $80,940.00 52 WINDOWS,TYPE B** 522 SF $ 38.00 $19,836.00 53 WINDOWS,TYPE C** 693 SF $ 38.00 $26,334.00 54 WINDOWS,TYPE D** 504 SF $ 38.00 $19,152.00 55 WINDOWS,TYPE E** 80 SF $ 38.00 $3,040.00 56 WINDOWS,TYPE F** 710 SF $ 38.00 $26,980.00 57 WINDOWS,TYPE G** 98 SF $ 38.00 $3,724.00 58 WINDOWS,TYPE H** 5 SF $ 38.00 $190.00 59 WINDOWS,TYPE J** S6 SF $ 38.00 $2,128.00 60 WINDOWS,TYPE K** 252 SF $ 38.00 $9,576.00 61 WINDOWS,TYPE L** 25 SF $ 38.00 $950.00 62 WINDOWS,TYPE M** 42 SF $ 38.00 $1,596.00 63 WINDOWS,TYPE N** 339 SF $ 38.00 $12,882.00 64 WINDOWS,TYPE 0** 7 SF $ 38.00 $266.00 65 STOREFRONT DOOR,TYPE 1 7 EA $ 4,000.00 $28,000.00 66 HOLLOW METAL DOOR,TYPE 2 2 EA $ 4,000.00 $8,000.00 67 STOREFRONT DOORS - EA $ - $0.00 68 WINDOW TREATMENTS, REMOVAL AND REINSTALLATION 850 LF $ 1.25 $1,062.50 69 DOOR HARDWARE (included in door price) 1 EA $ 1.00 $1.00 Division 8-Openings Total: $310,321.50 Division 09 00 00-Finishes 70 CEMENT PLASTERING, 6" wide plaster around perimeter. 1,000 SF $ 3.00 $3,000.00 GYPSUM BOARD, replace 24"each side at partitions 71 meeting window mullions, 83 partitions x 8' 1,050 SF $ 3.00 $3,150.00 72 CEILING AND GRID, REMOVAL AND REPLACEMENT 600 SF $ 7.00 $4,200.00 GYPSUM BOARD RE-FINISHING, (TAPE,SPACKLE,AND 73 $ 1.25 $1,375.00 SAND) 1,100 SF PAINTING AND COATING,4' around perimeter, Interior& 74 Exterior, 1,050 SF $ 1.50 $1,575.00 75 CERAMIC TILE, 6"at base of windows x 602 LF 300 SF $ 5.00 $1,500.00 Remove and Replace WINDOW SILL with similar 76 material/finish/color. 650 LF $ 7.50 $4,875.00 Division 9-Finishes Total: $19,675.00 Division 10 00 00-Specialties 77 Sun Screen Modifications(removal and reinstall) EA I $ $0.00 Division 10-Specialties:1 $0.00 Division 16 00 00-Electrical Disconnect/Reconnect Electrical Devices connected to 78 openings 1 EA $ 1,000.00 $1,000.00 Division 16-Electrical: $1,000.00 Total Base Bid: $480,248.60 GROUP 4-2100 WASHINGTON AVENUE ITEM BIDDERS DIV. NO DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Division 010000-General Conditions 1 BONDS AND INSURANCE 1 LS $ 5,163.93 $5,163.93 2 MOBILIZATION 1 L5 $ 5,000.00 $5,000.00 3 GENERAL CONDITIONS 1 LS $ 22,615.73 $22,615.73 4 MAINTENANCE OF TRAFFIC 1 LS $ 600.00 $600.00 5 ALLOWANCE:PERMIT FEES 1 LS $ 1,035.76 $1,035.76 Division 1-General Conditions Total: $34,415.42 Division 02 00 00-Existing Conditions 6 SELECTIVE DEMOLITION-Type A 53 SF $ 12.00 $636.00 7 SELECTIVE DEMOLITION-Type B 104 SF $ 12.00 $1,248.00 8 SELECTIVE DEMOLITION-Type C 113 SF 5 12.00 $1,356.00 9 SELECTIVE DEMOLITION-Type D 140 SF $ 12.00 $1,680.00 10 SELECTIVE DEMOLITION-Type E 335 SF $ 12.00 $4,020.00 11 SELECTIVE DEMOLITION-Type F 78 SF $ 12.00 $936.00 12 SELECTIVE DEMOLITION-Type G 40 SF $ 12.00 $480.00 13 SELECTIVE DEMOLITION-Type H 220 SF S 12.00 $2,640.00 14 SELECTIVE DEMOLITION-Type J 220 SF S 12.00 $2,640.00 15 SELECTIVE DEMOLITION-Type K' 80 SF S 12.00 $960.00 16 SELECTIVE DEMOLITION-Type L' SF $ - $0.00 17 SELECTIVE DEMOLITION-Type M' 60 SF $ 12.00 $720.00 18 SELECTIVE DEMOLITION-Type SK'SKYLIGHTS 330 SF $ 32.00 $10,560.00 19 FURNITURE MOVING 1 EA $ 500.00 $500.00 20 Saw cut&remove stucco,cmu,concrete,gypsum 5 7.00 $4,200.00 plaster/finishes as requ'd 600 LF Division 2-Existing Conditions Total:1 $32,576.00 Division 03 00 00-Concrete 21 IStructural Repairs 111001 SF 1 $ 14.00 F $19,600.00 Division 3-Concrete Total: $19,600.00 Division 06 00 00-Wood,Plastics and Composites 22 3/4"Plywood 350 SF $ 1.2S $437.50 23 Plastic Sheathing,Temporary Protection and Dust Barrier 800 SF $ 2.00 $1,600.00 24 lWood Bucks 500 LF S 1.50 $750.00 Division 6-Wood,Plastics and Composites Total: $2,787.50 Division 07 00 00-Thermal and Moisure Protection 25 Joint Protection(Sealants) 750 U, I 5 3.00 $2,250.00 26 Cold Fluid-Applied Waterproofing 250 SF S 5.00 $1,250.00 27 Flashing 370 SF 5 3.50 $1,295.00 28 Firestopping SF $ - $0.00 Division 7-Thermal and Moisture Protection Total: $4,795.00 Division 08 00 00-Openings 29 STORE FRONT TYPE A" 40 SF $ 46.00 $1,840.00 30 STOREFRONT TYPE B" 70 SF S 46.00 $3,220.00 31 STOREFRONT TYPE C" 55 SF 5 48.00 $2,640.00 32 STOREFRONT TYPE D" 60 SF 5 48.00 $2,880.00 33 STOREFRONT TYPE E&F'• 300 Sr $ 50.00 $15,000.00 34 STOREFRONT TYPE G" 40 SF $ 45.00 $1,800.00 35 STOREFRONT TYPE H" 220 SF $ 45.00 $9,900.00 36 STOREFRONT TYPE J" 220 SF $ 45.00 $9,900.00 37 STOREFRONT TYPE K" 80 SF $ 45.00 $3,600.00 38 STOREFRONT TYPE L" 20 SF $ 45.00 $900.00 39 STOREFRONT TYPE M" 20 SF S 45.00 $900.00 40 STOREFRONT DOORS-8'HIGH" 121 EA 1 $ 4,500.00 $54,000.00 41 IDOOR HARDWARE 8'HIGH" (included in door price) EA $ - $0.00 42 1 NEW SKYLIGHTS" 5 EA $ 10,000.00 $50,000.00 43 IWINDOW TREATMENTS,REMOVAL AND REINSTALLATION 225 LF $ 1.25 $281.25 Division 8-Openings Total:j $156,861.25 Division 09 00 00-Finishes 44 1 CEMENT PLASTERING,6"wide plaster around perimeter 350 SF I S 3.00 1 $1,050.00 GYPSUM BOARD,replace 24"each side at partitions meeting 45 window mullions. 350 SF $ 3.00 $1,050.00 46 CEILING AND GRID REMOVAL AND REPLACMENT 300 SF $ 7.00 $2,100.00 47 GYPSUM BOARD RE-FINISHING(TAPE,SPACKLE,SAND) 350 SF $ 1.25 $437.50 PAINTING AND COATING,4'AROUND PERIMETER INSIDE AND 48 OUT 600 SF $ 1.50 $900.00 Remove and Replace WINDOW SILL with similar 49 material/finish/color. 200 LF $ 7.50 $1,500.00 Division 9-Finishes Total: $7,037.50 Division 10 00 00-Specialties 50 jSun Screen Modifications(removal and reinstall) EA $ $0.00 Division 10-Specialties:1 $0.00 Division 16 00 00-Electrical S3 Disconnect/Reconnect Electrical Devices connected to openings F71 EA $ 2,500.00 $2,500.00 Division 16-Electrical: $2,500.00 Total Base Bid: $260,572.67 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 SUNRYSE CONSTRUCTION SERVICES, INC., 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 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 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. CITYOF MIAMI BEACH 75 BID NO: 013-2013TC DATE:April 15, 2013 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 [ ] 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 of any item of work not CITYOF MIAMI BEACH 76 BID NO: 013-2013TC DATE:April 15, 2013 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. [X] 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. CITYOF MIAMI BEACH 77 BID NO: 013-2013TC DATE:April 15, 2013 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. 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 CITYOF MIAMI BEACH 78 BID NO:013-2013TC DATE: April 15, 2013 accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. 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. CITYOF MIAMI BEACH 79 BID NO: 013-2013TC DATE: April 15, 2013 6.6 Notices Whenever either art desires to give notice to the other, such notice must be in writing, party 9 9 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. 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: Sunryse Construction Services, Inc. 3061 S.E. Waater Street Stuart, Florida 34997 Attn: David A Walter President 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered b either party. In addition Contractor shall not subcontract an portion of Y Y p 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. CITYOF MIAMI BEACH 80 BID NO: 013-2013TC DATE:April 15, 2013 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. 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. CITYOF MIAMI BEACH 81 BID NO: 013-2013TC DATE:April 15, 2013 IN WITNESS WHEREOF have set their hands and seals the day and year first above written. M �� ATTEST: TM Y OF ;MIA BE CH Ci y Clerk �IiJCORP CRATE Contractor MUST EXEC T G CT AS INDICATED BELOW. USE CORPORATION OR NONC �A ON AT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: 06119'�fzjcA`C/1 u�fyicfS Ino- (Name of Corporation) aS By ,` Cj ( cretary) (Signature) (Corporate-Seal) (Print Name and Title) �3 day of _, 20 13 [I1 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:E CUTION CITYOF MIA EACH 8 _ BID NO: 013-2013TC C� � ' ((►.-� Date DATE:April 15, 2013 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID NO: 013-2013TC CITYOF MIAMI BEACH DATE:April 15, 2013 83 SUNRC-2 OP ID: SN CERTIFICATE OF LIABILITY INSURANCE DATE(MDIYYYY) 05/2233/13 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 Phone: 772-286-4334 CONTACT Stuart Insurance,Inc. NAME: 3070 S W Mapp Fax: 772-286-9389 H IL NF EM Ext: FAX Palm Cl FL 34990 ac No A Joseph W.,Coons,CPCU.CIC. ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A:Southern Owners 10190 INSURED Sunryse Construction Svcs Inc INSURERB:Auto Owners Insurance Co 18988 3061 SE Waaler St Stuart, FL 34997 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR D POLICY EFF POLICY EXP INSR in LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY I (MM/DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 72737608 12/10/12 12/10/13 PREMISES Ea occurreT nice $ 300,000 CLAIMS-MADE 1_X_1 OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 6 ADV INJURY $ 1,000,000 X contractual Ilab GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC - $ AUTOMOBILE LIABILITY EO eBINdEeDISINGLE LIMIT $ 1,000,000 B X ANY AUTO 4714555302 12/10112 12110/13 BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ X UMBRELLA LIAB X OCCUR A EXCESS LIAR CLAIMS-MADE 4714555303 12/10/12 12/10/13 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION 5 - WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN _ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ (Mandatory In and E.L.DISEASE.EA EMPLOYE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) PROJECT: The FEMA Impact Window Replacement Project Certificate holder is included as additional insured as their interest may appear and as per written executed contract -31 -�3 CERTIFICATE HOLDER CANCELLATION CITYM10 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 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD A CERTIFICATE OF LIABILITY INSURANCE D MM/DD/YYYY) 5//2323/2013 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(les) 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 y Taylor Mitz Ta State Insurance Agency Inc. PHONE (772)426-9933 FAx A/C No:(772)426-9943 1010 SW Martin Downs Blvd ADOBES.mitzy @stateinsurancegroup.com INSURERS AFFORDING COVERAGE NAIC N Palm City FL 34990 INSURERA:Travelers WC INSURED INSURER B Sunryse Construction Services, Inc. INSURER C: 3061 SE Waaler St INSURER D: INSURER E: Stuart FL 34997 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1352301535 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. IN RI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY A PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S HIRED AUTOS NON-OWNED PRORTY AUTOS Per acPEcident DAMAGE S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIA9 CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ A WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ 11000,000 (Mandatory In NH) 7418144 10/19/2012 10/19/2013 E.L.DISEASE-EA EMPLOYE $ 1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is requlred) CERTIFICATE HOLDER CANCELLATION 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 AUTHORIZED REPRESENTATIVE Laura Warren/LWARR t • ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninnsi ni The Af.r)Pn name nnfl Inn^ore rnniclorerl mar4c^f Ar. loll