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ITB 172-2013TC for the 1701 Meridian Avenue 4th Floor Renovation INVITATION TO BID 1 701 Meridian Avenue 4th Floor Renovation ITB No. 1 72-201 3TC BID ISSUANCE DATE: MAY 21 , 2013 BID OPENING: JUNE 1 1 , 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 AM, ATTACHMENT C—REVISED UNIT PRICE BREAKDOWN FORM ITB 172-2013TC-1701 Meridian Avenue 4th Floor Renovation Addendum 1 --{� The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete I the Unit Price Bid Breakdown Form to include quantities, units of.measure, 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. 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. 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. Should any bidder fail to submit this form fully completed, the City will request that the omitted information be provided within three (3)calendar days upon request from the City. Failure to provide the City with the omitted information within three (3) calendar days after the Bidder has received the request from the City may result in your bid being deemed non-responsive and disqualified from further i consideration. THE CITY WILL NOT ACCEPT ANY REVISION TO THE TOTAL BASE BID SUM, DIVISIONS, LINE ITEM TOTALS, OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. ''i ' r°t r� 7:'.��"•' %''kY�ra . 'a c �.. .�,.:•�T:i:. C-y:;^�'• r ' it hx �,,t `�',•?tr:� ;I •'- Se�GxlY,l` ,c •3}. •tea {` +q'�`;ra`•�. =; r�..;�-�• �� - ' .F ._'DSCI�PT:,'ON :; - UN� ` - . L sp} - ti^CtUgNT!1�,T;��; U11tI PA G s' c = ? t. `r. r ;..rct Division 1 -General Conditions 1 j Bonds&Insurance 1 LS 2 I Mobilization 1 ==Ls j j oeo 3 Survey and layout site controls 1 LS f pool f Cco 4 Asbestos removal-ceiling 1 j LS D ra , 5 General Conditions 1 LS6 6 Consideration for Indemnification of City 1 LS $25.00 $25.00 { 7 I Allowance: Permit Fees 1 LS $16,000.00 $16,000.00 Division f- Conditions Total: D s.ioijti2=Sitework ' - I r 8 I Demolition _ j LS4F� — I ' Division 2-'Sitework Total: 00.0 ` _lv�r�l�Q .IYI-S.On L" �r.�-` _ •'i aY•[ .a?c i �-`� - � - - >',a s_ :;;, p _ 114 _ �.. rY: = r r �? "�- 1. 4"CMU Block Wall(incl.joint reinf. every SF � a 9 other course) J. •ov �� Division 4-Masonry Total: ; Di sl.ori'6 t Woods and'PJastics 10 Rough carpentry SF t Division 6-Woods and Plastics Total: i n.7.-MTh t C _ tectio D�!s o f mal and MolstureTro n: :. , s ITB 172-2013TC—Addendum 2 j June 5,2013 f 0 j 11 Blanket insulation O SF 12 Sealants&caulking LS Goa Division 7-Thermal and Moisture Protection Total.: ..,F.ts-:-,. i. ••�. S ._.�c.�_,_.-,• _ �'.i'��.v c+-..�+rsr.r 3_r � •c:' 'y.4. Division:$_ Doors and Windows:(Installed] ?�r`� =- 13 y Metal doors&frames U,!d G ; 14-- EA 14 Access panels EA 15 Aluminum windows SF _ 16 Aluminum gates I 1 EA 17 Hardware EA Division 8-.Doors and Windows(Installed)Total: O Division 9 .Finis.Lgsj-, ` _ - T -yY_n g t -y+F 18 3 5/8" Metal Stud Framing )1"" SF 19 7/8" furring SF 20 5/8"gypsum board system _SF 21 5/8"densglass a SF 3 3� 2 Q 22 Skim Coat Plaster Ceiling I SF 23 Skim Coat Plaster Walls SF _ 24 Paint-Interior Walls SF 25 Paint-Ceiling QQ SF 26 Ceramic Tile-Floors-Bathroom SF 27 Ceramic Tile-Walls- Bathroom 220 SF 28 Ceramic Tile- Base-Bathroom LF (_ 29 Acoustical ceilings o'C SF �Q� 30 Resilient flooring& base-office area 401 0 SF != - Division 9-Finishes Total: . 1 --� >gT}%3� T'�.-. '-•1"' :"r_ _ 7' _ i,; _�'t _ - ±=:.�ic_x �• 3-:.::.�_ � '<Div is 10�=Sp caltie�+ !tee .t ' •,is•L� ..+-'�4e -Y ''•,i p _ _ `c__'s �i'a�..: y _ .+'ak .�- _# .. :_� ., -31. Toilet compartments EA 32 , Toilet compartments-ADA EA 12419-6 33 Urinal screens EA '6W l r p- 34 Identifying devices/signs LS QFJ O� � - — 35 Fire extinguishers EA70Q 36 Stainless steel mirrors EA3 37 Soap dispensers EA QO 38 Toilet tissue dispenser EA I 39 i Robe hook EA 40 Towel dispenser/waste receptacle EA � _D Division 107 Specialties Total: azDD Div sign�1.1= ~41 Phone System Division 11-Equipment'Total: l�C� .�5 w •Ia .. •C�T-�-'_�'e��..:'-�~��� '•. p ..F d �a' 'J'er..: _i �,_ '�!f� • -...fit-. .. �' L•.`�s Qivision:l5 Mechanical as I ITB 172-2013TC—Addendum 2 June 5,2013 42 6" PVC UG&fittings LF 43 4" PVC UG&fittings LF 44 1.25" PVC UG &fittings LF 45 2" PVC UG&fittings LF 46 1.5"PVC schedule 80 LF 47 Refrigerant piping LF i�448 2" backflow preventer EA 49 Urinals&associated piping EA 50 Drinking fountains&associated piping I EA 51 , Lavatory-wall hung&associated piping I I EA 52 Water closet-wall mounted&associated _ EA piping 53 Multi split system and controls LS i 54 Ductwork and insulation LS -_ 55 Fa ns LS 56 Test and balance LS Division 15=Mechanical Total: ] Divisiorl6_,� L'etrical 4 x 57 Wiring / LS 58 J-boxes _ LSOc� 59 conduit I LS 60 Security cameras LS 14�90� �d 61 Interior fighting package LS Division 16-'Electric al Total: _ Total Base Bid:' L ITB 172-2023TC—Addendum 2 June 5,2013 City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive 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 or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT: ITB 172-2013TC-1701 Meridian Avenue 4th Floor Renovation COMPANY NAME: C: sr '06;VCL,0P, 16;A-1- L (,C— Section 1-Bid Proposal Division Summary Total Division 1-General Conditions S Division 2-Sitework 6 b® D Division 4-Masonry [gD G Division 6-Woods and Plastics Division 7-Thermal and Moisture Protection l 3 Division 8-Doors and Windows(Installed) „2 D�4 Division 9-Finishes Division 10-Specialties 11160 Division 11-Equipment Division 15-Mechanical ©O® Division 16-Electrical oD Numerical Total Base Bid($)1 Written Total Base Bid(dollars)2 U Section 2-Bidder's Affirmation Company: C ;r D6;7J9 t7 -k5-,M'r' Address: ? 40 l W7�-39-A0441 F 1 Tele hdne:... P C-- . I, Email: C�ac tro 0Ca5t-cA-P%'ZP_toe"moo--t e- Signature: Title/Printed Name: Mc�- A G - CA'`r 1 Numerical totals should be written u ing numerical characters(e.g., $1000.00). 2 Written totals should be spelled out(e.g. one thousand dollars). FAILURE TO SUBMIT THIS FORM WITH BID WILL RESULT IN BEING DEEMED NONRESPONSIVE. ATTACHMENT C—REVISED UNIT PRICE BREAKDOWN FORM ITB 172-2013TC-1701 Meridian Avenue 4th Floor Renovation Addendum 1 The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Unit Price Bid Breakdown Form to include quantities, units of:measure, 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. 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. 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. Should any bidder fail to submit this--form fully. completed, the'City will request that the omitted information be provided within three (3) calendar days upon request from the City. Failure to provide the City with the omitted information within three (3) calendar days after the Bidder has received the request from the .City may result in your bid:. being'deemed non-responsive and disqualified from further consideration. THE CITY WILL NOT ACCEPT ANY REVISION TO THE TOTAL BASE- BID 'SUM, DIVISIONS, LINE . I ITEM TOTALS,:OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. iat `� `.;sF`' : ,,< ` :% F'. - '-'.••s�' �;; .,:,. ..� _1 •: ,Y � � -,�� ••: —,�• _ • a.,. :'�',a!+. '_7�,�{ .b?' ,-V1 I]4R•ti: .c;:x33 t o •�-._-�. �' ,e3i:,-R•'. �• c `L•' � ',���g r>',.s i''.'sue'.., ;..y,� ••�: dt?4P=.ga � ,ew°�'..d � .; ti d_ D SCRrPT'ON°� �::. _ :,,� �,_.�. •• _:- r.. • U.N.iT-• _ I- • - .� c L L y l H."`.T r AL•�rt r 'S�i - 3� •r,,,S ' i.•e <'L[,` n. , �:- CtUNT.I,TpI/ 'U I�IT�- ��•. rQ�' "\177.2 ' t� 4 $ RRICE 3s 1. ,. S .S&,: 9 :--Sk Division 1 -General Conditions i 1 Bonds & Insurance 1 LS 2 Mobilization 1 LS 0 o6. 3 Survey and layout site controls 1' LS 4 Asbestos removal-ceiling 1 LS MO j 5 General Conditions 1 LS .4660 4-&V-0 6 Consideration for Indemnification of City 1 LS $25.00 $25.00 7 Allowance: Permit Fees 1 . LS $16,000.00 $16,000.00 Division eneral`Condi�tions Totak '� DIV sionx2 SltewarV g Demolition _ . LS �' ®� _ �0 Division 2-::Sitework Total: Naory s v fDvsi 43 4" CM Blocic Wall (incl.joint reinf.every SF 9 other course) 100 Division 4 ::M_asonry Total: . : , fI -::^y ?c - "-'°' ` i _ :�e Dt. •cc': °^ ' .. ate.� _j E t �Y'• } { Dtvsion6, t111od's:and'Plastics 3 t - . 10 Rough carpentry SF Division 6-1Noods and Plastics.Total: Dv(sior� T,�e mal and MolstureLProtectlonr ,. _ .:Y,.s...a, .sue 4 +1 i ITB 172-2013TC—Addendum 2 June 5,2013 11 Blanket insulation SF 12 Sealants &caulking LS e')' Diyisiori7-..-Thermal and Moisture_Protection Total; , {plvlston°8e-:_Doors an:d Windows:.(Installed y ,, _ . ! - r F, 13 Metal doors&frames b060 � , EA 7` ' °" 14 Access panels EA 15 Aluminum windows SF 16 Aluminum gates EA 17 Hardware EA - Division 8.=Doors and Windows(Installed).Tota.l:: :.,..:F x' - &..�:s ;`' - ": .: mat. a , .1s, . Division 9" .FinisEies 2 � � k . , 18 3 5/8" Metal Stud Framing ' SF a J 19 7/8" furring SF 20 5/8"gypsum board system 2,300 SF 21 5/8" densglass SF - 22 Skim Coat Plaster Ceiling SF 23 Skim Coat Plaster Walls SF 24 Paint-Interior Walls SF -" ' 3 25 Paint-Ceiling SF ©!� 26 Ceramic Tile- Floors-Bathroom SF 27 Ceramic Tile-Walls- Bathroom q2 0 SF g 28 Ceramic Tile- Base- Bathroom LF 29 Acoustical ceilings .., SF �� 30 Resilient flooring & base-office area SF x ' " - Div iSi:on 9=:Finish.es Total:. . 1 Divii1� Secilties - L �� p a x rsY 4 31 Toilet compartments EA 32 Toilet compartments-ADA EAj1Q� 33 Urinal screens EA 110 ___ 34 1 Identifying devices/signs LS 400 _11 00 35 Fire extinguishers EA (� + 36 Stainless steel mirrors EA fed 37 Soap dispensers EA /(V© �( 38 Toilet tissue dispenser EA 39 Robe hook EA 40 Towel dispenser/waste receptacle EAR O Di 1Q m:Specialties Total: D�vislomll =ggu�pme�t �?� _ '.r:. ?, > i s o' �-.� >, 41 Phone System LS7�� �� i Division 11=E.qu.i..�pMent:Total, ,. acs =u y " •3.>' D�vlslon:15 fy Mechanical 9 ITB 172-2013TC—Addendum 2 June 5,2013 42 6" PVC UG&fittings _ I LF 43 4" PVC UG&fittings LF 44 1.25" PVC UG &fittings LF 45 2" PVC UG&fittings LF 46 1.5" PVC schedule 80 LF 47 Refrigerant piping LF 48 2" backflow preventer _ EA 49 Urinals& associated piping EA I 50 Drinking fountains&associated piping EA �_"-------_ 51 Lavatory-wall hung&associated piping j _EA _ — 52 ` Water closet-wall mounted&associated EA piping ------ 53 Multi split system and controls LS 54 Ductwork and insulation LS 55 Fa ns ; LS 56 Test and balance LS Division 15' Mechanical Total:, T -� t r - � "mot:_--."- _ -.--�^;� s.=:_ ., �- r-;- i.•-'r:'� Division 16 [r(eCtr:ical 57 Wiring _ ` LS 58 J boxes I _ 59 conduit i LS ; _+ 60 Security cameras I LS LS 6 61 Interior fighting package = Division 16-'Electrical Total: �� Total Base Bid:--,1 �? r ITS 172-2013TC—Addendum 2 June 5,2013 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 CAST DEVELOPMENT, LLC, 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 ninety (90) 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. 59 BID NO: 172-2013TC DATE:June 11,2013 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 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:* 60 BID NO: 172-2013TC DATE:June 11,2013 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. 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. 61 BID NO: 172-2013TC DATE:June 11,2013 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. 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. 62 BID NO: 172-2013TC DATE:June 11,2013 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. 63 BID NO: 172-2013TC DATE:June 11, 2013 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. 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: Department of Procurement Management 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: Cast Development, LLC 6800 S.W. 401 Street, #45 Miami, Florida 33155 Attn: Hector A. Castro, Manager 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. 64 BID NO: 172-2013TC DATE:June 11,2013 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. 65 BID NO: 172-2013TC DATE:June 11, 2013 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEAC City Clerk Edward L. Tobin Vice-Mayor _ Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: GAS V 1 L L G (Naw of orporation) ��_ (_-1:��- By: ( !�►��aary) (Si ture) �2 -SQ. y . (Corporate_,Seal)- `:�� (Pri Name and Title) V Su c day of l , 20 [If not;i'n6Grporated 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. F:\PURC\$ALL\THEO\ITB\ITB 172-2013-1701 Meridian Remode1ing\Contract\ITB-172-2013 Cast Developement LLC.docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 66 BID NO: 172-2013TC DATE:June 11,2013 (&401ttAorn Date