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ITB 2014-149-SR Handrail System at Unidad North Shore cat INVITATION TO BI O FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT UNIDAD BUILDING TERRACE AT NORTH SHORE BANDSHELL PARK ITB N®® 2 014®149-SR BID ISSUANCE DATE: FEBRUARY 10, 2 014 BID OPENING: FEBRUARY 14, 2 014 @ 3:00 PM ISSUED BY: A Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center"Drive, Miami Beach, FL 33139 305.673.7000x6230 Fax: 786.373.4404 1 www.miamibeachfl:gov COMMISSION ITEM'SUMMARY Condensed Title: Request for Approval to Award A Contract,Pursuant To Invitation To Bid No.2014-149=SR,Fabrication And Installation Of Handrail System At The UNIDAD Building Terrace At North Shore Bandshell Park Key Intended Outcome Supported: Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data(Surveys,Environmental Scan,etc:NIA Item,Summa /Recommendation: The purpose of Invitation to Bid(ITB)No.2014-149-SR is to establish a contract,by means of sealed bids,with a qualified firm to provide the fabrication and installation of a new stainless steel handrail system at the North Shore -Bandshell Park.The North Shore Bandshell Park is located in the heart of North Beach,along Collins Avenue, between 72nd and 73rd Streets. As part of, the construction of the North Beach Oceanfront Center, which is located within this park,an elevated platform was constructed along the east side of the building.This platform, originally designed as bleachers for spectators to observe events at the sand bowl, is elevated between eighteen and twenty-four inches above grade.Although neither the Florida Building Code nor the Life Safety Code mandate railings for a raised platform that is less than thirty inches above grade, upon careful consideration, the Administration believes it is in the City's best interest to install railings to prevent visitors from accidentally stepping off the edge,-especially at night when visibility is greatly reduced. ITQ 2014-109-SR was issued on January 15,2014 via Public Purchase.Two.(2)quotes were received resulting from this ITQ Process- one from George's Welding Services, Inc. and the other from Suncor, Inc. It was then discovered that the prices were above the$25,000 threshold.Therefore,pursuant to City Code,an ITB needed to be issued. Invitation to Bid(ITB)2014-149-SR was issued on February 10,2014,with an opening date of February 18,2014. One(1)bid was received resulting from the solicitation process from George's Welding Services,Inc.Through the Department of Procurement Management's review of the bid for responsiveness, it was deemed responsive pursuant to the requirements listed in the Solicitation.In determining responsiveness of the responding bidder,the Department of Procurement Management has verified that George's Welding Services, Inc. met the minimum requirements,financial capacity requirements,and past performance requirements set forth within the solicitation as noted in more detail in the attached memorandum. As a comparison to the price that was submitted by George's Welding Services,Inc.for the resultant ITB process currently being recommended for award,Suncor, Inc. submitted a price for the same scope of work for$92,500.00. Based on the above, it is recommended that I George's Welding Services, Inc. be awarded the contract. RECOMMENDATION 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 George's Welding Services, Inc. CONCLUSION The Administration recommends the award of the contract to George's Welding Services, Inc., the lowest responsive,responsible bidder pursuant to Invitation to Bid(ITB)2014-149-SR,for the Fabrication and Installation of a Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park, in the amount of $65,120.00;plus approve a owner's project contingency fund of ten percent(10%)in the amount of$6,512.00 for a not-to-exceed grand total of$71,632.00. Advisory Board Recommendation: NA Financial Information: Source of Amount Account Funds: 1 $71,632.00 390-2538-069357—Miami-Dade County GO Bond Total $71,632.00 Financial Impact Summary: City Clerk's Office Legislative Tracking: David Martinez, Extension 6927 Sign-Offs: meet Direc r 'stant City Ma. ger City anager LA 4DM MT KGB JLM TINGE DA120141Marchl -ocurement`ITB 2014-149-SR- NIDAD Bldg Handrail SUMMAR c AGENDA-ITEM MIAMI-BEACH DATE � 88 I A M I'B E A C H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.aav COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t e City Co mission FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 sueJ`CT: REOUEST POk APPROVAL. ' TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-149-SR, FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT THE UNIDAD BUILDING TERRACE AT NORTH SHORE BANDSHELL PARK 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 $71,632.00 390-2538-069357— Miami Dade County GO Bond $71,632.00 Total 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. 2014-149-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide the fabrication and installation of a new stainless steel handrail system at the North Shore Bandshell Park. The North Shore Bandshell Park is located in the heart of North Beach, along Collins Avenue, between 72nd and 73rd Streets. As part of the construction of the North Beach Oceanfront Center, which is located within this park, an elevated platform was constructed along the east side of the building. This platform, originally designed as bleachers for spectators to observe events at the sand bowl, is elevated between eighteen and twenty-four inches above grade. Although neither the Florida Building Code nor the Life Safety Code mandate railings for a raised platform that is less than thirty inches above grade, upon careful consideration, the Administration believes it is in the City's best interest to install railings to prevent visitors from accidentally stepping off the edge, especially at night when visibility is greatly reduced. 89 Commission Memorandum–ITB 2014-149-SR—Fabrication&Installation of Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park March 5, 2014 Page 2 ITB PROCESS Invitation to Bid (ITB) 2014-149-SR was issued on February 10, 2014, with an opening date of February 18, 2014. No addenda were issued. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The advertisements resulted in the receipt of one (1) bid from George's Welding Services, 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 veteran nor local preference was applied to any of the bidders. Through the Department of Procurement Management's review of the bid for responsiveness, George's Welding Services, Inc. was deemed responsive pursuant to the requirements listed in the solicitation. In determining responsiveness of the responding bidder, the Department of Procurement Management has verified the following: A. Minimum Requirements George's Welding Services, Inc. is a state certified and licensed contractor and is authorized to perform this type of service. i B. -Financial Capacity A Dun & Bradstreet(D&B) Supplier Qualifier Report-(SQR) was obtained indicating that George's Welding Services, Inc. has a low Supplier Evaluation Risk (SER) rating (rating of 2 on a scale of 9, with 1 being the lowest). C. Past Performance It has been confirmed that George's Welding Services Inc. has successfully completed three (3) projects similar in scope and volume as the work referenced in the Contract Documents. References contacted provided positive reviews. 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%)owner's contingency fund for unforeseen circumstances during construction. 10% Owner's Base Bid Total Contract Vendor Name Amount Contingency Amount Fund George's Welding Services, Inc. $65,120.00 $6,512.00 $71,632.00 Historical Price Comparison: ITQ 2014-109-SR was issued on January 15, 2014 via Public Purchase. Two (2) quotes were received resulting from this ITQ Process: one from George's Welding Services, Inc. and the other from Suncor, Inc. Since both prices were above the $25,000 threshold, pursuant to City Code, an ITB needed to be issued. As a comparison to the price that was submitted by George's Welding Services, Inc. for the resultant ITB process currently being recommended for award, Suncor, Inc. submitted a price for the same scope of work:for$92,500.00. 90 Commission Memorandum—ITS 2014-149-SR—Fabrication&Installation of Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park March 5, 2014 Page 3 Based on the above, it is recommended that George's Welding Services, Inc. be awarded the contract. George's Welding Services, Inc. is a family owned and operated business founded by Jorge & Luz Arnador in 1984 -providing welding services to those in the construction industry. Today, George's Welding Services, -Inc. is a full service facility fabricating and erecting structural steel and miscellaneous metals in Dade, Broward, and Palm Beach Counties. They have a 2 acre full service facility that contains over 60 employees and required equipment to manage any task. Their previous clients range from private corporations to governmental agencies like the City of Hialeah. 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 George's Welding Services, Inc. CONCLUSION The Administration recommends the award of the contract to George's Welding Services, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-149-SR, for the Fabrication and Installation of a Handrail System at the UNIDAD Building Terrace at North Shore Bandshell Park, in the amount of $65,120.00; plus approve an owner's project Contingency Fund of ten percent (10%) in the amount of $6,512.00 for a not-to-exceed grand total of$71 ,632.00. JLM/MT/ B/DM/AD T:I AGENDA 120141MarchlProcurement\ITB 2014-149-SR-UNIDAD Bldg Handrail MEMO.docx 91 SECTION 05521 — PIPE AND TUBE RAILINGS PART 1 -GENERAL 1.1 PERFORMANCE REQUIREMENTS A. Structural Performance: Provide railings capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: 1. Handrails: a. Concentrated load of 200 lb.applied in any direction. b. Uniform load of 50 lb./ft.applied in any direction. C. Uniform and concentrated loads need not be assumed to act concurrently. B. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. C. Thermal Movements: Provide exterior railings that allow for thermal movements resulting from the following maximum change(range) in ambient and surface temperatures by preventing bucking, opening of joints, overstressing of components,failure of-connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1.4 SUBMITTALS A. Product Data: 1. Submit manufacturer's data sheets on each product to be used, including, but not limited to the following: a. Preparation instructions and recommendations. b. Storage and handling requirements and recommendations. c. Installation methods. 2. Submit product data for manufacturer's product lines of handrails and railings assembled from standard components, including but not limited to the following: a. Grout, anchoring cement, and paint products B. Shop Drawings: Include plans,elevations,sections,details, and attachments to other work. 1. For installed products indicated to comply with design loads, include structural analysis data signed and sealed by the qualified professional engineer responsible for their preparation. C. Samples for Initial Selection: For products involving selection of color, texture, or design. D. Samples for Verification:-For each type of exposed finish required. 1. Sections of each distinctly different linear railing member, including handrails and posts. 2. Fittings and brackets. NORTH SHORE BANDSHELL PARK 05521 - 1 TERRACE RAILINGS December 23, 2013 3. Assembled sample of railing system, made from full-size components, including handrail and post. Sample need-not be full height. a. Show method if finishing members at intersections. E. Welding certificates. 1.5 QUALITY ASSURANCE A. Source Limitations: Obtain each type of railing through-one source from a single manufacturer. B. Regulatory Requirements: Comply with applicable requirements of the laws, codes, ordinances, and regulations of Federal, State, and local authorities having jurisdiction. Obtain necessary approvals from such authorities. -C. Welding: Qualify procedures and personnel according to the following: 1. AWS D1.2, "Structural Welding Code-Aluminum" 1.6 PROJECT CONDITIONS A. Field Measurements: Verify actual locations of walls and other construction contiguous with railings by field measurements before fabrication and indicate measurements on Shop Drawings. 1.7 COORDINATION AND SCHEDULING A. Coordinate installation of anchorages for railings. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves,-concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. B. Do not support railings temporarily by any means that do not satisfy structural performance requirements. 1.8 WARRANTY A. Provide manufacturer's standard form outlining the terms and conditions of their standard Limited Warranty: 1. Surface Finish Warranty: One year 2. Material Integrity Warranty: One year PART2-PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to,the following: 1. Aluminum Pipe and Tube Railings: a. Any manufacturer with a minimum of fifteen years demonstrated experience. NORTH SHORE BANDSHELL PARK 05521 -2 TERRACE RAILINGS December 23, 2013 2.2 METALS,GENERAL A. Metal Surfaces, General: Provide materials with smooth surfaces, without seam marks, roller marks, rolled trade names,stains, discolorations,or blemishes. B. Brackets, Flanges, and Anchors: -Cast or formed metal of same type-of material and finish as supported rails, unless otherwise indicated. 2.3 ALUMINUM A. Aluminum, General: Provide alloy and temper recommended for aggressive marine environment by aluminum producer and finisher for type of use and finish indicated, and with not less than the strength and durability properties of alloy and temper designated below for each aluminum form required. B. Guardrails: Custom system to comply with Florida Building Code—refer to drawings for sizes 1.Frame: 1"x2"Aluminum with posts at 8' max(refer to drawings). Install an aluminum flat bar'/"x 2"deep @ 4' max to guide cables Cables: 316 stainless steel cables(max length 50'—double posts at max length) —refer to drawing attached—under short runs C. Extruded Tubing:ASTM B 221,Alloy 6063-T5/T52 D. Extruded Structural Pipe and Round Tubing: ASTM B 429, Alloy 6063-T6 1. Provide Standard Weight(Schedule 40) pipe, unless otherwise indicated. E. Drawn Seamless Tubing:ASTM B 210,Alloy 6063-T832 F. Plate and Sheet: ASTM B 209, Alloy 6061-T6 G. Die and Hand Forgings:ASTM B 247, Alloy 6061-T6 H. Castings: ASTM B 26/B 26M,Alloy A356.0-T6 2.4 FASTENERS A. Fasteners for Anchoring Railings to Other Construction: select fasteners of type, grade, and class required to produce connections suitable for anchoring railings to other types of construction indicated and capable of withstanding design loads. B. Fasteners for Interconnecting Railing Components: 1. Provide concealed fasteners for interconnecting railing components and for attaching them to other work, unless otherwise indicated. I C. Anchors: Provide torque-controlled expansion anchors, fabricated from corrosion-resistant materials with capability to sustain, without failure, a load equal to four times the load imposed when installed in concrete, as determined by testing per ASTM E 488 conducted by a qualified independent testing agency. NORTH SHORE BANDSHELL PARK 05521 -3 TERRACE RAILINGS December 23, 2013 2.5 MISCELLANEOUS MATERIALS A. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy welded. 1. Provide concealed fasteners for interconnecting railing components and for attaching them to other work, unless otherwise indicated. B. Non-shrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107. Provide grout specifically recommended by manufacturer for interior and exterior applications. 2.6 FABRICATION A. General: Fabricate railings to comply with requirements indicated for design, dimensions, member sizes and spacing, details, finish, and anchorage, but not less than that required to support structural loads. B. Assemble railings in the shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation. Use connections that maintain structural value of joined pieces. C. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch, unless otherwise indicated. Remove sharp or rough areas on exposed surfaces. D. Form work true to line and level with accurate angles and surfaces. E. Fabricate connections that will be exposed to weather in a manner to exclude water. Provide weep holes where water may accumulate. F. Cut, reinforce,drill, and tap as indicated to receive finish hardware,screws,and similar items. G. Connections: Fabricate railings with welded connections,unless otherwise indicated. H. Welded Connections: Fabricate railings to interconnect members with concealed internal welds that eliminate surface grinding, using manufacturer's standard system of sleeve and socket fittings. I. Form changes in direction as follows: 1. By radius bends of radius indicated or by inserting prefabricated elbow fitting. J. Close exposed ends of railing members with prefabricated end fittings. K. Provide wall returns at ends of wall-mounted handrails, unless otherwise indicated. Close ends of returns unless clearance between end of rail and wall is 1/4 inch or less. L. Brackets, Flanges, Fittings, and Anchors: Provide wall brackets, flanges, miscellaneous fittings, and anchors to interconnect railing members to other work, unless otherwise indicated. M. Provide inserts and other anchorage devices for connecting railings to concrete or masonry work. Fabricate anchorage devices capable of withstanding loads imposed.by railings. Coordinate anchorage devices with supporting structure. NORTH SHORE BANDSHELL PARK 05521 -4 TERRACE RAILINGS December 23, 2013 2.7 FINISHES A. Finish designations prefixed by AA comply with the system established by the Aluminum Association for designating aluminum finishes. B. Powder Coating 1. Color and gloss to match existing. PART 3- EXECUTION 3.1 INSTALLATION,GENERAL A. Fit exposed connections together to form tight, hairline joints. B. Perform cutting, drilling, and fitting required for installing railings. Set railings accurately in location, alignment,and elevation;measured from established lines and levels and free of rack. 1. Do not weld, cut, or abrade surfaces of railing components that have been coated or finished after fabrication and that are intended for field connection by mechanical or other means without further cutting or fitting. 2. Set posts plumb within a tolerance of 1/16 inch in 3 feet. 3. Align rails so variations from level for horizontal members and variations from parallel with rake of steps and ramps for sloping members do not exceed 1/4 inch in 12 feet. C. Corrosion Protection: Coat concealed surfaces of aluminum that will be in contact with grout, concrete, masonry,wood, or dissimilar metals, with a heavy coat of bituminous paint. D. Adjust railings before anchoring to ensure matching alignment at abutting joints. E. Fastening to In-Place Construction: Use anchorage devices and fasteners where necessary for securing railings and for properly transferring loads to in-place construction. 3.2 RAILING CONNECTIONS A. Welded Connections: Use fully welded joints for permanently connecting railing components. Comply with requirements for welded connections in Part 2 "Fabrication"Article whether welding is performed in the shop or in the field. B. Expansion Joints: Install expansion joints not farther apart than required to accommodate thermal movement. Provide slip joint internal sleeve extending 2 inches beyond joint on either side,fasten internal sleeve securely to 1 side, and locate joint within 6 inches of post. 3.3 ANCHORING POSTS A. Form or core-drill holes not less than 5 inches deep and 3/ inch larger than OD of post for installing posts in concrete. Clean holes of loose material, insert posts, and fill annular space between post and concrete with nonshrink, nonmetallic grout or anchoring cement, mixed and placed to comply with anchoring material manufacturer's written instructions. B. Cover anchorage joint with flange of same metal as post. NORTH SHORE BANDSHELL PARK 05521 - 5 TERRACE RAILINGS December 23, 2013 C. Leave anchorage joint exposed;wipe off surplus anchoring material; and leave 1/8 inch buildup, sloped away from post. 3.4 PROTECTION A. Protect finishes of railings from damage during construction period with temporary protective coverings approved by railing manufacturer. Remove protective coverings at time of Substantial Completion. B. Restore finishes damaged during installation and construction period so no evidence remains of correction work. -Return items that cannot be refinished in the field to the shop; make required alterations and refinish entire unit,or provide new units. END OF SECTION 05521 NORTH SHORE BANDSHELL PARK 05521 -6 TERRACE RAILINGS December 23, 2013 SCW'vi['WC:f .9L�uPWE:f [LEV'C39 Mol N LL9<'KCSOC:L uC!'vvL'L>F:L 99v L'LLTilE:L [<CVi39S3E:1 W /Y1 MEE ulJ CBaOt.W 3Tmy3N MEE 1!'_l. cna U'YMN w_'iwi.ln -p � c/ �- L33tlLS tl319VU LL3M GLL ^Y WMYLL 3I1N3AVL3N RL 3fW3AV Li At50.3L `SL'OCL.VV I LMLS I�'IYJr33 RNN ON _ wa'ua�onwrrnwas�vwa•. 3rw3nr snlnm itu Q M uw W WJ uv`dIW l4PIP1 +o.vW3 a3N a+wP�3 R>tsAUi 11N:MS t:. faR2v:SOE:L 0 W In W 9.W33N19.N33NA .9 ']NIN91930R9 3bYf lVCM AtlN3N L3uniU tl19 V°up'a'mrm aVtlwa.oc lx a:J -y �a� 1�131N30 2IOIN3S HOV38 H_LbO Lu 11II F � � .§...9-.e- e<i III I � m a W w p O J I W _ _ 74 W U W Q r, V L^ x ~ �O'LL£. W cj I_ a ---_r_'f W =ZQ p Q 6 ~� is- fig v - -- 591 - I CY- �:::�_ Ono Jr (V Q2 Rya F=� Z6 I '' '''I U 1 ~ 1' : f II I .w� -• zL 2t C l W .e. I IL_ CD LLI I, IIII `Z c �T apg Z 39 a U yy 1.�� gt8I i I Ili - I I .I� � '•an Go Mx 11 I I II i-:',my 4u CDIR ! 1� ! II uSFa Q1 g .�3 3� l l i i l 1 I I o � h , emu �°a� � .II 11 , II JI I 171111111 it II t 1 11 11 I I I I I II IT L__�I 1,41111-711 ['. II I I I I III I II '.0 1" H .f C O a 7 W 3:0 ME W VO¢¢ti O Z I rN$QL rr�=m U 0_U L7 1 Ili I ii n € 3 �~ aQQma z H KO¢cc � ZL 1 ml W 60 �<¢W, Wr1SNN W _z�ll I I i .l L-.L �.Ll•1 I. 1 �I II 1 I •� � I. W LU 11 I 11• 3 Sh I' Q m 1 � I O II I I ` II I p '6: INVITATION TO BID SUMMARY MIAMI EA n � - Invitation to Bid No. 2014-149-SR Estimated Construction Budget $100,000.00 ITB Title: FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT UNIDAD BUILDING TERRACE AT NORTH SHORE BANDSHELL PARK Basic Description of the Scope of Work: The work consists of the fabrication and installation of a handrail system at the Unidad Building at the North Shore Bandshell park pursuant to the contract documents. Bid Issuance: Wednesday, January 22, 2014 Technical Drawings and Specifications are available for FREE download at: www.publicpurchase.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 Date, Time, & Location: NOT APPLICABLE ❑ Meeting is Mandatory(only if box is checked) Site Visit Date, Time, & Location: ❑ Site Visit is Mandatory(only if box is checked) NOT APPLICABLE Last Day for Receipt of Questions: Wednesday, February 12, 2014 @ 3:00 PM Bid Due Date & Time: Tuesday, February 18, 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: Sealed Opaque Envelope (Properly Addressed) As per Section 0400 Below BID NO:2014-149-SR CITYOF MIAMI BEACH ;"r:,l ,'", BEACH DUE DATE: FEB 18,2013 2 Basin Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0200 for detailed information. ❑ is required at the time of bid submission. Z is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ❑ 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: 30 Days, Substantial Completion Liquidated Damages: NIA 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:2014-149-SR CITYOF MIAMI BEACH ► ;'}4AN1g DUE DATE: FEB 18,2013 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 APPENDIX E SAMPLE CONTRACT..................................................................................95 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:2014-149-SR CITYOF MIAMI BEACH VjI;':h,`;O BEAC DUE DATE: FEB 18,2013 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 full y completed in accordance with the terms and r 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 Project 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:2014-149-SR CITYOF MIAMI BEACH t,!AMBEACH DUE DATE: FEB 18, 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 Pape Intentionally Left Blank BID NO: 2014-149-SR CITYOF MIAMI BEACH jV I&` I BEACH DUE DATE: FEB 18,2013 7 0200 INSTRUCTIONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the.Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked�( ® ). If the box is checked, the language is made 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. Background and Scope of Work: North Shore Park Band Shell is a beautiful outdoor amphitheater which recently underwent.a historic restoration. Within the boundaries of this park resides the new UNIDAD Senior Center, where this project's scope of work resides. The UNIDAD Senior Center will offer seniors a range of activities and services, including nutritious meals, employment training and placement, counseling, support groups, health information, nutrition/health screenings and assistance with immigration-related issues. In addition, the Center will provide opportunities for cultural enrichment, exercise/fitness classes, and social interaction, all of which are significant factors in an active lifestyle correlated with greater longevity, independent living, and good health. The scope of work for this project shall consist of the fabrication and installation of a handrail system as specified in the Contract Documents. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of this project. 3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 6.1 Examine the Contract Documents thoroughly. 6.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 6.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 6.4 Study and carefully correlate Bidder's observations with the Contract Documents. 6.5 Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required-by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of-all terms and conditions for performance and furnishing of the Work. BID NO: 2014-149-SR CITYOF MIAMI BEACH ® ,°'tl :'t BEACH DUE DATE: FEB 18,2013 8 5. Location of Work: This Scope of Work shall be completed at the following Location: ,`il, x -d sacQ cutyan 1 13f51�1e ,,Olsen Natal ► condo Global -Guba Flu. VIA 6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) 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 ten (10) calendar days prior to bid opening. 7. 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. 8. ❑ 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 BID NO:2014-149-SR CITYOF MIAMI BEACH i",asilf:a BEACH DUE DATE: FEB 18,2013 9 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. 9. ❑ 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. 10. 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. 11. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH i`,0,.1AJ\A;i BEACH DUE DATE: FEB 18,2013 10 12. 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. 13. 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. 14. 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 2-371 shall be barred. 15. 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. 16. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 17. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH BEAC H DUE DATE: FEB 18,2013 11 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. 18. 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. 19. 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. 20. CITY OF MIAMI BEACH LICENSES PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH �+ "{d ;"L aAt' DUE DATE: FEB 18,2013 12 NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. 21. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) Ill. 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 i Public Works Right-of Way Permit VIII. 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. Balance of Page Intentionally Left Blank BID NO:2014-149-SR CITYOF MIAMI BEACH V",.[AhAd BEACH DUE DATE: FEB 18,2013 13 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be state and/or Miami-Dade County certified and licensed Contractors to be considered for award. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in projects for projects similar in scope and volume to the work detailed within the Contract Documents. References must be projects completed or in progress within the last five (5) years. For all references submitted, Bidders shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) 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 firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. 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. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. DO NOT include Financial Statements with 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. The Successful Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein UPON REQUEST by City Administration. All SQR Reports shall be submitted no later than three (3) days from the date of request by City Administration. The cost of the BID NO:2014-149-SR CITYOF MIAMI BEACH @ V,1AJ\ BEACH DUE DATE: FEB 18,2013 14 preparation of the D&B report shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supi2lierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696 4. The qualified bidder shall hold all required current_certified licenses in order to provide the scope of work as set forth in the bid documents. Copies of all license(s) shall be 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 Intentionally Left Blank I BID NO:2014-149-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 18,2013 15 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder 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 ail 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 City, 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. O An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational BID NO: 2014-149-SR CITYOF MIAMI BEACH i'V'fl'AJ\A BEACH DUE DATE: FEB 18,2013 16 background, work experience, employment history, and any .other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: ® Construction Project Manager ■ Construction Superintendent ® Site°Foreman and/or Estimator ® A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab C. B[D 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 i. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier Report.(SQR) to the prospective Bidder and the Department through electronic means. The cost of the preparation of the D&B report shall -be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS, Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that-contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. ii. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- 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 BID NO:2014-149-SR CITYOF MIAMI BEACH ;",,IA.,,,/`BEACH DUE DATE: FEB 18,2013 17 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Proiect 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, whethe r suc h 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:2014-149-SR CITYOF MIAMI BEACH ,",4, 'BE EACH DUE DATE: FEB 18,2013 18 O Bar Chart () Modified CPM ( ) 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 I1 LL Project schedule using Early Start!9 "Early Early Finish 11 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 the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera 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:2014-149-SR CITYOF MIAMI BEACH ® i%A.1AJ\..': BEACH DUE DATE: FEB 18,2013 19 PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Z 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 to 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 BID NO:2014-149-SR CITYOF MIAMI BEACH ® NA.1AM BEACH DUE DATE: FEB 18,2013 20 r 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°/x) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to 1 P PP Y P P 1 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:2014-149-SR CITYOF MIAMI BEACH NA,14,1'0 B,EAC DUE DATE: FEB 18,2013 21 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 I 1,000,001 to 2,000,000 B+ Class 11 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a 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:2014-149-SR CITYOF MIAMI BEACH � N`MJ%!d1 BEACH DUE DATE: FEB 18,2013 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 action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether-performed by.Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 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 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/Completed Operations, in an amount not less than $1,000,000 combined single limit per 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. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 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, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. BID NO:2014-149-SR CITYOF MIAMI BEACH ® "sr'I APv"d BEACH DUE DATE: FEB 18,2013 23 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 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 BID NO:2014-149-SR CITYOF MIAMI BEACH 99 ;t�l;t�f?i BEACH DUE DATE: FEB 18,2013 24 r (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to-perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations 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 BID NO:2014-149-SR CITYOF MIAMI BEACH I; V3iACl DUE DATE: FEB 18,2013 25 determination. Within sixty .(60) days after Final Completion--of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by.the parties. Should any objection not-be resolved in mediation, the parties retain all their legal rights and -remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 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 BID NO:2014-149-SR CITYOF MIAMI BEACH ;?trF:l �`.'BEACH DUE DATE: FEB 18,2013 26 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. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site BID NO:2014-149-SR CITYOF MIAMI BEACH i`,A.1 A`vV BEAC DUE DATE: FEB 18,2013 27 and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and.expenses so incurred by City shall exceed the unpaid balance, then .Contractor shall be liable and shall pay to City the amount of said excess. 16.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 16.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and-deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. BID NO:2014-149-SR CITYOF MIAMI BEACH ;A`,,A BEACH DUE DATE: FEB 18,2013 28 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in -part without the written consent-of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. Rights of Various Interests: Whenever work being done by-City's forces or by other-contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and 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: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 29 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 212. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. . The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. BID NO: 2014-149-SR CITYOF MIAMI BEACH ,°vK'dA MO BEAC° DUE DATE: FEB 18,2013 30 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: r 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. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH 1v,1A;iV BEACH DUE DATE:FEB 18,2013 31 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. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. BID NO:2014-149-SR CITYOF MIAMI BEACH r:=lA;�,?I BEACH DUE DATE: FEB 18,2013 32 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the-Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid,by the Contractor. All BID NO:2014-149-SR CITYOF MIAMI BEACH AA B EACH DUE DATE: FEB 18,2013 33 f 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. 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 BID NO:2014-149-SR CITYOF MIAMI BEACH }P*1; =M DUE DATE: FEB 18,2013 34 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. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH i t,-APV`„BEACH DUE DATE: FEB 18,2013 35 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. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor' or BID NO:2014-149-SR CITYOF MIAMI BEACH "'o"It",vo BL-ACH DUE DATE: FEB 18,2013 36 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. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. BID NO:2014-149-SR CITYOF MIAMI BEACH ® M.1ANk BEACH s DUE DATE: FEB 18,2013 37 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered 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 interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the . BID NO: 2014-149-SR CITYOF MIAMI BEACH NvA ",P0 BEACH? DUE DATE: FEB 13,2013 38 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 twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in BID NO:2014-149-SR CITYOF MIAMI fVidAN/dBEACH t14/a; DUE DATE: FEB 18,2013 39 the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 1.2 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of-God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference BID NO:2014-149-SR CITYOF MIAMI BEACI-! DUE DATE: FEB 18,2013 40 on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate-Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one thousand four hundred dollars ($1,400) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required 'by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. r, CITYOF MIAMI BEACH =`f,� AC V0BEJw BID NO:2014-149-SR � � I DUE DATE: FEB 18,2013 41 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 stems required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within 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 indicated on the Drawings. No work called for by Shop Drawings shall be performed-until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for BID NO:2014-149-SR CITYOF MIAMI BEACH , ACH DUE DATE: FEB 18,2013 42 r all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints-of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. -Contractor shall submit the number of -copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop -Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record -drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury-or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; BID NO:2014-149-SR CITYOF MIAMI BEACH t.sdik/ BEACH DUE DATE: FEB 18,2013 43 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 erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred-to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and 'Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. Z Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs .established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. BID NO:2014-149-SR CITYOF MIAMI BEACH �fkirFt;, 8 DUE DATE:FEB 18,2013 44 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. BID NO:2014-149-SR CITYOF MIAMI BEACH t% IAM BEACH DUE DATE:FEB 18,2013 45 55. Proiect Records: City shall have the right to inspect and copy, -at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three -(3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 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: i. 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. 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. BID NO:2014-149-SR CITYOF MIAMI BEACH ikv, � ��t � �:Fl DUE DATE: FEB 13,2013 46 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 history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid_opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through-Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. BID NO:2014-149-SR CITYOF MIAMI BEACH r;(MAO BEACH DUE DATE: FEB 18,2013 47 A NDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender 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-6: Supplement-to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information 101AMIBEAC-n . BID NO: 2014-149-SR CITYOF MIAMI BEACH f��:R,�. BEACH DUE DATE: FEB 18,2013 48 A-1 C -;. �rz - �.'1 - k_ -chime+' - t .. � -:. - i .+•f Jl 1, ry. � 4 rs- ?cam+� N �- � •�.2r tL- � sib-r'3'� -,.L.�..`. ,a -��{S g- 5 � 5 ' 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. � 'n ?. 7_.�--s-d.-3- °-- '2•. 4-e v •.-F r� i�,-.. -gz-R,r- r`- _ '. ;. a•• r—c�• r,,---�. �..... -: .r. .fr. FY01-LIVFORMATIONALPURP®SES_®NLY, BIDDER SHALL SURfV1IT A DETAILED SCHEDULE®F �r ,�W L;X �r�.,r `�-z?=� '-L a- .rt.- r:"Fa -a 9;'.. ��!'Fu: , z-s` VAWES`BY DtVISJO- TFfAT�INCLUDES UNIT PRICES ON` COMPANY L'ETTERifiEA'® WITFt 7.-ntc�actssb t; .°a�--:,� ``a c"`t'•t -4° ... THE(R BID SUBMITTAL OR 1-iT�IIN THREE�(3},DAYS REC�t1EST Y CfTV ADMINISTRATION: 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. -h• �T6�2Q14149 r a FABRICATION �paND IRISTALIVTION:is OF 74'HANDRAIL ''PRO�ECT�TITLE• R-- .ro 1 SYSTEM NIDAD BUILDING TERRACE AT=NORTH w_ ¢: Y �� gir,5ia ,rr_ =r' 7S�-TORE BANDSHELL f?ARIE ,T� .;1 �� K s... a "`K•u.j`! "ir.€:?.>.- �, '?':, r -'_="-.a.: COMPANY NAME: George's Welding Services, Inca LUMP SUM TOTAL Numerical Total Base Bid($)1 $65,120.00 Written Total Base Bid(dollars)Z Sixty Five Thousand One Hundred and Twenty Dollars Lump Sum Grand Total $65,120.00 Section 2- Bidder's Affirmation: Company: George's Welding Services, Inc. Address Line 1: 11400 NW 134th Street, Miami, FL 33178 Address Line 2: Telephone: (305) 822-2445 Email: Estimating @geotgeswelding.com Signature: Title/Printed Name: Genera I'Manager/ Luz Amador 1 Numerical totals should be written using numerical characters(e.g.,$1,000.00). 2 Written totals should be spelled out(e.g., one thousand dollars). FAILURE TO SUBMIT THIS FORM AND BID BOND (IF APPLICABLE) WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE. BID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE:FEB 18,2013 49 A-2 _ BID TENDER FORM Submitted: February 18,2014 Date City of Miami Beach, Florida 1700 Convention-Center Drive Miami Beach,-Florida 33139 The undersigned, as :Bidder, hereby declares that the -only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without-connection with any other person, firm, or parties making a bid; and-that it is,-in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has-examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this-bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2014-149-SR FABRICATION AND INSTALLATION OF HANDRAIL SYSTEM AT UNIDAD BUILDING TERRACE AT NORTH-SHORE BANDSHELL PARK 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 th e event ev of arithmetical errors between the division totals and the total base bid in the IT B 'Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify-bidder. BID NO:2014-149-SR CITYOF MIAMI-BEACH DUE DATE:FEB 18, 2013 50 A®2 Acknowledgment is hereby made of the following addenda (identified-by number) received since issuance of this Solicitation: }� Y VWX n V .. Amendment 1 Amendment`6 Amendment 2 Amendment 7 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. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: 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: 2014-149-SR -CITYOF MIAMI BEACH � MIi=,N> BEA,C DUE DATE: FEB 18,2013 51 A-2 _(Sign below if incorporated) GEORGE'S WELDING SERVICES;INC. ATTEST: (Type or Print Name of Corporation) Secretary -- � President �v 5nature and Title) CORPORATE SEAL) Jorge Amador (Type or Print Name Signed Above) Incorporated under the laws of the State of FLORIDA..._.:.__. ..:.........:... ..._.. I BID NO;2014-149-SR CIT'YOF miAml BEACH s� DUE DATE:FEB 18,2013 52 pt i A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the -Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has-been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# #Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a -minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's'Email and 6) Narrative on Scope of Services Provided. BID NO:2014-149-SR CITYOF MIAMI BEACH ® iA}Y a °�_: BEACH DUE DATE: FEB 18,2013 53 A`3 8. Attach a list including the following information concerning all contracts in progress as-of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): 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 e. Projected Date of Completion per-Contract f. Percent.(%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? O Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and -the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: GEORGE'S WELDING SERVICES,INC. B. The business is a: ❑ Sole Proprietorship ❑ Partnership ® Corporation C. The address of principal place of business is: 11400 NW 134 Street,Miami,FL 33178 I D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 0:112 gg Jorge Amador,Sr. President Jorge Amador,Jr. Vice President Luz Amador Secretary Treasurer BID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE:FEB 13,2013 54 I 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. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. BID NO:2014-149-SR CITYOF MIAMI BEACH M(ACAI BEACH DUE DATE: FEB 18,2013 55 A®3 1. :List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization{s) were defendants. None J. Has the Bidder, its principals, officers or predecessor organizations)-been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. No K. Under what conditions does the Bidder request Change Orders? Owner/Architect Changes L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Jorge Amador,Sr.-50%and Luz Amador-50% DID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE:FEB 18, 2013 56 I 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. I 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 subdivision or agency thereof? 1:1 Yes El No 13.Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? 1:1 Yes El No If the answer to either number 12 or 13 is yes, attach a written detailed explanation. 14. Is the business entity a Miami.Beach based Vendor? 1:1 Yes 0 N 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 ❑No BID NO:2014-149-SR CITYOF MIAMI BEACH i AtIA;\.1 BEACH DUE DATE: FEB 18,2013 57 A�3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of firm Print Name Address Title: IF CORPORATION: GEORGE'S WELDING SERVICES,INC. Signature ..... ......Print Name.of Corporation Jorge.Amador 11400 NW 134 Street,Miami,FL 331.78 Print Name Address Title: President WITNES gna ze, jez Print Name Title: (CORPORATE SEAL) �.f Attest: . Secretary ry rr BID NO:2014-149-SR CITYOF MIAMI BEACH ®_ DUE DATE:FEB 18,2013 58 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this-Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014-095-SR. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO: 2014-149-SR CITYOF MIAMI BEACH 19" +A,N%!` BEACH DUE DATE: FEB 18,2013 59 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) .Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or -use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: .(i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or -(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO:2014-149-SR CITYOF MIAMI BEACH .Jr °''BEACH DUE DATE: FEB 19,2013 60 I A®5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as (name of person whose signature is being notarized) .(title) of , (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: BID NO:2014-149-SR CITYOF MIAMI BEACH tv'---JAhAd BEACH DUE DATE: FEB 18,2013 61 A®6 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 business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with .Domestic Partners. Additionally, a Contractor who offers no benefits to employees or-their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts.(bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered -by the Ordinance are only required -to -comply as to employees who-: 1) either work within the City limits of the-City of Miami Beach; or 2.) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). BID ISO:2014-149-SR CITYOF MIAMI.BEACH iM1%.,Ad „xb? BEACH DUE DATE: FEB 18,2013 62 A®6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City-contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or-to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, -or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along BID NO:2014-149-SR CITYOF MIAMI BEACH r°s tl },bit.;B EAC g DUE DATE: FEB 18,2013 63 i with the description of its employee benefits plan, which needs to be delivered to _ the-Procurement Director prior to-entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the_provisions of the Ordinance; • The contractor is required to post notice to its employees at its.place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet.unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. .8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: ■ Breach/default under the contract; ® Termination of the contract; ® 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 Intentionally Left Blank I .BID NO:2014-149-SR CITYOF MIAMI BEACH rA(M/0BEACH DUE DATE:FEB 18,2013 64 A-6 '. MIAMI, BEACH NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑Race _Yes_No ❑Sex _Yes_No ❑Color _Yes_No ❑Sexual Orientation _Yes_No ❑Creed _Yes_No ❑Gender Identity(transgender status) _Yes_No ❑Religion _Yes_No ❑Domestic partner status _Yes_No ❑National origin _Yes_No ❑Marital status _Yes_No ❑Ancestry _Yes_No ❑Disability _Yes_No ❑Age _Yes_No ❑AIDS/HIV status _Yes_No ❑Height _Yes_No ❑Weight _Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question, even if you do not intend to enter into any subcontracts. Yes No BID NO:2014-149-SR CITYOF MIAMI BEACH r°rA.i ;'`:"; AH DUE-DATE: FEB 18,2013 65 A-6 Question-2.-Nondiscrimination-Equal Benefits for Employees with-Spouses and Employees with Domestic Partners. When awarding com-petitively solicited contracts valued at over $1-00,000 whose contractors maintain 51 or more full time -employees on their payrolls during 20 or more calendar work weeks, the =Equal Benefits for Domestic Partners Ordinance 20053494 requires certain contractors doing business with the-City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits 99 to their employees with domestic partners, as they .provide to employees with spouses. 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. A. Does your company provide or offer access to any benefits"to employees with spouses or to spouses of employees? 0 YES 0 NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? 0 YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed -for consideration by the -City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.gov/procurement/ BID NO:2014-149-SR CITYOF MIAMI BEACH DUE.DATE: FEB 18,2013 66 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that l am authorized to bind this entity contractually. Executed this day of ,in the year ,at Signature Mailing Address Name of Signatory City,State,Zip Code Title -BID NO:2014-149-SR CITYOF MIAMI BEACH t dam;\/d BEACH DUE DATE: FEB 18,2013 67 A"6 MIA/01BEACH REASONABLE MEASURES APPLICATION -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.responses)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. GEORGE'S WELDING:SERVICES,INC 11400 NW 134 Street Name of Company(please print) Mailing Address of Company Miami,FL 33178 Signatu -City,State,Zip Jorge Amador (305)822-2445 Name of Signatory(please print) Telephone Number President 02/1812014 Title Date BID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 68 A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City-Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence-of-benefits providers willing to offer equal benefits to the City Contractor;and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave cash P a Y Y ment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO:2014-149-SR CITYOF MIAMI BEACH NA{.;�AAJIBEACH DUE�DATE: FEB 18,2013 69 A-6 OP MIAMIBEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM -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 Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open-Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the 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: 01/01/2014 Date nondiscriminatory benefits will be available: 01/01/2014 Reason for Delay: N/A Description of efforts being undertaken to end discrimination in benefits: N/A BID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE:FEB 18,2013 70 B. Administrative Actions and Request for Extension =6 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 delay to be granted under this provision, written proof must be submitted with this form that: i 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 O A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO:2014-149-SR CITYOF MIAMI BEACH Od i;Z/`, BEACH DUE DATE:FEB 18,2013 71 A®6 i I declare or certify) under penalty of the y) p y perjury under the laws of the State of Florida that �.he foregoing is true and correct, and that I am authorized to bind this entity contractually. GEORGE'S WELDING SERVICES,INC. 11400 NW 134 Street Name of Company(please print) Mailing Address of Company ezi4 C Miami,FL 33178 Signature City, State,Zip Jorge Amador (305)822-2445 Name of Signatory(please print) Telephone Number President 02/18/2014 Title Date BID N6:2014-149.SR CITYOF MIAMI!BEACH � DUE DATE:FEB 18,2013 72 ®7 . SUPPLEMENT TO BID/TENDER-FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE.DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181 known as the Trench Safety Act became law. This incorporates the Occupational Safety &-Health Administration°(OSHA) revised excavation safety standards, citation 29 CFR.S.1926.-650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding-on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and-cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE.BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The-Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ Name of Bidder Authorized Signature of.Bidder BID NO:2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 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:2014-149-SR CITYOF MIAMI BEACH 49 �R�`tIANA BEACH 'DUE DATE: FEB 18,2013 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 be extracted and recycled after the product has served its intended purpose. BID NO:2014-149-SR CITYOF MIAMI BEACH i 1AJV= BEACH DUE DATE: FEB 18,2013 75 I X A P N uw List of Plans and Specifications MIAMI BEACH. BID NO:2014-149-SR CITYOF MIAMI BEACH MIA,` BEACH DUE DATE: FEB 18,2013 76 LIST OF PLANS&SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY PBS&J Sheet Line No./ Revision/Date Title/Description Spec. No. ARCHITECTURAL/CIVIL PLANS - 1 A8.3 0/11-18-2013 First Floor Terrace Steps Railings SPECIFICATIONS 2 05521 N/A PIPE AND TUBE RAILINGS 6 01010 N/A SUMMARY OF WORK 7 02010 N/A EXISTING SUBSURFACE CONDITIONS 8 03100 N/A CONCRETE FORMWORK BID NO:2014-149-SR CITYOF MIAMI BEACH IM WAMBEACH DUE DATE:FEB 18,2013 77 A NDIX C Required Forms for Bid Submittal Note:Attachments below only apply if the adjacent box is checked) R ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-2o Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages MIAMIBEACH BID NO: 2014-149-SR CITYOF MIAMI BEACH m ;ht(,I f,,f it BEACH: DUE DATE: FEB 18,2013 78 C-1 ® BID GUARANTY FORM UNCONDITIONAL LETTER OF-CRIEDIT 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:2014-149-SR CITYOF MIAMI BEACH r%J,&,,\Ad BEACH DUE DATE: FEB 18,2013 79 C® 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:2014-149-SR CITYOF MIAMI BEACH i%AdA;M BEACH DUE DATE: FEB 13,2013 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. 942960 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:2014-149-SR CITYOF MIAMI BEACH r;' BEAC DUE DATE: FEB 18,2013 81 i i 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 F O ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 9 9 9 Y , 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:2014-149-SR CITYOF MIAMI BEACH BEACH DUE DATE:"FEB 18,2013 82 AP NDIX D - Required Forms (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 ................. M[Am . E CH BID NO:2014-149-SR CITYOF MIAMI BEACH � 1,r,j.�;��€", QE CH DUE DATE: FEB 18,2013 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:2014-149-SR CITYOF MIAMI BEACH ",,'IAN!?.BAC DUE DATE:FEB 18,2013 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:2014-149-SR CITYOF MIAMI BEACH t" ;1AJ\A BEAC DUE DATE: FEB 18,2013 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 nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions-(2.1) and (2.2) have been given. BID NO:2014-149-SR CITYOF MIAMI BEACH t,11A.A" BL C DUE DATE: FEB 18,2013 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 , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2014-149-SR CITYOF MIAMI BEACH ;",y tl f, r'i_ BA DUE DATE:.FEB 18,2013 87 D®3 CERTIFICATE AS TO CORPORATE PRINCIPAL certify-that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her-signature; and his/her signature thereto is genuine; and that.said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation -by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2014-149-SR CITYOF MIAMI BEACH P%,,i r'-;'`'AJ BEACH DUE DATE: FEB 18,2013 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: 2014-149-SR CITYOF MIAMI BEACH MIA-%Ati BEACH DUE DATE: FEB 18,2013 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:2014-149-SR CITYOF MIAMI BEACH ' BAf DUE DATE:FEB 18,2013 90 i r D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMB.E-R: 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:2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 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 T r for maintenance, heat utilities The responsibilities of City and Cont actor o security, mainte a , damage to the work and insurance shall be as follows: BID NO:2014-149-SR CITYOF MIAMI BEACH (}:,,%.".`BF,4,C!- DUE DATE: FEB 18,2013 92 D®6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date BID NO:2014-149-SR CITYOF MIAMI BEACH ",v'k1 A BEACH DUE DATE: FEB 18,2013 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:2014-149-SR CITYOF MIAMI BEACH � a"r;1AM B EAC¢- DUE DATE: FEB 18,2013 94 Nu") I A' Sample Contract MIAMIBEACH BID NO:2014-149-SR CITYOF MIAMI BEACH N1 slAM.1 BEACH DUE DATE: FEB 18,2013 95 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 GEORGE'S WELDING SERVICES, INC., hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty (120) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 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 and 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: 173-2013TC ® , �;�M,I BEACH DATE: June 17,2013 CITYOF MIAMI-BEACH 96 i 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 and 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: 2014149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18, 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 (1.0%) 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: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18, 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: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18, 2013 99 B.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 Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director BID NO: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 100 With copies too City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: George's Welding Services, Inc. 1140 N.W. 134th Street Miami, Florida 33178 Phone: 305-822-2445 Fax: 305-822-5298 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: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 101 i i 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: 2014-149-SR CITYOF MIAMI BEACH DUE DATE: FEB 18,2013 102 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BE H City C rk Mayor Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: Ilvelb) A)G; 1/ _T_A,�C-• (Name of Corpor CA4, By: s cretary) (Signature) (Corporate Seal) (Print Name and Title) a - ,sf day of A FAI L 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 'D I &' k,I AIJ BID NO:2014-149-SR CITYOF MIAMI B ACFii AN Date DUE DATE: FEB 18,2013 103 GEORGE'S WELDING SERVICES, INC. 11400 NW 184 STREET MIAMI, FL 38178 Phone (305) 822-2445 Fax (305) 8225298 Bid Proposal Noe 148889132 Bid Bate: 02/18/14 City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 305-673-7490 Fax 786-394-4011 Attention: Sandra M. Rico Allow us to submit our Bid Proposal for your project entitled: Unidad Senior Center-Handrail System Subject to the following Exclusions,Terms and Conditions: Scope of Work We propose to furnish only structural steel as per the American Institute of Steel Construction Code of Standard Practice as follows: Miscellaneous Metals Fabricate&Install: -Powder Coated Stainless Steel 316 Cable Railing System Notes Project Name: North Shore Bandshell Park Project Location: 7275 Collins Avenue,Miami Beach,FL 33141. This offering excludes the following: - Testing and inspections. - Connections of any type for other trades. - Demolition, shoring, removal, relocation, patch-up and clean-up work. - Bond cost. - Prevailing wages. - ANY ITEMS NOT SPECIFIED IN THE SCOPE Terms and Conditions: We propose to furnish material and labor necessary, to fabricate and erect as per A.I.S.C. specification, grades, and elevations to be established by others, the structural steel and/or miscellaneous metals. All structural steel shapes, bars, and plates ASTM A-36,.structural tubing ASTM A-500 are furnished as noted. Bid Proposal 148889R2 Bid Date: 02/18/14 Page # 2 -Price is based on drawings A-8.') dated 11/18/2013. WE MAY WITHDRAW THIS PROPOSAL IF NOT ACCEPTED IN 30 DAYS. We propose to provide this project as described above, for the lump sure price of $65,120.00 Thank you for the opportunity to submit our Bid Proposal for this project. Authorized by: Accepted by: Signature Print Name Rafael Burgos Estimator GEORGE'S WELDING SERVICES, INC. Date Department of Regulatory and Economic Resources �`��'o®�®� Small Business Development 111 NW 1 Street, 19""'Floor Miami,Florida 33128 Carlos A. Gimenez,Mayor T305-375-3111 F305-375-3160 CERT. NO: 3986 Approval Date: 08/13/2012-DBE August 14, 2012 ANNUAL ANNIVERSARY: 08/13/2013 Mr. Jorge Amador GEORGE'S WELDING SERVICES, INC. 11400 NW 134th St Miami, FL 33178 Dear Mr. Amador. Small Business Development(SBD), a division of Regulatory and Economic Resources Department(RER) has completed the review of your application and the attachments submitted for certification. Your firm is officially certified as a Disadvantaged Business Enterprise (DBE) in accordance with the State of Florida Unified Certification Program (UCP) approved by the U.S. Department of Transportation (FDOT) in the categories listed below. This certification affords your company the opportunity to participate in contracts throughout the State of Florida with DBE measures. Your DBE certification requires you to complete a Continuing Eligibility affidavit annually. To ensure timely processing the Continuing Eligibility affidavit is accessible at http://www.miamidade.goNdbusiness/business- certification-programs.asp/library/continuing_eligibility_package.pdf. A hard copy is available upon request and may be sent to you via mail or facsimile. Failure to complete and submit the required afida%At with the required supporting documents on or before your anniversary date may result in the removal of your company,from the-.Florida DBE Unified_Certification Program. If any changes occur within your company during the certified period (such as ownership, address, telephone number,.trade category, licensing, technical certification, bonding capacity, or if the business ceases to exist) you are required to notify this department within 30 days in writing. It is of critical importance that the current information regarding your company be maintained. All inquiries or changes related to this certification should be directed to Jacob Wilson Jr. in the Certification Unit. We look forward to your participation and success in Miami-Dade County's disadvantaged business enterprise programs. Thank you for doing business with Miami Dade County. Sin ely, Sheri riff, Director Business Opportunity Support Services Small Business Development Division Regulatory and Economic Resources Department(RER) CATEGORIES: four firm may bid or participate on contracts only under these categories) ALL OTHER MISCELLANEOUS FABRICATED METAL PRODUCT MANUFACTURING(DBE) FABRICATED STRUCTURAL METAL MANUFACTURING(DBE) INDUSTRIAL BUILDING CONSTRUCTION(DBE) COMMERCIAL AND INS T MJTIONAL BUILDING CONSTRUCTION(DBE) STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS(DBE) .c: Jacob Wilson Jr., Certification Specialist Veronica Clark RER SBD tjl L_ I Yr DBDR0020 v201207b6 Rico, Sandra From: GWS Estimating <estimating @georgeswelding.com> Sent: Thursday, February 20, 2014 3:54 PM To: Rico, Sandra Cc: Granado, Rafael;Vieira, Thais;Jorge Amador Jr; Luz Amador Subject: RE: Unidad Handrail Sandra, To confirm, our proposal is all inclusive of the items listed in the email below, along with fabrication and installation of the handrail system specified. Regards, Jounel Bonilla I Estimating Assistant estimatinq(@qeorgeswelding.com George's Welding Services, Inc. 11400 NW 134th Street Miami, FL 33178 P:305.822.2445 1 F: 305.822.5298 Visit our website at:www.georgeswelding.com Ui URTIF1 7 . `0 Please consider the environment before printing this e-mail. Disclaimer:This e-mail may contain CONFIDENTIAL information and is intended only for the use of the specific individual(s)to which it is addressed.If you are not an intended recipient of this e-mail,you are hereby notified that any unauthorized use of this e-mail,the information contained in it,or attached to it is strictly prohibited.If you have received this e-mail in error,please delete it and immediately notify the person named above by reply e-mail.Thank you. From: Rico, Sandra [mailto:SandraRico @miamibeachfl.gov] Sent: Thursday, February 20, 2014 3:29 PM To: Jorge Amador Jr; GWS Estimating Cc: Granado, Rafael; Vieira,Thais Subject: RE: Unidad Handrail Thanks, Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 O: 305.673.7000 x 6230 F: 786.394.4404 srico(@miamibeachfi.aov www.miamibeachfl.gov i r We are committed to providing excellent public service and safety to all who live,work, and play in our vibrant, tropical, historic community. From: Rico, Sandra Sent: Thursday, February 20, 2014 12:42 PM To: iorgejrCa@ eorgesweldinQ.com; estimating(@centralf loridaeguip.com Cc: Granado, Rafael; Vieira, Thais Subject: FW: Unidad Handrail Good Afternoon! Please review the attached and confirm that your firm has included the following information in your bid: In addition to the drawings,.please confirm that your bid is also based on the Technical Specification Section 05521 dated December 23,2013. ® Please confirm that your price is inclusive of all permitting and expediting fees. a Please confirm that your SS 316 railing system also includes the aluminum handrail, as specified. ® Please confirm that your firm has included all patch-up and clean-up that would be incidental to your work. Please note:YOUR BID PRICE CANNOT CHANGE.This scope must be included in your base bid number or your bid will be deemed non-responsive pursuant to the terms and conditions of the Solicitation.Any questions, please do not hesitate to contact me. Thanks, MI&M I BEACH . Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 O: 305.673.7000 x 6230 1 F: 786.394.4404 1 srico(@-miamibeachfl.gov www.miamibeachfl.aov We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. From: Vieira, Thais Sent: Wednesday, February 19, 2014 5:14 PM To: Rico, Sandra Cc: Cabanas, Humberto Subject: RE: Unidad Handrail Sandra, Please see comments attached. Thanks, MIAMSEACHN Thais Vieira, R.A., Capital Projects Coordinator CAPITAL IMPROVEMENT PROJECTS OFFICE 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7071-ext.2702/Fax:305-673-70731 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community. 2 From: Rico, Sandra Sent: Tuesday, February 18, 2014 6:00 PM To: Vieira,Thais Subject: Unidad Handrail Hi Thais, See attached for the only bid received for the handrails. Please confirm that this is the correct scope. I'm being proactive and moving forward in writing a template for the memo&summary. Can you give me a little blurb on the background for this project?Thanks. Thanks, NAIAMIBEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 O: 305.673.7000 x 6230 1 F: 786.394.4404 1 sricoCa?miamibeachfl.gov www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - b CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET " OWE TALLAHASSEE FL 32399-0783 AMADORf JORGE AMADO GEORGE'S WELDING SERVICES INC 15244 SW 54TH ST MIRAMaAR FL 33027 I 1 AC#,� 26�85 STATF OF FLORIDA Congratulations! With this license you become one of the nearly one million DEPARTMENT`OF .$,&SINESS ,,IUW9 Floridians licensed by the Department of Business and Professional Regulation. I PROFES S.L' A �� �� ,•L,�REGUL'AT. ONrk;.,.., Our professionals and businesses range from architects to yacht brokers,from I Y,LL ,,Y ;_� ,... _�,n;f;. boxers to barbeque restaurants, and they keep Florida's economy strong. =�{' i-4, F � I CGC150423.9 Q; 111°2 128001.853 Eve day we work to improve v Every y pro a the way 4 e do business in order to serve you Bette ; .; 3 For information about our services;please log onto www.myfloridalicense.com. I + CERTIFIE���Gr�tERk� ',:C-Oft,'' ACTOR' . There you can find more information about our divisions and the regulations that I' =M.v impact you,subscribe to department newsletters and lean more about the :GEbRGE`'S fit E-;,kaj RVI"CES INC Department's initiatives. Our mission at the Department is:License Efficiently,Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. E Thank you for doing business in Florida,and congratulations on your new license! ,cE�TIFID unde `tihe p=ovi�ioha � _ci $9 ;.gam?raEioa date AUG 31�v 2014 s ,1�.a810a663 �, DETACH HERE :"�2 TE b FLOR10A 4 `I3EPARTMEN ' aOF%BTJSINES ATID. FtOFESS.IONAL':REGUIJATIOI�T:" CONS 'RUCTION :INDUS'T'RY -T�ICENS1NG ;BOARD pJ- y,. 100663 e �- -'LICENSE NB � `x . ' :v ✓ a .r - .�r - w y. F.__-. is �3jr. .�*. ,>' 'h: �s:• - `.0.8`/_1 �0�,,2 X280,0=1.853 CGC150:4 X3:9 ..�_ ....�{!� L. a. 'sir 1� � �.�•``� :.fi' �',_ ,.:�.,a:�. y S .G�I�TEEA•-t,:.=.CON'I'1�AC:10-,F: ., . aerie de l ow S C ;tTI Larder t"he prov�.s `o?is of° Chapt1ik.0 Exairaior date o AUG 31 2 0�1� 1 JQ 3rt,'.t-: a - A:MAI30R:. ORG.B'_: AhLADO r: GEORGV S -VELDI G. V N S R ICES INC a 152.44 SW 54TH S^ 4 � M:1;�tAM 02 7 . 5 zR?:`CK. SCOTS : z K�.Iv...I,AthTSO . iO. RNOr't SECRETARY- QUI =-- - DISPLAY AS-RE__ RED BY LAW Sustainataility, Planning and Economic MIAMI-DAVE Enhancement Department e 111 NW 1 Street,19"Floor Miami,Florida 33128 miamidacte.gov T 305-375-3111 F 305-375-3160 CERM NO: 11262 Approval Date: 02/14/2012-SBE February 14,2012 Expiration® 1 p ate: Q2/28/20 5 Mr. Jorge Amador ANNUAL ANNIVERSARY: 02114/2013 GEORGE'S WELDING SERVICES, INC. 11400 NW 134th St Miami, FL 33178 Dear Mr. Amador Small Business. Development (SBD), a division of Sustainability, Planning and Economic Enhancement Department (SPEED) has completed the review of your application and attachments submitted for certification. Your firm is.ofncially certified as a Small Business Enterprise (SBE). in accordance with section 2-8.1.1.1.1 of the Code of Miami Dade County. This certification is valid for three years provided there are no changes rendering your firm ineligible for certification. You are'required to submit a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify your firm. Every three years you will receive a full recertification review'that may include an onsite investigation; SBD will also notify you accordingly. If at any time during the certification period, there is a material change in our firm, including, but not limited Y 9 to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business (es) or physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the following categories as listed below, affording you the opportunity to bid and participate on contracts with small business measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract needs. The directory for all certified firms can be accessed on the Miami-Dade County SPEED website http://wwr.miamidade.gov/sba . Thank you for doing business with Miami Dade County. Sincerel , NSA c "riff irector Business Opportunity Support Services Small Business Development Division Sustainability, Planning and Economic Enhancement Department CATEGORIES: (Your firm may bid or participate on contracts only under these categories) PRODUCTION AND MANUFACTURING SERVICES(SBE) SHEET METAL,FABRICATED(CUSTOM-MADE SHEET METAL f EMS)(SBE) SHEET METAL FABRICATORS AND IRON WORKERS(SBE) c: Jacob Mizrahy, Certification Specialist DBDR0020 v20111026 Jorge Amador Jr. 11400 North West 134`h Street,Miami, Florida 33178 Tel: (305) 82202445 email: jor�zejr@ Qeors!esweldinQ.com My Creativity and innovation have been instrumental in the development, management and design of key projects. Summary of Strengths With a degree in Business Administration and excellent business judgment I-have proven to consistently produce, analyze and execute financial trade-offs which may involve dealing with incomplete data and ambiguity. In addition manage multiple million do-liar projects and oversee completion of job responsibilities. Mork Experience 2011—Present, Executive Vice President George's Welding Services, Inc. • In charge of handling different functions from Project Acquisition, developing and maintaining client relationships, strategic planning, organizing to looking into minute details of the project from start to.finish. • Mastery of Project Cost,Schedule, Contract Negotiation, Bidding Process, Change Order Procedures, Engineering requirements, address staff needs and availability,jobsite correspondence, meetings and attend to jobsite issues that arise and develop plan of action to correct them. • Instruct team members to perform certain functions and oversee the completion of the job to deliver a finished product for the end user. 2010—2011 Chief Estimator George's Welding Services, Inc. • Managed and coordinated estimating department personnel, software and other resources used to perform the estimating functions. • Responsible for the oversight of the estimating process for all project bids, establish standardized procedures, methods and processes for estimating and training. • Oversee analysis of past performance on projects and establish estimating standards for all future estimates based on such analysis. 2007—2010 Steel Detailing Manager George's Welding, Services, Inc. • Prepared and supervised the production of detail drawings from architectural designs and plans for buildings and structures according to specifications provided by Architect/Engineer. 1992—2007 Senior Project Manager George's Welding Services, Inc. ® Managed and supervised assigned -operations to achieve goals within available resources. • Planned and organized workloads and staff assignments, train, motivated and evaluated. assigned Staff; review progress and direct changes as needed. 1 of 3 Jorge Amador Jr. 11400 North West 134`h Street,Miami, Florida 33178 Tel: (305) 822-244 email: jor2eir@geor2esweldinsi.com Education Broward College Corporate and Continuing Education March 2012 Tuner School of Construction Management Program American Welders Society November 2011 Ironworker Welder Certification TEKLA, Inc. June 2009 Structures Training in Steel Detailing and Fabrication American Institute of Steel Construction, Inc. April 2007 Structural Steel Estimating and Proposal Preparation Florida International University February 2006 Advanced Professional Certificate in Project Management State of Florida Department of Business and Professional Regulation December 2001 General Contractor Examination Miami Dade College April 1996 Associate in Science— Business Administration Summary of Qualifications Certified Welder Certified OSHA 30 Hour Fall Protection Training Licensed General Contractor Certified Equipment Operator CPR Training Tekla Cad Detailer FabTrol Certified Advanced open water driver Selected Projects a Berkshire Elementary School West Palm Beach, FL ® Boca Raton Fire Station #S Boca Raton, FL ® Broward County Courthouse Fort Lauderdale, FL 0 Broward Community College Campus— Parking Garage Ext. Davie, FL o Broward Health Sports Medicine & Orthopedic Center Fort Lauderdale, FL Broward General Medical Center Fort Lauderdale, FL • 1060 Brickell Condominiums Miami, FL • Brickell Honda Addition Miami, FL • Calder Race Course Phase I & II Miami, FL • Cooper City High School Cooper City, FL • DCT Commerce Center—Pan American Doral, FL • Deerfield Beach Pier Renovation Deerfield Beach, FL • Discovery Elementary Sunrise, FL • Doctors Hospital CEP Renovation Phase I & III Coral Gables, FL ® Dolphin Mall—Miscellaneous Metals Miami, FL 2 of 3 Jorge Amador Jr. 11400 North West 134`h Street,=Miami, Florida 33178 Tel: (305) 822-244 email:joraeir@ Qeoraeswelding:com Continuation of Selected Projects • Dolphin Park of Commerce-Phases I & II Doral, FL • Doubletree Convention Center Miami, FL • FAU Engineering& Computer'Science Bldg. Boca Raton, FL • First Baptist Church at Weston Weston, Ft • Florida Atlantic University Football-Stadium Fort Lauderdale, FL • Fort Lauderdale High School Fort Lauderdale, FL • Florida International University School of Law Miami,-FL • Florida International University Lakeview Housing Miami, FL • Freedom Tower Miami Miami, FL • Hialeah-Gardens High School Hialeah Gardens, FL • Lauderhill Performing Arts Center Lauderhill, FL • Marlins Stadium Fixed Roof Columns Miami, FL • Miami Beach Edition (fka Seville) Hotel Miami Beach, FL • Miami Children's Hospital Chiller & Cooling Tower Replacement Miami, FL • Miami Dade College North Science Bldg. Miami, FL • Miami Lakes Elementary School Miami Lakes, FL • Miami International Airport—Various Terminal Improvements Miami, FL • Miami Science Museum Miami, FL • Milander Auditorium—Grand Staircase Hialeah, FL • Mizner Park Cartoon Museum Boca Raton, FL • Northeast High School Oakland Park, FL • Ocean Palms Condominiums Hollywood Beach, FL • PNC Bank- Oakland Oakland, FL • PNC Bank—Federal & Fourth Fort Lauderdale, FL • Palm Beach State College Public Safety Training Center Lake Worth, FL • Port of Miami Tunnel —Elevated Platform Miami, FL • Port of Miami Tunnel —Jet Fan Supports Miami, FL • Ravenswood Bus Maintenance Facility Dania Beach, FL • Ritz-Carlton Di Lido Miami Beach, FL • Safeguard Storage Design District Miami, FL • The Galbut Family Jewish Community Center Miami Beach, FL • The Ivy at Riverfront Condominiums Miami, FL • The Marquis Condominiums Miami, FL • The W Hotel Fort Lauderdale, FL • Total Bank—Bird Road Miami, FL • Total Bank—Cypress Creek Fort Lauderdale, FL • Town of Davie Water& Wastewater System Expansion Davie, FL • United Airlines Cargo Building at Miami Int'I Airport Miami, FL • West Boca Branch Library Boca Raton, FL • West Regional Library Plantation, FL • Young Circle Arts Park and Amphitheater Hollywood, FL 3 of 3 a) rn N N N 00 r- r` l0 O u aJ 00 I:r �T O 00 00 ri (n m -0 c E r-I Ln M M M 01 M M N O O LO Ln to b lD V Z LA In et lzt Ln l0 w O O u1 Ln Ln O 00 00 .� 00 M M a) m 0) M r- r- 4 r\ se 0 C�1 � `�' r-I a 1 ri r� ry r.{ ri IV > �- � L Q, co u a u L c u :J O O O O O Q O O O O O O O O ri M O O L11 O O u Op O Cn Lo a1 � O O O cp Y o co .M-i M co m o m � n�i rn M Ln o N +tt th to cry to tn. +n Q E •L y O - N1 LL Q Q u O = c .Y O vi vi vi V' U' C c � C_ _C C C O O �y O O td E E E O U U U Q N U N U C C !h0 ym O U Q Q Q O J O J U U �a aJ p gym+ vi U U to U iv 1- C N a a, ai C 'O ,� 'a o (U � E E E C N •L N •L L O U m O m O �7 cc U �m -`� r-1 2 a u. a u. 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LL J y LL U Qj j C7 J QJ <L m L m L L' LPL co J J J C J 1 LL LL LL LL 4� LL LL LL LL LL LL LL i E c c O_ ftS CO r6 Ln ro L U CO CQ Lo r6 ro 0 c c oo c t s c v o CL u m v v vi L L Ln Ln (A Q1 +� {+ C U O to 4J Q) O U C aj tl c O v >- > > C U io L y E v L7 o Ln a c a c Q a L„ c > Ln �_ _ _ E L °- o u U z O C O L — J f0 fQ O U ►-+ C H U ro �m, co Ln C C 'O rp Q) 2 CL C }' Q1 U O O C O LM > H H W p Q1 ' C +� s� :c O aJ C C 'CJ c C _ (o fu L C CA C C N C C Ln U L O QJ O 3 QJ Lo L L — CA W L °p CO Q1 CU O m U Q) 3 J Q t/i aj C to +, +, = O -C �+ cu o u _ c 3 u - = �' -C H c L 3 U �- —_ CD Z 3 mo ra cv .�' co L c C: a U C 0 Ix" (31 E Ln O 'Q L O E Ln L J L 41 m d O m 0 C rn CoJ m ° 2 LL O LL -j U U . 1 .N c3 c 8 LL N �+ _ ®p .T o 4) U COOD IZZ cn (ri I X� )ao cc ® cn 40 13, LL 0 w L Q� I O 2 i Rafael Burgos OBJETI VE: The main objective is to provide the company with a very accurate and dynamic strategy of work, high sense of responsibility, leadership, independent judgment, confidentiality, teamwork, quality and professional ethics. EXPERIENCE: -Construction Company#5 of Industrial Building Villa Clara,Cuba Technician in Industrial Building 1984 to 1988 • Calculated costs and determined feasibility of projects based on analysis of collected data, applying knowledge and techniques of engineering and advanced mathematics. • Inspected construction sites to monitor progress and ensure conformance to engineering plans, specifications, construction and safety standards -Construction Company#5 of Industrial Building Villa Clara, Cuba &Felix Varela Superior Institute 1988 to 1995 Project Manager and Professor of Soil Mechanics • Directed and participated in planning, designing and reviewing plans for erection of structures requiring stress analysis. • Inspected existing projects and recommended repair, replacement of defective members or rebuilding of entire structure. • Prepared and directed preparation and modification of reports, specifications, plans, construction schedules, environmental impact studies and designs for projects. • Conducted classes for university students in Soil Mechanics. -Glassalum International Corporation Miami, Florida Planning and Production Engineer 1998 to 2005 • Anchor design for high rise buildings, drafting and structural solutions. • Planning, control, coordination and supervision of the production of all documents and drawings to be assembled in the factory. • Detailing of production papers and structural solutions required for submittal and approval of Structural engineer. -Three Rivers Aluminum Co(TRACO) Miami, Florida Project Coordinator/Design Engineer 2005 to 2006 • Planned, directed and coordinated manufacturing processes in industrial plant for curtain wall products • Assisted subordinates and supervisors in identifying and resolving problems. • Conferred with management and engineering staff to implement plans and recommendations. • Planned, designed and directed curtain wall projects. Analyzed reports, blueprints, tests, Structural and Architectural drawings. • Inspected construction sites to monitor progress and ensure conformance to engineering • Plans, specifications, construction, installation and safety standards. • Note: Finished as a result of TRACO's decision to exit the Custom Architectural Marketplace -MCM Corp Miami, Florida Estimator 2006 to 2009 • Analyzed blueprints, specifications and proposals to prepare time, cost and labor estimates for products, projects and services. • Reviewed data to determine material and labor requirements and prepared itemized lists. • Computed cost factors and prepared estimates used for management purposes. • Factors included planning, organizing and scheduling work, preparing bids, selecting vendors and subcontractors and determining cost effectiveness. • Consulted with clients, vendors and other individuals to discuss and formulate estimates and resolve issues. • Restructured and improved scope of work for subcontractors. • Wrote and produced estimates in Primavera Expedition • Identified problems, diagnosed causes, produced RFIs and determined corrective actions. • Studied work orders and construction proposals in the buy out process • Assisted Project Manager and Field Engineer to resolve problems related to change orders during the construction process. -George's Welding Services Inc Miami, Florida Chief Estimator 2010 to Present • Analyzed blueprints, specifications and proposals to prepare time, cost and labor estimates for products, projects and services. • Reviewed data to determine material and labor requirements and prepared itemized lists. • Computed cost factors and prepared estimates used for management purposes. • Factors included planning, organizing and scheduling work, preparing bids, selecting vendors and subcontractors and determining cost effectiveness. • Consulted with clients, vendors and other individuals to discuss and formulate estimates and resolve issues. • Wrote and produced estimates in Fabtrol. • Identified problems, diagnosed causes, produced RFIs and determined corrective actions. • Supervision of all work to in the estimating department. • Assisted drafting department to resolved problems during Shop Drawing Proccess. • Assisted Project Manager and Field Engineer to resolve problems related to change orders during the construction process. COMPUTER SKILLS: AutoCad, Microsoft Words, Excel, Primavera Expedition, Timberline, On Screen Take off, Fabtrol EDUCATION: Central University-Villa Clara, Cuba 1984 Civil Engineer,Straccuire Specialist Central University-Villa Clara, Cuba 1993 Graduated Certificate of Structure Theory Nelson Fernandez Estevez-Villa Clara, Cuba 1986-1988 English language high level Engineer Intern(#1100005971)-Miami, Florida 1999 Miami Micro Data, Inc.-Miami, Florida 2006 Using Primavera Expedition for Project Controls Associated General Contractors of America-Miami, Florida 2006 Supervisory Training Program Miami Dade College-Miami, Florida 2010 PE Civil Exam Review General Contractor License(CGC1519465) Civil-Engineer PE License-Miami, Florida-Progress REFERENCES: References and supporting documentation will be furnished upon request. 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