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ITB 2014-093-SR so. Pointe Park Landscape Remediation INVITATION TO BID SOUTH POINTE PARK LANDSCAPE REMEDIATION ITB No. 2014-093-SR BID ISSUANCE DATE: JANUARY 9, 2014 BID OPENING: FEBRUARY 10, 2014 @ 3-000 PM ISSUED BY: MIAMIBEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.073.7000x6230 Fax: 736.373.4404 www.miamibeachfl.gov COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract, Pursuant To Invitation To Bid No.2014-093-SR,For The .South Pointe Park Landscape Remediation Project. Key Intended Outcome Supported: Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summa /Recommendation: The purpose of Invitation to Bid (ITB) No. 2014-093-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide landscaping services. The scope of work consists of the remediation of the landscaping at South Pointe Park. Work shall include the provision of all materials, labor, and equipment to successfully permit, perform and schedule the work pursuant to the Contract Documents and Phasing Plans, including, but not limited to, the following tasks: • Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and palms * Reconfiguration, replacement and installation of the irrigation system . Installation of underground drainage system and connection to existing storm system • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. • Removal and replacement of soil material and proper disposal of removed soil materials,debris, landscape, etc. • Protection of all existing structures,trees, landscape, walks,fountains, utilities, signs,striping, fences, benches, etc. • Reconfiguration of slopes, mounds, walks, landscape, etc. The ITB was issued on January 9, 2014. On February 19`", 2014, two (2) bids were received in response to the ITB. In the due diligence review of bids received, it has been determined that Superior Landscaping & Lawn Service, Inc. is the lowest responsive, responsible bidder. RECOMMENDATION The Administration recommends the award of the contract to Superior Landscaping & Lawn Service, Inc.,the lowest responsive, responsible bidder pursuant to Invitation to Bid(ITB)2014-093-SR,for the South Pointe Park Landscaping Remediation Project, in the amount of$2,656,104.15; plus approve a project contingency fund of ten percent 10% for a not-to-exceed grand total of$2,921,715.00. Advisory Board Recommendation: NA Financial Information: Source of Amount Account Funds: 1 $2,921,715.00 389-2943-067357--South Pointe Capital Total $2,921,715. i 00 Financial Impact Summary: City Clerk's Office Legislative Tracking: David Martinez, Extension 6927 Sign-Offs. D rtment Di o s i ant City Man er Ci anager AD DM MT KGB JLM T:1A ENDAL20141March\Procurement\ITB 2014-093-SR-South Pointe Park Lan Gaping Remediation SUMMARY.doc AGENDA ITEM CO�� MIAMIBEACH 92 [}ATE '� MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,WWW.miarnibeachfl.gov, COMMISSION EMORANDUM TO: Mayor Philip Levine and Members of t e City Co ission FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT: REQUEST FOR APPROVAL TO WARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-093-SR FOR THE SOUTH POINTE PARK LANDSCAPE REMEDIATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $2,921,715.00 389-2943-067357—South Pointe Capital $2,921,715.00 Total This funding includes the base bid price of$2,656,104.15 plus a 10% contingency fund. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-093-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide landscaping services. The scope of work consists of the remediation of the landscaping at South Pointe Park. Work shall include the provision of all materials, labor, and equipment to successfully permit, perform and schedule the work pursuant to the Contract Documents and Phasing Plans, including, but not limited to, the following tasks: • Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and Palms Reconfiguration, replacement and installation of the irrigation system • Installation of underground drainage system and connection to existing storm system • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. • Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc. • Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches, etc. • Reconfiguration of slopes, mounds, walks, landscape, etc. 93 Commission Memorandum—ITB-2014-093-SR—For The South Pointe Palk Landscape Remediation Project March 5, 2014 Page 2 ITB PROCESS Invitation to Bid (ITB) 2014-093-SR was issued on January 9, 2014, with an original opening date of Februa ry 10 2014. A total of three (3) addenda were issued to answer questions submitted by prospective bidders, thus postponing the bid opening date to February 19'�', 2014. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The posting was also advertised in the Daily Business Review local newspaper. The advertisements resulted in the receipt of (2) bids from the following bidders: • Superior Landscaping & Lawn Service, Inc. • Valleycrest Landscape Development, Inc. Responsiveness Verification: The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Please note that neither bidder is eligible for veteran or local preference. Through the Department of Procurement Management's review of the bid for responsiveness, Superior Landscaping & Lawn Service, Inc. was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the responding bidders, the Department of Procurement Management has verified the following: A. Minimum Requirements Superior Landscaping & Lawn Service, Inc. is a state certified and licensed Landscaping Contractor and is authorized to perform this type of service. B. Financial Capacity A Dun & Bradstreet (D&B) Supplier Qualifier Report (SQR) was obtained indicating that Superior Landscaping & Lawn Service, Inc. has a low Supplier Evaluation Risk (SER) rating (rating of 1 on a scale of 9, with 1 being the lowest). C. Past Performance It has been confirmed that Superior Landscaping & Lawn Service, Inc. has successfully completed three (3) municipal parks and landscaping projects similar in scope and volume to the work detailed within the Contract Documents. References contacted provided extremely positive reviews. In addition, Superior Landscaping & Lawn Service, Inc. currently holds several lawn maintenance contracts with the City of Miami Beach and is in good standing with the departmental contract managers relative to its performance. 94 Commission Memorandum—ITS-2014093-SR—For The South Pointe Parke Landscape Remediation Project March 5,2014 Page 3 As a result of the Department of Procurement Management's responsiveness review process, the following table provides the proposed base bid prices and total prices including a ten percent(10%) contingency fund for unforeseen circumstances during construction. Vendor Name Base Bid 10% Total Contract Amount Contingency Amount Superior Landscaping & Lawn $2,656,104.15 $265,610.85 $2,921,715.00 Service, Inc. Valleycrest Landscape $2,918,487.69 $2911849.31 $3,210,337.00 Develo ment, Inc. Superior Landscaping & Lawn Service, Inc. has been creating landscape solutions for clients throughout the State of Florida since 1982. Their previous clients range from private businesses to governmental agencies like the City of Miami and most notably the City of Miami Beach. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Superior Landscaping & Lawn Service, Inc. CONCLUSION The Administration recommends the award of the contract to Superior Landscaping & Lawn Service, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014- 093-SR, for the South Pointe Park Landscaping Remediation Project, in the amount of $2,656,104.15; plus approve a project contingency fund of ten percent (10%) for a not-to- exceed grancyotal of$2,921,715.00. JLM/MTIKG lDMIAD T_1AGENDA 120141MarchlProcurement\[TB 2014-093-SR-South Pointe Park Landscape Remediation MEMO.docx 95 INVITATION TO BID SUMMARY M.M.M. MIAMBEA H ti Bid Ellemen Invitation to Bid No. 2014-093-SR Estimated Construction Budget $4,091,393.00 ITB Title: SOUTH POINTE PARK LANDSCAPE REMEDIATION PROJECT Basic Description of the Scope of Work: Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and palms reconfiguration, replacement and installation of the irrigation system throughout. Installation of underground drainage system and connection to existing storm system. Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc. Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches, etc. Reconfiguration of slopes, mounds, walks, landscape, etc. Bid Issuance: Thursday, January 9, 2014 Technical Drawings and Specifications are available for free download at: www.iDublicpurchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Management Department City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33139 Pre-Bid Conference Thursday, January 23, 2014 @ 10:30 AM Date, Time, & Location: City Manager's Large Conference Room ❑ Meeting is Mandatory(only if box is checked) Miami Beach City Hall, 4" Floor 1700 Convention Center Drive Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 888-270-9936 • Enter the Meeting Number: 1142644 and then press the pound # key Site Visit Immediately Following Pre-Bid Conference Date, Time, & Location: South Pointe Park ❑ Site Visit is Mandatory(only if box is checked) 1 Washington Avenue Miami Beach, FL 33139 BID NO:2014093-SR CITYOF MIAMI BEACH /��=..ANAIBEACH DUE DATE: FEB 10,2013 2 Last Day for Receipt of Questions: Thursday, January 30, 2014 @ 3:00 PM Bid Due Date &Time: I Monday, February 10, 2014 @ 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Management Department (respond to): City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed)As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference section 0200 for detailed information. ❑x is required at the time of bid submission. ❑ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: x❑ SHALL be required prior to contracting with the successful bidder. Alternative security instruments will be considered under City Code. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. ❑ SHALL NOT be required for this project. Prevailing Wage Rates ❑ SHALL be applied. Please reference section 0200 for detailed information. Z SHALL NOT be applied. Project Completion Timeframe: 480 calendar days, Substantial Completion (Schedule shall Include a 6 month "growing period" of inactivity) Liquidated Damages: $1400 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Sandra M. Rico Senior Procurement Specialist Phone: 305.673.7000 ext. 6230 E-mail: srico @miamibeachfl.gov "CONE OF SILENCE IS IN EFFECT" PURSUANT TO CITY CODE, DURING THE SOLICITATION PERIOD UP TO AND INCLUDING AWARD, THE ONLY PERSON TO BE CONTACTED REGARDING THIS SOLICITATION SHALL BE THE PROCUREMENT DEPARTMENT REPRESENTATIVE DULY DESIGNATED ABOVE. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL DISQUALIFY YOU OR MAY RESULT IN LEGAL ACTION AGAINST YOU. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO:2014093-SR CITYOF MIAMI BEACH Q �"'�IA' ! BEACH DUE DATE: FEB 10,2013 3 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS...............................................................................................................5 0200 INSTRUCTIONS TO BIDDERS....................................................................................8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS...............................................14 0400 BID SUBMITTAL REQUIREMENTS & FORMAT........................................................16 0500 GENERAL TERMS AND CONDITIONS .....................................................................18 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS ............................48 APPENDIX B LIST OF PLANS AND SPECIFICATIONS....................................................76 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL................................................78 APPENDIX D REQUIRED FORMS (POST-AWARD).........................................................83 APPENDIXE SAMPLE CONTRACT..................................................................................95 BID NO:2014-066SR CITYOF MIAMI BEACH MI Ar t 'EACH DATE:August 26,2013 4 0100 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 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 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: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 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 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. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO:2014-093-SR CITYOF MIAMI BEACH Ltd MIAMI BEACH DUE DATE: FEB 10,2013 5 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract(Appendix E, attached), as may be amended by Change Order. 1.13 Contractor: The person or entity 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. 1.14 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. 1.15 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. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 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. 1.18 Plans and/or Drawings: The official graphic representations of this Proj ect which are a part of the Contract Documents. 1.19 Program Manager: Not applicable. 1.20 Project: The construction project described in the Contract Documents, including the Work described therein. 1.21 Project Initiation Date: The date upon which the Contract Time commences. 1.22 Resident Project Representative: Not applicable. 1.23 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.24 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. BID NO:2014-093-SR CITYOF MIAMI BEACH m M{hM BEACH DUE DATE:FEB 10,2013 6 1.25 Subcontractor: A person or entity 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. 1.26 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that 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 and/or other authorization from the City acceptable to Contract Administrator 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. 1.27 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. 1.28 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. Balance of Paqe Intentionally Left Blank CITYOF MIAMI BEACH M NA,IANA, B EAC H BID NO:2014-093-SR 7 DUE DATE: FEB 10,2013 0200 INSTRUCTI ONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders her in ortiops rof I� preparing their bids. Such instructions have equal force and weight with P Contract Documents and strict compliance is required with all the provisions these bid cdoculments that hat various paragraphs within the instructions. Bidders shall note t If the box is checked, the language is made have a box( 11 ) which may be check.,d ( © )• apart 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: The work set forth within these bid documents includes the furnishing of all - labor, materials, equipment, services, and incidentals for the construction o so p 1 Park. The Scope of work shall consist of the remediation of the landscaping tat South Pointe permit, Work shall include the provision of all materials,o labor,ontracdt equipment and Phasing Plans, perform and schedule the work pursuant including, but not limited to, the following tasks: • Removal and Replacement of sod and shrubs and Rehabilitation of shrubs, trees and palms • Reconfiguration, replacement and installation of the irrigation system • Installation of underground drainage system and connection to existing storm system • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc. • Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc. • Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches, etc. • Reconfiguration of slopes, mounds, walks, landscape, etc. 3. A dditional Work: Prior to award and execution of the Contract, the su esful the event uired for shall submit a list of unitary pricing for all componentsork The Succe�sspful,Contractor shall that additional locations are added to thSrateefor all labor categories involved with the also submit snot-to-exceed hourly lab or completion of this project. bbreviations and S mbols: The abbreviations used throughout the Contract in the Plans 4. A y Technical Specifications. The symbols use are defined hereinafter m the defined therein. ilit of each Bidder 5. Examination of Contract Documents and Site: It is the responsibility before submitting a Bid, to: 6.1 Examine the Contract Documents thoroughly. that may affect 6.2 Visit the site or structure to become familiahethWoconditions Y costs, progress, performance or furnishing of 6.3 Take into account federal, state and local (City and Miami-Dade County)gress, regulations, permits, o , and ordinances that may affect , P performance, furnishing of the Work, or award. ,M tMIAP0,1 BEACH BID NO:2014-093-SR CITYOF MIAMI BEACH 8 DUE DATE: FEB 10,2013 6.4 Study and carefully correlate Bidder's observations with the Contract Documents. 6.5 Carefully review the Contract Documents and notify Consultant idf all k cowls for errors or discrepancies in the Contract Documents of which reasonably should have known, representation by Bidder that verlible . The submission of a Bid shall constitute an and that without exception, the Bid is Bidder has complied with the above p remised upon performing and furnishing the Work required by the ail trac Do ate and and that the Contract Documents are onditions for scope performance and furnishing of the convey understanding of all terms and cond��io Work. 6. Location of Work: This Scope of Work shall be completed at the following Location: Q TOP # 417 IMNW+U 7.�' a � $O Y�SIIR ;x� C.i plaid C + a5 " x drab . — �R # c n: : t ,-... :..., ...... .:� ,... tic�. � �,• ,kre.; . ..,.v. x n k f M f vRVnu AA r p y jil.N fil ti F r t C=' t •h :. x '*i. 4 SG''Bl oCiM1FF1 r/ � R A � ` _ "' rk,••�lt South 7as�r! � a K �P . + •S. ti k yy 4: R Only questions answered by written Addenda will be binding and 7. Pre-Bid Interpretations: may supersede terms noted in this ITB. Oral and other interpretations Contract clarifications Doco swill be without legal effect. All questions about the meaning irector tent writing. Interpretations or are to be directed to the City's Procure 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 umenits recorded by the City's Procurement Director as having received the Bidding BID NO:2014-093-BR CITYOF MIAMI BEACH Q �'��f£IA1��r�, BEACH 9 DUE DATE: FEB 10,2013 I 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. 8. 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 must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 9. 0 Bid Guaranty. This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. 10. ❑ Prevailing Wage Rates: 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. 11. Acceptance or Rejection 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 one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty(120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. BID NO:2014-093-SR CITYOF MIAMI BEACH MINNN BEACH DUE DATE: FEB 10,2013 10 12. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider 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. 13. 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. 14. 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 all prospective Bidders. 15. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2- 371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2371 shall be barred. 16. 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. 17.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 BID NO:2014-093-SR CITYOF MIAMI BEACH MIAM!BEACH DUE DATE: FEB 10,2013 11 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. 18. 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 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. 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. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. 19. 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. 20. 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). 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. 21. 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: BID NO:2014-093-SR CITYOF MIAMI BEACH M �"v��, '�, I!BEACH DUE DATE:FEB 10,2013 12 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. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 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 followinq 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 SUBMITTAL. 22. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. 1. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) 11. 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 • Public Works Right-of Way Permit Vill. SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD) The successful contractor shall be responsible for extending the Class V permit expiration date as needed. The successful contractor shall be responsible for obtaining a Right of Way Permit from the City of Miami Beach Public Works Department. The successful contractor shall be responsible for obtaining a dewatering permit from the appropriate agencies if necessary. BID NO:2014-093-SR CITYOF MIAMI BEACH rvIdAIMI BEACH DUE DATE: FEB 10,2013 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to for o award) result in the bid submittals being deemed non-responsive. In order to be considered bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be state certified and licensed Landscaping contractors. �, Previous Experience: Bidders shall submit at least three (arks individual landscanins exemplifying their experience in projects for municipal M ro'ects similar in sco a and volume to the work detailed thin not requiredt Documents_. Experience in golf course construction is highly preferred References must be projects completed or in progress within the last five (5) years. Principals should have a minimum of ten (10) years of experience in municipal landscaping and irrigation. Firms must have a local office located within one of the counties within the area delineated below: all references submitted, `Bidders shall submit at a minimum the following For 3) Address, ) information: 1) Firm Name, 2) Contact Individual Name & Title, Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. By submitting a bid, the bidder authorizes City Administration to contact the r irm'edtated references for the purposes of evaluation for this Project. Any inform from the references will not be disclosed to the Bidder. a 3. Bidder must have the capability to provide a performa nce and payment bond for the project. The City reserves the right to require performance and payment o df m the successful bidder. Bidders shall submit a Letter of Intent from an A r bonds al Class V Surety Company to bond the project. 4, Financial Stability and Strength: The Bidder must be able to demonstrate hat the goads record of performance and have sufficient financial resources to ensure Y satisfactorily provide the goods and/or services required herein. CITYOF MIAMI BEACH Q N1dA\A11l3rACH BID NO:2014-093-SR 14 DUE DATE: FEB 10,2013 In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning she 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. Bidders may be required to submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Sncial h statements should include, at a minimum, balance of net(statements When the bid position) and statements of profit and loss (statement submittal is from a joint venture, each bidder involved in the joint venture must ub it financial statements as indicated above. ®® NOT include Financial your bid submittal. 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. 5. The qualified bidder shall hold all required current certified licenses in licensero provide e the scope of work as set forth in the bid documents. Copies of all (s) submitted with bid submittal or within three (3) calendar days upon request from the Contracting Officer. List jurisdictions and categories in which the bidder is legally qualified to do business and indicate registration or license numbers, if applicable. Balance of Page Infenfionally Left dank BID NO:2014-093-SR CITYOF MIAMI BEACH rMIAAM BEACH DUE DATE: FEB 10,2013 15 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and five (5) bound copies, as well as one (1) copy in digital format (CD or USB drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. 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 and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3 calendar days upon request from the CItV, or the bid may be deemed non-responsive. Non- responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide a Cover 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. Tab B. EXPERIENCE AND KEY PERSONNEL 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 the following information: • 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 Invitation to Bid. • Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. BID NO:2014-093-SR CITYOF MIAMI BEACH �IA",A1BEACH DUE DATE: FEB 10,2013 16 i An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include hedu ational nent background, work experience, employment himber ,s shal(any oalso submp current information. Where applicable, Bidder team rr and valid certifications and/or licenses for their individual scope of supervision.n. At a minimum, the bidder shall include the following proposed project members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator ional • A staff in 9plan that clearly illustrates the key elements of the proposed organ z tosed structure. The staffing plan should indicate the availability personnel prop name of the to work on the Project. The staffing plan should individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab Co BID PRICE Bidders are required to submit their bid price lump sum using the Bid Proposal Form found in Appendix A, Attachment A-1. FINANCIAL STATEMENTS D& pp L B Su ler Evaluation Report. Upon the request of City Administration he Supplier eera Bid has been submitted, the lowest and best Bidder shall pay D&B to sen Qualifier Report(SOR)to the prospective Bidder and the Department through el ectronic the means. The cost of the preparation of the D&B report shall the report fpourom D&B at the ros ective Bidder. The prospective Bidder shall P P following website: htt s://su tier ortal.dnb.com webs /wcs/stores/servletlSu IierPortal?storei1d=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder o Mete the responsibility of that contractor. n. In addition to the D&B information, the City may require that proposers submit fin daysial statements for each of their last two complete fiscal years within ten (10)ba lend sheets upon written request. Such statements should include, as a statements of financial position) and statements of profit and loss nstateM en the cont t income). When the submittal is from a co-venture, each Proposers ' venture must submit financial statements as indicated above. iii. Proposers shall provide proof of bonding capacity suitable for the scope of work. Balance of Page Intentionally Left Blank CITYOF MIAMI BEACH Q �'�{'C,`Nd BEACH BID NO:2014-093-SR 17 DUE DATE:FEB 10,2013 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately ten (10) 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: 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: BID NO:2014093-SR CITYOF MIAMI BEACH DUE DATE: FEB 10,2013 18 i () Bar Chart () Modified CPM N CPM N Computerized CPM using the latest edition Primavera P6 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 P6 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 D the COPY AND ONE month. CONTRCTOR SHALL SUBMIT 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 stron I recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P6, to develop and update the Primavera P6 project 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. 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 BID NO:2014-093-SR CITYOF MIAMI BEACH 0 ,"�f`,�X`V BEAC 19 DUE DATE: FEB 10,2013 PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACT'OR'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 and include quantities+ and prices of items aggregating the Contract Price ll 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 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 I o Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, 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 CITYOF MIAMI BEACH ,CA�NAiBEACH BID NO:2014-093-SR 20 DUE DATE: FEB 10,2013 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 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 Securitv: 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. 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 BID NO:2014-093-SR CITYOF MIAMI BEACH 0 lVi[ AI BEACH DUE DATE: FEB 10,2013 21 i 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 II 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 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, BID NO:2014-093-SR CITYOF MIAMI BEACH NMAMBEAC DUE DATE: FEB 10,2013 22 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 a ction or p roceeding 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 liabilit 1 above all suits and actions of every name and description covered by which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance ance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Complled ted Operations,limit pin an amount not less than $1,000,000 combs single occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, ®Idwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do BID NO:2014-093-SR CITY®F MIAMI BEACH � r'f=1-�'�1�%'°I BEACH 23 DUE DATE:FEB 10,2013 Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3RD FLOOR MIAMI BEACH FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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 BID NO:2014-093-SR CITYOF MIAMI BEACH MIAM!BEACH DUE DATE: FEB 10,2013 24 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 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 BID NO:2014-093-SR CITYOF MIAMI BEACH ® %f:;iAMOBEACH DUE DATE: FEB 10,2013 25 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. 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:2014-093-SR CITYOF MIAMI BEACH 9 MIArVOBEAC DUE DATE: FEB 10, 2013 26 15.2. Daily, Contractor's superintendent shall -record, at minimum,' and how any information in a bound log: the day; date; weather conditions weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials,to the Project site, including labor, personnel, equipment and subcontractors at the Project site, visitors representatives of Consultant; regulatory representatives; any special f unusual for conditions or occurrences encountered; �the log in ink. The daily log the day. All information shall be recorded 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 met at the Work to or as determined by the Contract Administrator, during the cour e review and agree upon the work performed to date and establish the controlling items of work for the next two weeks. The Consultant shal 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 will Contractor's duty to immediately inform Consultant,aftsuch disclogery, until authorized, promptly review the same. Any work will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently tbe devoting such attention thereto and applying such skills the Contract se as may Documents. necessary to perform the Work in accor dance 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 workers er the Project Initiation Date, or fails to perform thou e with prompt completion of the equipment or with sufficient materials runs®itably, or cause it to be rejected as Work, or shall perform 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 a ct of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, table manner, cause Contract whatsoever shall not carry on the Work in an ac rs p Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. if Contractor , withlin accordance period of five (5) calendar days after such notice, shlfrom Consultant of the fact of therewith, then City may upon written certificate with such notice, such delay, neglect or default and Contractor's f Contractor from fpom the Project site terminate the services of Contractor , exclude and take the prosecution of the Work out of the hands of Contractor lo as may appropriate or use any or all materials and equipment Project be entitled to be suitable and acceptable. In such case, Contractor shall CIT'YOF MIAMI BEACH A' NAIAN i BEACH BID NO:2014-093-SR 27 DUE DATE: FEB 10,2013 receive any further payment until the Project is completed.Project In di addition the terms enter into an agreement for t completion me Documents,of r use such other methods as in and provisions of the Contra ct Doc City's sole opinion shall be required for the completion r use of Project h other methods the terms and provisions of the Contract Documents, o 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 t d obligations of City any reason that Contractor was not s in i the nolticehof termination had been issued and Contractor shall be the same 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 mail,City upon return ten( 10) days written notice to Contractor (delivered date on which which such termination requested) of intent to terminate and t 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 for become firm prior to the termination. Payment shall include reasonable profit 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 e.3 above, Contractor shall promptly discontinue all affected work unless th Termination directs otherwise and deliver or otherwise make available City all data, drawings, specifications, reports, estimates, summaries d such information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's f�i ht to Sto 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 n t of any sum certified by Consultant, or to notify Contractor and Cons 9 of any objection to the Application for Payment, then Contractor may, give samenoticeCt{yCity and Consultant of such delay, neglect or default, specifying the 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 reasonable or all work executed and reasonable expenses sustained .herein p 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:20°14-093-SR CITYOF MIAMI BEACH It �'�'�I, NA!BEAC€� 28 DUE DATE; FEB 10, 2013 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 + o completion of she various portions of the work in general harmony. 20. Differinq 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 rY9 Y Y 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 1 materially different to justify a site are not so mater determine that she conditions of the Project Y J Y 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 Working 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 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. BID NO:2014093-SR CITYOF MIAMI BEACH m ;,�IAI VBEACH DUE DATE: FEB 10,2013 29 22. Contractor to Check Plans,specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, data received from Consultant, and shall notify-Consultant of all specifications or other errors omissions and discrepancies found therein within three (3) calendar days or discovery. Contractor will not be allowed to take advantage of any error, omissio n 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: s to City that all materials and equipment furnished under this Contractor warrant Y Contra t Work will be of good Contract will be new unless otherwise specified and that all of the Wo 9 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 b mater Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality o equipment. This warranty is not limited by the provisions of Article 25 herein. 25. aqppjementary 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, show Y 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. 26. Defective Work: 26.1. Consultant shall have the authority to�onsultan Co dt� pt® work which Consultant �for shall promptly either finds to be defective. If required y correct all defective work or remove such defective work and replace it with CITYOF MIAMI BEACH BID NO:2014-093msR �r�� .AI REACH 30 DUE DATE:FEB 10,2013 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 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. BID NO:2014-093-SR CITYOF MIAMI BEACH f,,AJA,,M1,BEACH DUE DATE: FEB 10,2013 31 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 70% 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: 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. BID NO:2014-093-SR CITYOF MIAMI BEACH V1,1ANAI BEA H DUE DATE: FEB 10,2013 32 i 30 p .2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenan ti , utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied of 30.2.4. Contractor shall complete all items noted on the Certificate on Substantial Completion within the time specified by 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. 3025. 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 ndorsement to providing the property insurance have consented y e the policy or policies. Insurance on the unoccupied account unused of portion or portions shall not be canceled of Contractor and of the ' such partial occupancy or use. Consent insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands r Work:to the lands 31.1. City shall provide, as may be indicated in the Contract Documents, upon which the Work is to be performed, rights-of-way and easem use ents Contractor.access thereto and such other lands as are designated by City or 31.2. Contractor shall provide, at Contractor's own expense and without liability to ary any additional land and access thereto that may be required construction facilities, or for storage of materials. Contractor shall furnish owners of such copies of written permission obtained by Contractor from the facilities. 32. Le al Restrictions and Traffic Provisions: or ordinances with Contractor shall conform to and obey all applicable s Contractorion general operations. regard to labor employed, hours of work and Contractor shall conduct its operations so as not to close any thoroughfare,e, o once interfere of in any way with traffic on railway, highways, or water, without the prior written the proper authorities. 33. Location and Damaoe to Existin Facilities E ui ment or Utilities: shown on 33.1. As far as possible, all existing utility lines in the Project l lines she shown, that the the plans. However, City does not guarantee that all ones indicated are in their true location. It shall be the Contractor l ie [:IS r responsibility to identify and locate all underground aadditional overhead payment will be equipment affecting or affected by the Project. No P made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 2014-093-SR CITYOF MIAMI BEACH In f'tl,�.i�r''= BEACH BID NO: 33 DUE DATE:FEB 10,2013 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 by the Contractor are to be made to the satisfaction of the utility 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 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. BIB NO:2014-093-SR CITYOF MIAMI BEACH tV.1A''w BEACH DUE DATE: FEB 10,2013 34 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 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. BID NO:2014093-SIB CITY®F MIAMI BEACH r+,r'r�,�MI BEACH DUE DATE: FEB 10,2013 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. 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 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. 39.22 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 BID NO:2014-093-SR CITYOF MIAMI BEACH M NA:�,�•F'`'%`���� �� DUE DATE: FEB 10,2013 36 . r. 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 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. BID NO:2014-093-SR CITYOF MIAMI BEACH M ��I NiV 8EACI DUE DATE: FEB 10,2013 37 39.2.5.6. Recelpted 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 additio ths and insurance required because of changes in the work 39.3. The term "cost of the work" shall not include any of the following: 39.3t1. Payroll costs and other compensation of Contractors executives, principals (of partnership and so proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, p 9 urchasin and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch o d Cn the agreed- upon I administration of the work and not specifically f which hcare to be considered schedule of fob classifications, ll o administrative costs covered by Contractor's fee. 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 ar interest on against Contractor's capital employed for the work a 9 Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether chasers d Contractor is required by the Contract itional bonds and insurance maintain the same, except for required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of ,by of Subcontractors, or anyone directly or indirectly employed 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 the 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: CITYQF MIAMI BEACH r -AIA vAi BEACH BID N®:2014-093-SR 38 DUE DATE: FEB 10,2013 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. 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 BID NO:2014093-SR CITYOF MIAMI BEACH Q r"A[A VOBEACH DUE DATE:FEB 10,2013 39 twenty 20 calendar days of the termination of the event giving information claim,a d tw y ( ) ortin written notice of the extent of less Consultant allows an additional period of documentation shall be provided unless time to ascertain more accurate data in support of the claim and such notice shall accompanied by Contractor's written notarized statement that the o believe adjustment it be p claimed is the entire adjustment to which the ,a°event.orA I claims for changes in is entitled as a result of the oast rPrice of hall be determined by Consultant in the Contract Time or Cont otherwise agree. accordance with Article 12 hereof, if City and Contractor cannot ANY AND ALL IT IS EXPRESSLY AND SPECIFICALLY AGREED TIME OR CONTRACT PRICE CLAIMS FOR CHANGES TO THE CONTRACT NOT SUBMITTED IN STRICT ACCORDANCE WITH SHALL BE WAIVED IF N THE REQUIREMENTS OF THIS SECTIO N. 40.2, The Contract Time will be extended in an amount equal to time lost critical Work items due to delays beyond the control refore as an Section through o in Section 39.1. negligence of Contractor if a claim t is be not limited to, acts orp neglect by any separate Such delays shall include, but contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: ' for damages or any claim, other than for an extension of time, shall n bContractor No claim 9 asserted against City by reason of any delays except a® provided or compensation of shall not be entitled to an increase in copse Contract impact or other costs, expenses or any kind from City for direct, indirect, q damages, including but not limited to costs of acceleration or ine Seewha gtsorever, because of delay, disruption, interference or hindrance from any ca whether such delay, disruption, interference or hindrance be reasonable unreasonable, foreseeable or unforeseeable, recovery of damages by Contractor for however, that this provision shall not preclude recovery la s due solely to fraud, bad faith or active interference on the part CContract actual de y Consultant. Otherwise, Contractor shall be entitled only to extensions of the 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 and which is Excusable Delay. Delay which extends the completion of the W°Subcontractors, caused by circumstances beyond the control of Contractor or i 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. CITYOF MIAMI BEACH Q NAIM I BEACH BID NO:2014-093-SR 40 DUE DATE:FEB 10,2013 of Failure of Contractor to comply with Article 39 hereof as to any pa andar event or a waiver delay shall be deemed conclusively to constitutthat articula revent of delay. relinquishment of any and all claims resulting rrom p Excusable Delay may be compensable or non-compensable: a Com ensable Excusable Delay. Excusable -Delay is compensable when circumstances (i) ( ) p (") the delay extends the Contract Time, a is caused by Hers or beyond the control of the Contractor or its subcontractors,active interference suppliers or vendors, and (iii) is caused solely by fraud, bad event shall Contractor be on the part of City or its agents. 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 actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of CoonttractorContractor's Workss actual indirect costs for delay in the performance and ecution of the Contract Documents, impossible to determine as of the date of ex and that proof of the precise amount will be difficult. Therefore, i direct day recoverable by the Contractor shall be liquidated enaExcusable Delay. These the Contract Time is delayed due to a Comp sable li uidated in costs shall be paid to compensate Contractor for all noit ct costs caused by a compensable q Excusable Delay and shall include, limited to, all profit on indirect costs, home office overhead, acceleration$ loss nd all earnings, loss of productivity, loss of bonding capacam'ount of liquidated yindirect other indirect costs incurred by Contractor.sfour hundred dollars ($1,400) per costs recoverable shall be one day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. When Excusable Delay is (i) caused b) Non-Compensable Excusable Delay. for its subcontractors, ( s beyond the control of Contractor,b circumstance Y es beyond the Y caused b circumstanc Y � suppliers and vendors, and is also Y control of the City or Consultant, or (ii) is caused jointly orconcurrently City or Contractor or its subcontractors, suppliers or vendors an d by the Consultant then Contractor shall be entitled only to a time extension and , no further compensation for the delay. 4.3. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City W Contractor shall so pursuant to Article 29 hereof, has reached Substantial City Cshaplll then promptly inspect the notify City and Consultant in writing.basis ofssuch an inspection, determines that the Work Work. When Consultant, on th esi nated portion thereof is substantially complete, it will then prepare wh Certificate hall or d g p of Substantial Completion in the form attached hereto the res Form on Obilities of City and establish the Date of Substantial Completion; damage to the Work, and insurance; Contractor for security, maintenance, heat, and shall list all Work yet to be completed to satisfy the requirements of hve work on ct Documents for Final Completion. The failure to include any items of Corr CITYOF MIAMI BEACH '' N'1I ` BID NO:2014-093-SR 41 DUE DATE: FEB 10,2013 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. 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 (20) 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. p Y 45.6. Consultant shall review and approve Shop Drawings within seven (7) 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 BID NO:2014-093-SR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: FEB 10, 2013 42 shall be indicated on the Drawings. No work called for by Shop o awi gt Approval performed until the said Drawings have been approved by C 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 evaluate interconnect and/or are interdependent where necessary toproperly for the design. It is Contractor's responsibility to assemble the Shop eDrawin then all such interconnecting and/or interdependent items, check h make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. as 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted all Shop Drawings, any additional information or changes on such drawings h be typewritten or lettered in ink. 46.9. Contractor shall submit the number of copies required Consulfal Res ubmissions of Shop Drawings shall be made in the sam e quantity 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 Drawin s: the 46.1. The entire responsibility for establishing and maintaining linearnde rein ec se field lies with Contractor. Contractor shall maintain an accurate p record of the location and elevation of all pipe lines, cohduits, and t shall maintenance access structures, handholes, fittings and t prepare record or as built drawings of the same which records o ded by a Professional Surveyor. Contractor shall deliver osteof all such field layout and Consultant as the Work is completed. The recording work is included in the prices bid for the appropriate itemsdel All record oto drawings shall be made on reproducible paper and shall be Consultant prior to, and as a condition of, final payment. 46Of .2. Contractor shall maintain in a safe place at the Project site one record Change all Drawings, Plans, Specifications, Addenda written amendments, Orders, Field Orders and written interpretations and clarifications in goodre order ord and annotated to show all changes e construction. of all approved documents together with all approve samples and a Shop Drawings shall be available at all times to Consultant or r fe here re ood Final Completion of the Project and prior to Final Payment, 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 able to submit to City, Contractor's record drawings or as-built drawings acceptable Consultant. CITYOF MIAMI BEACH �'4�°I�.<� V4.�BEACH BID NO:2014-093-SR 43 DUE BATE: FEB 10,2013 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 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 Contractor maintain all necessary safeguards for such safety and protection.prosecution of the shall notify owners of adjacent property and utilities when pros 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 b e liable,for shall fe be remedied by Contractor . Contractor's duties and respon a bil and protection of the work shall continue until such time as all Contractor e that the completed and Consultant has issued a notice to City and 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. 48. ❑x 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. BID NO:2014-093-SR CITYOF MIAMI BEACH M-� ,"VM. .N:BEACH 44 DUE DATE: FEB 10,2013 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 Unite a United States Weather to ter Bureau as being a hurricane warning or to secure the Project site in response City, shall take all precautions necessary o 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 37,it will be addressed by a Change Order in accordance with 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 co pletionlfoff the Work, C y may do so and the cost thereof shall be charged to Y dispute arises between Contractor and separate contractors as to their tf se o o bra tons cleaning up, City may clean up and charge the cost thereof responsible therefore as Consultant shall determine to be just. of E ui m 53. R�mwal � ent: In case of termination of this Contract before completion for any cause whatever, promptly remove any rom p ark or all of n Contractor, if notified to do so by City, shall p P Contractor's equipment and supplies from the property of City, failing which City shall at the expense of Contractor. have the right to remove such equipment and supplies P 54. Nondiscrimination Equal Emplo went O oortunity 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 by Americans with Disabilities Act (ADA) in the course ol providing any on services funded of City, including Titles I and II of the ADA (regarding standards. In addition, nand rrt disability), and all applicable regulations, guidelines, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CITYOF MIAMI BEACH �,`k;IAINkBEACH BID NO:2014-093-SR 45 DUE DATE: FEB 10,2013 decisions regarding the delivery of services under this Agreement shall be Contractors dec g 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. ity Contractor shall not engage in or commit any discriminatory practice in violation of this of Miami Beach Ordinance No 92.2824 in performing any service pursuant Agreement. 55. Proiect Records: City shall have the right to inspect and copy, at City's expense, the books and records any claim for and accounts of Contractor which relate in any way to the Project, and audit the financial additional compensation made by Contractor,relate to the Project and to any claim for and accounting records of Contractor which additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which ears following Final relate to the Project and to any claim for a period and the three (3) year period following Completion of the Project. During the Project Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be e by athe Burin construction of the Project. A final performance Contract Administrator g 's shall be submitted when the Request for Final Payment to the construction on mall r is forwarded for approval. In either situation, the completed evaluation(s) forwarded to the City's Procurement Director who shall p rovide 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. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section ion be 38F-41.03 of the Florida Administrative Code delivered as a result obtained from the accompanied by a Material Safety Data So following D which may y manufacturer. The MSDS must include th b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: L The potential for fire, explosion, corrosion, and reaction; ii. 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 iii. The primary routes of entry and symptoms of overexposure. Q r��,�,lr=NIV BEACH BID NO:2014-093-SR CITYOF MIAMI BEACH 4n DUE DATE: FEB 10,2013 d. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. e. The emergency procedure for spills, fire, disposal, and first aid. f. 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. g. 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. 58. 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 violations notices and dispositions thereof. The history f all citations and/or , ry he affirmation b t sion of an such documentation shall be deemed to be an aff Y nonsubmis Y of he City immediately Bidder that there are no citations or violations. Bidder shall notify t y Y notice of any citation or violation which Bidder may receive after the Bid opening date and during the t time of performance of any contract awarded d to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including P lans 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. CITYOF MIAMI BEACH Q NMAr`AO!BEACH BID NO:2014-093-SR 47 DUE DATE: FEB 10,2013 ' A NDIX A Prig Form, Bid Tender Form, & Supplements ATTACHMENT A-°I: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid T ender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender'Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6a Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-3: Supplement to Bid Tender Form: Recycled Content Information MIAA/\1B * . BID NO:201 +-093-SR CITYO MIAMI BEACH Q t"�sIAP0,!BEACH DICE DATE:FEB 10,2013 48 A-1 REVISED—ADDENDUM 2 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. IT6 201,4-093—SRa PROJECT TITLE.; SOUTH POINTE PARK LANDSCAPE REMEDIATION COMPANY NAME: Superior Landscaping&Lawn Service, Inc. LUMP SUM TOTAL � Base Bid($) rr I �� C2 v INDEMNIFICATION ALLOWANCE $25.00 (TRENCH ACT) PERMITALLOWANCE $5,000.00 ALLOWANCE FOR DOG PARK $10"000.00 WATER FOUNTAIN,AS PER LA-305 5%CONTINGENCY 2�� �• (� GRAND TOTAL e s Company: Superior Landscaping &Lawn Service, Inc. Address Line 1: 2200 NW 23rd Avenue Address Line 2: Miami, Florida 33142 Telephone: 305-634-0717, Email: superlandsca e @bellsouth.. y i Signature: Title/Printed Name: ;Orlando Otero, President L- i: CITYOF MIAMI BEACH r�.�'�1,'�snii.�1.1jE CH BID NO: 2014-093-S 49 DUE DATE: FEB 19,2013 A®2 BID TENDER FORM Submitted: 2/1912014 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 n-ecessary 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. 2014-093-SR SOUTH POINTE PARK LANDSCAPE REMEDIATION 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 written total base bid ' al total base bid and the , the written total base bid between the numeric 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. E31®N®:2014-093-SR CITYOF MIAMI BEACH DUE DATE:FEB 10,2013 50 BID LIST BASED-ON 100% CONSTRUCTION DOCUMENTS m (dated 1/27/14) *NOTE: UNIT PRICES SHALL REMAIN FIRM AND FIXED FOR THE DURATION OF THE CO.NTRAC T UNTIL FINAL ACCEPTANCE DY THE,CITY. Phase I ITEM UNIT COST Construction Fencing $_== 0.00 Remove 15"Existing Soil/Sod (flat sod areas) $ 12,456.00 Remove 24" Existing Soil/Shrubs (shrub areas) 19,650.00 Install 6" of Gravel (flat sod areas) 19,500 00 6656600 .5. Install 8" of Planting Soil for Sod (flat areas) $ 33$ 12,, . Install 24, of Planting Soil for Shrubs Drainage System $ 11,985.00 AdvanEdge Pipe $ HDPE 6,650.00 Install Irrigation $ 6,540.00 Fibersoil (flat sod areas) $ 14,650.00 Planting Sod $ 28,000.00 Sand Cordgrass $ 16.950.00 Dune Sunflower $ 3,566.00 Phase If UNIT COST ITEM Construction Fencing $ 12,890.00 Construct Concrete Sidewalk $ 12,564.00 Construct Brick Paver Sidewalk(using existing bricks) $ 13,520.00 Purchase and Install additional Bricks (if necessary) $ 250.00 Remove 15" Existing Soil/Sod (flat sod areas) $ 16.890.00 Remove 24" Existing Soil/Shrubs (shrub areas) $ 22,560.00 Install 6" of Gravel (flat sod areas) $ 23,750.00 Install 8" of-Planting Soil for Sod (flat areas) $ 12,988.00 758.00 Install 24" of Planting Soil for Shrubs $ 39, Drainage System AdvanEdge Pipe $ 6 850.00 HDPE $ 4,850.00 - _ Install Irrigation $ 7,540.00 Fibersoil (flat sod areas) $ 38,654.00 Planting $ 27850.00 Sod Perennial Peanut $ 16,897.00 4 $ 4,650.00 Coconut Palm Small Leaf Clusia $ 3,850.00 Firebush $ 2,865.00 Wild Tamarind Tree $ 4,850.00 Live Oak Tree $ 850.,00 Muhly Grass $ 7,890.00 Phase III ITEM UNIT COST $ 12 Construction Fencing 890.00 Remove Existing Sidewalk $ 13,540.00 Install New Sidewalk $ 46,500.00 Remove 7" Existin g Soil/Sod (slo (sloped areas) $ 9,847.00 Remove 24" Existing Soil/Shrubs (shrub areas) $ 18,650.00 Install 6" of Planting Soil for Sod (sloped areas) $ 12,685.00 Install 24" of Planting Soil for Shrubs $ 46,850.00 Install Irrigation Install Geotextile Fabric on Slope $ 11,985.00 Fibersoil (flat sod areas) $ 49,856.00 Planting Sod $ 38,540.00 Sand Cordgrass $ 18,456.00 Phase IV ITEM UNIT COST' Construction Fencing $ 13,560.00 � Crush and Reinstall Coquina Walk areas) 15,685.00 Remove 15" Existing Soil/Sod (flat sod areas} $ 14,566.00 Install 6" of Gravel (flat sod areas) $ 22,856.00 Install 8" of Planting Soil for Sod (flat areas) $ 39,756.00 Drainage System 13,564.00 AdvanEdge Pipe $ HDPE $ 1,785.UU Install Irrigation $ 6,750.00 Fibersoil (flat sod areas) $ 66,850.00 Planting Sod 24,899.00 Phase V ITEM UNIT COST ® $ 13,655.00 Construction Fencing Remove Concrete Sidewalk $ 8,562.00 Construct Concrete Sidewalk $ 58,970.00 Remove 15"Existing Soil/Sod (flat sod areas) $ T_ 8,657.00 . 71 Install 6" of Gravel (flat sod areas) $ 35,980..00 Install 8" of Planting Soil for Sod (flat areas) $ 56,420.00 Drainage System AdvanEdge Pipe $ 12.500.00 HDPE $ 18,500.00 Install Irrigation $ 9,500.00 Fibersoil (flat sod areas) $ 54,850.00 Planting Sod $ 61,665.00 Phase VI ITEM UNIT COST Construction Fencing $ 11,950.00 Remove Existing Tree $ 3,845.00 Remove 15" Existing Soil/Sod (flat sod areas) $ 12,654.00 Remove 24" Existing Soil/Shrubs (shrub areas) $ 28,650.00 Install 6" of Gravel (flat sod areas) $ 31,425.00 Install 8" of Planting Soil for Sod (flat areas) $ 18,250.00 Install 24" of Planting Soil for Shrubs $ 52,650.00 Install Irrigation $ 8,956.00 Fibersoil (flat sod areas) $ 47,890.00 Crush and Reinstall Coquina Walk $ 4,800.00 Planting Sod $ 54,685.00 Sand Cord Grass $ 15,680.00 Sword Fern $ 12,560.00 Muhly Grass $ Green Buttonwood Tree $ 3,000.00 Silver Oxeye Daisy $ 13,500.00 Dwarf Fakahatchee Grass $ 3,250.00 Phase VII ITEM UNIT COST Construction Fencing $ 12.654.00 Relocate Existing Mound $ 65,000.00 Remove 7" Existing Soil/Sod (sloped areas) $ 7,850.00 Remove 15" Existing Soil/Sod (flat sod areas) $ 15,640.00 Remove 24" Existing Soil/Shrubs (shrub areas) $ 19,500.00 Install 6" of Planting Soil for Sod (sloped areas) $ Install 6" of Gravel (flat sod areas) $ 32,560.00 Install 8" of Planting Soil for Sod (flat areas) $ 14,980.00 Install 24" of Planting Soil for Shrubs $ 39,850.00 Drainage System AdvanEdge Pipe $ 12,500.00 A®2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: UU e LP AM Amendment 6 Amendment 1 2/7/2014 mendment 2 Amendment 7 A /2014 211'1 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond , Cash ❑, (Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. for the sum of Bank of Dollars ($ )• The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Superior Landscaping & Lawn Service Inc. Address Line 1: 2200 NW 23rd Avenue Address Line 2: Miami, Florida 33142 Telephone Number: 305-634-0717 E-mail Address: superlandscape @bellsouth.net Social Security Number: Dun & Bradstreet No.: 962739264 OR Federal I.D. Number: 65-0838100 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:2014-093-SR CITYOF MIAMI BEACH 51 DUE DATE: FEB 10,2013 A-2 (Sign below if incorporated) Superior Landscaping&Lawn Service, Inc. (Type Name of Corporati ,n) ATTtST: (Type or Pr Sep etary ;' / (Signatu're a'nd Thip)� (CORPORATE SEAL) Orlando Otero (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida CITYOE MIAMI BEACH ' MIMi11BEACH BID NO:2014-093-SR 52 DUE DATE:FEB 10,2013 A-3 SUPPLEMENT TO BID/TENDER FORM:STATEMENT CONTRACTOR QUALIFI THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOW CORM AAS ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED TED WITHIN DETERMINED IN THE SOLE DISCRETION OF THE ESTY, SHALL L SEVEN (7) CALENDAR DAYS OF THE C ITYS R Q ized re resentative of the Bidder certifies the truth and accuracy of all The undersigned author p statements and the answers contained herein. Registrations our organization may possess. 1. Please list all Licenses, Certifications, and/or Y Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#lRegistration# #2 ears Miami-Dade Count Business Tax Receipt ---- 12 Cit of Miami 19 CitV of Miami Beach Key Personnel, the intended role for this Project, and resumes for each 2. Attach a list of the K y individual. 3. What business are you in? Landscape Contractor 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. Fla ler Grove Park located in Homestead, Florida was completed in 2012 5. Have you ever failed to complete any work awarded to you? If so, where and why? No ro ect names, for all 6. List owner names, addresses and telephone numbers, and surety e anintervened roj t n to assist in projects for which you have performed worc�aiwhere s made surety completion of the project, whether or not a None olicable. 7. references for References & Past Performance. Bidder shall submit at least t the work referenced in whom the proposer has completed work similar in size and nature solicitation. REQUIREMENT: Proposer shall submit a minimum of three (3) references, SUBMITTAL 2) Contact Individual Name & Title, 3) including the following information: 1) Firm Name, Address, 4)Telepho ne Contact's Email and 6) Narrative on Scope of Services Provided. 5) Q 1`00A!'ABEACH CITYOF MIAMI BEACH BID NO:2014-093-SR 53 DUE DATE:FEB 10,2013 Z Vs Z a o co (" v7 C� n SO m CO ar e��v> 3?�� Q � CL Z ma co 0� 3 m °® 0 D p 0 , W�rn w='Cn :7;u o m m` �. CD Ca N O N CD G� O r a p r Q _ C NC'D �CD I N fl7 Ny c O Z D (� CD m (no Cn Cn c 0 m C n Cl) ° ° c a':3 (� cr > > C*) c 0 0 0 o Z 0 0 0 0° ° m .1 Z3 0 A. y 0 o 03 d O O ra O O 9 t.9 69 : .. ��... o '. W QO p O CJ O O 0 �! .I O O O O O O .';V:: ' O r. O 00 p O O O �'A�". O O O O O p GQ O O O Q O O O 00 O O 3 cn r:. m C L .. 0 m u) C) w o o N N OC CD r�•r O p N d .. w W 0 O .:.�! V 0 (V'Tl J (D: `G 'O `G (D N ca C O --' O Q' o W O O ® '•� c, A Off. "G O .. A o (D (A 0 (GSA 'W r-@' <n °o m N CD 00 7 CD O O N Z CD O N Z. D O CD co O � w� m �rn Z N ZN O G)CD (a�� -a 0 0 w a -z 'II CD•N� N TI�O �ffl D A w n 77 n p)B3,D O y 2 C� O W N r a)^�., O�W' N p,_ 1 N O A CD ' .Gib < p w Cl)C O wO� W Cn O� v Cl)�(a 7 O� Cn wr0.� WC• -t V7 C D O_O `v -4 ND = mN > p w0�� X ACD D NNco CnA° O (0 co i w O S'A'ND Cis � rl 7 N D a3 N D j W 3 v COC CD 0 Q) G) A CO N C) v G7 G CD 3 < O 7 ( K CD r r w0 w w cNi,0 w i co w rn v7 �O np OiNi1 CD 3 a;a N Q Qto, n°i XN ° x d 7 N m v v N� (D w m 0 o m ° un - m �K w CL M 3 N c �° p a 3 ncn�r0 2 O:. o ,� C 7 ty.� p n p N ° ° w m C I n `a Cl) s > >m ° Cn o CD N o 3 O ..�`.. °o7Q va °—' c ° ' _D cn Experience i 1 i i Lincoln Condos Broward Community College ®e! i��onte Corporate Miami Beach, FL 33139 � �,i Tigertail Watersports Facilty office 580 Gulfstream Way 241 Sevilla Avenue Adler Offices at i�ICC 1200 NW 78th Avenue Dania Beach, FL 33004 Cora! Gables, FL 33134 Miami, FL 33126 pra ados_USA, Inc City of Cabe Core! g Adler Plaza Landscape Maintenance Maintenane at 1-595 10700 NW 12th Street for City Parks & City Hall Corridor Miami, FL 33172 Campus Florida Contract No. ITB-PR12- 51/KS Fryd properties Baptist hospital Kendall One Plaza 8900 N. Kendall Drive 8603 South Dixie Highway Miami, FL 33176 CB Richard Ellis Brickell Plaza Miami, FL 33143 777 Brickell Avenue Miami, FL 33131 The Grand Condominium 1717 North Bayshore Drive Miami;FL 33132 CB Richard Ellis Homeland Security Buiding One Riverview Square Hilton Miami Downtown 333 South Miami Ave 1601 Biscayne Boulevard I Miami, FL 33130 Miami, FL 33132 Cii of Bonita Springs Mount Sinai Medical Juvia Restaurant y Canter 1 1 11 Lincoln Road US 41 Landscape and Irri ation Comprehensive Cancer Miami Beach, FL 33139 g Maintenance - Collier Center Alton Road Lee County County Line to Miami Beach, FL 33140 Landscape Maintenance North Corporate limits for DOT Roadways Contract No. BSC-08-04- 059 The Cosmopolitan Contract No Q-080160 Residence on South Beach 1 10 Washington Ave AA cirri a'1 at Miami Airporr', City of Bonita Springs Miami Beach, FL 33139 1201 NW LeJeune Road Butterfly Garden at _ Miami, FL 33126 Riverside Park 10450 Reynolds Street City of Miami Beach Bonita Springs, FL 34135 X °"' Landscape Maintenance Services for the Bou`gulls Civil Works ' ;�' Beachwalk, Boardwalk, Port of Miami Tunnel ` Street-ends and Spoil Area Miami, FL Citywide Contract No.:35-09/10 City of Boynton Beach Cushman of Landscape Maintenance South Florida, Inc City of&,iiami Beach for the City of Boynton Medley Logistic Center Grounds Maintenance Beach 9350 NW 1.08th Avenue Service for the Contract No. 020-2730- Doral, FL 33178 13/JMA 13, Northshore/Washington Contract No.: 20-09/10 Avenue Areas. Group C City of Nliarr^ri Beach Mol)rli Sinai h1edical Grounds Maintenance M Center Service for the City of Main Campus 4300 Alton Road Miami Beach Contract No.: 34-08/09 Miami Beach, FL 33140 City of d`•-�yramr Ba..aci"I UIA management, LLC Miami Beach Convention 1 100 block of Lincoln Road & Center Parking, Pedestrian 1901 Convention Center Penthouse maintenance Drive Miami Beach, FL 33139 City of North Miami Beach Landscape Maintenance City of Miartli Beach for City Buildings, City Parks Grounds Maintenance & City ROW Service for the City of Miami Beach Causeways, Seaboard Marine Islands and Other 1630 Port Boulevard Locations; and Mowing Miami, FL 33132 Services (South Point Park) Contract No.: 19-08/09 Resorts World Miami Miami Herald Building Town of Miami Lakes 1 Herald Plaza Maintenance of Pocket Miami, FL 33131 Parks and ROW Medians Contract No. 2012-05R t: City of Miarni Biscayne Boulevard Maintenance Contract A u from NE 5th Street to NE 87th Street, M-0039 Mount Sinai Medical y. `r Center Miami Heart Institute 4701 North Meridian -:t, .' Avenue Miami Beach, FL 33140 f: fount Sinai Medical Cenlierr - _-- Aventura Center .�.. _.i'm 2845 Aventura Boulevard Aventura, FL 33180 '14 ' REFERENCES Flagler Grove Park JRT Construction 7551 SW 104th St Miami, FL 33156 Contact: Jeovanni Tarafa Ph: (305) 557-9911 Fax(305) 557-9922 Email: istruction.com Scope of Services: Landscape installation, irrigation installation and sodding of 2 soccer fields. Homestead Bayfront Park Miami-Dade Parks and Recreation 9698 SW 328 Street Homestead, Florida 33033 Contact: Alfredo Rivero Ph: (786) 423-8897 Email: arriver @miamidade.gov Scope of Services: Landscaping and Sitework. A.D. Barnes Park 3401 SW 72 Avenue Miami,Florida 33128 Contact: Jeovanni Tarafa Ph: (305) 557-9911 Fax(305) 557-9922 Email:jtarafa tarafaconstruction.com Scope of Services: Landscaping and sitework PO BOX 36-0095,Miami, Fl.33135-0095 SUPERIOR...,-­., - LANDSCAPING & LAWN SERVICE, INC Ph: (305)634-0717 Fx:(305)634-0744 16 e ' A®3 8. Attach a list including the following information concerning all contracts in progress for as the[all date 01 r submission of this bid. (In case of co-venture, list the information co-venturers): a. Name of Project b, owner and Point of Contact (Minimum of Phone Number& E-mail Address c. Original Contract Value d. Current Contract Value letion per Contract e. Projected Date of Comp f. Percent(%) Completion to Date of Bid Submittal completely inspected the proposed project and/does thoe � g. Has a representative of the Bidder p 0/y es ❑N performance? r Bidder have a complete plan for its and complete name of the partnership, corporation or trade 10. State the true, exact, correct tats the names under which you do business and the address of they Inee partnership me and r . If a name president and secretary. p corporation, state the name of the pre s under of all partners. If a trade name, state the names of the individuals who do busines the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: superior Landsca in &Lawn Service, Inc. B. The business is a: ❑ Sole Proprietorship ❑ Pa=rtnership 6�6orporation C. The address of principal place of business is: 2200 NW 23rd Avenue Miami, Florida 33142 i orate officers, or partners, or individuals doing business under a D. The names of th e cor p trade name, are as follows: No pplcblt Aiae. CITYOF MIAMI BEACH f'Vd'�i'�.I�EACId BID NO:2014-093-SR 54 DUE DATE:FEB 10,2013 ,A®3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. Not Applirabi petitions F. List and describe all bankruptcy p (voluntary or involuntary) which have been g feted by or against the Bidder, its parent or subsidiaries or predecessor of h such during the past five (5) years. Include in the description the disposition petition. Not Applicable. G. List e to your and describe all successful Performance or Payment Bond ssmadld include surety(ies) during the last five (5) y ears. The list and descriptions claims against the bond of the Bidder and its predecessor organization(s). Not Applicable. arbitrations, administrative hearings and lawsuits brought by or against H. List all claims, arb ears. The list the Bidder or its predecessor organization(s) during then last fiv 5)y numbers; the shall include all case names; case, arbteaarose;randescription of the subject matter of name of the project o final outcome eoflthe claim. the dispute; and the f Not Applicable. CITYOF MIAMI BEACH ;V%`I Ar I BEACH BID NO:2014-093-SR 55 DUE DATE: FEB 10, 2013 I A-3 � l List and describe all criminal proceedings or hearings concerning business r io elated offenses in which the Bidder, its principals or officers or predecessor g were defendants. Not Applicable. J. Has the Bidder, its principals, officers or predecessor organization(s) been debarl yredeor suspended from bidding by any government during the last five ( ) years? please provide details. No. K. Under what conditions does the Bidder request Change Orders? When there is a deviation from the original scope of work. L. Provide the names of all individuals or entities (including your sub-cons l a cts) with ng controlling financial interest and the percentage of ownership. Th e term 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 or more in a firm. The term "firm" shall mean any corporation, partnership, or any legal entity other than a natural person. Orlando Otero 90% Maria Valdes 10% BID NO:2014-093-SR CITYOF MIAMI BEACH 56 DUE DATE: FEB 10,2013 A®3 11. Individuals or entities'(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. Not applicable... 12. 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 Ubdivision or agency thereof? ❑Yes �P'No 13. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page/ c1rrent? � ❑Yes (�'No If the answer to either number 12 or 13 is yes, attach a written detailed explanation. 14. 1s t business entity a Miami Beach based Vendor? (OYes ❑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 pursuant to City Code. 15. 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 Business? ❑Yes KiNo CITYOF MIAMI BEACH BID NO:2014-093-SR 57 DUE DATE: FEB 10,2013 1 A3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: information Provided in this questionnaire is correct an The undersigned certifies that the a,ccurate. IF PARTNERSHIP: Print Name of Firm Signature Address Print Name Title: ION: �' IF CORPORAT j ,�' �,�� / Su erior Landscaping&Lawn Service, Inc. i Print Name of Corporation Pr i Signature 2200 NW 23rd Avenue Miami,Florida 33142 Orlando Otero Address Print Name Title: President WITNESS: 1 F Sidnatu\'e( Print Name Title: ,E<,1.. r,,,_ ��•< � � �-�(�^��op , (CORPORATE SEAL) J Secretary Attest: 1 1U`�;I.Ar`�,itII�EACE-f CIT1(OF[MIAMI BEACH BID NO:2014-093-SR 58 DUE DATE: FEB 10,2013 [A-41 SUPPLEMENT TO BIDIENFORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. day of Februa , 2014. Submitted this 19 _ Y The undersigne named d as Bidder, declares that the only persons interested in this to Bid are th s Bid , ont herein; that no other person has any interest m this Bid n cement C h arnytother person; and pertains; that this Bid is made without connection or arra g that this Bid is in every respect fair and made in good faith,without collusion or fraud. ro riate Cit of Miami Beach The Bidder agrees if this Bid is accepted, to execute contractual prelaponship between the Bidder document for the purpose of establishing a forma and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. states that thin Bid is based upon the documents identified by the following number: The Bidder Bid No. 2014-086SR: f ,� f SIGNATURE c Orlando Otero PRINTED NAME President TITLE (IF CORPORATION) CITYOF MIAMI BEACH Od iV Ir�AA BE�'4CH BID NO: 2014-093-SR 59 DUE DATE: FEB 10,2013 A-5 SUpPL.EMENT TO BID ACE��To CATION DRUG FREE WORKP 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 manuf cure, di toffution, ( } dispensing, possession, or use of a controlled substance is prohibited i 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 ( ) penalties The that may be imposed upon employees for drug abuse violations I occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); of the statement required by subparagraph (1), that as a (4 Notifying all employees, in writing,} condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) otify the employer in writing of the employee's conviction under era ndar days nal drug ) statute for a violation occurring in the workplace no later than five (5) cale after such conviction; (5) Y 9 Notif in the City in writing within ten (10) calendar days after receivingnotice of under subdivision (4) (ii) above, from an employee or otherwise receiving actual such conviction. The notice shall include the position title of-the employee; 4 of a calendar days after receiving notice under subparagraph ( ) 30 convicted hint vi (6) Within thirty ( ) conviction, taking one of the following actions with respect to an employee who is con of a drug abuse violation occurring in the workplace: to ee, u to and including (i) Taking appropriate personnel action against such emp y P termination; or ii) Requiring such employee to participate satisfactorily in ad drug abuse oa ocal nce or rehabilitation program approved roved for such purposes by a federal, law enforcement, or other appropriate agency; and (7) M g a good ood faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). CITYOF MIAMI BEACH MJAIMI BEACH BID NO:2014-093-SR 60 DUE DATE:FEB 10,2013 A®5 SUPPLEMENT TO BID/TEND E T®ICA°TI®N DRUG FREE WORKPLACE ff,.Mj (gd!dS�g' ature Orlando Otero (Print Vendor Name) STATE OF Florida COUNTY OF Miami-Dade instrument was acknowledged before me this 19�day of February The foregoing as 2014 , by Orlando Otero (name of person whose signature is being notarized ' ent (title) of Su erior Landsca in &oL corporation/company)President (name of core as known to me to be the person described herein, or who produced identification, and who did/did not take an oath. NOTARY PUBLIC: L4 jv_ ---';;g- gn`atu e) e - CE_91) (Print Name) BETTY R.GERDTS * MY COMMISSION#DD 970604 EXPIRES:March 28,2014 My commission expires:�f9rs ��`°� Bonded Th 11r1getNotary SrMices CITYOF MIAMI BEACH -- BID NO:2014093-SR 61 DUE DATE:FEB 10,2013 As SUPPLEMENT°TO BID TENDER 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 bu t e sb ith the City of Miami Beach, who area f warded a contract pursuant to competitive "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) Now are "Eq " defined and what kind of"Benefits" does the Ordinance ual Benefits" cover? "Equal Benefits" means that contractors doing business with the City who are the covered by the Ordinance shall be required to provide the same type of benefit Y employees and their spouses, to employees rdinanDcemandcwhichemay be offered by a The type of "Benefits" defined by the contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits 128 of the C it provides to Domestic Partners of City employees, pursuant to Section Code]. "Benefits" with the Notwithstanding the definition of Benefits in the Ordiea�bove-desc bed benefits. Ordinance a Contractor is not required he provide all of Benefits they offer to their Contractors are only required to offer t YP employees with spouses, to employees with Domestic Partners. Additiio Additionally,red Contractor who offers no benefits to employees o r their spouses, would not be 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 to or local have registered as domestic partners with a government body pursuant o 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 preceding during 20 or more calendar work weeks in either the current or the p 9 year, as to • Contractors covered by the Ordinance are only required to comply employees who: 1) either work within the City limits of the City of Miami f the or 2) the contractor's employees located in the United States, but outside City limits, only if those employees are directly performing work on the City contract(covered by the Ordinance). CITYOF MIAMI BEACH fv`k1 •'ve'BEACH BID NO:2014-093-SR 62 DUE DATE:FEB 10,2013 Ao6 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 $1.00,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; iation, society or any nonprofit • The contractor is a religious organization, assoc or charitable or educational institution or organization operated, super It edn or controlled by or in conjunction with a religious organization, 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 CDBC�, HOME, SHIP, and Surtax funds administered by the • City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape A/E, or survey and("The plConsultants procured pursuant to Chapter 287.055, Florida Statutes Competitive Negotiation Act"; • Contracts for the procurement of life, health accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of ins officers officers and employees of the City and their dependents, from a g p plan. the The Ordinance provides, upon written recommendation of the City Manager,tfor the City Commission may, by 5/7ths vote, waive application of the Ordinance following: • Emergency contracts; • Contracts where only one bid response is received; ceived, but none of the bidders • Contracts where more than one bid response is re 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 RIBA and may under jurisdiction of the Employee Retirement Income Security E ) certain circumstances be held invalid under Federal 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 the he proposed City • At the time of entering into the contract with City, contractor shall certify to the City that it intends to provide Equal Benefits, along CITYOF MIAMI BEACH M NjIl�4AI BEACl- BID NO:2014-093-SR 63 DUE DATE:FEB 10,2013 i with the description of its employee benefits plan, which needs to be delivered to A-6 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 provides that it pro Equal Benefits.q 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; • 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. Balance of Page Intend®pally Left Blank BID NO:2014-093-S2014-093-SR CITYOF MIAMI BEACH tV,1A;NA1BEACH 64 DUE DATE:FEB 10,2013 A-6 MIAMIBEACH DECLARATIG... ... .-.ND BENEFITS Section 1.Vendor Information Name of Company: Superior Landscaping & Lawn Service, Inc. Name of Company Contact Person: Orlando Otero Phone Number: 305-634-0717 Fax Number: 305-634-074 E-mail: superlandscape cnbellsouth.net Vendor Number(if known): Federal ID or Social Security Number: 65-0838100 Approximate Number of Employees in the U.S.: 250 (If 50 or less,skip to Section 4,date and sign) a collective bargaining agreement or union trust fund? Yes_j/No Are any of your employees covered by 9 9 g . Union name(s): Not Applicable 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 e ❑Color �es_No ❑Sexual Orientation //Yes_No []Creed ,/Y s_No ❑Gender Identity(transgender status) �/es_No []Religion }Yes_No ❑Domestic partner status Yes_No ❑National origin �/Y_No ❑Marital status /Yes_No f ZYes No ❑Ancestry /Yes_No ❑Disability _ AIDS/HIV status /Yes_No ❑Age ,_Yes_No ❑ �-- ❑Height �/Yes_No ❑Weight Oes_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:2014-093-SR CITYOF MIAMI BEACH 1`�!'!I�!r�itl�EACH DUE DATE:FEB 10,2013 65 [A-61 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2Bof sooudsal opdomesti partner benefits.ur employees mus _pay some or all of the cos p A. Will your company provide or offer access to any benefits o em mployee c with spouses and/or to spouses of employees that may be assigned to work on the City of /Yes_No osite sex) B. Will your company provide or offer access to any benefits to employees with (same or opposite domestic p artners* or to domestic partners of employees that may be assigned to work on the City of Mia i Beach contract? Yes—No t-- *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 at internal gl maintained by the employer of at least one of the domestic partners. A Contractor may institute ees with an internal registry to allow for the provision of equal benefits to employ domestic partner who do not register their partnerships udictio where such body authorizing such registration, or who are located n a jurisdiction gistry governmental domestic partnership exists. t�stringent than those requ reed for shall not impose criteria for registration th at are more s domestic partnership registration by the City of Miami Beach If ou answered"NO"to both Questions 2A and 2B,go to Section 4(at the bottom of this page), complete and sign the form,filling in all items requested. If ou answered"YES"to either or both Questions 2A and 26,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 pr othetl benefits areeprovided directly to the spouse or domestic partner, such as bereavement leave, spouse or domestic partner,such as medical insurance. Documentation of this Yes for Yes for Employees No,this e Employees with with Domestic Benefit is Not Benefit th th s Form BENEFIT is Sub I S ouse's PartnVs Offered Health ° Dental Vision ° Retirement(Pension, 401(k),etc.) ❑ Bereavement �� i� Family Leave ❑ Parental Leave ° 91/ ° Employee Assistance 0 , Pro ram ❑ ° Relocation&Travel a ° Company Discount, ❑ ° Facilities&Events ° Credit Union ° ❑ ❑ Child Care ° Other ° ° Note: If you cannot offer a benefit in a nondiscriminatory manner because of rea outside mayrbe control, ligible for there are no insurance providers in your area willing to offer domestic partner coverage)cash equivalent, submit a Reasonable Measures compliance. To comply on this basis, you must agree to pay completed Reasonable Measures Application with all necessary attachments,and have your application approved by the City Manager,or his designee. CITYOF MIAMI BEACH en �AI��r`>/dBEAC1-1 BID NO:2014-093-SR 66 DUE DATE:FEB 10,2013 To be eligible for vacation time, the employee must seek authorization from the employee's immediate supervisor at least three(3)months in advance.Although we try to accommodate such requests, conflicts in the vacation schedule are resolved based on the needs of Superior Landscaping. Vacation time will not be granted in periods of less than one (1) day or greater than one (1) week. Vacation time cannot be accumulated from year to year. C. LEAVE 1. Sick Leave Regular full-time employees shall accrue sick leave beginning ninety (90) days after commencement of employment. Sick leave shall be granted to all regular full-time employees up to a maximum five(5)working days in any one calendar year. Sick leave may be taken for an employee's illness or for the care of an employee's parent,or child when that parent or child is ill. Sick leave may not be carved over from one year to the next. Sick days will be accrued at a rate of.77 hours for every pay period of uninterrupted work. 2. Personal Leave Full time Employees also are allowed two(2)personal days. These are not paid.You must call your supervisor for approval at least one (1) day in advance. For emergency situations, you must call in prior to your scheduled shift. Personal time will be granted by your manager according to the operational requirements of your area. 3. Bereavement Leave We allow a maximum of three(3)days of leave without pay if there is a death in your immediate family. For the purpose of this benefit,your immediate family includes your spouse,children,grandchildren,parents,siblings, your mother and father-in-law, or grandparents. 4. Leaves of Absence 1 week for a medical or personal reason. You may request a leave of absence,without pay,for a maximum of p Your leave must be requested in writing, stating the reason for the leave and the date you intend to return to work. If the leave is for illness or disability,your request must be accompanied by a statement from your doctor confirming that your absence is medically necessary. Submit your request to your manager. You must have written approval of your leave, in advance, from management. If you are absent because of an on-the-job injury covered by Workers'Compensation,you will not be required to make a written application for a leave of absence. Leave will be automatically approved up to the maximum. 10 If a leave is granted, you will be kept in employee-status for the period of the leave. You will not accrue or receive benefits such as vacation pay, holiday pay, or sick leave during the time you are on leave. A leave of absence does not guarantee your reinstatement. Reinstatement depends on what positions,if any, are available at the conclusion of your leave. We discourage leaves for personal business, except as required by law. If you must leave Superior Landscaping for an extended time not covered by vacation or personal time, authorization for a leave of absence is at the discretion of management. If a leave of absence is not granted, we will accept your resignation. If your work has been satisfactory, you may be considered for rehire. 5e Family Medical Leave Policy Under The Family And Medical Leave Act(FMLA) Employees who wish to take Family and Medical leave should contact Human Resources to determine if they are eligible for Family and Medical Leave and if so, to obtain necessary documentation and make arrangements for their leave. t ao Eligibility and Reasons Employees who have worked for the Company for at least twelve(12)months and at least 1,250 hours during the preceding twelve(12) months are considered eligible for FMLA leave. Eligible employees may take up to twelve (12)weeks of unpaid leave in a twelve (12) month period for the following reasons: 1. The birth of a son/daughter of an employee and to care for the child; 2. The placement of a son.or daughter with an employee for adoption or foster care and to care for the newly placed child(entitlement to leave for birth,placement for adoption or foster care of a son or daughter expires 12 months from the date of the birth or placement of the child); 3. In order to care for the employee's spouse,son,daughter or parent who has a serious health condition; 4. A serious health condition which renders the employee unable to perform one or more of the essential functions of the employee's position. Son or daughter means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in place of a parent,who is(a)under 18 years of age;or(b) 18 years of age or older and incapable of self care because of a mental or physical disability. The twelve (12) month period in which eligible employees may take leave is a rolling twelve month period measured backward from the date an employee uses any FMLA leave. 11 K. COMPUTER FILES AND EQUIPMENT As with all our o equipment there ui ment and property,our computer equipment and computer records are to be used only for our business purposes and as authorized by management. Since these are considered Company property, no employee may expect the information contained therein,including°E-marl,to remain private, if a password is used. Due to our back up systems,documents generated in our computers will create record in our files even though you may try to delete it. E-mail,as well as all other computer records,will b inspected b mana ement from time to time to ensure they are being used for business and/or authorized purposes only. Y g may ees Em p to Y Y only use the equipment they have been trained and authorized to use.You may access only those records which you are required to use to perform your work. If you gain access to a record which is confidential, or which you are not authorized to view, exit from it immediately. Passwords are issued for our convenience and they are to be used only by the employee to whom it has been assigned. Passwords are not used to ensure the privacy of the employee. Therefore, at least one management official must be apprised of and know all password(s) used by employees. To avoid the risk of damage to our equipment and records,you may not introduce into our computer system any programs or diskettes which have not been approved in advance by any officer of the company. We may consider a request for the occasional use of our computer equipment for personal reasons. If your request is granted, you will be personally notified by any officer of the company. Do not use the equipment unless this has been authorized in advance. L. SUPERIOR LANDSCAPING RECORDS Our records are confidential and may not be reviewed,copied,or disclosed without authorization from senior Superior Landscaping is engaged in a service industry and requires a strict code of management. p atin practices, pricing, estimating, confidentiality. Any and all information about our customers, vendors, trade p , p 9 employees, etc. is and will remain the property of Superior Landscaping. Employees are not authorized to copy, either in written form or electronically any of this information. Never copy or disclose customer affairs, prices, files, or printed materials. Confidential information includes personnel and payroll records, wages,, information on suppliers, and anything else about the way we operate our business. Any employ who violates this policy may be subject to discipline, up to an including termination. Each day,some employees must record on the time records when work begins,when leaving for and returning from lunch, and the end of the work shift. If you leave and you are not on official business,you must record this on Y our time record. No employee may record another employees time. Any error on your records must be corrected by your manager. Do not record your time more than seven (7) minutes before or after your scheduled work time. Falsification of Company reports or records will not be tolerated. This includes documents completed as part of the hiring process, as well as documents completed after employment begins. If you make any error or 23 omission on any employment or work related document, notify management immediately. Employees are responsible for insuring that information they present is complete and accurate. M. WARNINGS, DISCIPLINE AND SEPARATION All employees are expected and required to meet acceptable performance standards and to adhere to the highest standards of conduct at all times in dealing with customers, co-workers, management, and all other individuals. Superior Landscaping retains the right to discipline and/or discharge anyone for violation of these standards or for any reason deemed to be detrimental to the effective and efficient operation of Superior Landscaping. As at-will employees,employees may be terminated with or without notice and for any reason, consistent with the law. Superior Landscaping recognizes that each disciplinary situation is unique. Therefore, management retains the right to treat each incident on an individual basis at its discretion. However,in considering the discipline to be utilized in a particular case, management may consider the severity of the event, the cost involved to Superior Landscaping, the interval between violations of a similar nature by the same employee, other violations,the employee's overall work record,the employee's length of service,and other factors as may bear upon the efficient and harmonious operation of Superior Landscaping. While Superior Landscaping is in no way bound to follow any specific procedures, the following forms of discipline may be utilized: (1) oral warning (2) written warning (3) suspension (4) demotion (5) combination of the above (6) termination In order to give employees a general idea of the forms of conduct that may subject them to discipline,up to an including discharge, the following are listed as examples of violations of standards of conduct and offenses which might subject an employee to immediate termination. These examples are not meant to be all-inclusive. Theft of property. Deliberate destruction, abuse damage, or defacing of Company property, supplies, or equipment. Unauthorized use of or damage to property belonging to Company's customers, staff or management. Falsification of Company reports or records, including time cards and employment applications. D The presence, possession,sale, use of alcohol or illicit drugs on Company premises or reporting to work under the influence of these substances. 24 A-6 Section 3.Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question IRe Require for P roper documentation,your company cannot be certified as complying with ce the submit a statement Benefits from your insurance Domestic Partner Ordinance. For example, to document document;to document leave programs,submit a copy of your provider or a copy of the eligibility section of your p employee handbook.If documentation for a particular benefit does not exist, attach an explanation. company's / Have you submitted supporting in documentation for each benefit offered? I/Yes_No Section 4.Executing the Document der enalty of perjury under the laws of the State of Florida that the foregoing is true and correct, 1 declare un p and that I am authorized to bind this entity contractually. 2014 Superior Landscaping & Lawn Service, Inc. Executed this 1 9 day-19 of February ,in the year ,at P.O. Box 35-0095 Mailing Address Signature j C Miami Florida 33135 Orlando Otero City,State,Zip Code Name of Signatory President Title CITYOF MIAMI BEACH BID NO: 2014-093-SR 67 DUE DATE:FEB 10,2013 A-6 M I AM I B EACH KtASUNAhSLnt MtA5UKt5 AFFL,.IGAI IUN Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Department of Procurement Management 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: 2. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 3. The dates on which such benefits providers were contacted; 4. Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 5. 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:2014-093-SR CITYOF MIAMI BEACH F�{(,t;,'AI BEACH DUE DATE: FEB 10,2013 68 [A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has -taken all reasonable mea not possible ures provided by the City Contractor that demonstrates that it is not possible forf then CCity YContractor to end o discrimination in benefits. A determination that it is p u discrimination in benefits shall be based a consideration of such factors as:p 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 i City qual ben fitsand 2. The existence of benefits providers willing to offer equal benefits t 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 app ) licable in lieu of providing Benefits to the employees' Domestic partner (or spouse, if ap to ee for The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an p Y 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 pa 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 basis premiums that are being paid for the domestic partner employee, to be paid on a while the domestic partner employee maintains the such insurance in force for himself or herself. it medical leave, cash payments for the number of days that would be allowed ah C. For family condition. Cash to care for a spouse that has a serious health for an employee f time off tuber o employee for the nu payment would be in the form of wages of the domestic partner days allowed. CITYOF MIAMI BEACH Q t'�`,��zNA11 BEACH BID NO:2014-093-SR 69 DUE DATE:FEB 10,2013 FA-6 91 M I AAA I B EAC Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Department of Procurement Management by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Pules 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 Department of Procurement Management 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: r Description of efforts being undertaken to end discrimination in benefits: CITYOF MIAMI BEACH 1"�''t ANA11BEACH BID NO:2014-093-SR 70 DUE DATE:FEB 10,2013 AW6 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: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO:2014-093-SR CITYOF MIAMI BEACH ID tVJAJNM BEACH DUE DATE:FEB 10,2013 71 A-6 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 p y lease(p print)) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO:2014-093-SR CITYOF MIAMI BEACH !33 MAMIBEACH DUE DATE: FEB 10,2013 72 SUPPLEMENT TO BID/TENDER FORM: A-7 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 3131, 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 Total $ Name of Bidder Authorized Signature of Bidder BID NO:2014-093-SR CITYOF MIAMI BEACH � I,�, ,f DUE DATE: FEB 10,2013 73 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO:2014-093-SR CITYOF MIAMI BEACH i'MAM!BEACH DUE DATE: FEB 10,2013 74 A-8 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 q g 9 be extracted and recycled after the product has served its intended purpose. BID NO:2014-093—SR CITYOr MIAMI BEACH MIr`s M BEACH DUE DATE: FEB 10,2013 75 A NDIX List of Plans and Specifications MIAMIBEACH BID NO:2014-093-SR CITYOF MIAMI BEACH MIAMBEACH DUE DATE: FEB 10,2013 76 B LIST OF PLANS&SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY ROSENBERG GARDNER DESIGN Sheet Line N61 Revision/Date Ti tie/Description Spec. No LANDSCAPING PLANS 1 COVER 0/12-13-2013 COVER SHEET AND INDEX OF DRAWINGS 2 LA-1.01 0/12-13-2013 EXISTING TREE INVENTORY 3 LA-2.01 0/12-13-2013 EXISTING TREE INVENTORY 4 LA-2.02 0/12-13-2013 EXISTING TREE INVENTORY 5 LA-2.03 0/12-13-2013 EXISTING TREE INVENTORY 6 LA-2.04 0/12-13-2013 EXISTING TREE INVENTORY 7 LA-2.05 0/12-13-2013 EXISTING TREE INVENTORY 8 LA-3.01 0/12-13-2013 PLANTING PLAN 9 LA-3.02 0/12-13-2013 PLANTING PLAN 10 LA-3.03 0/12-13-2013 PLANTING PLAN 11 LA-3.04 0/12-13-2013 PLANTING PLAN 12 LA-3.05 0/12-13-2013 PLANTING PLAN 13 LA-4.01 0/12-13-2013 IRRIGATION PLAN 14 LA-4.02 0/12-13-2013 IRRIGATION PLAN 15 LA-4.03 0/12-13-2013 IRRIGATION PLAN 16 LA-4.04 0/12-13-2013 IRRIGATION PLAN 17 LA-4.05 0/12-13-2013 IRRIGATION SPECIFICATIONS, NOTES,& DETAILS CIVIL-PLANS 18 C-1 0/02-01-2013 OVERALL PLAN & NOTES 19 C-2 0/02-01-2013 GRADING-DRAINAGE PLAN A 20 C-3 0/02-01-2013 GRADING-DRAINAGE PLAN B 21 C-4 0/02-01-2013 GRADING-DRAINAGE PLAN C 22 C-5 0/02-01-2013 GRADING-DRAINAGE PLAN D 23 C-6 0/02-01-2013 MISCELLANEOUS SPECIFICATIONS 13 02 41 13 N/A SELECTIVE SITE DEMOLITION 14 310500 N/A COMMON WORK RESULTS FOR EARTHWORK 15 31 10 00 N/A SITE CLEARING 16 312000 N/A EARTH MOVING 17 321613 N/A CONCRETE SIDEWALK, CURB,AND CURB&GUTTER 18 33 40 00 N/A STORM DRAINAGE UTILITIES BID NO:2014-093-SR CITYOF MIAMI BEACH /VdA.A,'1±BE,ACH DUE DATE:FEB 10,2013 77 A NDIX C Required Forms for Bid Submittal Notes A tachmen s be(ow'only apply if the ad�acen�box w checked) ❑x ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-2: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-3a Statement Of Compliance: Davis Bacon Wages MIAMMEACH BID NO:2014-093-SR CITYOF MIAMI BEACH tdvk[AM BSACH DUE DATE: FEB 10,2013 73 ' I C-1 ® 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:2014-093-SR CITYOF MIAMI BEACH f ',� ,`i BEACH DUE DATE: FEB 10,2013 79 G-1 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:2014-093-SR CITYOF MIAMI BEACH 0 JVVXW BEACH DUE DATE: FEB 10,2013 80 C'2 ❑ 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:2014-093-SR CITYOF MIAMI BEACH ,111,'011 BEACH DUE DATE: FEB 10,2013 81 C-3 ❑ 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:2014-093-SR CITYOF MIAMI BEACH L Nor Nt1A M1 BEACH DUE DATE: FEB 10,2013 82 1, I A NDIX D Required Farms (Post-Award) ATTACHMENT D-1: Form of Performance Bond ATTACHMENT D-2: Form of Payment Bond ATTACHMENT D-3: Certificate of Corporate Principle ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT D-5: Certificate of Substantial Completion ATTACHMENT D-6: Final Certificate of Payment ATTACHMENT D-7: Form of Final Receipt .......... N= _= M .Ami BID NO:2014-093-SR CITYOF MIAMI BEACH ;Ad :,%A1BEAC DICE DATE: FEB 10,2013 83 D-1 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:2014-093-SR CITYOF MIAMI BEACH [ All-,M1 BEACH DUE DATE: FEB 10,2013 84 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:2014-093-SR CITYOF MIAMI BEACH l NM„AIBEAC DUE DATE: FEB 10,2013 85 D-2 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 non-payment. 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:2014-093-SR CITYOF MIAMI BEACH RANN�0 BEACH DUE DATE: FEB 10,2013 86 D-2 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 , 2d IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2014-093-SR CITYOF MIAMI BEACH NM Ah,,VBEACH DUE DATE: FEB 10,2013 87 D®3 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , 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:2014-093-SR CITYOF MIAMI BEACH ;(ANA:.`•B DUE DATE: FEB 10,2013 88 D-4 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. 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 BID NO:2014-093-SR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: FEB 10,2013 89 D-4 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:2014093-SR CITYOF MIAMI BEACH MdANVBEACH DUE DATE: FEB 10,2013 90 D-5 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 complete 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 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. BID NO:2014-093-SR CITYOF MIAMI BEACH M!A Ali BEAC1- DUE DATE: FEB 10,2013 91 D-5 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:2014-093-SR CITYOF MIAMI BEACH NAI N, !BEACH DUE DATE:FEB 10,2013 92 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRAC T 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 By Contract Administrator Date BID NO:2014-093-SR CITYOF MIAMI BEACH 1 NVr?,NIIBEACH DUE DATE: FEB 10,2013 93 D-7 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:2014-093-SR CITYOF MIAMI BEACH JY, M„8 (-; DUE DATE: FEB 10,2013 94 A NDIX Sample contract MIAMIBEACH BID NO:2014-093-SR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: FEB 10,2013 95 SAMPLE CONTRACT: NOTE This`Sample Contract_is for mformationar purposes only The Co of the contract may change based o the best interests of the City: 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 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 four hundred and eighty (480) 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. BID NO:2014-093-SR CITYOF MIAMI BEACH "��IA�''+.iBEACH DUE DATE:FEB 10,2013 96 i 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. BID NO:2014-093-SR CITYOF MIAMI BEACH 1 M1, !101 BEACH DUE DATE: FEB 10,2013 97 [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. 4.3.4 Damage to another contractor not remedied. BID NO:2014-093-SR CITYOF MIAMI BEACH M NAINVAI BEACH DUE DATE: FEB 10,2013 98 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 P Y Y Y 9 9 written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined 'herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO:2014-093-SR CITYOF MIAMI BEACH Lb IvAd h,;V1BEACH DUE DATE: FEB 10,2013 99 I 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Managernent 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director BID NO:2014-093-SR CITYOF MIAMI BEACH [ N;A.," d BEACH DUE DATE: FEB 10,2013 100 With copies toe City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 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. BID NO:2014-093-SR CITYOF MIAMI BEACH NAJANV BEACH DUE DATE: FEB 10,2013 101 `- 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. BID NO:2014-093-SR CITYOF MIAMI BEACH �`�Y+,�AN10BE CH DUE DATE: FEB 10,2013 102 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Clerk Mayor BID NO:2014-093-SR CITYOF MIAMI BEACH NAIA,'Ad BEA C H DUE DATE: FEB 10,2013 103 t)�4 �C. G.� �x1 a s ` ; �. • • • •• • i • �r • • fl f IT �— — - a5ng� •n Y,K 1 �s�f ?i • � • • • �_ i �i� '• • • ,. �'� ,.>�.�•, r �t a _ is a 4� a "°V,r •�.\ �� Yom. '� }.1 k r� r t� 'i �` f �'r i�a;- 7- a..0. 7+ y ��1�� �s•7�� F f E F 3 tii. kt4�„a fp. 4 r 3 i fi Table of Contents Tableof Contents.....................................................................................................................................1 IntroductionLetter...................................................................................................................................3 Identification .......................................................................................... ...............................................6 About Us .......................................................................................................................8 .............................. Structure................................................................................................................................................11 Experience...........................................................................................................................................13 References...........................................................................................................................................16 Resumes................................................................................................................................................18 Licenses.................................................................................................................................................25 BidPrice........................................................................................................................................................ ExecutedBid Form................................................................................................................................. ATTACHMENTS & BID FORMS................................................................................................................... �l February 10, 2014 Sandra M. Rico Senior Procurement Specialist Procurement Division City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Ms. Rico, Superior Landscaping & Lawn Service, Inc appreciate the opportunity to present this proposal for the South Pointe Park Landscape Remediation project. The extensive experience that our company brings to this project will build upon the history of South Pointe Park. Formed in 1998, Superior Landscaping & Lawn Service, Inc has provided on-point landscaping services for many quality municipalities, property management companies and historical residences. We pride ourselves in having successfully completed many challenging contracts that cover a full spectrum of services such as landscape & hardscape maintenance, arbor care, irrigation repairs and maintenance, pesticide and insecticide control, and pre- and post storm preparation and restoration services. Our company's mission statement is to exceed customer's expectations with a 'service-first' attitude while forming a lifelong company-client relationship that is committed and mutually beneficial. Our service teams are bilingual, friendly and knowledgeable. Most of our employees have dedicated their services to our company and customer base for over ten years. It is with the same loyalty and dedication that our team members will provide services to our customers. 3 ' Fully licensed, insured and bonded, Superior Landscaping & Lawn Service, Inc. is capable of handling The largest contracts. Our administrative and financial personnel and advisors constantly report, analyze and interpret data in order to guide the company and its stakeholders in the most fiscally sound manner. The following pages represent the commitment that Superior Landscaping & Lawn Service, Inc. will have in providing professional, qualify service at South Pointe Park. Our company and its team will deliver friendly, customer-oriented services on a consistent basis. We welcome your suggestions on how we can best meet the needs of the City of Miami Beach and look forward to working with you on this endeavor. Orlando Otero Superior Landscaping & Lawn Service, Inc. 4 - Superior Landscaping & Lawn Service, Inc. Name of Bidder 2200 NW 23rd Avenue Miami, Florida 33142 Address of submitting bidder superiandscape@bellsouth.net Email Address: 305-634-0717 /305-634-0744 Phone Number and Facsimile 65-0838100 Federal Tax Identification Corporation Type of Company f. Signature of Authorized Of igerb"�' Orlando Otero Printed Name President Title of Authorized Officer 2/18/2014 Date ®f Signature 6 gY.;sT.a�Y N'.5'6S1t1'eQRT "[f'il1Q �3' r s •F2r � , s _• s .} BEY H ti•r r 3}r 0 S 4 T t ? y `1,•'i�1'a1, sg' f Y 3 y x a s x Y yak r� Experience Since in 1998, Superior Landscaping & Lawn Service, Inc. has been creating landscape solutions for clients throughout the State of Florida. The owners, Orlando Otero and Maria Valdes, began their business as a sole proprietorship over twenty years ago with a vision to create a company that would p rovide excellent service to their customers as well as create a welcoming and creative atmosphere for its employees. !f`r Years of experience, discipline andf Y hard work have shaped a complete - " landscaping and lawn maintenance service company a n Y can -, M ,y accommodate projects of any size. s,ti •ems.- Throughout decades of exceptional x performance and sound professional practices, the company has been exceeding the needs of its customers by providing the highest quality of services in the industry, establishing itself as one of the leading landscaping companies in South Florida. 8 ' One of South Florida's leading landscape contractors, Superior Landscaping & Lawn Service, Inc. has provided maintenance solutions to South Florida's elite residential, commercial and government properties. Our team of experts is trained to develop quality plans to provide a full menu of services in order to satisfy our customer's needs. We are fully licensed, insured and bonded to provide landscape & irrigation system installations and maintenance, fertilizer, pesticide and herbicide treatment plans, arbor services and pre-preparation and post-storm recovery. The company's influence stretches beyond Miami to include commercial and municipal accounts located in Broward, Palm Beach, Lee, Collier & Sarasota counties. 9 •r t Structure Superior Landscaping & Lawn Service, Inc is a legal corporation registered in the State of Florida. Owned and operated by Orlando Otero and Maria Valdes, the company employs over 150 team members in the operations, administrative and business development departments. Our company teams are organized as follows: Executive Management Orlando Otero, President and Chief Executive Officer Maria Valdes, Treasurer and Chief Administrative Officer Betsy Quevedo, Financial Controller Operations Management Lisandro Iglesias, Construction Division Manager Beatriz Gerdts, Maintenance Division Manager Daniel Ackenbrack, Certified Pest Control Operator Bernard Levy, Certified Plumber Account and Project Managers Jesus Acosta, Construction Division, Irrigation Specialist Daniel Roque, Maintenance Division Jorge Arroyo, Maintenance Division Joel Langaney, Maintenance Division, ISA Certified Arborist, Horticulturist Nelson Quintanilla, Construction Division Superintendent Administrative Office Caridad Rodriguez, Assistant Financial Controller Juan Vicario, Procurement Manager Patricia Garcia, Receptionist Business Development Office John McCarty, III, Director of Business Development Luis Cruz, Business Developer, Superintendent Jesenia Otero, Estimator 11 , ' c o. N .CD C. p. C' �.. �..,CD•, p.. .;• fD O O. N' . IC3 n:- N o O. lD _ an '. cm,0 CD N CD N O. ow 0 3 3Z °' -, n L CD. no: �:, o CD oevi rN N C » �. . N �. 2:o: CD. o M CD 'cD N ty. CD c; 'O cc Of: tC:.N; to CD. CD O CD .c O $0 W.W.'-CD- M,'-1 Q fD A. N.. -+.•.=-_ - s n :..o.;o.. C Cn OW,0 d,� A�N' O N•: O.. 7 p 7.:D'- p..O. 0 co� .7 CZ rt O O.: O CD W a,n cD c y o-G� !2.0 z N:y C3.. rn C H H � 1 '•r y F i } r 7-t 4 rz k t Y, '3• t I 6t 5 y rY t { § y !fi Sa $� �2s4 5 ,e ffi13'p aD a 4 t YfytF F}Y C & 1 1 kt r $ J LISANDRO IGLESIAS Construction Division Manager PROFESSIONAL EXPERIENCE Superior Landscaping&Lawn Service,Inc. January 2007-present Construction Division Manager • Manage,more than 800 thousand dollars in commercial accounts • Provide customer service to clients • Produce monthly schedules for landscape crews • Produce monthly schedules for water trucks division • Sell additional work and schedule billable enhancements • Purchasing of miscellaneous materials,inventory • Employee training-Application,safety and disposal. DHL(Ft.Lauderdale&Miami) January 2004—January 2007 Manager • Manage Truck Routes For:Over 40 trucks route and more than 100 commercial accounts • Package Tracking • Control Truck inventory • Head safety Meetings • Maintain employee uniform supply • Provide fast and reliable services that exceeded customer expectations M.C.E.S.C.Adult Day Care June 2000—May 2004 Transportation Coordinator • Produced schedules for drivers to meet budgeted hours • Customer relations • Employee safety Meetings,trucks Inventories applications • Maintained vehicle inventory • Trained drivers for CPR Courses City of New Jersey Table to Table Org January 1994—June 2000 This is a non-profit organization dedicated to pick up food and clothing for the homeless • Responsible for receiving and coordinating all calls for food deliveries • With only 3 trucks we managed to feed 4000 people a day • Managed/Planned auctions for fundraising • Coordinated meetings with the City • Created activities for the organization. EDUCATION High School Diploma CDL License-Class A.P. Work zone Traffic Control:Intermediate Level OSHA 30-hour Certificate 18 Join T.McCarthy III Business Developer PROFESSIONAL EXPERIENCE Superior Landscaping&Lawn Service,Inc. April 2010-present Business Developer • Responsibilities include business development&marketing • All industry related networking • Customer relationship forging and retention,client relations, • Project estimating including development,cost and profit analyses • Proposal bid preparation and presentation • Contract,change order and subcontract negotiation,closure and management • Production package preparation,implementation and administration • Assist in the training and management of the estimating staff Vila&Son Landscaping Corporation June 2006—April 2009 Business Development Sales/Estimating Manager,PM • Responsibilities included business development,marketing • All industry related networking • Customer relationship forging and retention,client relations, • Project estimating including development,cost and profit analyses • Proposal bid preparation and presentation • Contract,change order and subcontract negotiation,closure and management • Production package preparation,implementation and administration • Assisted in the training and management of the estimating staff • Territories ercompassed Broward,Monroe&Dade Counties • Contributed to the companies'branches in Ft Myers,West Palm Beach and Orlando Smallwood Design Group/Smallwood Landscape,Inc March 2005—June 2006 Consultant • Consultant to Sales development and estimating cost and profit analyses and consulting services provided to Ms.Joann Smallwood,primarily in Naples,FL. Arazoza Brothers,Corporation March 2002—March 2005 Chief Landscape Estimator,Business Development,and PM • Responsibilities included business development,marketing • All industry related networking,customer relationship forging and retention • Client relations • Project estimating including development,cost and profit analyses • Proposal bid preparation and presentation • Contract,change order and subcontract negotiation-Closure and management • Production package preparation-Implementation and administration • Assisted in the training and management of the company's estimating and sale's force • Territories encompassed South Florida. �'19 Stiles Corporation March 2001—Mar 2002 Commercial Landscape Estimator, Sales Representative and Purchaser • Responsibilities included business development • All industry related networking • Project estimating including cost and profit analyses • Proposal bid preparation and presentation • Contract,change order and subcontract negotiation • Closure and management • Production package preparation,implementation and administration • Purchasing of subcontracts • Territories encompassed South Florida. Chapel Valley Landscape Company,Dulles Virginia/Woodbine Maryland Dec 1999—March 2001 Commercial Landscape Estimator, Sales Representative,PM • Responsibilities included business development,marketing • All industry related networking • Customer relationship forging and retention,client relations • Project estimating including cost and profit analyses • Proposal bid preparation and presentation • Contract,change order and subcontract negotiation,closure and management • Production package preparation,implementation and administration • Purchasing of subcontracts and hard goods. Ruppert Landscape Company,Gainesville Virginia and Ashton Maryland Dec 1993 March 1999 Commercial Landscape Estimator, Sales Rep,PM,Purchaser • Responsibilities included project estimating including development • Cost and profit analyses, • Proposal bid preparation and submission • Contract,change order and subcontract negotiation • Closure and management • Production package preparation,implementation and administration • Purchasing of subcontracts • Territories included metropolitan Washington D.C.and all adjoining suburbs,National and International EDUCATION Montgomery College,Takoma Park Maryland Majors in Business and Psychology 1984 SKILLS MS Word and MS Excel QuickBooks,MS Word,MS Excel,MS PowerPoint,MS Publisher,MS Outlook,MS Project,Primavera Fluent in English and Spanish Luis F. Cruz 20 1021 So. Park Rd. Unit 310 Cell:786.448.5289 Hollywood Fl. 33021 E-mail: Icruz @superiorlandcaping.com Business Development- Senior Estimator—Operations Manager-Project Management Entrepreneurial-minded, creative, and highly qualified senior executive with consistent success in starting, building, growing, and improving the profitability, performance, and value of companies. Highly competitive, experienced planner, leader, and specialist at identifying and capturing business opportunities with extensive experience in positioning companies or departments for the next level of growth. With established morals, ethics, and negotiation skills, I bring over 15 years of distinguished performance in the construction industry. Professional Strengths Strategic Planning Organizational Development Strategic Partnership Executive Development Entrepreneurial Leadership Business Ethics Business Development Corporate Brand Development Project Management Business-to-Business (B2B) Client Relationship Management Market Research Sales&Marketing Strategies Public&Media Relations Networking Career Highlights Increased the company's annual work revenue nearly 300% from $243M a year in 2011 to $8.7 in 14 months. Established a Joint Venture with a larger General Contractor to allow us to competitively bid larger projects throughout the state of Florida. Took the business from startup to full-scale operation. Implemented standard and procedure guidelines to support rapid growth and maximum profitability within two years. Professional Experience Superior Landscape&Lawn Service Miami,FL Senior Protect Manager/Superintendent August 2013—Present • Led Project Team,from program planning and conceptual design, project estimating, contract negotiation, contract award,through construction. • Hired and managed consultants. Established and monitored construction schedules, contract conformance,quality control, and safety procedures during construction. • Coordinated with internal departments and keeping residents informed. 21 Developed efficient site utilization plan,which enhanced productivity,security and the flow of work to reduced problems, conflicts, cost,and schedule. * Construction planning using advanced schedule techniques,budget monitoring and quality control. Developed safety standards implemented during construction LEGO CONSTRUCTION CO. Miami,FL Senior Estimator/Business Development February 2012—August 2013 • Responsible for all estimating in the company, prepare cost estimates and solicitations for hard bid, negotiate projects, and sole source work. • Devise and execute a growth strategy that is focused on team building, efficient resource allocation, and technology innovation, resulting in sustaining a revenue growth from$2.5M in 2011,to $3.8 in 2012 and currently$43M in the first six months of 2013. • Train and develop several employees to advance their skills and knowledge in Construction. • Business Development and market strategies to ensure business growth for the next three yea rs. • Established a Joint Venture with a larger General Contractor to allow us to competitively bid larger projects throughout the state of Florida. • Acquired and established a business-to-business mentoring program within the Federal Government. ZURC ARCHITECTS &BUILDERS,INC. Chicago, IL Vice President of Operation/Marketing Director April 2009—December 2012 • Took the business from startup to full-scale operation. Hired 6 employees and implemented standard procedures/guidelines (standard contract language, operational budgets, client contracts) to support rapid growth and maximum profitability within 2 years. • Established a highly effective marketing campaign in the private and public sectors. • Was responsible for the day-to-day operations,outline work plans, assign duties,schedules,and coordinate the details of all projects and organizational goals. • Managed all larger scale projects,as well as oversee and direct Managers/Superintendents on mid size projects to ensure the service and the product met the client's expectations and were on budget. PRESBYTERIAN HOMES Evanston,IL Owners Representative/Senior Project Manager May 2003—April 2009 WILLIAM A.RANDOLPH,INC. Gurnee,IL Project Engineer—Project Manager April 2001—May 2003 TENG CONSTRUCTION Chicago,IL Project Engineer/Superintendent May 2000—April 2001 TURNER CONSTRUCTION Chicago,IL Field Engineer October 1997—December 1999 Language Skills English and Spanish Computer Skills 22 Expedition,Suretrak, Procore, Isqft,Onscreen, e-gordian,AutoCAD,Vectaworks,and Microsoft Office. Education Executive MBA, University of Miami Candidate December 2015 School of Continuing Studies—Management, Northwestern University,Chicago, IL Managing Global Teams and Foundations of Project Management Summer 2008—Spring 2009 Bachelor of Architecture, Illinois Institute of Technology, Chicago, IL Minor in Marketing and Construction Management December 1999 Boards&Memberships Board of Directors—Society of American Military Engineers South Florida Post Former Board of Director—Arquitectos Chicago Former President—Arquitectos Former Caption—Rebuilding Together Habitat for Humanity, Chicago Member—Society of American Military Engineers,YMCA Broward,Try a Tri Club Former Member—LSN, Chicago TO Club, Element Multi Sport Club Travel Africa,Canada, Ecuador, France,Germany,Great Britain, Italy,Mexico, Monaco,Spain and Switzerland 23 fi 1 l /{ 3 { '•.4 i • r a.S NI `l5a Licenses . Si 1h �h ti •ti 4 `•th 1 t S h, L, �t a t i Licenses 25 { I 000171 L®caQ usiness-T��c Re ei t 7� Mtam�F Dade County State of F1' a y i THIS4IS NOT A BILL DO NOT Y � X Kti�Iil�- t3USWESSNAjWE{LOCATION t # RECEIPT1`IO f } ;s w EXPIRES -SUPE i a tii, : RIOR LANDSCAPING&_LAWN SERVICHNC RENEWAL � �EPkTE ���`?3�0 2014 2200 NW 23 AVE 159385a MusE 6e displayed mare}qi builnesS MIAMI'FL i A t3T-°9? e•-W it r c Pursuant jo County Chapter SA=Art,9&t0 OWNER` SEC TYPE OF BUSINESS .,,., PAYMENT RECEIVED SuPdUdR' LANDSCAPING&LAWN SVC 213 SERVICE BUSINESS BY TAjZ,'OLEcT O INC $45.0"1/23/2b13 . .; [ Employees) 1 CREDIT CARD-1.3403759 Thrs f ocal ausine, Taz Receipt only confirms pay ant tthe Local Business Telx.The Race%pt is not a license, ; peinrt,or a c'ertfifcation of the holder s qualrfieahons,to do business HoL#gr must comply wdh any governmental or , 'nongovernmental regulatdry lam"i-and iequfremAis which apniy to the business The RECEIPT N0.above must be dfsplayeO on all commercial vehicles=�Mfamr=Dade Code Sec 6-216.*; i F i 4 For rmore lu ormatfad,*visit www.mlemidade.dov STATE OF FLORIDA __�, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4 S (850) 487-1355 CONS-TRU-CTION INDUSTRY.LICENS-ING BOARD 1940 -NORTH-XONROE STREET- . . TALLAHASSEE FL 323990783 LEVY, BERNARD A SUPERIOR 04 LANDSCAPING & LAWN SERVICE INC PLANTATION FL 33323 O FL;ORID'Ji .;: AC#':5 9.3 ..9 Congratulations! With this license you become one of the nearly one million � floridiaris licensed by the Department of Business and Professional Regulation. ;` RESSZONI4�I�': EGULATZON : ers,from Our.orbfgds!onals and businesses range from architects to yacht brok ;• c..... .:• ,,; : boxers to brbeque restaurants,and they keep Florida s economy strong. CFC 14 2 5 6 8 2:;: :, /:0 / 2 *12 8 0 0 3 2 91 e the do business in order to serve you better.: Every day�1v8 work to improve way we '" NG=CON'S C' ation about our services,please log onto www.m floridalicense.com. `CERTtFED = For inform y ula s that :tEVY;iy '�,,' r,;y': �.� r• �, .. � r ion about our divisions and the reg Lion BE L Theta bu'can find more information ore about the f °•SL7PERIOR• AiDS,CA 'y- Ate• ' y subscribe to department newsletters and learn m {• :4'�. Impabf you, .. .. ':r•: i =i Department's initiatives. O�Ir#nission,at the Department is:License Efficlen.0 Regulate Fairly.We ;• ,; { : constantly strive to serve you better so that you can serve your customers. S;:r:� :4gZ11TIFIED ,aide=?':t�Ye ovisio?�at y4.69 Fs• 'hank you for doing business in Florida,and congratulations on yournew lieensel szpi.14oa dat.,;AUG;3i,;.2a 4 z � � q'9ss DETACH HERE MENEMc , _ A y STATE:O ,.FLOIDA : ;'. ;::,> .• -C , EGULATION bNPL fi 7Sfl NE P2OFSI D EP RVIENT "QF`" DTS SINO.- BR •IN7LSTRY S EQ x12070600955 RT _ LICENSE NBR I-. 4. . AI 2- ;.. z{.r . _ .i. i't y�= C 0TO•: O�2tAL IN ::�.11'aiilt @t�. •-�,•}e�Valli",..i. •.`•-i'.- '�s...,:.• : •;: '`s,.����'•''• +.� ';'Lr ...^:i -7j ..the?p of t Under ovz s ions Chap 31 2014 :: , _.;•.;,: :. Viz. XP iration date: AUG • : 4 v. ;:Z'.i :�.}ry;.r+:is^'d'��.tif,t:t'? -.s j••'a�'%:a�.�; •.}•a �: ':-. ' :;' y L ' BERNARD A ERVICE=t:IH 'SUPERIOR T;ATDSC1ir ?INC & SAWN..5. r 12 0 4 l ' NW 2.0• STREET` PLANTATION FL 33323 ',,' `) =y'.: r• •,4•.f,t r.. `C _'i'•'ri. r2 s�: a_ :i :,�•- l., ads ( f: § •T` .•` ).•�• S 1Y O KEN LAW S. •-'? i;Y (' `• `i� bi .•' .( •a:.C. 'i rfi t• r'..:p .':Yi'' �;' - •� 't C`,:.e}::r• `� ?r i;)' ;r - ::SCQTT SECRE'T'ARY RACK' DISPLA AS RE4UiRED'BY LAV11 .. ...._..... _ _.... . ............. _: —' _ Client#:71430 SUPLA =IMMA �4�'C3RDw CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MEND CONFERS NO RIGHTS UPON THE CERTIFICATE H ALTER THE COVERAGE AFFORDED<3Y THE POLICIES IS CERTIFICATE DOES NOT.AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CO HTLDER A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:if the certificate holder is an ADDITIONAL INSURED,t an enldorsement.A statement on this certificate does of conifer rights tto the the terms and conditions of the policy,certain policies may require -certificate holder in lieu of such endorsements). CONTACT Michelle A.Kalicharan PRODUCER NAhiE: 239 213-2852 HONE 239 435-7143 a/C,Na Gulfshore Insurance-Naples AIC No Ext: E-MAIL mkalicharan @gulfShoreinsurance.com 4100 Goodlette Road North ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC Naples,FL 341 03-3303 239 261=3645 INSURER A.Amerisure Insurance Company INSURER B: INSURED — _ Superior Landscaping&Lawn Service,Inc INSURER c 2200 NW 23rd Ave INSURER 13: Miami,FL 33142 INSURER E: _ -._. INSURER F REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: NAMED VE FORTH THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE GONDlO-i-i ION HAVEBEEN ISSUED TO CONTRACT THE INSURED DOCUMENT WITH RESPECT ETO POLICY WHICH ET IS INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE MAY DEED BEEN ICIES PAID IBCLAIMS.EIN IS SUBJECT TO ALL THE TERM , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS H POLICY EFF POLICY EXP LIMITS _ ADDLSUB POLICY NUMBER {�AMIDDIYYYY MM?DDIYYYY -- �QQ'Q�Q LTRR TYPE OF INSURANCE INSR 4lVD 11/07/2013 12/01/201 EACH OCCURRENCE .$1.,000,000 GENERAL LIABILITY GL2Q90122 DAMAGE TO RENTED PREMISES Ea occurrence $300,000 X COMMERCIAL GENERAL LIABILITY MED EXP{Any one person} $10,000 CLAIMS-MADE a OCCUR PERSONAL&ADV INJURY _ $2,000,000 GENERAL AGGREGATE _ $2,000,000 PRODUCTS-COMPIOP AGG 52,040,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JE' n L0C — r COMBINED SINGLE LIR41T S1,000,000 CA2090120 11,+0712013 1201/201 Ea accident A AUTOMOBILE LIABILITY BODILY INJURY(Per Person) $ X ANY AUTO BODILY INJURY per accident) $ ALL OWNED SCHEDULED PROPERTY DAMAGE S AUTOS AUTOS Per accident NON-OWNED $ x AUTOS A UMBRELLA LIAS X occuR CU2090123 11?07!2013 12101/201 EACH OCCURRENCE 54 QQQ 040 X AGGREGATE $4 000,000 EXCESS LIAR _ CLAIMS-MADE $ DED X RETENTION$O tiVC STATU- WORKERS COMPENSATION WC2090344 12/01/2013 1201/201 X T ER A AND EMPLOYERS'LIABILITY YIN E.L EACH ACCIDENT JY $110001000 O FICERIMEMBOR EXCLUDED?ECUTIVE�`I NIA E.L.DISEASE-EA EMPLOYEE $1,000 OOC) (mandatory In NH) J E.L.DISEASE.POLICY LIMIT $1,0OQ,44{�— Ifyes,describe undar —� - DESCRIPTION OF OPERATIONS below — { DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks schedule,If more space Is required) • CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED OOLICIES BL CBE CELL D BEFOR THE EXPIRATION DATE THEREOF, IN Sal 1 1ple ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � /I- 4'Aog�� __. O 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2016105) 1 01`1 The ACORD name and logo are registered marks of ACORD JEC #S593726/M693218 r STATE OF FLORIDA STATE OF FLORIDA department of glgriculturt dub gCongumer.4Erbices 0e attntent Of £ ricu[ture an toliwnter aerbiceg BUREAU Of ENTOMOLOGY&PEST CONTROL BUREAU OF ENTOyIQIOCf•Y-&=PEST CONTROL Y; _ DANIEL H ACKENBRAtK : Date =.File No Y _: }.Fxpires June 24,2013 ,.June 1,2014 ` CERTIFIED PES'TCONTRpL;OPERATQIt THE CERTIFIED,PEST�CONS' QT UPERA-1 l;Ii�1�!IED BELOW HAS REGISTERED UNI)E PRb�TISIONS OF HAP 1; 82 FOR THE JF7250 PERIOD EXPIRING.June i"• Q14 ,' '= HAS PA THE FEE REQItIRED$Y C�H4PT1~IL 482 FOR THE PERIOD EXPIRING June 1,2014 DANIEL H ACI:ENBRACIG 'r':-�Gene'r-afHousehold Pest and '_'_ Rodcnt Control 4250 N.A I A #704 ' CO`-WISSIONER FORT PIERCE,FL 34949 = _ �-. .Lai and Ornamental ermite and Other WDO Wallet Card-Fold Here Control ` s t BUREAU OF ENTOMOLOGY&PEST CONTROL 3125 ADAM H.PUTNAAM,,-C-LO~MMISSIONER 1 TALLAHASSEE,SSEESSEE, BLVD,SUITE N 32399-165Q FLORIDA F 1• U„�VOR U v; W,nA, U j Up QU on?nn��ninln nfi'�Folnn?lnlnlnl�.%1n1�AnFdT��l�l�-�nr-alZ� �� �-� �� .;,;,,,,,�::��� •tip••-..,r ��C .s ,e •�.. -�•:r?:iii - ��F d wall Wb 40 40P 40 C A r ; r ! !! r ! I�[a�)(G.• "��ap • •.• • f ! ! S s � 0 oil y 40 40 ko •- r ! r ��� r r ��� r r r r ^ rf • � �•� ••� r �j S LL 002546 :t .s� ♦._:r l s �' �s5� r yp6.px•+?1n L®gal Eusess; 'ax R eei4 ,, t» K-,_a 4f.ry��Y�3� �.aY�r�,t a+fiM ti}:� Fitt,• Mlami b.d County; Sfia�te of Florlda tax a . THIS IS NOT A BILL DO NOT P/�Y taw . `tai`�r':2'=S i�sP.�T s� ".. BUSINES&NAME/I,OCATION i�ECEt�T NO EXPIRES •gyp,., �- SUPERIOR LAI�IDSCl4PING&LAllUN SERVICE l( C RENEVAI. SEPTEMBE " "30 2014 2200 NUIf 23 AVE ' ' 54540 t �.� �� Mint be displayed at place of business MIAMI�L 33142 t z�a ,Y Pursuant to County?Code Ciiaptec 8A"Arty;8&70 r z )VIMEH. SEC:TYPE OR�13U,SINESS_s PAYhIIENT RECEIVED i sup ERR LANDSCAPING&LAWN SVZ 213 PEST CONTROL SERVICE °BY Tai toLt:cTOR INC LC116183 4 $45.00;'Q7/23/2013 Empfayee(s) t - .CR DITCARQ-13-003759 } This Local Business Tax Recei t only confirms pa ent of the Local Business Tax.The Rece Cis hota,license" ' ermiL of a certification of the hotder a quetifica;M-4,16'do business.Holder must comply with any governmental or nongoueinmentalregulatory lawsand regwrements which'apply,lo the business Tlie RECEIPT No,above muss be displayed on all commercial vehicles'Miamj Dade Code Sec 8a 276?, Edi more information,visit www.miamidadc gov/taxcollector i i I i L O Om1 � ®® ® w L w .0 � _� w O ® C: z o ^ YVJ 5 V Lo 45 rn w co r� LO p z U) N per.. Q T �r M CJ m z z rn L) N; g �v9 m z U) Old O OwX� O Oi'' to w a �0°: OQ c w ,< (n U)CL >_ cis 0 Wit cn e` 5= Njg -E � pA cu m ^ y .4. � M w w Lau). f.i C Y ,, me.0 LO to cC N o L Q 0 ® = o o d co c 0 r N L � ® l� 0 N p N 0 od 0 C 00 0 0 J_ LO O E OOVC� CO 5° 60fA�°e Do° co 10-0 o LO w 0 0 .. cn U w w co w > F- C] X aQ CC �❑ Qz O A ,U U ie Q w Q¢ Z) 03 J Z "' °" O p °a t's <( w X CG o c (1) 9 I--p O J F_ ' 'J O LO o F-�>Q OO p 0 0 0 02 CO � q I _ = September 13,2012 L s BROWARD COUNTY TREE TRIMMER LICENSE .,� STANDARDS FOR MAINTAINING YOUR BR0WARD COUNTY TREE TRIMMER LICENSE. L The following shall be available for inspection at every work site where tree trimming is being carried out: e A copy of the company's Broward County Tree Trimmer license . Proof of the company's current insurance coverage At least one person should possess a current Tree Trimmer training card(Class B licenses only). Current training cards reflect that training was completed within s the past two 2 ears. o Picture identification d issued by a government entity or agency 2. At least one trained person must be available at every work site where tree trimming is being carried out. z a'. The company's Tree Trimmer license number small be prominently displayed on bout sides of vehicles used in tree trimming. 4. Tree trimmer license number must appear in ads offering tree trimming=and/or removal PP g b� services. Advertisements include business-cards,telephone directory advertisements, :f7 quotes for tree services, flyers and vehicles advertising tree services. 5. License holders shall ensure that all employees engaged in tree trimming are adequately trained regarding safety procedures in accordance with applicable federal and state law . T+ including the federal Occupational Saftey and Health Act of 1970(OSHA). G. Retraining is required before licenses can be renewed. Tree trimmer licenses are renewable `ya every two years. `T' ' 7. Each license holder shall notify the County, in writing, if there is a change in any of the 4y standards required for licensure. B _.WARD C1.Ass: B r��4s i . • TREE TRIMMER �.� 'ENSE 3; 1l•LId: B-383 E,.PIRES: 08/31/2014 SERVICE,FNC 23110%W 23 AVL''NUR MIAMI,rt.33141 TRAIIcED EMPLQYFE. JULIO VALDES 204-4A(Rev.6109)PC200940360 WNW ZZ FROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1,2013 THROUGH SEPTEMBER 30,2014 �s DBASUPERIOR LANDSCAPING & LAWN �eoetpt'��LAWN PA INTEN_ANCE/LANDS CAP I BuMness Name:SERVICE INC Business Type:(LAWN MAINTENANCE/LANDSCAPF�} 7 i 1 Owner Name:ORLANDO OTERO Business,Opened:04/26/2002 Business Location:2200 INN 23 AVE State/County/Cert/Peg: !� MIAMI DADE COUNTY Exemption Code: f Business Phone:305-634-0717 � s II i Rooms Seats Employees Machines Professionals 30 For Vending Business Only i [Numberof Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid r 150.00 0.00 d.00 0.00 0.00 0.00 150.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS L - THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning I WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when i the business is sold, business name has changed or you have moved the ' business location.This receipt does not indicate that the business is legal or that ; it is in compliance with State or local laws and regulations. i Mailing,Address: ORLANDO OTERO Re.dei.pt #t'WW-12-00091230 I PO BOX 35-0095 Paid 07/23/2013 150.00 MIAMI, FI, 33142 l it � I ! r = 2013 e 2014 � I EROWARD COUNn" LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 i VALID OCTOBER 1,2013 THROUGH SEPTEMBER 3o,20-14 D.BA: Receipt#:324-10769 a�USirt� S l�c`�179e:SUPERIOR LANDSCAPING & LAWN Business T e:LAWN MAINTEI�AdCE/LANDSCAP 1 SERVICE INC yp (LAWN MAINTENANCE/LANDSC ) fowner Name:ORL?UNDO OTERO Business Opened:04/26/2002 ' Business Location:2200 NW 23 AVE State/County/Cen'/Reg: MIAMI DADE COUNTY Exemption Code: BUSiness Phone:305-634-0717 i i Rooms Seats Employees Machines Professionals 30 i For Vending Business Only i Nuinber of Machines: Vending Type: ' Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid -150.001 0.00 0.00 0.00 0.00 0.00 150.00 _ j i i i THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of dolno business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when ! the business is sold, business name has changed or you have moved the i business location. This receipt does not indicate that the business is legal or that ; it is in compliance with State or local laws and regulations. ' Mailing Address: ORLANDO OTERO Receiiat �TAWW-12-00091230 PO BOX 35-0095 Paid 07/23/2013 750;00 MIAMI, FI, 331,42 ; . I 2013 a 2014 D'�• O• oo' D ao ; X pa : 3 •to - 0 C11. j•.co Z o • G CA. •, ' ru r Z. z . . Ism.: - .m•�� ..a Jul •- I a..N70 ' ' C, X a. a 2 '� . . i� •;�• :� a�: � ..�` !_ r-.,:C � •�, C ' c� rn Pr w O !i h• O O-O O J� ...., ct ap' r � `'{ygE-♦qr {'; Y �i &{j i� 4�,F ) •b k,n ,�'^ �x ¢r _ xf] ..... q'r• ti.. t y 'E y 7- r. A 1 4{M• ':,:�, Il�it. fi �.la (.�� A f7�.xM1���•tl}sl �A 4�� I! �i 1Y� t+, 3 i.'^... �.+. .+-t 7 '�. t `. • CITY OF MIAMI BEACH CERTIFICATE OF USE, ANNUAL FIRE FEE, AND BUSINESS TAX RECEIPT 1700 Convention Center Drive Miami Beach, Florida 33139-1819 TRADE NAME:_ SUPERIOR LANDSCAPING&LAWN RECEIPT NUMBER: RL-96219454 IN CARE 0 ORLANDO OTERO-PRES Beginning i s 10101!2013 t4 j�' r!' 22Q0 NW 23RDA17E ;}t: i t'J i .'t` p• 1 t+ ADDRESS 4a { i f, x rtes 09f30l2014, MIAMI, FL 33142 r3 II k, r� tf z4.. . }0 i i Parce d, 02320 OA000 3 A penally`is imposed`for failure to keep this Rusinesss Tax Receipt - `TRADE ADDRESS: 1702 CONVENTION CENTER DR exhibited conspicuously at your place of business. Code Certificate of Use/Occupation A certificate of Use/Business Tax Receipt issued under this article 011200 LANDSCAPE MAINTENANCE does not waive or supersede other City laws,does not constitute City approval of a particular business activity and does not excuse the licensee from all other laws applicable to the licensee's business. This Receipt may be transferred: A.Within 30 days of a bonafide sale,otherwise a complete annual payment is due. B.To another location within the City if proper approvals and the Receipt are obtained prior to the opening of the new location. Additional Information CERTIFICATE OF USE 8888 PREVIOUS BALANCE $0.00 Lndscp Arc Nursry FF Y Landscape Maint FF Y i Storage Locations i I i {iF 1 t FROM: CITY OF MIAMI BEACH PRESORTED 1700 CONVENTION CENTER DRIVE FIRST CLASS MIAMI BEACH, FL 33139-1819 U.S.POSTAGE PAID MIAMI BEACH,FL PERMIT No 1525 ORLANDO OTERO PO BOX 350095 MIAMI, FL 33135 hill�i�lEniilli�lli�lil�ilslil a XS$.^kM v°'f'3, tc�'` *4.�'."•^`? � �,�.Y1� w�. �..-#i[i'k�,�� s-t. YY�# f. ,ys'�'' 1.. �$ �1��� lii -�� �.ai. -�` lP�i�x7rot"'T^�'ui.�! yam,-�,,,t'`}'rcv � � '�• - � 1 +ti ` �x.. l„l4-�F, '"�.+''�, �n.� r*, ra C) n O I O n ® t Ub f 1 . i• { rb a r� �..�. CD r-r iY C/l ev N NJ RIM ff �• C h"1) '� �� q 1 � � S ��d° � .,nom A c � � �\�jjAA�, f`.� x ��...v����c��r.. ��'-il'1 � t a�•��,,_ �a-+ � �� �,+�'!r "�a ��' .'iii ,,,�i�A ,{ ,�i' `,.•` .; �,k ..�ti-u.< 'i�'3U�":'�F� �' S,$�; � r S '•drS r •• /r�i r r' i1J! ••'iS ' •�fiJ. �• Y PRO r 1 • ••rSl. i'•��� 't K .i{��t•�J�. 1 'rip I •'r,i r l� N l•'.,. Yp .�)S. rr� ..`q 4 � y ti .•.�r - Cb CL l' `r F ...•,�.v Vii. F.4 �=' ..-. -. .��*' ''! •-�iG:� �����^ Vii.<r,^ - i r:>,`��i ;. •�2' a�?.lfi"t _ �yS 4e,"r�. .�ls _ .�:•:� :\�1y.,� _ .>» .;+y .�k 'y'�!;,+�Y� � .r i .5:..- * l V _ A99M ® l: Af`t C ••� r ..sue�' h � .tom`•-�� elf!/f/._•-� � `, •.�r, { .f Oi Arm CD r"J O. ; AdMh rb u � O I n •. ti '� � gt _ ->� ��ti ,>'y.[y`.\°t `•`%'��-" _ .%v:':v - `- IN s. _ .��pa�+?` i6i_'�+ .: 'd3%. V y��'��,• •y 3' '�� �� ;O� is -•1 � S' 3` �. ar _ �: ?� St. � yi jy :P rr� 4. � 4 . 4• V 1v ! 1 Y �l'Y�...� 1 C •.r � jr• � NIELSON,, RosENHAUS & ASSOCIATES { February 18,2014 Superior Landscaping&Lawn Service,Inc. 2200 NW 23 Avenue Miami,FL 33142 U. t RE: Superior Landscaping&Lawn Service, Inc. Statement of Bondability -Y To Whom It May Concern: f� This is to advise you that our office provides Bid, Performance, and Payment Bonds for Superior Landscaping & Lawn Service, Inc.Their surety is International Fidelity Insurance Company, which carries ' an A.M. Best Rating of A-VII and listed in the Department of the Treasury's Federal Register. i7 Based Upon normal and standard underwriting criteria at the time of the request, we should,be in a position to provide Performance and Payment Bonds for projects in excess of$10,000,000.00 for a single ^, size range and $35,000,000.00 in the aggregate. We obviously reserve the right to review final contractual documents, bond forms and obtain satisfactory evidence of funding prior to final commitment to issue bonds. Superior Landscaping& Lawn Service, Inc. is an excellent contractor and we hold them in highest regard. We feet extremely confident in our contractor and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued t only as a bonding reference requested by our respected client. L. If you should have any questions,please do not hesitate to give me a call. Very truly yours, R B . osenhaus,Attorney-in-Fact And Florida Resident Agent International Fidelity Insurance Company 4000 South 57th Avenue Suite 201 Lake Worth,FL 33463 P:561.432.5550 F:561.432.5442 STATE OF FLORIDA STATE OF FLORIDA 0cparhlltrtt of k yfaiiturt 1ttb Con6tulltr a-trb[ttjg e}F1�f11tfllf �F grettt[ttla'e IltlZl �01tiIUtllE1 Bt tCefa 13UREAU OF ENTOMOLOGY&PEST CONTROL BUREAU OFENTOMOLOGY c&PEST CONTROL SUPERIOR LANDSCAPING&LAWN SERVICE INC - Date File No. Expires 2200 NW 23RD AVE .duly 12,2013 313160603 April 30,2014 PEST CONTROL FIRM THE PEST CONTROL FIRM NAMED BELOW HAS REGISTERED JBI60603 UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING:April 30,2614 AT HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRIRG Apra[30,2014 220D NW 23RD AVE WANE,FL 33142 . I Signature SUPERIOR LANDSCAPING LAW SERVICE Lain and Ornamental P 0 BOX 35-0095 cbur~ttsstoalE� MIAMI,FL 33135 . • Wallet Card-Fold Hera BUREAU OF ENTOMOLOGY&PEST ON 3125 CONNBRBLVD,SUITE N ADAM H.PUTNAM,COMMISSIONER � TALLAHASSEE,FLORIDA 32399-1650 t ale fJ l 46 -i CL Q LrSJ.l' r �CD W m 1 O ° [,,'_,• o (l1 CO � Z -n p to; ® 0CC. D o t°rn m �_ z Q%O� `< z ta'�� C)C) ] y w�'C70 CD, Cn(n a c A0 DD, z a°iE ® G)0 rn —' D D x v Z Z oo 0 � O. D C) � o-0 o o n x zZ o Z m w cn ;o m x w (n Cn 0 �" A o w m rn Z jD <C �@ 0 cl) 0 0 rnm w cn 0) G1 CD mo N S N' '71 m �r X W cl _' w o O w Z w C) m W m C' (D (a (D ® m ca 93 Q (Q C m ti Sij p`9� It o o N f D m o�a us w � °I :-�. `a co C �r+ r® � W. O CD 0 L7 fn CD cu M CD c cn.C�,(p ® =: -n D Q ID r MOO CD M (n o Rl oni � oo CO OA o CD o(a a C C1 C p C C.O OO 0 0 (a `G ^1 m r Ll i. .v A R;x.. "T tt,. :1 1. v A!i;ltil ";P 7-z rn n x (D CJ W Ik" CD CD Z3 Moll ix CD 'A IN J.: CD IL w 'A A (D -7nl Ln 1> (D eT*t :3 (D n Mi. fn l W; U k u .,VAN (D CD (D 0 0 0� n _n G) pj 00 rq n J cu 0 Mf.Vl_lZll4 1:14",:�... p��17L PA !1: P�.%.,j A, 5. L. em 7!3%, 'Lg KI • �l -��rtt�ertt.D�•�g-ricitlture:�nb-c��rc� � � � Pesticide Cei•- tier 'er��te tlfication Office 1 Cowmer8grAppiicator License License#:'CM1b883 MEIGGS, BEST OR fi�OX . 26945 stiv 144TH CT . Cate Cries r MUZAMA,r-L 33032 :Issued: Au st 22;2p1 : ' Expires: .:.. :`.: Angst 31,2016 1 Sl turc f I.icensec 1ho zhw�r4a�tda,t;�ll ADAM H.PUTNAM,COMWSSTONER I ulcidc,� Ada Vu ' Pc Pr vLuons of Chuptu457.FS.inpmclrm and npPlp acaticM nse J I + � ,•• i ` e•t•° +� �l � did'' •� &� • 6 ,.• St;edB�®��� 4a8 �• ti � .tte,y0$� •tt t0� � i �y� � ;e•,e�� ;o•r .8F! .,+ �a Qe► !.�• i�1, • @�,�� ����-�/,� ¢♦ +bJ •' •.:-:•i c�a i•'a•v •i•••® ••aY •,i< ti p•1�al,0/• •e. � ••�.•: .•iU �� • e:.v Yr::• y:a,,.:l•%a; o. �:, •.•;•, ��•./„..,. 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I f 1��•J 111 a�••rI� tff. a�•r•JI 1+' t •••f /'• a��ffitJe lil t ♦ i/'r.•�.1.•� ,If ta::. a ,�1.::•• ♦ ,/ t.r •.. 11•a•.•�IIi�i is•�ei lI,•ti r•.i et.•!.ttii a•'�ta�.riri.'e i•.•`I�I a�r�a��i�1,��1 a•e•�:;ia•\i�•i:ri•�:� '..:•::i�.•a' :: ':• •:.a- r a•a. .���r���.�- •ta!i) •i• - ':�i at�l { - sr - veeCOUnfy Lee County Tax Collector Tax COW 001- 2480 Thompson Street Fort Myers, Florida 33901 S'rdteafEl°t\a� www.leete.com Tel:239.533.6000 Local Business Tax Account:1201802 Dear Business Owner Your 201.3-2014 Lee County Local Business Tax Receipt is attached below. The receipt.is non- regulatory and is issued using the information currently on file with our office. It does not signify compliance with zoning,health or other regulatory requirements nor is it an endorsement of work quality. Annual account renewal notices are mailed in August to the address of record at that time;to ensure delivery of your annual notice,mailing addresses may be updated online at www.leetc.com. If there is a change in the business name,ownership,physical location or if the business is being closed,please follow the instructions on_the back of this letter to transfer or to close the account. I hope you have a successful year. Lee County Tax Collector Detach and display bottom portion and keep upper portion for your records `,eeCOU�y LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2013 -2014 Tax Coll'16002- t02- ACCOUNT NUMBER: 1201802 ACCOUNT EXPIRES SEPTEMBER 30, 2014 slate of May engage in the business of.. PROFESSIONAL LANDSCAPING COMPANY Location 5740 ZIP DR The business and quali€ier on this Business Tax Receipt is FT MYERS FL 33905 "REGISTERED"in compliance with ordinance 08-08. THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY SUPERIOR LANDSCAPING&LAWN SERVICES INC LANGANEY JOEL THIS IS NOT A BILL-DO NOT PAY PO BOX 35 0095 MIAMI FL 33135-0095 PAID 332785-3-2 07/22/13 03:59:11 AZB 1 $50.00 "yeCoUryy Lee County Tax Collector Tax Co a toy° 2480 Thompson Street Fort Myers, Florida 33901 srdfeofFlot\a11 www.feetc.com Tel:239.533.6000 Local Business Tax Account:0803984 Dear Business Owner: Your 201.3-2094 Lee County Local Business Tax Receipt is attached below. The receipt is non- regulatory and is issued using the information currently on file with our office. It does not signify with compliance p h z oning,health or ocher regulatory requirements nor is it an endorsement of work quality. Annual account renewal notices are mailed in August to the address of record at that time;to ensure delivery f ry your annual notice,mailing addresses may be updated online at www.leetc.com. If there is a change in the business name,ownership,physical location or if the business is being closed,please follow the instructions on the back of this letter to transfer or to close the account. I hope you have a successful year. D: a Lee County Tax Collector Detach and display bottom portion and keep upper portion for your records CoUryfy LEE COUNTY LOCAL_BUSINESS TAX RECEIPT 2013 -2014 Tax Coll tor for ACCOUNT NUMBER: 0803984 ACCOUNT-EXPIRES SEPTEMBER 30, 2014 tfafe of F1oi`e May engage in the business of: Location CERTIFIED PLUMBING CONTRACTOR 5740 ZIP DR FT MYERS FL 33905 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY SUPERIOR LANDSCAPING&LAWN SERVICE INC LEVY BERNARD A THIS IS NOT A BILL-DO NOT PAY PO BOX 35-0095 MIAMI FL 33135 PAID 332785-3-1 07/22/13 03:59:10 AZB1 $50.00 I i Th' Safety B Health Tralinilig Center This is to certify that � JESUS ACOSTA Has satisfmorily completed the I MAINTENANCE OF TRAFFIC INTERDfEDIATE LEVEL TRAINING CODRSP Provider:OGI ! Date ComPleted: 511U20I0 RefreslierDate: 5!1312014 Instructor I i �1S r ! n E • t�a3r r ! A / �M t r .!• S ley e ti f I i r it 'Did Price i r �a I s fXq� a i THE AMERICAN INSTITUTE OF ARCHITECTS AIA ®ecurrent A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT VVE Superior Landscaping & Lawn Service,Inc. 2200 NW 23 Avenue Miami FL 33142 as Principal, hereinafter called the Principal, and International Fidelity Insurance-Company One Newark Center Newark NJ 07102-5207 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami 1700 Convention Center Drive Miami Beach FL 33139 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for South Point Park Landscape Remediation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and healed this 10th day of February 2014 a � Superior Landscaping &;Lavin S.ervicejnc. I � (Printipa} �� f f (Seal) Witness) By: �Q - e e� (T-It(e) International Fidelity Insurance Company (Surety) (Seal) ' 44 ac e, aynes U (witness) : � Atfamey-in-Fact Brett Rosenhaus (Tile) AIA DOCUMENT A310 a BID BOND 0 AIA 0 FEBRUARY 1970 ED.!THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 i I - %, � .1 % . �,-. I$-- ., � - k ." N-"k,4-i-*q.W'!1 S, ".1-4 -',t� � " .7'. ­.:� I 4 1, . . -,; `�, 14: .1 I-M kc ,.13. '. - v�OY..-A,,,,i�"S� ,.'A "v ,-.-.,I-,I ":� .. '. - 4.*:�1%',. :��.-. �k it ,'s v ,-y�4. . %.". . .. , .:. '�, .e,r'; -I 'S *? ""'K. ...... �,, "., .....' .. •�1. �% 't .% , , .� %. 1� .;-4 "... .. ;/. I 'A - I .."- ,,.�---, !�.Z;.%-,**,� .%� �e e-,.�, --- 11*- :1. . .1 I . .,.. Y I* `14�1- ...:, ,,� �,. .,,,.t...5��;, . .. , . Y �1.�:-, -,' - , �.e�-.!,:,,,,-.;--f� .i� . 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"-1 - I.. 1: .1 -a , . � �� -",-;;�*,-`--:*1,:i%, ,"irk*i--­�?:k. ,­ ..., ;.�. --� - .." , . ,�� . ;4 , % i ---,�� -" -�� I V"%11_1 %; _V-6 .9,4-le 1:_'�'i" $ � . ., ;,� , . , . �1%� i..'-.KP"4&1-C�1­,%-!",4 ,,, , :x N"s"*-'*-kan-y� .`,-�/,,,,� V� ,�l I; r1;�-:,&e%"- ti ,>-.>-1. -i-z ..,:�, ,�� -1 j-,;�- -�.. .,-, ,V!, .; 4.: 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 SUPERIOR LANDSCAPING & LAWN SERVICES, INC., hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within four hundred and eighty (480) 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. 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 BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 96 remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 97 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 98 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 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. BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 99 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 and may not transact an business with the City in excess of the threshold the City, Y Y, Y amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 100 With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Orlando Otero, President Superior Landscaping & Lawn Services, Inc. 2200 N. W. 23RD Avenue Miami, Florida 33142 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 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 BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19,2013 101 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. BID NO: 2014-093-SR CITYOF MIAMI BEACH DUE DATE: FEB 19, 2013 102 i IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI City lerk Mayor Contractor MUST EXECUTE THIS CONTRACT S INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT S APPLICABLE. [If incorporated sign below.] Contractor j A TE T: Superior Landscaging&La n Service s c. { ame f or or By: (Se tary) / ,( ign re undo Otero/President (Corporate Seal) (Print Name and Title) 28 day of May , 2014 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION BID NO:2014-093-SR CITYOF MIAMI BEACH DUE DATE:FEB 19,2013 103 ,. ' n Date ; ,-,���orn T� Client#: 71430 SUPLA DNYYY) E(M MID ACORD,. CERTIFICATE OF LIABILITY INSURANCE DAT3/E(MM/D 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Michelle A. Kalicharan Gulfshore Insurance-Naples PHONE 239 435-7143 FAX 239 213-2852 A/C,No,Ext: (A/C,No: 4100 Goodlette Road North E-MAIL ADDRESS: mkalicharan@gulfshoreinsurance.com Naples, FL 34103-3303 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Amerisure Insurance Company 19488 INSURED INSURER B: Superior Landscaping&Lawn Service,lnc INSURER C 2200 NW 23rd Ave INSURER D: Miami, FL 33142 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DDNYYY MM/DDNYY • GENERAL LIABILITY X X GL2090122 11/07/2013 12101/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence) $1,000,000 CLAIMS-MADE I—XI OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOG $ JECT • AUTOMOBILE LIABILITY X X CA2090120 11/07/2013 12/01/201 CO Ea aMccident BINED SINGLE LIMIT $ ,000,000 1 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR X CU2090123 11/07/2013 12101/2014 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DED I X RETENTION$0 $ A WORKERS COMPENSATION X WC2090344 12/01/2013 12/01/201 X ORYTATU- OTT AND EMPLOYERS'LIABILITY IER ANY PROP RIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: South Pointe Park Landscape Remediation; Location: 1 Washington Avenue, Miami Beach FL 33139. City of Miami Beach is Named as Additional Insured on a primary and non-contributory basis with regards to General Liability Only when required by contract per form CG7048 1109(Contractor's Blanket Additional Insured Endorsement)which includes ongoing operations and completed operations. Additional Insured on Auto Liability per CA7171 0508 and Umbrella Liability per CU7467 0810 when required (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City f Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y am eac THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Drive ACCORDANCE WITH THE POLICY PROVISIONS. 3rd Floor Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S731467/M725654 MAK r DESCRIPTIONS (Continued from Page 1) by contract.Waiver of Subrogation on General Liability per CG7049 0613,Auto Liability per CA7171 0508& and Workers Compensation per WC000313 0484 as required by contract. SAGITTA 25.3(2010105) 2 of 2 #S731467/M725654 Bond No. SEIFSU0576924 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: i (Name,legal status and address) (Name,legal stalus andprincipal place of business) Superior Landscaping & Lawn Service,Inc. International Fidelity Insurance Company 2200 NW 23 Avenue One Newark Center This document has important legal Newark NJ 07102-5207 consequences.Consultation with Miami FL 33142 Mailing Address for Notices an attorney is encouraged with respect to its completion or One Newark Center modification. OWNER: Newark NJ 07102-5207 Any singular reference to Mane,legal status and address) Contractor,Surety,Owner or City f Miami Beach other party shall be considered Y plural where applicable. 179i2m9onvention Center Drive Beach FL 33139 CONSTRUCTION CONTRACT Date: Amount:$ 2,921,715.00 Two Million Nine Hundred Twenty One Thousand Seven Hundred Fifteen Dollars and 00/100 Description: )Vame and location) South Pointe Park Landscape Remediation-1 Washington Ave, Miami Beach, FL 33139 BOND Date: (iVot earlier than Construction t:ontract Date) Amount:$2,921,715.00 Two Million Nine Hundred Twenty One Thousand Seven Hundred Fifteen Dollars and 00/100 Modifications to this Bond: None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Cvrporate eal) Company: (Co)porate Seal) Superior Landscapi' S ,Inc. International Fidelity Insurance rfy f Signature: Signature: Name be""APB `)� Name Brett Rosenhaus acid Title: �11 l v � and Title: Attorney-i n-Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFO&IV 7I0N 0Nl Y—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson,Rosenhaus &Associates (Architect,Engineer or other party.) 4000 South 57th Avenue, Suite 201 Lake Worth FL 33463 561-432-5550 S-18521AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the O mier,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(S)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owncr declares a Contractor Default,terminates the Construction Contract and notifies die Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety detnonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied Iiability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-18521AS 8110 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the O-vvncr under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5 4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be 1 iable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 Thu Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the 0-v%mcr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common la%v*bond. §14 Definitions §14.9 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §151f this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-18821AS 8110 §16 Modifications to this bond areas follows: (Space is provided belotiv for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1852/AS 8/10 FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 Attached to and part of BOND NO. SEIFSU0576924 In Compliance with Florida Statutes Chapter 255.05 (1) (a), Public Work.All other Bond page(s) are deemed subsequent to this page regardless of any number(s)that may be pre-printed thereon. CONTRACTOR: Superior Landscaping & Lawn Service, Inc. 2200 NW 23 Avenue Miami, FL 33142 305-634-0717 SURETY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 973-624-7200 AGENT: Nielson, Rosenhaus &Associates 4000 South 57th Avenue, Suite 201 Lake Worth, FL 33463 561-432-5550 OBLIGEE: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 PROJECT: South Pointe Park Landscape Remediation THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS255.05(2)AND 255.05(10),ARE INCORPORATED IN THIS BOND BY REFERENCE. Bond No.SEIFSU0576924 Document A312 TM - 2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: (frame,legal sratits and address) (Name,legal status and principal place of business) Superior Landscaping&Lawn Service,inc. International Fidelity Insurance Company 2200 NW 23 Avenue One Newark Center This document has important legal Newark NJ 07102-5207 consequences.consultation with Miami FL 33142 Mailing Address for Notices an attorney Is encouraged with respect to Its completion or One Newark Center modiffeatidn. OWNER: Newark NJ 07102.5207 Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Miami Beach plural where appilcable. 1700 Convention Center Drive Miami Beach FL 33139 CONSTRUCTION CONTRACT Date: Amount:52,921,715.00 Two Million Nine Hundred Twenty One Thousand Seven Hundred Fifteen Dollars and 001100 Description; (Name and location) South Pointe Park Landscape Remediation 1 Washington Ave,Miami Beach,FL 33139 BOND Dote: (Aot earlier than Construction ContraetDate) Amount:-$2,921,715.00 Two Million Nine Hundred Twenty One Thousand Seven Hundred Fifteen Dollars and 00/100 Modifications to this Bond: F-1 None n See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corpor Seal) Company: (Corporate Seal) Superior Land i/)k' wn r ce,inc. International Fidelity Insurance pony Signaturc: Signatt= Name P Te-� Name E3rett Rosenhaus and Tide: P12 651 L)el'`7 - and Title: Attorney-in-Fact (Any additional signatures appear on the last page of thIs Payment Band) (FOR INFOR,IL4TIONO,VLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson,Rosenhaus&Associates (Archirect,Engineer orodrerparry;) 4000 South 57th Avenue,Suite 201 Lake Worth FL 33463 561-432-5550 8-21491AS 8110 §I The Contractor and,Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following erms. g §2 If the Contractor promptly makes payment ofall sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §31f there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner undcr this Bond shall arise after the Owner has promptly notified the Contmelor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the perfonnance of the Construction Contract and tendered defense ofsuch claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have fumished a written notice ofnon-payment to tine Contractor,stating with substantial accuracy the amount'clairned and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Ovmer,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shall not be dcemcd to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount ofreasonuble attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor futnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work.. S-2149M 6110 §10 The Surety shall not be liable to the Owner,Claimants or others for obliga(ions of the Contractor that arc unrelated to the Construction Contract. The Owner shallnot be[fable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of;Claimants or othenvise have any obligations to Claimants under this Bond. §11 The Surely hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of winpetent jurisdiction in the state in which the project that is the subject of the Construction Contract`is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the lost labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefr=and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a.copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including st a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or lest fumished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Dond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,fight,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §95.3 Construction Contract.The agreement between Lhe Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 8110 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with die other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, BUT N LIMITED T THENOTICE AND TIME LIMITATION INCLUDING U OT 0 S IN SECTIONS255.05(2)AND 255.05(10),ARE INCORPORATED IN THIS BOND BY REFERENCE (Space is provided below for additional signatteres of added parties,oilier than those appearing on the corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate'Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-21491AS 8/10 ....g '•3.,....:..'a.•j.:__. &°n Y' .!:t\•z'..,fi:•h..�...: ''c::.:",..f...8°eg�,. s,>.i`,:x,... •.,I..ee,.d..::'>ys p`..a,..,<'a•,. �d5.3, '.?.....,,...::•.e'.3fs. yf.,.._M"�g. i....-.L....F•:vq.y...ip.e.sv..x,.947. e .a...•+nt1F4. • . . . > r:•» ,.,... .dm..,...R . .. tr.•!«.,a tz s„.:r: .:..a�",o;&,:..:A°•i°y�w.'':ems.,-.b' x_"fl�..'°Ka�'.rc—y.','�-P._ r#^:'.y•�d'r„•55a r 'C.'z iry ;. F /ARK> NEW'.IEREYf'tV?-5 �7 t N NEiI ARK ENTF-R,.2f�'I.1 L�t)R'NEW.- :. I'.N D€ INSURANCE, COMPANY.,..a coil ration organt ed aril exfs ng cinder KNOW ALl..MEN 8Y TH.ESE:119'ENTS.. That..INtEIr” AiT 4 AL :F1 .:[.ITY d IEG##:ENYiSU#41"Y CQMPA�VY,a corpora#on organized and Qxisting under the>taws'of the:State df :..the laws;of the:State of New Jersey, an, AIL, • ,,. f' ew8rk New Jesse ,: .. Perim.ivania,having.;fheir ptincpal oftic+ :in the City o. N y do<hereby constitute and appoint < . . . BRETT.R.-OSE NHAUS I:.ake.wom FL acute seal and deliver(oe antl.on U.4 behai#as surety,any and all tt)onds:and undertaitln ,con :tac of irzd rnnity: their true:and tawtw a#(orRe�r sf-ut fact.#o ex. , and other wti. owigafor�r n t#ie Hato re thereof which are or ma' be allowed,r uired;or pem fitted by law;statute:rule; ulabarr coot act or:othen+v se � . n in. rnuance of these; rasenta,sttialt:>be as<brrdin upon the sa�cf IhJtERNA. CIAI„ I# Ei.ITY::I# SRANC end the: ecu�on o€'such instrurrte. s .: P t }} purposes;as if the:same had beer► duly tecLi :and COMPA1dY and GHENY CAsui r MPANY, as:.fufiy'and:amply, to all intents::and ackriowled geci;by regwarty elected officers at;their pnncipal offices. P r of Attome ::is executed and'ma: be revoked, pursuer to and b au#h of the B�r l vvs of fNTEF NATIGNAL:FICELt Y iNSU1 APVGE This twe under and authdn of thefoifowin resoltt�naciopted: the Board of Dlirei:tors< y y dOMPANY,and ALLEGHENY CASUhLTY;Cf1MPANY and�s granted 03+ .. g Fl EL#T1f i11SE#DANCE:CO APAPiY at a meeting dul�.�:Ii`e�ld on th '::20t:day of July,201 U and fyr the Board; Dired1bt6 of:AL1 EGl-1ENX of:iNT1=1 NATI.ONAI.. D CASUALTY CC1KtPANY at a`nleet�ng duly held vrt the lath'day of August,20Qu r e v the er 2i nt<ar to ev ok ,> the ration shall ha e. tQ .. LVED that .1 the President:Vice Presutent,.Eeculave Vice Presider►t,or ar'eereta;,of. Corpo P .._. RESQ (..) .. pow wlth< war:and authori as defined tsr rmt8d m e�r:respee ve powers flf atts)me�r;and t execu on tie a pantments of, Attorneys m Fact agerrks, po tY gg affix:the. ibbort s seal thereto;.bonds:,undertakings,:recogrrizances.contract$cif nde�nity and;other writtap:.;. I� �n behalf af:the Gorporetion arul Corpo ch: fficeii .of the Corporation ma`:a int and:revoke th --a tments of�ofrtt oontroi a s, the not re>thereof or r+elatect:thereto;and f2#:any..su V.. rr Y ptx?. ppo�n a�eritS force fence of ocess,ariti.Attome in-fact:w'ith authority: execute waivers and>Lronsents<on behalf 4f the:C ocatron;and.(37 #�e slgrtatpr+a gen, �s- er of:attorne or ce cotton uen for the execeti0n of an such O.f#cer.of tne;CorpOrab+ortond the:Ca ?rat<en s seal may>he affixed b�Y fimile to anY tom+. Y Y ,.. . undertakin r: nrzance cctniawt.of rnderr�nity car other wntten:obi[gation in.the nature_thereof or related theretoY:su sigr�ture 8nd:seals of atiy bond, 9...ecog... , , to 'ere ado .teii b the;Co ::ration as the ongirtal;s nature of such officer and the cx�gnal sea!of the when sct'uSet(w1?ether hecetoforg or hereafter'.be J p Y K a to>be valid.:arid:biridn. u yy �g Corpcx non, theorporatron with the same force and effect as though manually affixed'_ 31F::INSURANCE COMPANY<:,and ALLEGHENY :CASUALTY tOMPANIf have each executed and CN WI'CtESS:"1fyHEFtEQF, `1NTERNAT#CNA1.,.;F1pEf.l. atte5ted.these:presents ari this 12th day of March,:;2012. STATE OF NEW JERSEY Gaon of Essex ;i " I ROBERT.�I.MfNSTER: . .. Executive Vice:.Presidentl�Chte# crating C3iflicer:: - (International Fidelity icts�ancaea��onY) and:.Pre�idenr(Allegheny Oasw ty� pa,Y) . l:. Y awn,and, bei. b me du y On this 12th da of Ift 2012, 1�fo.e me came the_mtiivtdu91 w#)o exepute�i the preceding mstrurnent.to me persvnatt kn .X Y i he ' therein described and authorized Qfl7cer of INTE# IATINAL FIDELITI( INSURANCE CaDMPANY and ALtEGHf~N'l CASUALTY sworn, said tMe mstrufnertt:are the:C to S is ,of<sold Companies,_that the said Corporate Beals and his signature were COMPANY, that the seals affixed::to$a orpora .... dul affixed b..order of the Boards of Directors of said Companies. . T STIMDNY.W- HERE0F:.,I have her eto set . hand aftfized my Ofticiat my ,4. .�., ark,Now Jersey`the day and year first above written: at tl�e City o ew M • ♦� ..:..I : ♦ �- ._ A NOTARY PUBLIC 4'F NEVFT JLISEY '•s1$1' j.. "y+a:wrr• :' �'"+` Ciarnrll$sion:a r xptres Mar.27,2014 My ,.. �.r� CERTIFICATION; MP NY antt<l Lt.EGHENY CASUALTY CO1VlPANY do hereby cettl#y that l#lave;> I the underslgned cifficer of.INTERNAT#QIVAL FIDEL.IT.Y;tN5UltAANCE CQ A dim..red:t#1e fore din cx�py of the`Pow.dr of Attorney and affiE avit,and the copy of the �ect<ons o the lay Laws"ofi said C�omparnes:as set for in said%1 .<, g:....9 f' me with,the orr finals.>an;fite'in.tht home office of said companies, and:#hat:the same are tarred:twanscripts thereof,and of ttae�vhoie Power o Alto y, _ g . of the said on "i ais ;Md:that the.said Power of.Attorney h 9 j tot bOn revoked and is now in full force and effect gin , IN TESTIMONY:.WHrzREOF,:.)have hereunto set my hand this play of " R A AltlCO iatec►f t � F 5M L y .Y , .-. 9 .'.5 ... ..s: a-.w ..,A-:r :. .-... .: .. r .... ....;3. }. d .:.: e ......,. .ga• e. 7 ./ d ,a ...y. ... £. .... .. .....,K.a�.,..:;.... .... .. ,:. .a ... ," ..:.... r.a r... .F: �d. 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