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ITB 014-2013TC Demolition of Normandy Shores Park Building , i INVITATION TO DEMOLITION OF THE NORMANDY SHORES PARK BUILDING ITB No, 014-2013TC BID ISSUANCE DATE: MAY 23, 2013 BID OPENING: JUNE 13, 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 EA H vvlAm,lb. M AM. 1 B EAC H City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax:786-394-4624 Invitation to Bid (ITB) No.014-2013TC Demolition of the Normandy Shores Park Building Addendum No. 1 June 4, 2013 Notice to Bidders • The pre-bid meeting sign-in sheet is attached. See Attachment A. Questions Q1. Are bid bonds required for this project? A. No bid bond is required. Contractor is responsible to provide 100% payment and performance bonds at the time of contract execution. Q2. Please clarify what is meant by "develop an optional asbestos and lead abatement report" in the scope of work. Does this mean that the Contractor is to perform the surveys and remediate if any such substance is present? Or has the City already performed the surveys? A. The City has not conducted an asbestos or lead report. Therefore, if asbestos or lead are found, an optional abatement report will be required. Q3. Please clarify the description for Item#10 of the Unit Price Breakdown Form —"Retain Water and Electrical Services." A. The City intends to tie into these services during the renovation of the park after the demolition is complete and therefore wishes for these service connections to be retained. Q4. What section of the bid document shows exactly what forms need to be turned in at the time of bid? A. Bidders must submit the following forms as part of their bid submission: • Declaration: Nondiscrimination in Contracts and Benefits • Reasonable Measures Application • Substantial Compliance Application Form • Bid Tender Form • ITB Price Form • Unit Price Breakdown Form • Supplement to Bid Tender Form • Supplement to Bid Tender Form Non-Collusion Certificate • Supplement to Bid Tender Form Drug-Free Workplace Certification • Supplement to Bid Tender Form Trench Safety Act(if applicable) • Acknowledgement of Addenda Form • Customer Reference Listing • Subcontractor Listing Information ITB 014-2013TC—Addendum 1 June 4,2013 . i j e i i Q5. There are multiple buildings at 2401 Biarritz Drive. Is there any way to clarify which building will be demolished? A. The existing restroom/storage facility located to the north of the tennis courts. See Attachment B. Attachments • Attachment A—May 30,2013 Pre-Bid Meeting Sign-in Sheet • Attachment B—Aerial Image !Sincerel CIE Theo Carrasco, Ph.D.,CPPO, CPPB Senior Procurement Specialist f f i f i 1 ITB 014-2013TC—Addendum 1 June 4,2013 '' I ATTACHMENT A-MAY 30,2013 PRE-BID MEETING SIGN-IN SHEET [PAGE INTENTIONALLY LEFT BLANK] ITB 014-2013TC—Addendum 1 June 4,2013 i i i 1 i i AFP*v M IA.MIBEACH i DATE: May 30, 2013 ITB No.: 014-2013TC- Pre-Bid Meeting ' TITLE: Demolition of the Normandy Shores Park Building Name Company ail p y Phone Ern / I Tvm4pIN JY49oA-/ Lca� C�/�vt�° /��c 76b -,r1a- -1,96'7 (/ SEC., LEVr-J 6 CMA1 b/E_q& 6s0 E(L4:9 9 M�i`I�� C'ce S t��Cct s d cEL've up YI U n'r,,vl it i i 2-7 z1 l cv�tti iI I I i i i i ATTACHMENT B-AERIAL IMAGE [PAGE INTENTIONALLY LEFT BLANK] ITB 014-2013TC—Addendum 1 June 4,2013 hyp..- ni Wr �z k� VIA ;RA" " 01 4' 4piA raw INS� NORM �� Mul OR x2a � M��a ?�- �� 7 ? ,'� . � `ys5 �z r r r: ° Z � `, ate .� S r"rY"�3`a u`ra a a.. 3 «- Ci. y-SAN ,- ,Ea m^° dAy@�`� . 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"�n�3k"' -t ,3 INNS,� C r� r '3 x''< �''� r.1 i�2. � '.�'sz"T"' A I t a 2«y 3w i o- r W ^e h k�x._ss 8 +a.e :; LL `y yam , �6's.':5 "°3�- a„°'.r_'�'`.�"�^'� �, .r �a,;S"'z'`✓��5 �wc� -a.'.' rex a 4 xFSIF � x rx 'ate arr iTT s F a p5 ti:�s v�x e �kw 3�ny: �.w•-w ,,..£�+ �-n - �� .fit -a —� a s rlr�x"'K v*��_ ' �„'2:��;a�s�I,.. t��^��`�`" ��uxr�'f" .F y,+-«.a-�a a_..F,.-, �`w,--,tom s, ��x� �s,�:.��e "Y -e�"'' `�� .• �2` +�'�� ..... `.�° f,',ens- x''�.,:r•9w � $� ,.t;��'v...._ x atr. .^Q'xr.�vr c.4. _ �. COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract Pursuant to Invitation to Bid (ITB) No. 014-2013-TC for the Demolition of the Normandy Shores Park Building. Key Intended Outcome Supported: Ensure,quality and timely delivery of capital projects 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" ood." Issue: Shall the City Commission award the contract? Item Summa ]Recommendation: As part of the FY 09110 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed -the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. Prior to replacement of existing structures, it is necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work on the existing structures. To achieve the desired scope, Invitation to Bid (ITB) 014-2013-TC was issued on May 22, 2013, with an opening date of June 13, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 12 downloaded the solicitation. Bids were received from three(3) bidders. After staffs review of the bids received, LCN Group, Inc. (LCN) was initially deemed the lowest responsive, responsible bidder. On July 17, 2013, the Commission approved award to LCN as the lowest and best bidder, pursuant to ITB 014-2013-TC. Since City Commission approval of the award to LCN, staff has been attempting secure the required surety bonds from LCN. At the request of LCN, on September 13, 2013, the City issued a two (2) week extension to LCN Group, Inc. to be able to secure the required surety bonds. To date, LCN has not responded to the City's request for the surety bonds or an update on the process. Accordingly, on December 20'', 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A") due to their inability to obtain the required surety bonds. Contract execution proceedings have been therefore terminated. Award is now being recommended to the second lowest, responsive, and responsible bidder to the ITB,whin Diesel, Inc.(Chin). Chin has agreed to hold the pricing submitted in their response to the ITB. RECOMMENDATION Due to the default of the first lowest, responsive, and responsible bidder, LCN Group, Inc., the Administration recommends the award of the contract to Chin Diesel, Inc., the second lowest, responsive, and responsible bidder pursuant to Invitation to Bid (ITB)014-2013-TC, for the demolition of the Normandy Shores Park Building, in the amount of $45,232; plus approve a project contingency of 10%for a not-to-exceed grand total of$49,756; further authorizing the Administration to engage in value en2ineering 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 $42,932 302-2019-069357 Construction Fund OBPI 2 $4,542 302-2019-069358(Contingencies Fund 3 $2,300 E 302-2019-000674 Architect& Engineering Fund Total $49,755 Financial Impact Summary: NIA City Clerk's Office Legislative Tracking: John Rebar, ext. 6643 Sign-Offs: Department D e A Cit Ma er City er JR AD GB I JLM _ T:0,GEN0A12013Uu1y B 014-2013TC—Normandy Sho—re-rrark Building De lition—Summary.doc AGENDA ITEM MIAMI EACH BATE 69 i NAIAMI BEA H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov COMMISSIO MEMORANDUM TO: Mayor Philip Levine and Memberkthe ity m mission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL. TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 0 4-2013TC, FOR THE DEMOLITION OF THE NORMANDY SHORES PARK BUILDING. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure quality and timely delivery of capital projects. FUNDING $42,932 302-2019-069357 (Construction Fund) $4,542 302-2019-069356 (Contingencies Fund) $2,300 302--2019-000674 (Architect & Engineering Fund) $499756. Total BACKGROUND As part of the FY 09/10 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. During project development, the Parks & Recreation Department worked internally to develop a second phase of the park's revitalization, which included a new recreation buildinglactivity pavilion/restroom with storage space, similar to the one built in Fairway Park. A water access/fishing dock and the new playground with shade and safety surfacing was also included. In January 2012, the Parks and Recreation Department met with Commissioner Jorge Exposito and Normandy Shores HOA Projects Committee Chair Mark Wojak to present the second i phase concept and gain initial feedback. Mr. Wojak agreed to take the concept to the Normandy Shores HOA board for their comments. On February 14, 2012, Mr. Wojak recommended that in lieu of the water access concept, the residents on Normandy Shores would prefer a more open green space park which included the demolition of the existing storage building/restroom that is in very poor condition. This restroom is currently utilized by tennis players and a replacement is not included in this project, however, there is a public restroom in the Normandy Shores Golf Club across the street. In addition, a vita course/fitness circuit similar to the one installed in Lummus Park, park furnishings such as benches, trash 7® Commission Memorandum—1TB 014-2013TC—Demolition of the!Normandy Shores Park Building July 17, 2013 Page 2 receptacles etc., new fencing, and landscaping were part of the recommendations provided by the residents. On July 17, 2013, the Commission approved award to LCN Group, Inc. as the lowest and best bidder. After the initial Award Recommendation Approval at the July 17, 2013 Commission Meeting, The City Administration began the process of executing a contract with LCN Group. After several weeks of communication regarding the execution of the contract, LCN Group expressed that they required additional time to secure the required surety bonds. On September 13th, 2013, LCN Group was issued a two week extension by City Administration to submit acceptable surety bonds as required by the ITB. LCN Group was unable to secure said surety bonds within the allotted timeframe. Based on the aforementioned, the City has exercised its right to terminate its proceedings to execute a contract due to their inability to secure the appropriate required Payment and Performance Bonds. On December 20th, 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A"). The City Manager is recommending in moving forward to award this Contract to the second lowest and best bidder, Chin Diesel, Inc. SCOPE OF SERVICES The Scope of Services remains unchanged. Demolition and removal of the Normandy Shores Park Building shall include the following services: The Contractor is responsible for contacting utility companies to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted. • Fences shall remain, unless otherwise instructed to remove them. • Cap all building sewer connections at existing wye locations. Develop an optional asbestos and lead paint abatement report. ® Removal of any identified underground storage tanks. • Provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for the full duration of the project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. Grading, backfill, sodding, and return to grade shall be performed as follows: • All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top 71 Commission Memorandum—ITB 014-2013TC—Demolition of the Normandy Shores Parts Building July 17, 2013 I Page 3 six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. • Final grading shall insure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. . • The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City. • In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City Project Manager; • All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction and shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the Contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc. shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's Project Manager determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The Contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the Florida One Cali System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Contractor will be required to relocate the utility or work around it at no cost to the City. , It will be the responsibility of the Contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or i unexpected utility conflicts occur, the Contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed. Contractor shall also comply with all regulatory agencies requirements for safety and use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or 72 i Commission Memorandum—lTB 014-2013TC—Demo/ition of the Normandy Shores Park Building July 17, 2013 Page 4 other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. • Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. Contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall-be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. Contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Inspection by Department of Building Development Services for final permit shall be requested by the Contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit must be requested by Contractor upon completion of demolition and site clean-up. ITB PROCESS Invitation to Bid (ITB) 014-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 30, 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 and Bidnet issued bid notices to 31 and 276 prospective bidders respectively of which 10 and 2 accessed the advertised solicitation respectively. In addition, 148 vendors were notified via email, which resulted in the receipt of the following three (3) proposals: • Cast Development, LLC • Chin Diesel, Inc. • LCN Group, Inc, The following table provides the proposed total base bid prices of the three (3) responsive bids: LCN Group, Inc. $34,875 Chin Diesel, Inc. $45,232 Cast Development, LLC $46,047 After staffs review of the bids received, LCN Group, Inc. had been deemed the lowest responsive, responsible bidder. Unfortunately, due to their inability to secure the required surety bonds, the City Manager is recommending moving forward with contract execution proceedings with the second lowest, responsive, and responsible bidder, Chin Diesel, Inc. 73 Commission Memorandum—ITB 014-2013TC—Demolition of the Nonnandy Shores Paris Building July 17, 2013 Page 5 Founded in 2001, Chin Diesel, Inc. is a Miami Dade County Licensed Contractor with a Certificate of Competency specializing in demolition services that also possesses extensive knowledge and field experience throughout South Florida. Notable clients include Miami Dade County, the City of Miami, and the City of Pompano Beach, exemplifying their experience with public agencies. In determining responsiveness and responsibility of the second lowest bidder, the Department of Procurement Management verified the following: • Minimum Requirements Chin Diesel, Inc. possesses a Certificate of Competency in Miami Dade County (#11 BS00435) specializing in demolition services and is current in their requirements to all agencies. They maintain a fleet of five (5) dump trucks as well as maintaining various pieces of heavy equipment used during demolition services. ® Past Performance Chin Diesel, Inc. has provided demolition services to the City of Miami, the City of Pompano Beach, and Miami Dade County for the past two (2) years and have proven their ability to handle a wide range of project complexities, ranging from residence demolitions, to intricate marine structures. 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 Chin Diesel, Inc. as the second lowest responsive, responsible bidder due to the default of the lowest, responsive, and responsible bidder, LCN Group, Inc. Furthermore, the City Manager authorizes 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 Chin Diesel, Inc., the second lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 014-2013TC, for the demolition of the Normandy Shores Park Building, due to the default of the lowest, responsible, i and responsive bidder, LCN Group, Inc. in the amount of $45,232; plus approve a project contingency of 10% for a not-to-exceed grand total of $49,756; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS O Attachment A: Notice of Termination of Contract Execution Proceeding Regarding ITB No. 13-014TC, Demolition of the Normandy Shore Park Building. JLM/MT/K /JR/AD T:%AGENDAI2 3`luly 171ProcurementUTB 014-2013TC-Normandy Shores Park Building Demolition-MEMo_docx 74 TABLE OF CONTENTS PAGE NOTICE FOR BIDS ............................................................................... .............5 ........................ MINIMUM REQUIREMENT COMPLIANCE ................................................................................5 NOBID NOTIFICATION FORM ..................................................................................................8 00100. GENERAL INSTRUCTIONS TO O BIDDERS..........................................................9 00200. DEFINITIONS....................................................................................................10 00300. INSTRUCTIONS TO BIDDERS .........................................................................13 1. Examination of Contract Documents and Site ........................................13 2. Pre-Bid Interpretations............................................................................13 3. Submitting Bids ......................................................................................13 4. Printed Form of Bid ................................................................................13 5. Acceptance or Rejection of Bids.............................................................14 6. Determination of Award..........................................................................14 7. Evaluation ..............................................................................................14 8. Contract Price ........................................................................................14 9. Postponement of Date for Presenting and Opening of Bids....................14 10. Qualifications of Bidders.........................................................................14 11. Addenda and Modifications ....................................................................15 12. Prevailing Wage Rates...........................................................................15 13. Occupational Health and Safety.............................................................15 14. Environmental Regulations.....................................................................16 15. "Or Equal" Clause ..................................................................................16 16. Protested Solicitation and Award............................................................16 17. Financial Stability and Strength..............................................................16 18. Miami Beach-Based Vendors.................................................................17 19. Veteran Business Enterprises ................................................................17 20. Equal Benefits Ordinance.......................................................................17 00305.AWARD METHODOLOGY............................................................................................30 00315 BID SUBMISSION REQUIREMENTS............................................................................32 00400. BID/TENDER FORM.....................................................................................................36 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES.........................................39 00407. CONSIDERATION FOR INDEMNIFICATION OF CITY.................................................41 00408. ITB PRICE FORM .........................................................................................................42 00409. UNIT PRICE BID.BREAKDOWN FORM............................................... .....43 .................... 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT..........................44 00500. SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE.................................46 BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 2 00520.SUPPLEMENT TO BID/TENDER FORM - NON-COLLUSION CERTIFICATE..........52 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION.........................................................................53 00540.SUPPLEMENT TO BID/TENDER FORM-TRENCH SAFETY ACT.............................55 00550. RECYCLED CONTENT INFORMATION.......................................................................57 00600.CONTRACT..................................................................................................................58 00708. FORM CERTIFICATE OF INSURANCE........................................................................66 00710.FORM OF PERFORMANCE BOND..............................................................................67 00720. FORM OF PAYMENT BOND ........................................................................................69 00721.CERTIFICATE AS TO CORPORATE PRINCIPAL...... .................................................71 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT...........................................................72 00800. GENERAL CONDITIONS ..................................................................................74 1. Personnel Requirements........................................................................74 2. Project Manual .......................................................................................74 3. Intention of City ......................................................................................74 4. Preliminary Matters ................................................................................74 5. Performance Bond/Payment Bond .........................................................77 6. Qualification of Surety ............................................................................78 7. Indemnification.......................................................................................79 8. Insurance Requirements ........................................................................79 9. Labor and Materials................................................................................82 10. Royalties and Patents.............................................................................82 11. Weather..................................................................................................82 12. Permits, Licenses and Impact Fees........................................................82 13. Resolution of Disputes............................................................................83 14. Inspection of Work..................................................................................84 15. Superintendence and Supervision.......................................................... 16. City's Right to Terminate Contract..........................................................85 17. Contractor's Right to Stop Work or Terminate Contract..........................86 18. Assignment............................................................................................87 19. Rights of Various Interests .....................................................................87 20. Differing Site Conditions.........................................................................87 21. Plans and Working Drawings..................................................................87 22. Contractor to Check Plans, Specifications, and Data..............................88 23. Contractor's Responsibility for Damages and Accidents.........................88 24. Warranty.................................................................................................88 25. Supplementary Drawings .......................................................................88 26. Defective Work.......................................................................................89 27. Taxes.....................................................................................................89 28. Subcontracts ..............................................................................:...........89 BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 3 29. Separate Contracts ................................................................................90 30. Use of Completed Portions........................................... ....90 ...................... 31. Lands for Work.......................................................................................91 32. Legal Restrictions and Traffic Provisions................................................91 33. Location and Damage to Existing Facilities, Equipment or Utilities.........92 34. Value Engineering..................................................................................92 35. Continuing the Work...............................................................................93 36. Changes in the Work or Terms of Contract Documents..........................93 37. Field Orders and Supplemental Instructions......... .......... ........93 ............. ... 38. Change Orders.......................................................................................93 39. Value of Change Order Work.................................................................94 40. Notification and Claim for Change of Contract Time or Contract Price .............................................................98 41. No Damages for Delay...........................................................................99 42. Excusable Delay; Compensable; Non-Compensable..............................99 43. Substantial Completion.........................................................................100 44. No Interest............................................................................................100 45. Shop Drawings................................................................................ ....101 46. Assignment ............................................................... ..........102 ................. 47. Safety and Protection...........................................................................102 48. Final Bill of Materials ............................................................................103 49. Payment by City for Tests ....................................................................103 50. Project Sign..........................................................................................103 51. Hurricane Precautions..........................................................................103 52. Cleaning Up; City's Right to Clean Up..................................................104 53. Removal of Equipment.........................................................................104 54. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act......................................................104 55. Project Records....................................................................................105 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS..........................................106 00920. ADDITIONAL ARTICLES.................................................................................107 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ...................................108 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT...................................109 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION..........................................110 00926. FINAL CERTIFICATE OF PAYMENT ....................... ..112 ..................................... 00930. FORM OF FINAL RECEIPT.............................................................................113 01000. ADDENDA AND MODIFICATIONS................................ ...............114 ................... 02000. TECHNICAL SPECIFICATIONS......................................................................115 04000. ACKNOWLEDGEMENT OF ADDENDA ................... .........116 .............................. 05000. CUSTOMER REFERENCE LISTING...............................................................117 06000. SUB-CONTRACTOR LISTING INFORMATION... ......................119 BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 4 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305.673.7490,'Fax: 786.394.4006 INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING Miami Beach, Florida Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 13th day of June, 2013, for the demolition of the Normandy Shores Park Building. Scope of Work: Contractor shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work as specified herein. Minimum Requirements: Bidders must be licensed as a general contractor in the State of Florida or possess a Miami-Dade County Demolition Certificate of Competency and completed at least three (3) projects of similar size or scope in the past five (5)years approximately. IN ORDER TO BE DEEMED RESPONSIVE, BIDDERS MUST MEET THE MINIMUM REQUIREMENTS SET FORTH HEREIN. NON-RESPONSIVE BIDS WILL BE DISQUALIFIED FROM CONSIDERATION. Estimated Cost: The estimated cost for this project is approximately$50,000. At the time, date, and place noted, bids will be publicly opened. Any bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder. The City is not responsible for delays caused by mail, courier service (including U.S. Mail), or any other occurrence. A Pre-Bid Conference is scheduled for 2 p.m. on May 30, 2013, in the Mayor's conference room located at 1700 Convention Center Drive on the 4th floor. Attendance (in person or via telephone) to this Pre-Bid submission meeting is strongly encouraged and recommended but is not mandatory. Bidders interested in participating in the Pre-Bid meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915#(note that the number is followed by the pound (#) key). Bidders who are interested in participating via telephone, please send an e-mail to. theocarrasco(a�,miamibeachfl.gov expressing your intent to participate via telephone. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 5 The City of Miami Beach Purchasing Division is proud to announce a new partnership with Public Purchase, a web based e-Procurement service. In order to begin, or continue to, receive bid notifications as a current vendor, you must register with this new system. The two-step registration process is detailed below. The City shall switch from our current e-procurement system to Public Purchase effective December 1, 2012. Please register as soon as possible and no later than January 30, 2013, to have uninterrupted access to the City's bids. INSTRUCTIONS 1. Register with Public Purchase: Use the link below to begin the registration process. It can take up to 24 hours for your account to become active. You will receive an email from notices @publicpurchase.com letting you know your account is activated. Be sure to add this email address to your contacts to avoid the bid notification emails being sent to your junk folder. https://www.publicpurchase.com/gems/register/vendor/register. If you are already registered with Public Purchase, please proceed directly to step 2. 2. Register with City of Miami Beach • Once you have received your activation email from Public Purchase, log into www.publicpurchase.com and accept the terms and conditions of use. Click on the following link to start your registration process with City of Miami Beach: http://www.publicpurchase.com/gems/miamibeach,fl/buyer/public/home • Begin by selecting the NIGP Commodity Codes that relate to your business so you can receive email notifications of future bid opportunities. You may be prompted to fill out a • W-9 for the City of Miami Beach records and for tax purposes. This form must be completed before you will be considered a vendor for the City of Miami Beach even if file. City of Miami Beach already has a W-9 from you o n /e. • If, for any reason, the link below fails, use the Public Purchase link in Step 1 and log in. Click "Select Region," and "Select Agency." After selecting City of Miami Beach, click on the "Register with City of Miami Beach" on the right hand side of the City of Miami Beach's logo. It is important that this second part of the registration is complete or you will not receive notifications of upcoming quote opportunities from the City of Miami Beach. It is your responsibility to keep the information up to date, particularly the contacts and email addresses. The City also utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: https://www.floridabidsystem.com/Member/defauIt.asp Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e-mail to theocarrasco(a)_miamibeachfl.gov, mail to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139, or via FAX: (786) 394-4624 no later than June 6, 2013, at 3 p.m. The Bid title/number shall be referenced on all correspondence. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 6 To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TTY) 5 days in advance to initiate your request. TTY users may also call 711 .(Florida'Relay Service). YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE City OF MIAMI BEACH WEBSITE: http://web.miamibeachfi.gov/procurement/scroll.aspx?id=23510 • Cone of Silence—Ordinance No. 2002-3378 • Campaign Contributions by Vendors -Ordinance No. 2003-3389 • Code of Business Ethics— Resolution No. 2000-23879 • Debarment Proceedings -- Ordinance No. 2000-3234 • Protest Procedures—Ordinance No. 2002-3344 • Lobbyist Registration and Disclosure of Fees-Ordinance No. 2002-3363 • Requirement for City Contractors to Provide Equal Benefits for Domestic Partners — Ordinance No. 2005-3494 • Local Preference for Miami Beach-Based Vendors— Ordinance No. 2011-3747 • Preference for Florida Small Businesses Owned and Controlled by Veterans and to State-Certified Service-Disabled Veteran Business Enterprises — Ordinance No. 2011- 3748. Sincerely, Theo Carrasco, Ph.D., CPPB, CPPO Senior Procurement Specialist BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 7 MIA/01BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel:305-673-7000 ext.6230,Fax:786.394.4624 INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company does not handle this type of product/service. We cannot complete the work within the time specified and within the budgeted amount. We cannot. Our company is simply not interested in bidding at this time. Not responding due to untimely payments on previous construction projects awarded. OTHER. (Please specify) We do /do not_want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 8 17 0100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: Demolition and removal of the structure shall include, as applicable. • The contractor is responsible for contacting Utilities to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted. • Fences shall remain, unless otherwise instructed to remove them. • Cap all building sewer connections at existing wye locations. Requires a Plumbing permit. • Develop an optional asbestos and lead paint abatement report • Removal of Underground Storage Tanks: (None have been identified) • Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior to the start of demolition operations. Sediment control shall be maintained for the full duration of the project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Grade and Backfill: Grading, backfill, sodding, and return to grade shall be performed as follows: • All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. • Final grading shall insure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. • The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City's landscape Architect. • Discovery of Hazardous Materials: In the -event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City project manager. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 9 • Clean-Up: All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud-and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during -performance of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed.to enter the water main or irrigation systems. • Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not be placed at the work site. • Street Closures: The Contractor shall not close any street or divert any traffic without prior written approval of the City. • Project Superintendent: The contractor shall have a superintendent or a responsible foreman on the project at all times when work is in progress. • Power: All power for lighting, operation of the contractor's plant or equipment, or for any other use by the contractor, shall be provided by the contractor's sole cost and expense. • Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. • Utilities: The contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or. excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the information made available to the City. The City does not guarantee the accuracy or completeness of such information. Service connections for gas, water, telephone services, sewers, underground electric and lines, and possibly -other utilities are not shown on the plans. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 10 Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor. The contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work, additional payment, or damages. The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. ® Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed under the provisions of these CONTRACT DOCUMENTS. The contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. The contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. Final Permit: Inspection by Department of Building Development Services for final permit shall be requested by contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit MUST be requested by Contractor upon completion of demolition and site clean-up. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 11 3. Location of Work: The work is located at Normandy Shores Park, 2401 Biarritz Drive, Miami Beach, Florida, 33140. 5. ITB Timetable: The anticipated schedule for this ITB and contract approval is as follows: ITB issued May 22, 2013 Pre-Bid Conference May 30, 2013, at 2 p.m. Deadline for receipt of questions June 6, 2013, at 3 p.m. Deadline for receipt of Bids June 13, 2013, at 3 p.m. Evaluation process June 2013 Recommendation to City Commission July 17, 2013 Contract Award July 2013 Projected Project Initiation Start Date August 2013 6. Bid Submission: An original and five (5) copies, as well as a CD copy, of the complete Bid must be received by 3000 p.m. on 13th day of June, 2013. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 12 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or ,pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Attraction: Includes private businesses, public facilities and agencies, nonprofits and other tourism-oriented service facilities. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: (Not Applicable) 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Documents Clarification: (Not Applicable) 1.10 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.11 Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 13 Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.12 Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.13 Contract Time: The original time between commencement and completion, including-any milestone dates thereof, established in Article 2 of the Contract, as may be amended-by Change Order. 1.14 Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.15 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.16 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.17 General Public: A service shall be deemed available to the "General Public" if it is available to anyone, at any time, without any membership or other requirement limiting use by the public at large. 1.18 Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work completed by Contractor. 1.19 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.20 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.21 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. 1.22 Program Manager: Not applicable. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 14 i 1.23 Project: The construction project described in the Contract Documents, including the Work described therein. 1.24 Project Initiation Date: The date upon which the Contract Time commences. 1.25 Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.26 Resident Project Representative: Not applicable. 1.27 Seasonal Business: Any business which is not operated on a year-round basis. 1.28 Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.29 Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by-City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.30 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.31. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. f BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 15 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than seven (7) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than seven (7) calendar days prior to bid opening. 3. Submitting Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, until 3:00 p.m. on the 13th day of June, 2013, enclosed in a sealed envelope, legibly marked on the outside: INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 16 must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Acceptance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (12.0) calendar days from the date of bid opening by delivering written notice of withdrawal to the 'Purchasing Division prior to award of the Contract by the City Commission. 6. Determination of Award: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. C. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 7. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 8. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 9. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to each prospective Bidder. 10. Qualifications of Bidders: Bids shall be considered only from Contractors which submit their bid by the bid's due date; Bidders who meet the "Minimum Requirements"; and Bidders that submit all required documentation as requested under this Invitation to Bid. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 17 In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. 11. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 12. Prevailing Wage Rates: [NA] City ef Miami BeaGh QFdiRanGe Ne, 94 2969 provides tha the Gity e_f Miami BeaGh is a paFty, the Fate ef wages and fFiRge benefits, OF GasI4 Fate ef wages and fFiRge b8Refit payments OF Gash equivalenGe feF similaF skills e PFGjeGtS' a -water, eixsept water-tre-atmGn+ Glities and lift. c+-a+inr,c� . eXG8pt sewage}e. mG ,lities and lift. statieRS; t�� rrsr� arra-rrrr��ro�rr� G. storm idraiRag-e , rd Fead nnnct.r„Griren r eXGept- gmac nr St.r„G n pilings; anr • beaUtifiGatieR pFejeGt6, r , 13. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 13.1. The chemical name and the common name of the toxic substance. 13.2 The hazards or other risks in the use of the toxic substance, including: 13.2.1. The potential for fire, explosion, corrosion, and reaction; 13.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as -being aggravated by exposure to the toxic substance; and 13.2.3. The primary routes of entry and symptoms of overexposure. 13.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 18 f substances, including appropriate emergency treatment in case of overexposure. 13.4. The emergency procedure for spills, fire, disposal, and first aid. 13.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 13.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 14. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 15. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 16. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 17. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 19 Bidders shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. 18. Miami Beach-Based Vendors Pursuant to City of Miami Beach Ordinance No. 2011-3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach- based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 19. Veteran Business Enterprises Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 20. Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic. Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 20 `.f work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Below, please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 21 is to offer any benefits to employees with .Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer .of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance(including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 22 • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. i 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 23 • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 24 [01AMIBEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Informationjj Name of Company: 6�tj /°j C Name of Company Contact Person: 6�rJ CM7 A)Z q Phone Number: 32&Fax Number: �C1-�3� E-mail: C ft,--f� Cff1nJ�/�Z.ecJrs-I Vendor Number(if known): Federal ID or Social Security Number: 6,F-10 7 7/6 Approximate Number of Employees in the U.S.: & (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes +✓No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. _ Race e_SIes_No _ Sex /Yes_No Color /Yes_No _ Sexual Orientation /Yes_No _ Creed /Yes_No. _ Gender Identity(transgender status) /Yes_No _ Religion /Yes_No _ Domestic partner status /Yes_No _ National origin /Yes_No _ Marital status /Yes_No _ Ancestry /Yes_No _ Disability /Yes_No Age /Yes_No _ AIDS/HIV status /Yes_No _ Height ✓/Yes_No _ Weight ✓Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. v/Yes_No BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 25 18 == MIAM I B EA DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number.(if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund?_Yes No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race —Yes_No _ Sex _Yes_No Color Yes No _ Sexual Orientation Yes No Creed —Yes_No _ Gender Identity(transgender status) _Yes_No _ Religion _Yes_No _ Domestic partner status _Yes_No National origin —Yes_No _ Marital status —Yes_No _ Ancestry —Yes_No _ Disability _Yes_No Age —Yes_No _ AIDS/HIV status —Yes_No _ Height —Yes_No _ Weight —Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. Yes No BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 25 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Will your company provide or offer access to any benefits to employees with spouses and/or to spouses of employees that may be assigned to work on the City of Miami Beach contract? _Yes_No B. Will your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees that may be assigned to work on the City of Miami Beach contract? _Yes_No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered"NO"to both Questions 2A and 213,go to Section 4 (at the bottom of this page), complete and sign the form,filling in all items requested. If you answered "YES"to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the 'other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Yes for Yes for Employees No,this Documentation of this Employees with with Domestic Benefit is Not Benefit is Submitted Spouses Partners Offered with this Form Health ❑ ❑ ❑ ❑ Dental ❑ ❑ ❑ ❑ Vision ❑ ❑ ❑ ❑ Retirement(Pension, ❑ ❑ ❑ ❑ 401(k),etc. Bereavement ❑ ❑ ❑ ❑ Family Leave ❑ ❑ ❑ ❑ Parental Leave ❑ ❑ ❑ ❑ Employee Assistance ❑ ❑ ❑ ❑ Program Relocation&Travel ❑ ❑ ❑ ❑ Company Discount, ❑ ❑ ❑ ❑ Facilities&Events Credit Union ❑ ❑ ❑ ❑ Child Care ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 26 19 completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager,or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this ;in the year �( ,at , Aq Signature Mailing Address Name of Signatory City,State,Zip Code aww Title BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 27 20 i MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City,State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 28 21 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 29 CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami_ Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 30 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate. nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting.extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: o The benefits for which the delay is requested are governed by a collective bargaining agreement; O All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and 6 A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 31 � - J I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 32 00305. AWARD METHODOLOGY Staff Review/Recommendation The lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In considering award recommendation, in addition to price, the City may, at its sole discretion, consider any other applicable factor that may be deemed to impact the successful completion of the project or that, otherwise, may be in the interest of.the.City. Veterans and local preferences, as detailed herein, will be applied as applicable in the tabulation of bid prices received. In the review of bids received and consideration of award, the City reserves the right to waive nonmaterial irregularities or technicalities in a bid received. City Manager's Review After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. City Commission Authority The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select (and may authorize value engineering) with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s)will be binding on the contracting parties. Following Commission approval, and prior to execution of the contract with the selected bidder, there shall be a period during which time the contractor is expected to produce a Best Value Risk Management Plan. The Risk Management Plan will be developed taking into consideration the: RAPNAS included in the contractor's submittal; any other risks, identified by other contractors, that the City deems pertinent to the project; any concerns or issues, expressed by the client, that could negatively impact the project's cost and schedule; key personnel interview minutes; contract plans and specifications; and other issues discussed during the pre-contract execution period. During the pre-contract execution period and the development of the Risk Management Plan, the Contractor is expected to complete a number of tasks and activities meant to both identify risks that the Contractor does not control (and the Contractor's plan to minimize those risks) as well as helping to clarify any client concerns and intent. These activities include: reviewing the design and requirements in detail; identifying any issues or concerns and seeking clarifications and approvals for any value-added or value-engineering proposals; coordinating with suppliers and sub-contractors to make sure there are no issues with the requirements, costs or delivery BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 33 schedules; submitting a detailed schedule of the entire project, including critical milestones and any client action items; coordinating with all client representatives and permitting agencies to ensure that their requirements can be met; coordinating any value-added submittals, including providing justifications of their associated costs, if requested; and submittal of an approved Risk Management Plan. The Contractor will be required to submit a standard best value weekly risk management report. The Contractor's Best Value Risk Management Plan and weekly reporting format will be included in the contract. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 34 00315. BID SUBMISSION REQUIREMENTS The following information should be submitted with your bid: CONTENTS OF QUALIFICATION STATEMENT Bid packages must contain the following documents, each fully completed, and signed as required. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Price form. Bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide an Identification Page including the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co-venture, specify) ■ E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. ■ Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) ■ Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. B. QUALIFICATION AND EXPERIENCE OF THE BIDDER'S TEAM It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide: Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Bid. It is recommended that the bidder provide representative projects, as required herein, to include the following information and components: • Bidder's role • Project name • Project location • Brief description of work performed • Names, addresses, telephone number, fax number, and contact name for the following: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 35 • Owner or Agency • Name of General Contractor's project manager and field superintendent • Awarded contract amount and final contract amount • Project Status (Projects may include finally completed projects). • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. C. PAST PERFORMANCE Please provide your client with the Performance Evaluation Letter and Survey attached herein this ITB, and request that your client submit the completed survey to Theo Carrasco, at the following e-mail theocarrasco Ca�,miamibeachfl.gov. Please understand that the City will not accept Client Surveys being sent to our office from the office of the bidder, Surveys must be sent to the Procurement Division from your client's office(s). Bidders are solely responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but not be limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. D. BID PRICE Bidders it dd s ar e required to submit their bid price lump sum using the Bid Proposal Form found in Section 00408. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 36 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6230; Fax: 786-394-4624 Date 2_9- 13 To: C(7 OF t"�P,4/y0 &?gcN -(Client's Name) Individual Providing the Survey Response: srgW4mlz A 4✓g79 Phone: q*4. 7W• 1525 Fax: 51/. 7&6 1104-3 E-mail: .SAZ-t/ i2 ,2HY� C&I Co�� Subject: Performance Evaluation of CR, ►J[EseL-, INC. (Construction firm and/or Project Manager/Superintendent) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications, experience and successful project completions on past municipal and private construction projects. The information will be used to assist City of Miami Beach in the selection of qualified firms that can complete the demolition of the Normandy Shores Park Building. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment and score accordingly. Please return this questionnaire to Theo Carrasco by 3 p.m. on June 13, 2013, or earlier, by fax: 786-394-4624 or e-mail theocarrasco@miamibeachfl.aov. Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. BID NO: 014-2 3TC CITY OF MIAMI BEACH DATE:June 13, 2013 37 15 MIAMBEACH City of Miami Beach, 1700 Convention Center.Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION TeL 305-673-7000 ext. 6230; Fax: 786-394-4624 Date 5. 2-c)- I E (Client's N me) Individual Providing the Survey Response: 460001- V74-&&#W Phone: '186 . 3 1-C 2777 Fax: &v- 3V S-- Z E-mail: AT4-6tW PM0oWAA0e- De Subject: Performance Evaluation of ez,e I Nc (Construction firm and/or Project Manager/Superintendent) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications, experience and successful project completions on past municipal and private construction projects. The information will be used to assist City of Miami Beach in the selection of qualified firms that can complete the demolition of the Normandy Shores Park Building. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment and score accordingly. Please return this questionnaire to Theo Carrasco by 3 p.m. on June 13, 2013, or earlier, by fax: 786-394-4624 or e-mail theocarrascoAmiamibeachfl.aov. Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. BID Igo: 014-2013TC CITY of MIAW BEACH DATE: June 13,2013 37 13 l MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6230: Fax: 786-394-4624 Date �' • f To: Co (Client's Name) Individual Providing the Survey Response: .5/2&VT &VAA nAd Phone: 30S_. 32-J_-OX13,0 Fax: .3D . �2��• IB& E-mail: h 6b.<a tie 7Ww Subject: Performance Evaluation of (Construction firm and/or Project Manager/Superintendent) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications, experience and successful project completions on past municipal and private construction projects. The information will be used to assist City of Miami Beach in the selection of qualified firms that can complete the demolition of the Normandy Shores Park Building. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment and score accordingly. Please return this questionnaire to Theo Carrasc® by 3 p.m. on June 13, 2 013, or earlier, by fax: 786-394-4624 or e-mail theocarrasco(oD-miamibeachfi.gov. Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. BID NO: 014-2013TC CITY OF MIAMI BEACH, DATE:June 13, 2013 37 11 � a i MIAMI C City of Miami Beach, 1700 Convention Center Drive, Miami Beact), Florida 33139, www.miami beachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6230: Fax: 786-394-4624 PERFORMANCE EVALUATION SURVEY ITE 014-2013TC Project Name: ��56q JA16 Jr'-/ AeV i Being Recommended (7(4 P� `�lI - W C - Name of Contracting F rm g � Phone and/or e-mail of the above Contracting Firm: Please evaluate the performance of the Contractor's firm on a scale of 1-10, with 10 meaning you are very satisfied and have no Questions about hiring them again, and 1 meaning you would never hire them again because of very poor performance. NO CRITERIA UNIT 1 ' Ability to manage the project cost (minimize change (1-10) orders 2 Ability to maintain project schedule (complete on-time or (1-10) earl 3 Quality of workmanship (1-10) Professionalism and ability to manage (includes 4 responses and prompt payment to suppliers and (1-10) subcontractors Close out process (no punch list upon turnover, 5 warranties, as-builts, operating manuals, tax clearance, (1-10) etc. submitted promptly 6 Communication, explanation of risk, and documentation 1-10 Ability to follow the users rules, regulations, and ( ) 7 requirements (housekeeping, safety, etc... 1-10 8 Overall customer satisfaction and hiring again based on (1-10) performance comfort level in hiring contractor again) Overall Comments: Company providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Tease return this questfolnnafre to Theo Carrasco by June 13, 2013 via fax: 786.394.4624 or email theocarras ibeachfE.M. BID NO: 014-20iM CffY OF MIAMI BEACH DATE:guns 13, 2013 38 12 MIAMABEACH City of Miami Beach, 1 700 Convention Censer Drive, Miami Beach, Florida 33139,www.miamibeachfi.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6230: Fax: 786-394-4624 PERFORMANCE EVALUATION SURVEY ITB 014m20MC Project Name: �?FXWe-1WrV,.J Name of Contracting irm Being Recommended (4 1� 9 g � Phone and/or e-mail of the above Contracting Firm: L06fffin►1.)1ES4•e; Please evaluate the performance of the Contractor's firm on a scale of 1-10, with 10 meaning you are very satisfied and have no questions about hiring them again, and 1 meaning you would never hire them again because of very poor performance. NO CRITERIA UNIT Ability to manage the project cost (minimize change i orders) (1-10) 2 ability to maintain project schedule (complete on-time or (1-10) earl 3 Quality of workmanship (1-10) Professionalism and ability to manage (includes 4 responses and prompt payment to suppliers and (1-10) subcontractors Close out process (no punch list upon turnover, 5 warranties, as-builts, operating manuals, tax clearance, (1-10) etc. submitted promptly 6 Communication, explanation of risk, and documentation 1-10 Ability to follow the users rules, regulations, and (1-10) requirements (housekeeping, safety, etc...) Overall customer satisfaction and hiring again based on 1-10) 8 performance comfort level in hiring contractor again) Overall Comments: Company providing Referral: Contact Dame: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Please return this questionnaire to Theo Carrasco by June 13, 2013 via fax: 786.394.4624 or email theocarras�c@ iam!beachfl•�� 840 NO: Qik-2013TC Cr-Y OF M 6fiLhilI IS EACH DATE:June 13, 2013 38 14 " I BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-6737000 ext. 6230: Fax: 786-394-4624 PERFORMANCE EVALUATION SURVEY ITE 014-201 3TC Project Name: ?)FXW4eMVfJ 04 .e - Blame of Contracting irm Being Recommended ( � g g Phone and/or e-mail of the above Contracting Firm: � �� ' �� C�N �eeltj��• Please evaluate the performance of the Contractor's firm on a scale of 1-10, with 10 meaning you are very satisfied and have no questions about hiring them again, and 1 meaning you would never hire them again because of very poor performance. NO CRITERIA UNIT 1 Ability to manage the project cost (minimize change (1-10) orders 2 I Ability to maintain project schedule (complete on-time or (1-10) earl 3 Qualit y of workmanship (1-10) .Professionalism and ability to manage (includes 4 responses and prompt payment to suppliers and (1-10) subcontractors Close out process (no punch list upon turnover, 5 warranties, as-builts, operating manuals, tax clearance, (1-10) i etc. submitted promptly 6 Communication, explanation of risk, and documentation 1-10 7 Ability to follow the users rules, regulations, and (1-10) requirements (housekeeping, safet ,' etc... 8 Overall customer satisfaction and hiring again based on (1-10) erformance comfort level in hiring contractor again) Overall Comments: I Company providing Referral: Contact fume: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: F-f'ea:se return this questianna:ire to Thee Carrasco by June 13, 2013 via fax: 786.394.4624 or ernael theocarrasco @miami beach �[•��• ISM NO: 014,-2013TC cr Y CIF MIAMI BEACH DATE: June 13,2013 38 16 00400. BID TENDER FORM Submitted: Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, 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. i BID NO: 014-2013TC CITY OF MIAMI BEACH DATE: June 13,2013 39 26 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: I�r D• / Attached is a Bid Bond [ J, Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: L ko T�I eG el , �In 0- - City/State/Zip: N (A r\ 1"A arc,i , F L ::BI Telephone No.: C-63 U) 2Z q' 33-3 Social Security No. or Federal Dun and I.D.No.: (Ps-10-ri I (Oto Bradstreet No.: Oq-q US° 9051 (if applicable) If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 40 27 (Sign below if incorporated) 1 C i► 1 �cJ V) r ATTEST: (Type or Print Name of Corporation) Xr ecretary (Signature and Title (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: F i ori'a l BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13, 2013 41 28 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 4. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 42 f IAfe l-DA,QE COUNTY 2012 LOCAL BUSINESS TAX RECEIPT 2CI13 FIRST-CLASS TAX COLLECTOR FAIAMI=DADE COUNTY-STATE OF FLORIDA U.S.POSTAGE 140 IV.FLAGLER St. EXPIRES SEPT.30,2013 FDIC 1tt FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS MIAMI,FL I=I FL Ps f fE&P- 33� � PURSUANT TO COUNTY CODE CHAPTER SA-ART.St 10 PERfArT NO.231 THIS IS NOT A BILL-DO NOT PAY 660562-1 RENEWAL BUSINESS NAME/LOCATION RECEIPT NO. 687630-5 CHIN DIESEL INC DOING BUS IN DADE CO OWNER CHIN DIESEL INC Sec.Type of Easiness EMPLOYEE/S 213 SERVICE BUSINESS 1 THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT.IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY mXISTING REGULATORY OR ZONING LAWS OF THE DO PICT FORWARD COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE CHIN RED BY LAW.NOTUA CERTIFICATONSOF CHIN DIESEL INC THE HOLDER'S OUALIFiCA- no NS. LEON CHIN-YOU FIRES no � 182MIAMI 0NE 144 ST PAYMENT RECEIVED WIAMI-DADE COUNTY TAX PY FL 343181 COLLECTOR: 07/11/2012 04010189001 t Q00075.®� :�►: .:=:�::,�7 ��Ellf l��dt�lt�tl{��F�i�l�[��-�I�I�ii��1 l�f��[1��61l��1��i�aiE, SEE OTHER SIDE lam.rm-VIADECOUN'TY 201 Pa. LOCAL SUSINESS TAX RECEIPT FIRST-CLASS TAX COLLECTOR tAIAMI-LADE COUNTY-STATE OF FLORIDA U.S.POSTAGE 140 W.FLA,GL ER ST. EXPIRES VEPT.30,2013 PAID 1st FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS I�tAF�I,FL MIAMI,FL 33'130 PURSUANT TO COUNTY CODE CHAPTER E'A-ART.E�la �E�fIA IBC.231 687843-4 THIS IS NOT A BILL-CO NOT PAY RENEWAL 11 UNI �LIL,r"We CC 0RErffigff 435 715408-1 1820 PEE 144 ST 33181 NORTH MIAMI 'TWIN DIESEL INC 1> Se`ivyce§ f 4tTY BUILDING CONTRACTOR !�'ORI�E2R/S r�. a � a ® ''► ✓� THIS IS ONLY A Local I.��. ✓ BUSINESS TAX RECEIPT.iT DOES NOT PE THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE DO NOT FORWARD 1 I a COUNTY OR CITIES. NOR { J DOES IT EXEMPT THE ® ,( r - HOLDER FROM ANY OTHER CHIN DIESEL INC PERFAIT OR LICENSE YOU FIRE S REQUIRED BY LAW.THIS IS LEON p �Cp H I PE THE HOLDER'SIQUALIFlCAF 1®20 PEE 144 ST ; C3 cn TIONS. NORTH MIAMI EL 33161 ?' � , n rno PAYMENT RECEIVED 1' O � �fz/i MIAMI-DADE COUNTY TAX ! n ® (n COLLECTOR: C g0�7m/23/p20�1p 2y� + l, `-� 0 4 0 1 0 2 0 0 0 1 ii%l FFl 6FPE!!CiyFt!!:Fl t�ll;iilttll�Fli�i:Fllllittl�ly➢( Ix G60845.00 22 �^ o a SEE OTHER SIDE m c . C O E I { O CD m I i t i City of North Miami i Em X11`y/ 776 N.E.125 Street • North Miami, FL 3311 305-893-6511 �'� f p l 1 M I Business Tax Receipt/Certificate of Use REMOVAL OF DEBRIS Issued Date: 10/1/2012 I Expiration Date: 9/30/2013 l Business Tax Receipt*: BT-003083 Business Name!Address: CHIN DIESEL INC 1820 NE 144 ST CHIN DIESEL INC NORTH MIAMI,FL 33181 9861 NW 3RD ST r PEMBROKE PINES,FL 33024 Michael A.Etienne,Esquire,City Clerk i e 1 NON-TRANSFERABLE • POST IN A CONSPICUOUS PLACE • NON-TRANSFERABLE DR-13A �3 Florida Annual Resale Certificate for Sales Tax R.1012 THIS CERTIFICATE EXPIRES CEO DECEMBER 31, 2013 DEPARTMENT OF REVENUE Business Name and Location Address Certificate Number CHW DEESEL INC 23-801191944,5-7 16030 NE ISTH PL APT 3 NORT H WAMI BEACH FL 33162-5769 This is to certify that all tangible personal property purchased or rented,real property rented,or services purchased by the above business are being purchased or rented for one of the following purposes: • Incorporation as a material,ingredient,or Resale as tangible personal property. ° Re-rental as real property. P 9 • Re-rental as tangible personal property. ° Incorporation into and sale as part of the repair of component part of tangible personal property • Resale of services. tangible personal property by a repair dealer. that is beg.'ng pr ced b ma facturing, Re-rental as transient rental property. compoxtndi ,or roc This certificate cannot be assigned or transferred. This certificate can only be used by the active registered �e r or its tho ed employees. Misuse of this Annual esa e Certifira ill subject the user to penalties as provided by law. Use signed p atoCopy for r al urpo�. f /Nc PreSe6L$eCg$o: � r Presented by: (Insert name of seller on photocopy) (date) Authorized Signature(Purchaser) (date) 31 CITY OF MIAMI BEACH CAPITAL IMPROVEMENTS PROGRAM INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING Note: The CONTRACTOR shall obtain and pay for any permits required for execution of the work; provided however, that the City will waive City of Miami Beach permit fees. The City of Miami Beach will waive City permit fees; however, the Contractor will be responsible to pay for Miami Dade Code Compliance fees. Public Works Department Right-of-Way permits will be required. PERMITS I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) III. FLORIDA DEPARTMENT OF TRANSPORTATION IV. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT V. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) VI. FLORIDA POWER AND LIGHT(FPL) VII. CITY OF MIAMI BEACH VIII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD) BID NO; 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 43 ,i 00407. CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 [ X] Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, to be considered responsive.] BID RIO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 44 ,i 35 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 014-2013TC-Demolition of the Normandy Shores Park Building COMPANY NAME: Chin Diesel,Inc. Section 1-Bid Proposal Division Summary Tota I Division 1-General Conditions $ 16,275.00 Division 2-Sitework $ 23,507.00 Division 3-Landscape $ 5,450.00 Numerical Total Base Bid 1 $ 45,232.00 Written Total Base Bid(dollars)21 Forty-five Thousand Two Hundred Thirty-two Section 2-Bidder's Affirmation Company: Chin Diesel,Inc. Address: 1820 NE 144th St,North Miami FI 33181 Telephone: 786-229-3336 Email: Leon@ Chi ndiesel. o Signature: Title/Printed Name: President/Leon Chinyou 1 Numerical totals should be written using 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. i I ITB 014-2013TC-Demolition of the Normandy Shores Park Building 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 ITEM TOTALS,OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. BIDDERS ITEM DIV. DESCRIPTION NO. QUANTITY UNIT UNIT PRICE TOTAL Division 1-General Conditions 1 BONDS AND INSURANCE 1 LS $ 3,000.00 $ 3,000.00 2 MOBILIZATION 1 LS $ 2,000.00 $ 2,000.00 3 GENERAL CONDITIONS 1 LS $ 1,250.00 $ 1,250.00 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $ 4,000.00 $ 4,000.00 5 JINDEMNIFICATION 1 LS $ 25.00 $ 25.00 6 IMAINTENANCE OF TRAFFIC 1 LS $ 1,000.00 $ 1,000.00 7 ALLOWANCE:PERMIT FEES 1 LS $ 5,000.00 $ 5,000.00 Division 1-General Conditions Total:1 $ 16,275.00 Division 2-Sitework Demolition 8 805 SF 1 STORY C.B.S.BUILDING INCLUDING SLAB ON GRADE 805 SF $ 14.00 $ 11,270.00 9 1875 EXISITNG CONCRETE SLAB TO BE REMOVED 1,875 SF $ 3.00 $ 5,625.00 10 CONCRETE SAW CUT 6S3 LF $ 4.00 $ 2,612.00 Existing Electrical&Water Utilities-Cap and Retain existing utilities for future use. 10 RETAIN WATER AND ELECTRICAL SERVICES 11 EA 1 $ 4,000.00 $ 4,000.00 Division 2-Sitework Total:j 23,507.00 Division 3-Landscape Landscape 11 1 REGRADE SLAB ON GRADE 2,680 SF $ 1.25 $ 3,350.00 Landscaping 12 ST.AUGUSTINE SOD'FLORATAM'PALLETTES 1 2,8001 SF 1 $ 0.75 $ 2,100.00 Division 3-Landscape Total: $ 5,450.00 Total Base Bid: $ 45,232.00 37 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at 'by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated Bank name This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 47 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 48 00500 SUPPLEMENT TO BID/TENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? Additionally, list below or attach a list of all the names of all individuals team members included in this bid and their respective responsibility. Lice nse/Certification#/Registration# #Years //-65— ®oA��s 2 1A. What business are you in? 756W1-0U7'i0�1 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? �o 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. O"L= 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies,igor nstitgtion or which you have performed work: 4.1. lutml !�I! 1,Utftl 3 7�- (name) (address) ? phone#) 4.2. M / 3 312X- 3Gf 32,C 0-S-3v (name) (address) (phone #) BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 49 n8 4.3. er �(/r � 3 S-0 (name) (address) (phone#) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) ORIGINAL CURRENT DATE OF %OF NAME OF OWNER& CONTRACT CONTRACT COMPLETION COMPLETION PROJECT PHONE# VALUE VALUE PER CONTRACT TO DATE /3,2Sa'uo ��3,ZJ� 'v'' �_50_ZU/ � u� .�Tl�l/Grl101� WM! 7%'3V..1-277 D z:trev mr-11/0 �-Cweo 5;� Zvi✓.kV 1"0W r' WffiWi W-3ZC-ca (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? _ v,-' Yes No 7. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work: L am/ C6riv orl C-fer 8. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 8.1 The correct name of the Bidder is � ��C- 8.2 The business is a (Sole Proprietorship) (Partnership Corporation. 320 Ar E t W XT k/- V(A-eW F. 3re�l. 8.3 The address of principal place of business is 1920 N& l I(V J'�- WIoWI �2 3 3/'ffl 8A The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 460n/ Z /op-rl leo �,�rle'qo Ca t2z. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 50 1)9 8.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. WIA16'04PX 2r�. l�vc GV/IUC7- ee*.*y C&�Vw 609 w, XeVEUe-W&V �Ay, :7;L /fv c. 8.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 8.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 8.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. ��anrE BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 51 40 8.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. Wo N c--,- 8.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 8.11. Under what conditions does the Bidder request Change Orders. /W&L%r er-,,r- 601Vlb/n0v s, Mhl710MX 8.12 You must provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. /XV/V c6lew y0// 1�0662 DID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 52 41 9. Individuals or entit' s (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. 10. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal -Government or any State or Local Government or subdivision or agency thereof? Yes No 11. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? Yes ✓ No If the answer to 10 or 11 is yes, attach a written detailed explanation. 12. Is the business entity a Miami Beach based Vendor? Yes ( ) No (�)' If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 13. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Busin s? Yes ( ) No BID NO: 014-2013TC CITY OF MIAMI BEACH DATE: June 13,2013 53 42 VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: IF CORPORATION: Signature Print Name of Corporation �9 / Print Name Address Title: WIT 1 ' Signature . P . MICHAEL A MAJOR •°: MY COII MISSION#EE883541 Print Name EXPIRES March 13,2017 4 ?)X01 53 Title: (CORPORATE SEAL) r Attest: Secretary DID NO: 014-2013TC CITY OF MIAMI BEACH DATE: June 13,2013 54 43 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION-CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_�5 The undersigned, as Bidder, declares at the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 014-2013TC. SIGNATURE 7 l;0N am-/at, PRINTED NAME TITLE (IF CORPORATION) BID NO: 014-2013TC CITY OF MIAMI BEACH DATE: June 13,2013 55 44 'k 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIVE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; 5 Notifying the City in writing within ten (10) calendar days after receiving notice under i O fY 9 Y subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and BID NO: 014-2013TC CITY OF MIAMI BEACH 56 DATE:June 13, 2013 (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). (Bidder Signature) cew^j ?,S/6 /N C. (Print Vendor Name) STATE OF 4d;�.COUNTY OF fN1(—fore oin instrument was acknowledged before me this day of �;� , 9 20/,3 by 617iA t-oc...A- as ++ (name of person whf use signature is being notarized) ��►�t��:�;_ (title) of C�6�r i d 0- L-:5 e/ (name of corporation/company) known to me to be the person described herein, or who produced as identi ication, and who did/did not take an oath. NOTARY PUBLIC: (Signature) MICHAEL A MAJOR MY COMMISSION d EESB3541 J� EXPIRES March 1S.2017 Aom (Print Name) My commission expires: /4" 17 BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 57 46 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the-Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method j4$F,+cq �Ood o ODD ar' i i2� '6�nnow SQ Total $ 4Da vo BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 58 4" IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. C , z - ln1C . Name of Bidder Z-c Authorized Signature of adder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, (i.e. DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED, AND METHOD). BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 59 48 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, .Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 60 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 CHIN DIESEL, 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 sixty (60) 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. 61 BID NO: 014-2013TC DATE:June 13,2013 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. 62 BID NO: 014-2013TC DATE:June 13, 2013 [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. 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. 63 BID NO: 014-2013TC DATE:June 13, 2013 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. 64 BID NO: 014-2013TC DATE:June 13, 2013 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. 65 BID NO: 014-2013TC DATE:June 13,2013 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: 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: Chin Diesel Inc. 1820 N.E. 144 1h Street North Miami, Florida 33185 Attn: Leon C. Chin-You Email: leon@chindiesel.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. 66 BID NO: 014-2D13TC DATE:June 13, 2013 i 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. 67 BID NO: 014-2013TC DATE:June 13,2013 IN WITNESS WHERE l�tone,� , have set their hands and seals the day and year first above written. ' '�+'�, , ATTEST: TH CITY OF MIS INCORP RATED: i City derk `... �° yor WH 26 / Contractor MUST EXECUTE T S CON S INDICATED BELOW. USE CORPORATION OR NONCORPORATION F S APPLICABLE. [If incorporated sign below.] Contractor ATTEST: 6K1 / CL. /a�C - (Name of r ra n) , By: (Secr tart') (Signature) r 4WAJ CfflN you, ;ES/LAN (CGrporate Seal) (Print Name and Title) MC day of , 20 [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 Tt P:\PURC\$ALL\THEO\ITB\ITB 014-2013TC-Normandy Shores Demolition\Contract\ITB-014-2 kW It CATMUIAGa. A FOR EXECUTION 68 BID NO: 014-2013TC ttom Date DATE:June 13, 2013 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 69 DATE(MWDD/YYYY) ACC_>R1> CERTIFICATE O LIABILITY INSURANCE 03/29/2013 09:09 AM * 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 cerficate 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: Iiighpoint Risk Services LLC PHONE(A,C NO,EA): (800)728-0623 FAII(NC,NO):(972)404-0380 5501 LBJ Freeway, Suite 1200 E-MAIL ADDRESS: Dallas, TX 75240 INSURERS AFFORDING COVERAGE NAIC S a INSURER A:Companion Property and Casualty Insurance Company 12157 INSURED: Aspen Staff Leasing, Inc. 1/c/f: INSURERB: CHIN DIESEL, INC. INSURER C: 9861 NW 3RD ST INSURER D: PEMBROKE PINES, FL 33181 Phone: (786) 229-3336 Fax: () - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: AC13-43000015-1186165 REVISION NUMBER: 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 TYPE OF INSURANCE AD R SUB POLICY NUMBER E( EFTE AAAD LIMITS R I DATE R Y Y) DA D /YY) EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ® OCCUR ❑ ® MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG POLICY jppef M LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB (Ea accident) $ ANY AUTO UUUILY INJURY(per person ALL OWNED AUTOS D ❑ BODILY INURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB CLAIMS-MADE EACH OCCURRENCE $ EXCESS LIAB OCCUR AGGREGATE $ DEDUCTIBLE ® El $ RETENTION $ $ X IS EMPLOYERS'LIABILITY YIN ANY PROPERIETOR/EXECUTIVE E.L.EACH ACCIDENT $ 1000000 OFFICER.MEMBEREXCLUDED? a N/A DPE262�2740360 04/01/2013 04/01/2014 E.L.DISEASE-EA EMPLOYEE $ 1000000 A (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1000000 SPECIAL PROVISION below El El DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES(Attached ACORD101,Additional Remarks Schedule,It more space Is required 1. This certificate remains in effect, provided the client's account is in good standing with.Aspen Staff Leasing, Inc.. Coverage is not provided for any employee for which the client is not reporting wages to Aspen Staff Leasing, Inc. . Applies to 100% of the employees of Aspen Staff Leasing, Inc. leased to CHIN DIESEL, INC., effective 04/01/2013 2. INSURED IS AFFORDED USL&H COVERAGE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Chin Diesel, Inc. THE POLICY PROVISIONS. 9861 NW 3rd St. Pembroke Pines, FL 33181 AUTHORIZED REPRESENTATIVE rr ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION.All right reserved. 32 OP ID:AG CERTIFICATE F LIABILITY INSURANCE DATE 10/2 512 0 1 YYJ � �oias�2o�a 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 endorsements). PRODUCER Phone:877-304-23231 NAMEACT M&L Insurance Agency,Inc. Fax:954-840-0320 PHONE FAX .2855 N,University Dr.Ste.110 (ev_C,No.E:t): Coral Springs,FL 33065 E-MAIL - — ADDRESS: Allison 'irl Ith PRODUCER -CHIND-1 CUSTOM R ID q, -- _ ---------- - -- - - - _ INSURER(S)AFFORDING_COVERAGE __ N_A1C p_ INSURED CHIN DIESEL INC. INSURER A:Travelers Casualty Insurance _19046 9861 NW 3RD ST INSURER B:SCOTTSDALE PEMBROKE PINES, FL 33024 41297 INSURER C INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: FEXCLUSIONS HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DICTED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF 7-i dLICY EXP TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY : LIMITS GENERAL LIABILITY I EACH OCCURRENCE S 1,000,00 B X COMMERCIAL GENERAL LIABILITY I iCPS1607311 07/13/2012 07/13/2013'OE!^MLS TO PREMISES(Ea occurrenceL__S 100,00 CLAIMS-MADE 1X:1 OCCUR i i MED EXP(Any one person)_ E 5,00 ______ ___• I i PERSONAL 8 ADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,00 GEI•I'L AGGREGATE LIMIT APPLIES PER i PROD_UCTS-COMP/OP AGG S -_- - 1,000,00 .. POLICY, - PRO—LOC AU70MOBILE LIABILITY i COMBINED SINGLE LIMIT 1 (Ea accident) S 1,000,00 ANY AUTO I BAB B058164 06/16/2012 06/16/2013 - BODILY INJURY(Per person) S _ ALL OWNED AUTOS BODILY INJURY(Per acadenl; $ A X— SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS i (Per accident) $ A X NON-OWNED AUTOS I -$ i S UMBRELLA LIAB OCCUR i EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE i _-_ __ -- --- ---- I i AGGREGATE DEDUCTIBLE t 3 RETENTION S i S WORKERS COMPENSATION , I WC STATU- OTH- ANE EMPLOYERS'LIABILITY YIN I I 'TOR,L1MIS.L2 ES. ANY PROPRIETOR/PARTNER/EXECUTIVE OFF CER/MEMBER EXCLUDED? ❑I N/A, E L EACH ACCIDENT__ S _ (Mandatory in NH) i E L DISEASE EA EMPLOYEE,b If ye 3,describe under ----- --—---- - -__ DESCRIPTION OF OPERATIONS below i E.L DISEASE-POLICY LIMIT 3 FA _COMPREHENSIVE BABB058164 06/16/2012 06/1612013 $1000 DIED COLLISION BA88068164 06/16/2012;06/16/2013 DESCRIPT ON OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,11 more space Is required) SEE ATTACHED SCHEDULED B CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT TIVE Allison Gr' I b-MV0y ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD JJ State of Florida Department o State I certify from the records of this office that CHIN DIESEL, INC. is a corporation organized under the laws of the State of Florida, filed on February 13, 2001. The document number of this corporation is P0100001605 5. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on January 21, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of June, 2013 r Secretary of State Authentication ID:CU5893188153 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.htmi 34 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by 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: 3.1. 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: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 70 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 day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 71 00720. FORM OF PAYMENT BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if 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 directly or indirectly by 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: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 72 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 day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 73 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary(on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this, day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 74 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 75 This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 76 00800. GENERAL CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 77 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: () Bar Chart () Modified CPM N CPM (X) Computerized CPM using the latest edition Primavera P3 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P3 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P3, to develop and update the Primavera P3 proiect schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 78 The Project Schedule shall be the .basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to -provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3. A preliminary schedule of Shop Drawing submissions; and 4.1.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 79 the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within fifteen (15)calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 80 6. Qualification of Surety 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed -by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall 'review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class 1,000,001 to 2,000,000 B+ Class 11 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000;000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 81 currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1. Without limiting any of the other obligations or liabilities of Contractor , Contractor shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth herein. 8.1.1. Workers' Compensation insurance as required by Florida Statutes, Chapter 440. In addition, the policy(ies) must include: 8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 8.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 82 8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [X] 8.1.2.1.Premises and/or Operations. [X] 8.1.2.2.Independent Contractors. [X] 8.1.2.3.Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [X] 8.1.2.4.Explosion, Collapse and Underground Coverage. [X] 8.1.2.5.Broad Form Property Damage. [X] 8.1.2.6.Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 8.1.2.7.Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [X] 8.1.2.8.City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. 8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 8.1.3.1. Owned Vehicles. 8.1.3.2. Hired and Non-Owned Vehicles. 8.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 83 [X] 8.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, adding the City as a Named Insured, as their interest may appear, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 8.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by City. [ ] 8.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ ] 8.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 8.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 8.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 8.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 8.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide City with at least thirty(30) days notice of cancellation and/or restriction. 8.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 84 Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 8.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 85 necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 86 14. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1.Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 87 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and equipment on the Project site as may BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 88 i be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall.exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. 16.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 16.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 89 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Workinq Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 90 or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 91 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 92 directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor-on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. [] 28.4. Contractor shall perform the Work with its own organization, amounting to not less than XX% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 93 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: in h Contract Documents the lands 31.1. City hall provide, as may be indicated the , Y p Y upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 94 in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor DS responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of-its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made b the Contractor are to be made to the satisfaction of the utility p Y owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 95 Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 96 Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 97 costs shall be in amounts no higher than those prevailing in the locality of the. Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 98 `:i specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by Contractor's fee. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 99 i 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net 'decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 100 39.6. Whenever the cost-of any work is to be determined pursuant to Sections 38.2 and 38.3, -Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together-with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit-or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 101 contractor employed by City, fi-res, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-com pensable: (a) Compensable Excusable Delay. Excusable Delay is com ensable when (i ) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 102 recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one thousand four hundred,dollars ($1,400) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of, Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 103 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of, its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to 'Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within fourteen (14) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 104 i 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall -be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 105 not designated for removal, relocation or replacement in the course of construction. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. [X] 48.Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 106 to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractors decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 107 Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 108 00900. SUPPLEMENTARY SPECIFICATIONS (Not Applicable) it BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 109 00920. ADDITIONAL ARTICLES: [ ] 1. Prevailing Wage Rate Ordinance [N/A] This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and.apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations;, b. sewer, except sewage treatment facilities and lift stations; C. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [] 2. Federal Grant Projects: [N/A] 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through , federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations.published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual.00922. BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 110 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of -' 20- (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 111 `f; 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 112 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently compete I in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 113 Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 114 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida B Y Contract Administrator Date BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 115 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 116 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as Addendums to the Contract Documents. (Please see page 15.) BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 117 02000. TECHNICAL SPECIFICATIONS: (Not Applicable) BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 118 04000. ACKNOWLEDGEMENT OF ADDENDA INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: A Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Date rvc_ -10-► fh l ls� 3 Bidders- Name Date Signature BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 119 49 05000. CUSTOMER REFERENCE LISTING General Contractor (and/or Sub-Contractors) shall furnish the names, addresses, telephone, fax numbers and e-mail addresses of a minimum of 8 references of a minimum of four (4) separate completed projects. 1) Company Name e,:) Address Cq Afa Nojerq lelt/&e Aetre 1,ltav; It. 33/2U'- Contact Person/Contract Amount ?Z'S7V7_ 1C11�WAI Telephone: 3&r' 37,S_ 0-30 Fax: E-mail: tLu ► Jan oYahm C4"l 2) Company Name A"hu/ � � 6aov r-11 Address /�� -t�y �o ,1'r ,( 33/7, Contact Person/Contract Amount 169400 G zri� Telephone:780' 3(f Z772 Fax: 7 2-Stz E-mail: A1;06e L0 WOWMac �1w 3) Company Name lays Tzoo"'wC-'tie Z_ Address 1(&Z-1 Sai 32 � Contact Person/Contract Amount Gu(S jeO i Telephone: ��.'o'2q,� 22DCo Fax: 30S 9eZ9^ 9*18" E-mail: W(J Cp �/��N� �L,tn�S. arm 4) Company Name 6Zy � Y Address oqy Z Rye Contact Person/Contract Amount �Ey tgewtr6Z - Telephone�3dS- YI&• 2 5;7� Fax: 3 a-' Y®CJ '!56Z45 E-mail: �� /°�� (.. ' / !/ 6o% BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 120 50 5 Company Name zrrx , Address kb ^f E /Z'� ST ./�•.�il�N; ��/<° A4L,AqAl Contact Person/Contract Amounts Telephone: 3�?iZ- W50 Fax: 3&C� t3 r/• 7/1/3 E-mail: dJMlie E71;bG9Gze2e,-0. eeekj 6) Company Name �EPj12EGff� �A1�r ��o�1 Address 2 l MURfgo-YA 6V.4y% rt!/ 1; fZ 331 Z. Contact Person/Contract Amount /4-7r#- Telephone: ?;y F 7-0 y 4-8 S7 Fax: � � E-mail: � l�h�043JZ @ AV - LEJM 7 Company Name 6j,C4 C 7Ces W C . Address N C 23 �T. �• �A- / 33z-�r/ Contact Person/Contract Amount PC 7Slo• W7. q&/I¢ Telephone: W Fax: 30J° 0 LZ E-mail: 6TY ��x� � mi 106ge �c s 8) Company Name r7� Address ??* tilE /Z5 ST ,t_1bt7-,q Contact Person/Contract Amount �� el �IDDC Telephone : 'j0-C 914- W? Fax: E-mail: 004&z�0, A)0A0,44(gV1F-L- 60 BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 121 51 05000. CUSTOMER REFERENCE LISTING General Contractor(and/or Sub-Contractors) shall furnish the names, addresses, telephone, fax numbers and e-mail addresses of a minimum of 8 references of a minimum of four(4) separate completed projects. 1) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail: 2) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail: 3) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail: 4) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail: BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 120 06000. SUB-CONTRACTOR LISTING INFORMATION INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor Work to be completed % of Work to be performed (Telephone and fax no. 0 Name: I✓M I Dg '' E72✓ice to �® Tel: �$ ��- ��Z Fax: Name: A&5MIK T� �/� reeviGE 5� Tel: 8 8 a• $00' '173Z Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: (Attach additional forms if necessary) BID NO:014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 122 52 06000. SUB-CONTRACTOR LISTING INFORMATION INVITATION TO BID (ITB) No. 014-2013TC DEMOLITION OF THE NORMANDY SHORES PARK BUILDING SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor Work to be completed % of Work to be performed (Telephone and fax no.) Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: (Attach additional forms if necessary) BID NO: 014-2013TC CITY OF MIAMI BEACH DATE:June 13,2013 122 a � . _ � �� Section I Identification Page Name of Bidder: Chin Diesel, Inc. Address: 1820 NE 144th Street, North Miami, Florida 33181 Contact Name: Leon C. Chin-You Email: Leon@Chindiesel.com Phone Number: (786) 229-3336 Fax Number: (305) 949-1328 Tax ID: 65-1077166 DUNS: 09-963-9051 Corporation Status: S-Corportio o ' a Contracting Officer: Leon C. Chin-You June 10 , 2013 President 1 1820 NE 144th Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com Y TABLE OF CONTENTS Section Title Page No(s).: I. Identification Page 1 II. Table of Contents 2 III. Letter of Qualification and Experience of Team 3-10 IV. Performance Evaluation Letter and Survey 11-16 V. Invitation to Bid Form (page 8) 17 VI. Declaration: Nondiscrimination in Contracts & Benefits (Page 25-32) 18-25 VII. Bid Tender Form (Page 39-41) 26-28 VIII. Section 00405 Licenses, Certification and Insurance (Page 42) 29-34 IX. Section 00407 Indemnification of City (Page 44) 35 X. Section 00408 ITB Price Form (Page 45) 36 XI. Section 00409 Unit Price Breakdown Form (Page46) 37 XII. Section 00500 Supplement to Bid/Tender Form (Page49-54) 38-43 XIII. Section 00520 Non-Collusion Certificate (Page55) 44 XIV. Section 00530 Drug Free Workplace Certification (Page 56-57) 45-46 XV. Section 00540 Tender Form Trench Safety Act (Page58-59) 47-48 XVI. Section 04000 Acknowledgment of Addenda (Page 119) 49 XVII. Section 05000 Customer Reference Listing (Page120-121) 50-51 XVIII. Section 06000 Subcontractor Listing (Page 122) 52 2 1820 NE 144'h Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com Zzfkr Section III Letter of Qualification and Experience of Team June 11 th 2013 City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Mr. Theo Carrasco, Ph.D. Senior Procurement Specialist RE: INVITIATION TO BID (ITB) NO.: 014-2013TC Demolition of The Normandy Shores Park Building -Dear Mr. Carrasco: In accordance with the Invitation to Bid No.: 014-2013TC for the demolition of The Normandy Shores Park Building, CHIN DIESEL.., INC. (CDI) is pleased submit our letter of interest and subsequent qualifications pursuant to the City of Miami Beach's request. CHIN DIESEL, INC. is a professional construction services firm, specializing in demolition that was established in 2001 that is dedicated to providing high quality professional service in a timely manner at competitive rates. We maintain a superior reputation in terms of Dependability, Quality and Professionalism and have been acknowledged as an up and coming demolition contractor in South Florida. If given the opportunity, we will work diligently to earn the City's trust and respect by delivering consistently professional and timely completion of the City's projects. CDI has the immediate staffing ability to provide all of the requested demolition services for this project and has been providing similar services to other municipalities for the past 5 years. Chin Diesel, Inc is a certified CBE/SBE/CSBE and DBE minority small business enterprise. We are fully licensed and insured to provide services in the tri-county area. Chin Diesel, Inc maintains relationships with many construction and professional service firms to provide total customer care and job completion. Thanks to our excellent client base we have been steadily growing, expanding our operations, now having varied specialty equipment and more being built to accommodate south Florida's geology, these machines are self contained, easily transported and require minimal set up, adding to our advantage over other companies. 3 1820 NE 144'h Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com a f7MI � : Section III Letter of Qualification and Experience of Team City of Miami Beach ITB: 014-2013TC We have carefully reviewed the submittal requirements and Chin Diesel, Inc. can meet or exceed all of the minimum bidder requirements and qualifications necessary to perform the outlined scope of services. We actively maintain a fleet of five (5) dump trucks as well as various pieces of heavy equipment. We are currently providing demolition contract services to various municipalities that include Miami-Dade County, City of Pompano Beach and The City of Miami and to foundation contractors such as Ebsary Foundation Company and Betancourt Construction, Inc. and to demolition contractors such as Saint Lucie Wrecking and Thunder Demolition for concrete disposal and auger cast spoils disposal removal and debris hauling. We provide contract aggregate, mason sand and screening deliveries for Crown Pavers, Charleville Development Corporation and Professional Builders of South Florida on an as needed will call basis. Chin Diesel, Inc. has adequate resources and industry connections to provide prompt, timely, consistent service at reasonable and highly competitive prices. We maintain active affiliations with the disposal industries as well as with material testing laboratories to ensure a quality product that complies with project specifications. CDI currently maintains all required insurance limits as outlined in the insurance checklist as provided in the ITB, and maintains all required occupational and specialty licenses for our business. We have also sent out Performance Evaluation Letter and Survey as requested to be faxed to the procurement department ahead of time in accordance with the ITB instructions. Thank you for the opportunity to submit this bid package. Should you require uire further information or have any questions, please do not hesitate to contact me directly at (786) 229-3336 or via email: Leon(Whindiesel.com . Yours y, Leon C. Chin-, President 4 1820 NE 144th Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com _ J, 3-jr) n I TNI Section III Letter of Oualification and Experience of Team Chin Diesel, Inc. (CDI) is committed to providing provide prompt reliable services to the City of Miami Beach. Our entire team is dedicated to learning the most efficient and innovation demolition techniques. We are earning an excellent reputation throughout South Florida's municipal governments for providing cost effective and highly responsive services. Our clients speak highly of the level of professionalism and knowledge our staff exhibits. We are confident that we will meet the needs of the City of Miami Beach and do not anticipate any constraints in providing a high level of services to the City and meeting the assigned time constraints for this project. We will accommodate the City's schedules and specific requirements and have established many long-standing relationships with many diversified clients who come back repeatedly to Chin Diesel, Inc. for the top quality demolition services that they have come to rely on. Below is a brief list of municipalities that we have provided similar services for: • Broward County Aviation Dept. • Miami-Dade County Public Works • City of Miami Public Works • Miami-Dade County Parks &Recreation • City of North Miami Public Works • Miami-Dade Seaport • City of Pompano Beach Representative Projects: 1) Project Name: Residence Demolition Project Location: 29460 Idaho Road, Miami, Florida Completion Date: August 2012 Project Cost: $91360.00 Client Information: Miami-Dade County Public Works Dept. 11805 SW 26th Street, Miami, Florida 33175 Contact Name: Abdod Jabar Phone: (786) 315-2777 Email: Aiabar@Miamidade.gov Bidder's Role: Prime Contractor Work Performed: Demolition of single family residence (Unsafe Structure). 5 1820 NE 144`h Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com Section III Letter of Qualification and Experience of Team 2) Project Name: Wharf 1 Demolition Project Location: Port of Miami: Wharf 1, Miami, Florida Completion Date: March 2010 Project Cost: $1273550.00 Client Information: Ebsary Foundation Company 2154 NW North River Drive, Miami, Florida 33125 Contact Name: Matt Shiring Phone: (305) 325-0530 Email: Matt(a,Ebsaryfoundationco.com Bidder's Role: Sub-Contractor Work Performed: Demolition of Marine Structures and Aprons. 3) Project Name: Terminals 2 & 4 Canopy Removal Project Location: Fort Lauderdale/Holly International Airport: Terminals 2 &4 Fort Lauderdale, Florida Completion Date: November 2012 Project Cost: $13,850.00 Client Information: Broward County Aviation Department 4101 Ravenswood Road, Suite 219 Fort Lauderdale, Florida 33312 Contact Name: Staci Montefusco Phone: (954) 359-6149 Email: SmontefuscogBroward.or� Bidder's Role: Prime Contractor Work Performed: Demolition/Removal of Canvas Canopy 6 1820 NE 144`h Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com II i 'e r � � r E Y= � " Section III Letter of Qualification and Experience of Team ORGANIZATIONAL. CHART: Leon, Chin ;You Pnnclpal/>Senior;Pro�ect Manager; Paige P'666IL LEED : A P' PI'OJ eCt Manager,; - Andre Lyn ` , 7 - s Permit,Processor Luis Rodrigues Project,Supenntendent Adel_Castro °MOT Coordinator � DernoltiontForeman - = Charlie l ille -wf Operator` i� t a Altie �'illi`aans `` ,' 4 ` Laborer r ' 1 Neville Shian'�Iue Son_ atl�an �r®fin CDLDnver 7 1820 NE 1441h Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com i' ': �aL , nN,ou� 'Try T10 rk-11 Section III Letter of Qualification and Experience of Team Chin Diesel, Inc. has implemented a staffing plan that clearly illustrates a coordinated vision for completing the proposed job for The City of Miami Beach. Our plan includes using the staff outlined above in the organizational chart of Chin Diesel personnel along with our two supplier subcontractors, Sun Roll-Off and All Star Toilets to meet all anticipated staffing needs of this project. Our current personnel availability is expected to be 100% available for your project upon notice to proceed. CDI caters its demolition services primarily to municipal clients and can offer the City of Miami Beach complete access to our proposed staff for the duration of this project. Chin:Diesel � p Sinn All Stan-: 10%® 50% 8 1820 NE 144th Street, North Miami, Florida 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @chindiesel.com � a.......... r • ._nom.^- -.} .:_ '- .... --... r�f.J LEON C. CHEN4-YOU, B. N. President EDUCATION 1984-1989 Titchfield High School Port Antonio,Jamaica Merit: Diploma 1989-1992 University of Technology(Formerly C.A.S.T.) Kingston,Jamaica Major: Quantity Surveying and Construction Technology Merit: Diploma EXPERIENCE Over Nineteen years'experience in construction including preparation of working blueprint drawings,full quantity take-offs and estimates of material and trade processes of residential and commercial buildings from subsurface to superstructure. Field work included geotechnical drilling including monitoring well installation,percolation tests,hollow stem auger and wire line borings,rock coring and mud rotary borings,on-site inspection,checks for conformity with engineers' specifications,Auger cast,driven(precast)sheet,pin and helical pile inspections,Threshold Welding and Special inspections, erection and inspection of structural steelwork including fabrication,post tensioning and reinforcing steel inspections,checking of levels for surveyors'approval,concrete strength and soil compaction testing,civil and structural construction engineering inspections of bridges,roadways,residential and commercial building structures,from substructure to superstructure,and basic knowledge of environmental remediation system installation,design,and inspection.Provides full management and coordination of expanding demolition and construction services firm. Employment History Feb.2001 —Present Chin Diesel,Inc.,North Miami, Florida Position: President Duties: Perform day to day operation of contract drilling including monitoring well installation,percolation tests,hollow stem auger and wire line borings,cost engineering,demolition,debris removal,trucking/hauling/disaster clean-up/debris removal/site clearing/backfilling and compaction and aggregate sales. Duties include sales,field coordination and dispatch, proposals,billing and administrative tasks,and meetings. Conduct fleet maintenance and repairs,including roadside emergency repairs of fleet vehicles and heavy equipment to guarantee timely delivery and performance. Nov. 1995 - Present Wingerter Laboratories,Inc.,North Miami,Florida Position: Vice President Duties: Civil,structural and geotechnical engineering inspections and engineering services for residential and commercial projects including,special,threshold and construction materials engineering inspections,pile driving and Auger cast pile installation, controlled fill and earthwork operations,ground improvement,and monitoring load tests. Projects include low and high rise buildings,parking structures,bridge and highway structures as well as industrial facilities,marinas, residential developments,and municipal utilities. He is also directly responsible for client contact,preparation of proposals, budget control and coordination of projects with architects,structural and project engineers,and construction contractors.. His responsibilities also include supervising field personnel conducting structural inspections,pile installation inspections, roof inspections and testing,construction quality control inspections,coordinating work of field and office personnel, preparing reports,meeting deadlines,scheduling and prioritizing field and laboratory projects,maintenance of drilling equipment,and ordering of supplies. Serves as supervisor of drilling crews performing Geotechnical and environmental drilling operations and performs various laboratory tests of different construction materials and structural components to confirm strength parameters. 9 1820 NE 144t" St, North Miami Fl 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @Chindiesel.com s +� d Feb. 1995—Oct. 1995 Miami N.D.T.,Inc., Opa Locka, Florida Position: Project Engineer Duties: Engineering duties ranging from construction materials testing,inspections and engineering services ranging from concrete,soil aggregate and asphalt testing,welding inspections,civil,structural and environmental engineering duties, construction engineering inspections and varied aspects of project management. Oct. 1992 -Feb. 1995 L&A Contracting Company,Miami, Florida Position: Ironworker Foreman Duties: Reinforcing steel and structure layout from substructure to superstructure,including layout of deck spans, foundations,pile caps,columns and related structures,approaches and bridge decks according to engineering specifications for inspection by FDOT engineers, supervision of work crew and preparation of daily and weekly reports for subcontractor payments. 1988— 1992 The Architects,Portland,Jamaica Position: Draftsman/Quantity Surveyor Duties: Preparation of working blueprint drawings,preparation of bills of quantities; on-site inspection of work in progress and preparation of certificates for payment to sub-contractor trades. CURRENT AFFILIATIONS/CERTIFICATIONS • Jamaica Institute of Quantity Surveyors(J.I.Q.S.)-Member • American Concrete Institute(A.C.I.)-Concrete Field Testing Technician(Grade 1) • American Concrete Institute(A.C.I.)-Concrete Transportation Construction Inspector • American Welding Society(A.W.S.)-Member i O. S.H.A.Certified Hazmat Supervisor i Parsons Brinkerhoff Certified F.E.M.A.Disaster Assessment Inspector • Troxler Electronic Laboratories -Nuclear Density Gauge Operation • Troxler Electronic Laboratories -Radiation Safety Officer • American Society of Civil Engineers (A.S.C.E.)-Affiliate Member • Southern Building Code Congress International(SBCCI)Professional Member • State of Florida Department of Professional Regulation—Building Inspector #BN 00003292 • FDOT-Prestressed Concrete Training Course • Post-Tensioning Institute(PTI)Certified Post Tensioning Inspector • Commercial Driver License—Class"A" • State of Florida water well Contractor License No. 11323 • Miami Dade and Broward County Certified Demolition Contractor 10 1820 NE 144th St, North Miami F1 33181 Phone: (786) 229-3336 Fax: (305) 949-1328 E-Mail: Leon @Chindiesel.com