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ITB 2014-086SR Citywide High Tide Mitigation Project INVITATION T I D CITY-WIDE HIGH TIDE MITIGATION PROJECT ITB No. 2 014-086SR i BID ISSUANCE DATE: DECEMBER 18, 2 013 BID OPENING: JANUARY 31, 2 014 @ 3:00 PM ISSUED BY: MIAMI.BEACH 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 www.miamibeachfl.gov a FORM OF PERFORMANCE BOND momo mo. 60096e43 '-----'-� BY THIS BOND VVe sooTeEnn __. as Principal' hema/n,afteroaUed Con�r actor . and _CAPITOL INl��ITY oonponAzzoo aS :.)urety, ns bound otoet r K�/�n�^ ��sfih F�rida. as Ob//gee, h�nsina��/ called City. /n the amount, of Three Hundred Fifteen and 00/100 OoUF;r (G_?8 8 3 15.,0 0_-` forths ��ymaniwh�r�of Con�nac�or �o � sdminstnhand Surety bind bhen/se|ves. th=k heirs, exeou zrs' suooeseo/s and asnions. jointly and severaUy ' YVMEREAS, ��nn�ra C�,r h�� byw/h��en ��r L d i ito a Contract, Bid/Contnso( ~� ' Wo � 2014'086sn �w/ard�d the / '� _ day nf 2O_��__. with C/ty ^vhl;ch Contnac,� Ououme�nTa are by ns5ensnce /ocorpone��d here�n �nd rn�d� e pa� hereoi a.-n, so-ci,"oaUy indude prov/sion for liquidated denn;ageu., and other danisges idendfied, end for ih- purposes o[ this 8onci are henaa-Ifter referred io as the "Contract.^ THE CONDITION OF TH|B BOND is 'that /fContractor- 1 Performs Lhe Con'ssct bet v n Contractor and City for construction of CITY-WIDE HIGH zzoo ozzzoAzzon pnoJcoz the Contract being made a part of this Bond by reference, at the Urnes and in the manner prescribed in the Contract, and 2 pays City all /oases liquidated darnages, expenses, costs and attorney's fees ino|udirlg appellate proceedings, that City sustains as o result of dehau(/ by Contractor under the Contract; and J Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VD/D. OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and dao|ansd by City to be, in default under the ContraoL 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 ContnsoL Documents; or 3.2. DbLo/n a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Ooournents, and upon determination by Surety of the lowest responsible Bidder, or, if City e|eota, upon detenninafion by City and Surety jointly of the |ovvasi responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though |hona should be a default or a succession of defaults Linder the Contract BID NO:zO14'umo3R o|TYOF MIAMI BEACH DATE: December 18.2u13 85 �� ' � FORM OF PERFORMANCE BOND (Continued) or Contracts. cornpletion arranged Unu r ire; paragraph) s Illfiv��rli- run Ij to !;i- cas o� co ripe e^C `he- h'' nc.- of the COrtrd Price, � It not p~y I..ioh IvJ� i. 1i1;Iv` ;I ( i eXceeding; !ncll-ding, Other costs and damages lag es for which the Swett' r;1y be liable he reUnd�:r the amount set forth In t,r flrSi paragraph, hereof. 'Th t rm balance of th.. Contract Price." as Used in this paragraph, shall me�nrl the total am0-'nI p a y.�-,! b, r i;.y to Contractor under Ir n. Contract and any thereto. less the an-lount properly paid by i:ie; r:: �;ontractor. No right of action shall�accr us: on this bond to or foi-the use o- any person or Gorr+oration U11l— 'than C!'ty nar nee herein I ri �Ur hereby I'v`. t d re y .� ��/ ,�; ;; ,:7 l i i'�e 01 an = - thr:t. mil changer In ,� I bider tf?e n rcct �Oci_i ,en z ar-A rc;n-I,illanc_e Gr non,carnp ! '!-I,-e :'i!i l any fOl m2ilii S C;Orinn,'+e;j , illjI tf e Contract C)r t'!e �(-Irrl =j does not aflec! SI_;IcI ' ( f e' �� ' rl(` �oliga ion u .d t I ;_�o )ignied and sealed ti 1kz --- -- `a OI — �� ---- 20 14 VJ/I TN-"-SS SOUTHERN UNDERGROUND INDUSTRIES INC. (Name of Corporation --- —cep a�6oZ m----- 5t': ----- ---- (COP,P( } T E Z rr � (Print Name and Title) �Z�IDUnD�b IN THE PRESENCE OP: INSURANCE COMPANY: CAPITOL INDEMNI Y CORPORATION ay: ----- Agent and Att rney-in-Fact - Charles J. Nielson Nielson, Hoover & Associates Address- 8000 Governor Square Blvd., 4-101 (Street) — _ _ Miami Lakes. Florida_3_3_016 (City/State/Zip Code) Telephone No.: (305) 722-2663 BID NO: 2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 86 ' ~ FORM OF PAYMENT BOND BY THIS BOND. 'V�/e ��U_-NiDE_RGROuNDINDUSTRIES, INC. aa Pr/ncipa|. here/na'!:-LercaUed Coninaotor . �n� ��]�� zmo�*wzz/ oonpo��n� �s8ure�y. ore bound to the City of 'Miiarni B��oh. F/orid� e� Ob|ig_-e, hereinafter oaUed City, in the aimoun oi Seven xunureu ��htx-Ei-ut Thousand Three Hundred Fifteen and_gg/100 Oz!|srs (S788'315.00__�� for the paymsn� oh�raof Contraotu/ and Surety bind themse|ve"s 1heirheir�. oxecu ors edm/nistrators successors and aasigns. /omdy and sev.-ra||y. YVHEREAS Contra-_-L,-,/ hes wht��n �gre�m�n� entered into a Contract. Bid/Con'raui No.: _2014-086SR___' av/anded the dayof 20 14_ yith Cicy Documents a:- by ,ehsrenC-e_ inoorporoteeU he�,eineind mLqde a pari, hareo/ en� � ap�c��caUy ino|ude provision fo, damages, and oth�, d�/nages idanh��d. �nd �n' �he purPosesol this Bond are herea,�ft-erre|ernadtoasthe ^Coninazi^. THE CONDITION OF THIS BOND is that ifControoLor, 1. pays City all losses, liquidated darnages, expenses, costs and attorney's fees including appellate proceedings, that Ciiysustains because of default by Contractor under the Contract: and 2. Promptly makes paym-ents to all claimants osdefined by Florida Statute 255.05(i) tor all |abor, materials and supplies used directly orindirectly by Contractor in 'the pe ' ,manoe of the Contnsot� . THEN CONTRACTOR'S OBLIGATION SHALL BE VD/O. OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT 8UBJECT, HOVVEVEF<, TO THE FOLLOWING CONDITIONS: 2.1 A o/aimont, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, nnaheha[s, or supplies shall, within forty-five (45) days after beginning to furnish |abor, rnateha!s, or supplies for the prosecution of the mxzrk. 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 /abor, rnateria|s, or supplies shaU, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor- and to the Sunaty, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayrnent. 23, No action for the /obor, nnaterio|o, 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:2U14-038S� c|TYO� �|��| BE�CH � DATE: December 1e.2O13 87 � ®®2i 2.= Any action under this Bond must be instituted in accordance v,,ith the Notice and Time Limitations provisions prescribe' in Section 255.05(2), riorida StaIUtes. The Surety here-by v�aives notic'.e i r oe, _. n -,. .� } o. and mgr„ ,; �;gat any cnanges in or i�r!��' the- Contract Documents and or nonCompliance oiijm' any Tormalitiev connected Vl!ith the Contract or the crhanges does not affect the Surety's obl!gaiion under this. Boni :�igr; c; and sealed tn!s t da,� of iz� 20 14 -- -- — Uontracto. A T! ES i : SOUTH-EPN7 UNDERGROUND INDUSTRIES, iNc. ra ---- ______.---- ___ -J e _� .- Cr iary �pU n d — ---- -- -- - ( (grip i!.1r o�Flor- C'0 pt P� ti CD' (Print Name and Title) G Z04� 17 day of 20-14 - IN THE PPFSFN _'��i3s INSURANCE `OMPANY: CAPITOL IN IT CORPO BU. Agen and A-torney-in-Fact-Charles J. Nielson Nielson, Hoover & Associates - -- �.--- Address. 8000 Governor Square Blvd., T101. (Street) Miami Lakes, FL 33016 _ (City/State/Zip Code) Telephone NO. (305) 722-2663 BID NO: 2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 88 s CERTIFICATE AS TO CORPORATE PRIIvCiPAL 1, ?f'h !!•'L-,--- ��•� -�'r" �G�+•c� certify that t I am the Secretary of the corporation narned as Princip_,I in thy. foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that �_ �-rt x_01"n6.1 who signed the Bond's) on behalf tof the Principal, %.vas th n of s=id corporation; that I kn&.-v his/he,- Slgn=t i E; and i tiS/rler Slgn,t'ar-e i(ieret.U.7 I'= C,^n!lirl and ih?. S�!d Orld�S� �:`:'�S (were duly signed, Sealed ar-id attested to on behalr ` corporation b;< ai_itriorlly, of Its governing body. so o G gooz — -- -- ---- &EA > Secrete n/ (on bef is i o � Corporations STATE OF FLORIDA ) j SS COUNTY OF MIAMI--GADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, aE�peared �, Lfne-r�!�O ��1 1-U��- -- to me well kno fin who being by me first duly s�ivorn upon oath says that he/sue- has been authorized to execuie the foregoing Performance and Payment Bond (Performance Bond and Payment Borsd) on behalf of Contractor name;d therein in favor of City. Subscribed and Sworn to before me this Tk day of 20 14 a My commission expires: AV o ry Public, St to of Florida at Large AJ Fril"2' Bonded by � , ..V MMis•.9G Off';• APri/'9sip..0- ` Q • ° The provisions and limitations of Section 255.05 Florida Statutes, ; including but not limited to the notice and time limitations in '�,;s�°�°e�nte� .•• Sections 255.05(2) and 255.05(10), are incorporated in this bond t by reference. BID NO:2014-086SR CITYOF MIAMI BEACH C. DATE: December 18, 2013 89 :Z. y NV., 1.4 i 1-Ti4, I.jj,1�l1yj,#_ 4,f4j. vivili 20f j" U I'l i�Jff WAI,�L Ittif �1ff ffla�i4 1141 1 144A44 m f4kifui,;-j"N44 Nfi,—XMI','JW1Y%` '4 ..p -lilt WRa CAPITOL INDE-MNITY CORPORATION 60096943 POVVER 01'zk,TTOR.N Eli' B H1 I- PPRE�:_FNTI-'.. KN W�N --------DAVID R.HOOVER-CHARLES D.NIELSON-CHARLES J.NIELSON;JOSEPH P.NIELSON—------—----—---—-—----- T -lic ;1,1 1_!�k I'LL! _::I�__z _'i 1.2 0 J; ---------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000.00--------------------------------------- > 44�_A� COR Pi WATION 1,n CAM .',C�4 11'ESO IN ED.th,11.lilc P[ 0I I r+zz Lhi: Powcr zind _Iluh,irl :IoM W '.irilolnf P fh'' 1"(1i i)' W! t:.I1L, .01 1 ''i!, L[II(I (If'! 'ralk C% 11all-il-':111� !it I '7Z ji 1&41 lia c ch�-poi-I,,:r, ind--d U I i0',Ll'-;1�1 I LI 1-I I i%:- I,I 1,� ziLi.0iT,10� Ot 1.0 'Lill. t I li 44 01-C:P_1iIIl;IC: sha!l V,,: �,thd Jiid lipor, ill,, jil" 'i"ll :nd laClilllik-' SCA ChLlIl h0 '—did illid Ll'_)011 Li I 1 11 I',_, Fj k: o 1 i IJk I" thereoi t,.,, %I,,hi,:h I. k:tu�ichcd. ill c: JIV);,"Mi III jlla� %T 0i"Llid _RFOI, I'll ON I I Li LI u 1`1 t! C 11 d I!I I I, IN NVI I'N E S S N 1-1 E L I I C_ P ITO t.I N D 1`1.�I N IT V CO R P 'F ckwporat,� cal uo be her._-[o dilk at[csl.,.d.th _111'i d,[.\ (if M.t%._101 1. % X. A i e.,,t: PFUM.(NI)LM,�ITN )I,Ili W,-VI_1( C Allcn Ili S-)E AL I--- & s T..\T E 0 1 S CO N S I.\ C'O UN"I'Y 0 D A N 1_-� Or.ille Ild da� of -.1)"Alk,L:amlc D"I'I(I F.P:0.11'..I0 Itk'11 11"I'A 11.'m\ _Ic� mc oul\ ill IIIC C01.111tV017 Dilile.staic:01 0I,;,Coi-1,1hI1 LhLlt hic il-:Pr,-idoni nt CAPF1 01. INDE'MNITY C0RP0RrVr'U`1"1.0-1c I'm \�,k:zz S h-,IvIll !I'll llt�1,11OV, 111C M'LI 1()i 111(2'I-L!jCI C�ll l_1'0j_,'__L W[j:(11,t� lj`.0'O"Ll \,2d I c. �ald I n-![,Ll 11'11!1� I LIC[-I 011'!)Olol._� I it a�so affixtd by order of tl;ic, F;cj:IFJ oi corpol-11[loll and thal 11-1, Ili-ncaniio th�-lvto hi� Ijkc orck,r. 141 SQTXFF OF W1SCONSIN, NCII-ff', PUhh-'.Dunt�Co W-1 COU.NTY OF DANE C_i ART IF)C 21.1-E 1. file CIILII\ C!0Ctr_,d icy the OffiCe �LMCCI hdo\�� llwii file inimill-1,21-It in C)LI11-1-01, INDENINFFY CORPORA.T10-N". _Wi,ccln>:n Lt I I S -REBY CERTIFY that d -d rclll�lin,I!-, I'Lill forCl2 ilild ha_,� thi, yzcrtifi�:zue.DO H17. �y. not been rc\oked-,"III(I 1111-thern-torc.Lhf�it th�� of III---- Board clf'E)Irk�,.*1y)v,,.�C[ forth in lhi_, Po,.,.Lr of Att_0I'Ilk.!% 1: 110"; H-1 Si-ned and waled Lit the Ciry of\,liddleton.5rato of ihll� 014 T' SEAL Aktn ,�.nL1:j-,jC THIS DOCUNMENT IS NOT V I LID UNLESS PRINTED ON GRAYSHADED BACKGROUND V.:—r- 1 '--,,ED SERIAL NU.,%1BER VN THE UPPER R IG H T H A N D CO R NER I F YO U H W E A N Y U ES TI ONS CC)\NC EV4 1,NG T P L Af_�TL[E NT I C 1 T Y 0 F T FI I S DOC Ll-,N,1.Ei-1-111-CA L L.8(ji`-J 7 4-i�z -PL)A I I NTU �tqtv ftutyl—tim-m� -fttt+ -10 tv-it" .;r-. AA W 'T-Hr'Y V �07.y -4'tT4 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfi.gov COMMISSION EMORANDUM TO: Mayor Philip Levine and Members of he City Co mission FROM: Jimmy L. Morales, City Manager DATE: April 9, 2014 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2014-0 6-SR, CITYWIDE HIGH TIDE MITIGATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $788,315.00 429-2454-069357—CITYWIDE TIDAL FLOODING MITIGATION - PI-11 $788,315.00 Total Also included in the funding above is an allowance of $200,000 for additional future work that may be required in other neighborhoods, another $71,665 for a 10% Project Contingency Fund. This additional funding will assist in expeditiously.providing tidal flooding mitigation services to other neighborhoods not specifically listed in this Solicitation. 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. 2014-086-SR is to establish a contract, by means of sealed bids, with a qualified firm to provide Tidal Flooding Mitigation services due to increased concerns about tidal flooding in the City of Miami Beach. The services rendered under this contract will provide the City with a solution for tidal flooding in the following residential neighborhoods located within the City of Miami Beach: • Neighborhood No. 11 /West Avenue: West Avenue & 8th Street • Neighborhood No. 11 /West Avenue: West Avenue & 11th Street • Neighborhood No. 7/Nautilus East: 47th Street& Royal Palm Avenue • Neighborhood No. 7/ Nautilus: 44th Street& Post Avenue, &Royal Palm Avenue • Neighborhood No. 5/ La Gorce: North Bay Road & La Gorce Drive • Neighborhood No. 5/ La Gorce: North Bay Road & 52nd Street 13 Commission Memorandum—ITB 2094-086-SR—Citywide High Tide Mitigation Services April 9, 2094 Page 2 The Scope of work shall consist of the replacement of storm water structures and installation of tide flex checkmate inline check valves in ten (10) existing structures and five (5) proposed structures. The Scope of Work also includes roadway restoration, milling and resurfacing, reconstruction, pavement markings, traffic control and other miscellaneous work items necessary for a complete and functional installation. ITB PROCESS Invitation to Bid (ITB) 2014-087-SR was issued on December 18, 2014, with an opening date of February 3, 2014. A pre-bid conference was held on January 26, 2014. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Florida Purchasing Group issued bid notices to a total of 411 prospective bidders. A notice was also published in the Daily Business Review newspaper. The advertisements resulted in the receipt of the following two (2) bids. Through the Department of Procurement Management's review of each bid for responsiveness, all bids were deemed responsive pursuant to the requirements listed in the Solicitation. In determining responsiveness of the responding bidders, the Department of Procurement Management has verified the following: A. Minimum Requirements All firms are state certified and licensed contractors. B. Financial Capacity D&B Reports were obtained for all bidders and were verified that none have a "High" Supplier Evaluation Risk Rating. C. Past Performance It has been confirmed that all bidders have submitted (3) references for whom the proposer has completed work similar in scope and volume as the work referenced in the Contract Documents. References are projects completed or in progress within the last five (5) years. Bidders also provided evidence of completing a minimum of three (3) storm water drainage projects involving installation of pipes 18 inches in diameter or larger in the past ten (10) years. Bidders also submitted evidence of completing a minimum of three (3)projects in a high water table area in the past ten (10)years. 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 $281,665 allowance for additional future work, 10% Project Contingency Fund, and in-house engineering services. Contractors Submitting Bids Bid Allowance Total Contract 9 Amount Amount Amount Southern Underground Industries, Inc. $516,650.00 $281,665.00 $798,315.00 Ric-Man International, Inc. $606,563.11 $281,665.00 $888,228.11 * A bid was received from David Mancini & Sons. However, subsequent to the receipt of bids, David Mancini & Sons has withdrawn its bid response. 14 Commission Memorandum—ITB 2014-066-SR—Citywide Nigh Tide Mitigation Services April 9, 2014 Page 3 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process and Section 2-369, Miami Beach City Code, which states that the following criteria shall be considered when making an award recommendation: • The ability, capacity and skill of the bidder to perform the contract. • Whether the bidder can perform the contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. The City Manager recommends to the Mayor and City Commission to award the construction contract pursuant to this ITB to Southern Underground Industries, Inc., as the lowest responsive, responsible bidder. Southern Underground Industries, Inc. has been providing underground construction services to South Florida since 2008. They have extensive experience in stormwater drainage, underground utility, and roadway construction serving Miami-Dade, Broward, and Monroe Counties. CONCLUSION The Administration recommends the award of the contract to Southern Underground Industries, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-086-SR, for the Citywide High Tide Mitigation Project, in the amount of $516,650; plus approve a project allowance of $200,000 for the expediting of additional future work; plus approve a 10% contingency of$71,665.00 for a not-to-exceed grand total of$798,315.00. JLM/MT/EC/AD T:IAGENDA120141Apri11APRIL 9-PROCUREMENTIITB 2014-086-SR-CITYWIDE HIGH TIDE MITIGATION PROJECTUB 2014- 086-SR-Citywide High Tide Mitigation MEMO.doex 15 NA] CITY OF MIAMI BEACH 1 1700 Convention Center Drive I Miami Beach, Florida 33139 1 www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax:786-394-4404 Date: January 30, 2014 To: All Prospective Proposers From: Sandra M. Rico, Senior Procurement Specialist Subject: Addendum 1 to ITB 2014-086-SR Reference: CITYWIDE HIGH TIDE MITIGATION PROJECT The City of Miami Beach (the City) does hereby amend the subject Invitation to Bid (ITB) by the following actions: REVISED: The proposal submission deadline has been rescheduled to Monday, February 3, 2014, at 3:00 p.m. QUESTIONS&ANSWERS: Q1. Who will be responsible for the testing laboratory services? If the contractor shall be responsible, provide the testing requirements. Al. The Contractor is responsible for Laboratory services. The testing requirements are as provided on the plans with the trench restoration detail. Q2. Will temporary asphalt be required? A2. Yes, temporary asphalt would be required. Q3. Clarify whether the Contractor or the City will be responsible for all permit fees. A3. The City shall reimburse the cost for the permit. Expediting and administrative fees shall not be reimbursed. Q4. Clarify whether a D&B Supplier Evaluation Report will be required for this bid. A4. Bidders shall not submit D&B Supplier Evaluation Reports with this bid. The Successful Bidder shall submit after the award recommendation. Q5. There are 15 structure_s and only 13 valves listed. Can you please clarify the discrepancy? A5. The plans show all the structures and valves that are to be installed. They are as shown below: RFQ 2014-086-SR—Addendum 1 �lr^§.>.r'il EACH January 30,2014 Page 1 of 3 ® 8th St/West Avenue: 1 new Structure, 1 inline Check valve ® 11th St/ West Avenue: 1 new Structure, 1 inline Check valve ® 44th Street/Post Ave/Royal Palm Ave: 10 Existing Structures, 10 inline Check valves ® 47th Street/Royal Palm: 2 new Structures, 2 inline Check valves ® 52nd Street/North Bay Road: 1 new Structure, 1 inline Check valve ® North Bay Road/La Gorce Drive: 1 new Structure, 1 inline Check valve In all, a total of 16 (sixteen) In-line tide flex check valves would be installed in 10 existing structures and 6 new structures. The sizes of the check valves are as shown on the plans. Q6. As required on page 17 of the ITB, please provide a name and email of City Representative to which an electronic D&B Supplier Qualifier Report(SQR) is to be sent. A6. Please Reference Answer A4 in this Addendum No. 1. Q7. Has the City acquired permission from property owners to access the outfalls so that plugs can be installed and removed upstream of the tideflex's as needed to allow for the dewatering of the pipeline. If not, please advise if there are any access restrictions to the outfalls that should be considered in our price. A7. No, the City has not acquired permission from property owners to access the outfalls. The outfalls are located in easements in the properties. Contractor would have to coordinate with Property owners for access to the outfalls. Q8. It appears that the plans are missing information showing existing utilities in the proximity of the structure installations. As an example, there is a water main valve that is visible in close proximity to the structure to be installed on West Ave, south of 11th Street but no water main or valves are shown on the plans. Please advise if there any known conflicts or relocations that should be included in our price. A8. No known conflicts. Contractor to request for locates, and do soft digs prior to start of work. Q9. Please clarify limits of paver restoration for inlet removal at the entrance to building on W 47 S and Royal Palm Ave. Otherwise we will price to restore only the portion disturbed by construction. A9. Paver restoration should be up to extent of portion disturbed by work. Q10. Please provide diameter of outfall pipe that passes under building at W 47 ST and Royal Palm Avenue so that a tideflex and pipe can be included in our pipe. A10. Outfall to the West and directly under the building is 27 inches in diameter and the one to the East under parking area is 30 inches. Q11. For outfall at North Bay Road and 52 Street: RFQ 2014-086-SR—Addendum 1 NVA.,tip zl BEACH January 30,2014 Page 2 of 3 a. Note on structure ST151 reads, "Patch Interior of Existing Manhole". Please clarify if this is intended to be included in scope. If so, please provide specification on patch. b. It appears that the 5'x6' proposed structure is in conflict with the existing inlet. Please advise if removal & replacement of this inlet is to be included in our price or if removal & replacement of the adjacent wall should be included to allow for placement of this structure? c. The pipe between the proposed structure and the conflict manhole # ST151 has been depicted in a darker color. Is the intent that this pipe connection be replaced with the installation of this structure? A11.a. The structure is of brick material. It should be repaired if damaged during construction Al 1.b. The structure shall be removed and re-used. Al 1.c. No that is not the City's intent. Pipe shall be new. Please disregard. Q12. The scope of work description for this lump sum project on page 8 of the ITB states, The Scope of work shall consist of the replacement of four storm water structures and Installation of seven (7) 15 inch diameter, one (1) 18 inch diameter, two (2) 24 inch diameter, two (2) 30 inch diameter, and one 48" inch diameter tide flex checkmate inline check valves in ten (10)existing structures and five (5) proposed structures" a. In review of the plans, six (6) proposed structures were accounted for, instead of the quantity of 4 and 5 depicted in the sentence above. Please review take-off below and clarify what quantity we are to be. (1) North Bay Road /52 Street (1)West Ave/8 Street (1) North Bay Road / LaGorce Drive (1)West Ave/ 11 Street (2)W 47 Street/ Royal Palm Ave. b. In a review of the plans, (15) tideflex valves were accounted for versus the 13 valves depicted in the scope sentence above. Please confirm quantities and sizes to be included in our lump sum price. Al2. Please Reference Answer A5 in this Addendum No. 1. Q13. The next sentence of the scope of work statement states "The Scope of Work also includes roadway reconstruction, milling and resurfacing..." Please clarify limits of milling and resurfacing for each location that we are to include in our lump sum price. A11. Reconstruction, milling and resurfacing are to be to the extent of disturbance due to construction work. All other information remains the same. END OF ADDENDUM 3 TO RFQ 178-2013SR RFQ 2014-086-SR—Addendum 1 N I `ti ,AI BEACH January 30,2014 Page 3 of 3 U W w m °o U Q g e H b w all a o N - n a � O a a o L Z O � kloo Q 4 O �WZNZ 0. Cf) °w z ¢u °a m 4 z o=x�N10 V V w a N(Q� LL Q U d u C 1 z LL av O tt aa 2 O U U w N N N O W N W Z X u LLJ ?: W LLI W > W IL Z !> g ca g W J 1 W w IL 3AV ' OC ]A I 1 F— 1 ; LLI Z Q � -D-D w w a w O a a _. ......_.....,.. n p c z z C w � z gm = C a w maa W u z p z W ' O — a u H t`$ e Cl- m a o o J W a n _ g. 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Q Q x a G OU�C (.9 o.N �Xzo W U ° o wo Z Z o \ <W LLJ m -Y Ix ui ;,': zz Tv, ED \\\\\\\ 7 m Z J" O LLJ 777 ¢caw LLJ Q J a Q °w o �u�ic dm ............... - 1 O L uz LLw -awe m W 4w oN wZ�� (/l oW Z LL 2> Z U W N O V l �_ 2 oO .......,...N o g oa c3 oa u ~ Y� �oZz o � E�O> O N w U C) L swe-c'.x-ss\(..-�eeH-c�oc-:s\(�?wquw+w W,�.lcic..-ss\ss\suaoee��a-m\rnQ\wro+\'s c•aam o�ya v+nn vsnm�a Q.:.cle:Jr�/II INVITATION TO BID SUMMARY mjAMI BEACH � - . . Invitation to Bid Noe 2014-086SR Estimated Construction Budget $500,000.00 ITB Title: CITY-WIDE HIGH TIDE MITIGATION PROJECT Basic Description of the Scope of Work: Replacement of storm water structures and installation of tide flex checkmate inline check valves in ten (10) existing structures and five (5) proposed structures. The work also includes roadway restoration, milling and resurfacing, roadway reconstruction, pavement markings, traffic control and other miscellaneous work required for a complete installation. Bid Issuance: Wednesday, December 18th, 2013 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 Monday, January 6, 2013 @ 10:00 AM Date, Time, & Location: City Manager's Large Conference Room ❑ Meeting is Mandatory(only if box is checked) Miami Beach City Hall, 0 Floor 1700 Convention Center Drive Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 888-270-9936 • Enter the Meeting Number: 1142644 and then press the pound (#) key Site Visit Date, Time, & Location: NOT APPLICABLE ❑ Site Visit is Mandatory(only if box is checked) Last Day for Receipt of Questions: Friday, January 24t , 2014 @ 3:00 PM Bid Due Date &Time: Friday, January 31st, 2014 @ 2:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. BID NO:2014-086SR CITYOF MIAMI BEACH Q, PyAdANAJ BEACH DATE: December 18,2013 2 Formal Bid Opening Location Procurement Management Department (respond to): City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed)As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0200 for detailed information. ❑x is required at the time of bid submission. ❑ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ® 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. ❑x SHALL NOT be applied. Project Completion Timeframe: 180 calendar days, Substantial Completion Liquidated Damages: $500 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Sandra M. Rico Senior Procurement Specialist Phone: 305.673.7000 ext. 6230 E-mail: srico@miamibeachfl.gov "CONE OF SILENCE IS IN EFFECT" PURSUANT TO CITY CODE, DURING THE SOLICITATION PERIOD UP TO AND INCLUDING AWARD, THE ONLY PERSON TO BE CONTACTED REGARDING THIS SOLICITATION SHALL BE THE PROCUREMENT DEPARTMENT REPRESENTATIVE DULY DESIGNATED ABOVE. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL DISQUALIFY YOU OR MAY RESULT IN LEGAL ACTION AGAINST YOU. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO:2014-086SR CITYOF MIAMI BEACH ® P��3,(AJVV BEACH DATE: December 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 BID NO:2014-086SR CITYOF MIAMI BEACH NAdAiNA. l BEACH DATE:August 26,2013 4 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is. required by the Project. BID NO:2014-086SR CITYOF MIAMI BEACH ® � :,� t � , DATE: December 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 fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Plans and/or Drawings: The official graphic representations of this 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:2014-086SR CITYOF MIAMI BEACH ^. LAN,,r, B EACH DATE: December 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 Page Intentionally Left Blank BID NO:2014-086SR CITYOF MIAMI BEACH NA,I , DATE: December 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 ( 0 ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: 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. The Scope of work shall consist of the replacement of four storm water structures and installation of seven (7) 15 inch diameter, one (1) 18 inch diameter, two (2) 24 inch diameter, two (2) 30 inch diameter, and one 48" inch diameter tide flex checkmate inline check valves in ten (10) existing structures and five (5) proposed structures. The Scope of Work also includes roadway restoration, milling and resurfacing, reconstruction, pavement markings, traffic control and other miscellaneous work items necessary for a complete and functional installation. 3. Locations of Work: This Scope of Work shall be completed in several locations City Wide: • Neighborhood No. 11 /West Avenue: West Avenue & 8th Street • Neighborhood No. 11 /West Avenue: West Avenue & 11th Street • Neighborhood No. 7/ Nautilus East: 47th Street& Royal Palm Avenue • Neighborhood No. 7/ Nautilus: 44th Street& Post Avenue, & Royal Palm Avenue • Neighborhood No. 5/ La Gorce: North Bay Road & La Gorce Drive • Neighborhood No. 5/ La Gorce: North Bay Road & 52nd Street 4. Additional Work: Prior to award and execution of the Contract, the successful contractor shall submit a list of unitary pricing for all components required for this project in the event that additional locations are added to the Scope of Work. The Successful Contractor shall also submit a not-to-exceed hourly labor rate for all labor categories involved with the completion of this project. 5. 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. 6. 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. BID NO:2014-086SR CITYOF MIAMI BEACH ,I/4JV0 B EA DATE: December 18,2013 8 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. 7. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than seven (7) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than seven (7) calendar days prior to bid opening. 8. 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 9. ❑x Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. 10. ❑ Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: BID NO:2014-086SR CITYOF MIAMI BEACH ,:+,1ANA1 BEACH DATE: December 18,2013 9 a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; C. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 11. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 12. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. C. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 13. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 14. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 15. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2- 371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. BID NO:2014-086SR CITYOF MIAMI BEACH N1 !\A11 BE/!EACH DATE: December 18,2013 10 i 16. Miami Beach-Based Vendors: Pursuant to City of Miami Beach Ordinance No. 2011-3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach- based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 17. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 18. Equal Benefits Ordinance: Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. BID NO:2014-086SR CITYOF MIAMI BEACH � "Y i��"�t't. BEACH DATE: December 18,2013 11 19. City Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems-to be in the best interest of the City. 20. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's .Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s)will be binding on the contracting parties. 21. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the Contractor is a State of Florida Certified Contractor the 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. BID NO:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 18,2013 12 22. 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) III. FLORIDA DEPARTMENT OF TRANSPORTATION IV. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT V. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) VI. FLORIDA POWER AND LIGHT (FPL) VII.CITY OF MIAMI BEACH • Public Works Right-of Way Permit 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:2014-086SR CITYOF MIAMI BEACH 1A,"v'id BEAC DATE: December 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 certified and licensed contractors. 2. Previous Experience: Bidders shall submit at least three (3) references for whom the proposer has completed work similar in scope and volume as the work referenced herein. References must be projects completed or in progress within the last five (5) years. Bidders must also provide evidence of completing a minimum of three (3) storm water drainage projects involving installation of pipes 18 inches in -diameter or larger in the past ten (10) years. Bidders must also submit evidence of completing a minimum of three (3) projects in a high water table area in the past ten (10) 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. 3. 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. 4. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. 5. 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. BID CVO:2014-086SR CITYOF MIAMI BEACH ;°;,td BEACH DATE: December 18,2013 14 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. 6. 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.eList jurisdictions and categories in which the bidder is legally qualified to do business and indicate registration or license numbers, if applicable. Balance of Pape Intentionally Left Blank BID NO:2014-086SR CITYOF MIAMI BEACH 1101AN' BEACH DATE: December 18,2013 15 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and five (5) bound copies, as well as one (1) copy in digital format (CD or US13 drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Price form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three 3 calendar days upon request from the Citv, or the bid may be deemed non-responsive. Non- responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide a Cover Page including the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co-venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. Tab B. EXPERIENCE AND KEY PERSONNEL It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 16 'i I • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: ■ Construction Project Manager ■ Construction Superintendent ■ Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab C. BID PRICE Bidders are required to submit their bid price lump sum using the Bid Proposal Form found in Appendix A, Attachment A-1. Tab D. FINANCIAL. STATEMENTS i. D&B Suppler Evaluation Report. The prospective 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/servlet/SupplierPortal?storeld=11696 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 Pape Intentionally Left Blank BID NO:2014-086SR CITYOF MIAMI BEACH i"okl&'V BEACH DATE: December 18,2013 17 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately ten (10) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the-cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 1.1.1 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:2014-086SR CITYOF MIAMI BEACH a°;w aI BEACH DATE: December 18,2013 18 () Bar Chart O Modified CPM N CPM N Computerized CPM using the latest edition Primavera P3 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P3 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P3, to develop and update the Primavera P3 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:2014-086SR CITYOF MIAMI BEACH j°tlAM BEACH DATE: December 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. 1.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3. A preliminary schedule of Shop Drawing submissions; and 4.1.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. [ � Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor BID NO:2014-086SR CITYOF MIAMI BEACH ® iN;IA' I4r BEACH DATE: December 18,2013 20 relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 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:2014-086SR CITYOF MIAMI BEACH ® ;° ,lei<Y; BEACH DATE: December 18,2013 21 ,j 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 II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, BID NO:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 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. 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. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do BID NO:2014-086SR CITYOF MIAMI BEACH SY S.I 1 P4, BEACH DATE: December 18,2013 23 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 BEACAH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather.. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of BID NO:2014-086SR CITYOF MIAMI BEACH ;,V,i� \NA .B AC DATE: December 18,2013 24 the normal workday on controlling items of work identified on -the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or Miami-Dade -County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions,.difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall BID NO:2014-086SR CITYOF MIAMI BEACH ® '",l, l °; BEACH DATE: December 18,2013 25 be mutually agreed upon by the parties. Should-any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 14. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1.Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request BID NO:2014-086SR CITYOF MIAMI BEACH m IVV�4 $ A DATE: December 18,2013 26 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 and take the prosecution of the Work out of the hands of Contractor , and BID NO:2014-086SR CITYOF MIAMI BEACH ® N),;It;INA BEACH DATE: December 18,2013 27 ;i 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:2014-086SR CITYOF MIAMI BEACH ® BEACh DATE: December 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:2014-086SR CITYOF MIAMI BEACH ® i1r tIr; r': BEACH DATE: December 18,2013 29 I 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 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 BID NO:2014-086SR CITYOF MIAMI BEACH ® POlv ", AkI° DATE: December 18,2013 30 nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against n the Performance Bond. In the event of failure o f Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. I 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. BID NO:2014-086SR CITYOF MIAMI BEACH ® E;lAVO BEACH DATE: December 18,2013 31 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. [] 28.4. Contractor shall perform the Work with its own organization, amounting to not less than XX% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. BID NO:2014-086SR CITYOF MIAMI BEACH It:,±fp , f DATE: December 18,2013 32 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 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 BID NO:2014-086SR CITYOF MIAMI BEACH Bl - DATE: December 18,2013 33 made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made 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 BID NO:2014-086SR CITYOF MIAMI BEACH ® ,',;1A41 d BEACH DATE: December 18,2013 34 request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract 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 Comm ssion-a roved 9 PP 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 BID NO:2014-086SR CITYOF MIAMI BEACH ;EACH DATE: December 18,2013 35 in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such 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 BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 36 regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless-City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services 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 . BID NO:2014-086SR CITYOF MIAMI BEACH ® PJ`,dA;'Vd BEACH DATE: December 18,2013 37 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. i 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by Contractor's fee. 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. BID NO:2014-086SR CITYOF MIAMI BEACH 1 'V DATE: December 18,2013 38 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 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. BID NO:2014-086SR CITYOF MIAMI BEACH , ;P1?'; DATE: December 18,2013 39 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more.accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate 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: BID NO:2014-086SR CITYOF MIAMI BEACH ® BEACH DATE: December 18,2013 40 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 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 BID NO:2014-086SR CITYOF MIAMI BEACH ® .AA,1,4,NA, B A DATE: December 18,2013 41 notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit. Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in, accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of BID NO:2014-086SR CITYOF MIAMI BEACH lrLt','�;g ,C DATE: December 18,2013 42 transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within fourteen (14) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 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 BID NO:2014-086SR CITYOF MIAMI BEACH ® ,,,s� ;Nts BEACH DATE: December 18,2013 43 i documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities 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. ❑ 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. BID NO:2014-086SR CITYOF MIAMI BEACH ® "yf,lA;",> , , ,C DATE: December 18,2013 44 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 b Consultant. For road construction projects the procedure for making tests required by Y p 1 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 Siqn: 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. 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. BID NO:2014-086SR CITYOF MIAMI BEACH ® J% (t ;„!"_. B 'i, DATE: December 18,2013 45 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. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 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: BID NO:2014-086SR CITYOF MIAMI BEACH GY , J,{ f?'BEACH DATE: December 18,2013 46 i 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. 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:2014-086SR CITYOF MIAMI BEACH t"Y°.dry Rti t� A DATE: December 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 A' AlAm" ' .1BEACH. BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 48 A-1 ITB PRICE FORM City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid,consisting of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response.Failure to do so shall deem the Bidder nonresponsive. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT TITLE: ITB 2014-086SR: CITYWIDE HIGH TIDE MITIGATION PROJECT COMPANY NAME: LUMP SUM YCITAL Numerical Total Base Bid($)1 .r J �J 00 Written Total Base Bid(dollars)ZL � �� Section 2-Bidder's Affirmation c Company: Address Line 1: Z Address Line 2: Telephone: 3®S ° '7 / 6 Q � -7 0 Email: 6 eL S Cs` - Signature: Title/Printed Name: ��'-r i/�/L �C) '`42V — 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 WILL RESULT IN BEING DEEMED NONRESPONSIVE. BID NO: 2014-086SR CITYOF MIAMI BEACH [A ,s.l;T,t`' BEACH DATE: December 18,2013 49 As2 BID TENDER FORM Submitted: 7— 7? 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. 2014-086SR CITYWIDE HIGH TIDE MITIGATION PROJECT The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2014-086SR CITYOF MIAMI BEACH ' -:,� ,;;^_ BEACH DATE: December 18,2013 s0 i A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Am endmen r Amer dm e w r Date fssued Ate]ssued Number Number 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. s Name of Bidder: i�k Address Line 1: -,b� Zp Address Line 2: Telephone Number: S—7 t 0 0 Email Address: Se If / c)e 0 Social Security Number: OR Federal I.D. Number: t 3 S� Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) (e WITNESSES: (Type or Print Name €,B' %0Z"'%%4_ o 4 1el6wo (Sign Q (Type or Print 14ame Signed Above) BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 51 A-2 (Sign below if incorporated) ATTEST: (Type or Print Name of Co poration) Secretary in re and Title) St..to (CORPORATE SEAL) .0pP, o o !4+i v pe or P V ame Signed Above) out ,Sa\,� Incorporated under the laws of the State of: � �'At BID NO:2014-086SR CITYOF MIAMI BEACH ri DATE: December 18,2013 52 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 CLA L i 'Z7_14 to J 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 1'ts mpletion date. / e.��-G�9-,.� fit.,✓e ae, Lee, qx D 3-7$ 0 0 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 compl tion of the project, whether or t a claim was made. , zb 4 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:2014-086SR CITYOF MIAMI BEACH . ,J'%1A';t:'BE A C} DATE: December 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? ❑ 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: es B. The business is a: ❑ Sole Proprietorship ❑ Partnership P-Cro"ro'poration C. The address of principal place of business is: D. The names of the corporate officers, or partners, or individuals doing business under a r m follows: t ade na e, are as Name :Title BID NO:2014-086SR CITYOF MIAMI BEACH ;EAC DATE: December 18,2013 54 A®3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of th Bi der were principals or officers. oe 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. A � / V t//V 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). 40&111 r 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. �Log Pel BID NO:2014-086SR CITYOF MIAMI BEACH ;;I .:r BE AC DATE: December 18,2013 55 I A-3 I. 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. 1idA J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. /V 6 K. Under what conditions does the Bidder request Change Orders? Gf/ld o4 e_c!� A-7 11r�w el 4,14 62 r. okq*!�e 19 1/0 14-A." Cie 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. BID NO:2014-086SR CITYOF MIAMI BEACH �f'b:',i;aE IBEACH DATE: December 18,2013 56 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 w s made. 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? ❑Yes o 13. Are any indic ments, debarments, disqualifications, or suspensions referenced on the previous page current? 11 Yes 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? ❑Yes o 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 do BID NO:2014-086SR CITYOF MIAMI BEACH t DATE: December 18,2013 57 i 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: Signature Print Name of Corporation Print Name Address �� '-ke�4 e Title. S WITNESS: Signs re �SIV i e s, Print Name _o - -CO C .W- W N o cn C" Title: � �-4 5�-�' -o 0 0 a �v PORATE SEAL) Attest: Secretary BID NO:2014-086SR CITYOF MIAMI BEACHI, : DATE. December 18,2013 58 A®4 SUPPLEMENT TO BIDITENDER 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. 2014-086SR. SIGNATURE n d e rqr t� tat o O<1 PRINTED NAME ' �c c �. TITLE (IF CORPORATI , Out BID NO:2014-086SR CITYOF MIAMI BEACH ®)',C . DATE: December 18,2013 69 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:2014-086SR CITYOF MIAMI BEACH ® Jr ; BEACH DATE: December 18,2013 60 A-5 SUPPLEMENT TO BIDITENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF r ` �I The f re oin ,i strument w s ackn led ed before me this 3 day of 9 9 , � Y 20 , by © 1 as (name of erson whose signature is ein notarized) (title) of rv <v�. (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) yyANDA DAVID NOTARYPLOW STATE OF FLORIDA (Print Name) Comm#FF014M Ekes 511/2017 My commission expires: BID NO: 2014-086SR CITYOF MIAMI BEACH ,`:_`sl #! '; i F DATE: December 18,2013 61 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: i BID NO:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 18,2013 61 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:2014-086SR CITYOF MIAMI BEACH tv'dA\Al BEACH DATE: December 18,2013 63 with the description of its employee benefits plan, which needs to be delivered to A-6 the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business 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 BID NO:2014-086SR CITYOF MIAMI BEACH N,'k I AAA i DATE: December 18,2013 64 A-6 MIAMIBEACH DECLARATIC.. e.veae.revve.eeveee eve. ee. .e.w a ,ND BENEFITS Section 1.Vendor Information Name of Y Com an � N Name of Company Contact Person: �� Phone Number: ax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number: 2 /7 3 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: 2014-086SR CITYOF MIAMI BEACH ® t.At'=.;vfi. BEACH , DATE: December 189 2013 65 A-6 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Will your company provide or offer access to any benefits to employees with spouses and/or to spouses of employees that may be assigned to work on the City of Miami Beach contract? _Yes_No B. Will your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees that may-be assigned to work on the City of Miami Beach contract? Yes No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered"NO"to both Questions 2A and 2B,go to Section 4(at the bottom of this page), complete and sign the form,filling in all items requested. If you answered"YES"to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Yes for Yes for Employees No,this Documentation of this Employees with with Domestic Benefit is Not Benefit is Submitted Spouses Partners Offered with this Form Health ❑ ❑ ❑ ❑ Dental ❑ ❑ ❑ ❑ Vision ❑ ❑ ❑ ❑ Retirement(Pension, ❑ ❑ ❑ ❑ 401(k),etc. Bereavement ❑ ❑ ❑ ❑ Family Leave ❑ ❑ ❑ ❑ Parental Leave ❑ ❑ ❑ ❑ Employee Assistance ❑ ❑ ❑ ❑ Program Relocation&Travel ❑ ❑ ❑ ❑ Company Discount, ❑ ❑ ❑ ❑ Facilities&Events Credit Union ❑ ❑ ❑ ❑ Child Care ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager,or his designee. BID NO:2014-086SR CITYOF MIAMI BEACH ® t�''r�tilr +A`. , DATE: December 18,2013 66 i A®6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of in the year °�7 ,at IX P L.Kz?l �� dos Signature Mailing Address Name of Signatory City,State,Zip Code Title BID NO:2014-086SR CITYOF MIAMI BEACH . `:j;'; IBEN�; DATE: December 18,2013 67 A-6 MIAMIBEACH KhAbUNAtiLt MhAbUKt_, AF'F'LIGA I IUN Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Department of Procurement Management ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 2. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 3. The dates on which such benefits providers were contacted; 4. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 5. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO:2014-086SR CITYOF MIAMI BEACH „ _`: BEACH 'A 3.. r i[ .5 8 DATE: December 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 payment for the number of days that would be allowed as paid time off for death.of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO:2014-086SR CITYOF MIAMI BEACH ® P ,1;!\;"\/d BEACH DATE: December 18,2013 69 j:. A-6 MIAMIBEACH 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: Date nondiscriminatory benefits will be available: Reason for Delay: \ 4 ` Description of efforts being undertaken to end discrimination in benefits: P 9 B. Administrative Actions and Request for Extension BID NO:2014-086SR CITYOF MIAMI BEACH ,Ad BEACH � 111-.;A1_ ss ..T .> _ DATE: December 18,2013 70 A®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 a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; ® All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. ` BID NO:2014-086SR CITYOF MIAMI BEACH r;'vl B ,.2 s..; C�`s DATE: December 18,2013 71 A®6a I declare (or certify) under penalty of perjury under the laws of the State of Florida that the fore going is true and correct, and that I am authorized to bind this entity contractually. Naml ny (pl se pri --- Mailing Address of Company Com Signature City,State,Zip Name of Signatory(please print) Telephone Number Title Date t BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 72 A-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 Sig Idder l BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 73 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 El 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:2014-086SR CITYOF MIAMI BEACH -, j;< N ; DATE: December 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:2014-086SR CITYOF MIAMI BEACH �► ,iA,' 1 DATE: December 18,2013 75 A NDIX List of Plans and MIAMIB EACH BID NO:2014-086SR CITYOF MIAMI BEACH ® ,,I ANA SEACH DATE: December 18,2013 76 B LIST OF PLANS&SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY NAYA ARCHITECTS Sheet Line No./ Revision/Date Title/Description Spec. No. Neighborhood No. 11/West Avenue:8 Street&West Avenue 1 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 2 G01 0/07-19-2013 GENERAL NOTES 3 SW01 0/07-19-2013 PROPOSED STORMWATER 4 SD01 0/07-19-2013 STORMWATER STANDARD DETAILS 5 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS 6 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS Neighborhood No. 11/West Avenue: 11 Street&West Avenue 7 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 8 G01 0/07-19-2013 GENERAL NOTES 9 SW01 0/07-19-2013 PROPOSED STORMWATER 10 SD01 0/07-19-2013 STORMWATER STANDARD DETAILS 11 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS 12 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS Neighborhood No.7/Nautilus East:47 Street&Royal Palm Avenue 13 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 14 G01 0/07-19-2013 GENERAL NOTES 15 EC01 0/07-19-2013 EXISTING CONDITIONS PLAN 16 SW01 0/07-19-2013 PROPOSED STORMWATER 17 SW02 0/07-19-2013 STORMWATER STANDARD DETAILS 18 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS 19 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS Neighborhood No.5/La Gorce: North Bay Road &La Gorce 20 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 21 G01 0/07-19-2013 GENERAL NOTES 22 SW01 0 07-19-2013 PROPOSED STORMWATER 23 SD01 0/07-19-2013 STORMWATER STANDARD DETAILS 24 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS 25 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS Neighborhood No.5/La Gorce: North Bay Road&52 Street 26 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 27 G01 0/07-19-2013 GENERAL NOTES 28 SW01 0/07-19-2013 PROPOSED STORMWATER 29 SD01 0/07-19-2013 STORMWATER STANDARD DETAILS 30 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS BID NO:2014-086SR CITYOF MIAMI BEACH t'V 1;001:BEAC H DATE: December 18,2013 77 31 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS Neighborhood No :7/:Nautilus 44 Street:&Post .Avenue;&Royal Palm Avenue 32 G00 0/07-19-2013 COVER SHEET AND INDEX OF DRAWINGS 33 G01 0/07-19-2013 GENERAL NOTES 34 SW01 0/07-19-2013 PROPOSED STORMWATER 35 SW02 0/07-19-2013 PROPOSED STORMWATER 36 SW03 0/07-19-2013 PROPOSED STORMWATER 37 SD01 0/07-19-2013 STORMWATER STANDARD DETAILS 38 ESC01 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS 39 ESCO2 0/07-19-2013 EROSION CONTROL NOTES AND DETAILS BID NO:2014-086SR CITYOF MIAMI BEACH r BEACH DATE: December 18,2013 78 A NDIX C Required Forms for Bid Submittal Note: Attachments below only apply if the adjacent box is checked) © ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-2: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages /OIAMIBEACH BID NO:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 18,2013 79 C-1 © BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID NO:2014-086SR CITYOF MIAMI BEACH ,"v%1AN/d BEACH DATE: December 18,2013 80 C-1 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submiss on 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. A Signature BID NO:2014-086SR CITYOF MIAMI BEACH DATE: December 18,2013 81 C-2 - El STATEMENT OF COMPLIANCE: PREVAILING WAGE RATE ORDINANCE NO. 94-2960 r� G No. _ Q Contract No. ® �`t ` 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 �t cto r By: S lse��natue F B r d t STATE OF� � (Print Name and Title) ( Olaf C`J ) �� SS COUNTY OF ) e foregoing instrument was ckn wled ed before m his day f � 9 9 20( b Q rI d- Y`� f -2 I S � �� who Is Y personally kno in to me or who has produced as identification and who did/did not take an oath. WITNESS m hand and official al seal, this day of , 20 NOTARY SEAL (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) WANDA DAVID (typed, printed or stamped) NOTARY PUBLIC STATE OF FLORIDA ° CORMI#FF014003 EXPIM 5/1/2017 (Title or rank) (Serial number, if any) My commission expires: BID NO:2014-086SR CITYOF MIAMI BEACFI sly-s ; fit = DATE: December 18,2013 82 I C-3 ❑ STATEMENT OF COMPLIANCE: DAVIS BACON ACT No. Contract No. P ro�ect Title 14 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 e-, , 20 ra ct (Signature By: Use r-I 'V r-.%,e- ¢d Ir°.J-( (Print Name and Title) STATE OF SS COUNTY OF &MlaA ) The foregoing instrument was acknowledged before me this 3 day of Y ,r 20 bye C�.1�: je,r- ,who is personally own to me or who has produced H o fi 6tt -b-n v eK 6 Lw s identification and who did/did not take an oath. WITNESS my hand and official seal, this 3 day of - � , 20� . (NOTARY SEAL) (Signature of person taking acknowledgment) ) wAMA DAVID NOTARYPUBW (Name of officer taking acknowledgment) STATE OF FLORIDA Conw*FFo'4M (typed, printed or stamped) V1 . Expires 5/9/2017 (Title or rank) (Serial number, if any) My commission expires: BID ISO:2014-086SR CITYOF MIAMI BEACH '.=:i-s.f",,s K-A H DATE: December 18,2013 83 i Document A310TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal statitti and addra w) /,'Winne,legal titcitiry mtd priiiciperl place e f hieriiie.Ty) Southern Underground Industries, Inc. Capitol Indemnity Corporation 3453 N.W. 44th Street, Suite 205 P.O. Box 5900 53705-0900 This document has important Fort Lauderdale FL 33309 Madison WI legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged (Same As Above) with respect to its completion or OWNER: modification. (Xame,le al statirs acrd adds a ss) Any singular reference to City of Miami Beach, Florida Contractor,Surety,Owner or 1700 Convention Center Drive other party shall be considered Miami Beach FL 33139 plural where applicable. BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (Name.location or address and Project number.if ai i j City-Wide High Tide Mitigation Project- ITB No. 2014-086SR The Contractor and Surety are bound to the Omer in the amotint set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period ' as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the aniount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlbrnt the work covered by said bid,then this obligation shall be null and void,otherwise to remain in lull Vorce and ellect.The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiverofnolice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time 1br acceptance ol'bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent liar an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been timiished to comply with a statutory or other legal requirement in the location ol'lhe Project.any provision in this Bond conflicting with said Statutory or legal requirement shall be deemed deleted herelrom and provisions confirming to such statutory or other legal requirement shall be deemed incorporated herein.When so lurnished,the intent is that this Bond shall be construed as a scat itor}•bond and not as a common law bond. Signed aid scaled this 29th day of January, 2014 . v�`d 1.1�qr4 • . Southern Underground Industrle ®. �tOr sr� 690 '. B : J 't ✓ � � Capitol Indp�,nity Corporation 4'1 nos o S (.Supt) !Ii'inress) Olga Iglesias �� r' � A (Title)Charles J. Nielson Attorney-in-Fact S-0054/AS 8/10 e•. ' .1 '•♦!a4!;•1 f 1 I•' f 4 I•:•♦f f f I•,'♦ •/!;•••?�!••1�i•'• •1•./!, 1 i!:•^a f i I••♦4 4 iI i♦•. !••i i..! e 4 b 4 r ♦P.f ems•a 1•0•i I:•c f d^4!•i•a 1.4.4!•.•a!4•i!•.'•1•x'4 I^i•.f 4!:'♦4 I I•.'6 ib I .° 1f,f•I•, 1 ,'e.r 1 (`Is°:'•��j•aO sfOfs id�t 1f4}i fI�°,f/ffi fI?�.d f1/s�I�°ft r44 s4 rd,°f4iF vl p�f+44#f�*'t fa4s I/�°fefi f/,°ea4f�/'S°f4f4 fps°4444•vd fit,f1:f Jess f.>.s'•ta fai0:ld ai°,/P4+fi e�_/4i444�dt°.f4 y4i•+d4,..°,�}i4•,0��,1444°i fib°.+4do dd 44°ia14 fd 0°1f14i4ai//�°flilf4t/I�°4fi#11•I1°i�8';f•f!s'�•:,S':1 Ille�•�.� 9f/1 f11/ 1111 1// 1 1 4140+ 4 411 1/4+i 11111 14+04. •4+11 •141,1 4440{ a 4141e. 1 // 4101 4♦# 1 111 + 4 1 f# {+ 41 ,la,,.e�•s J++a1i i,`i1+41/`T•111.♦..i�f+14 t•11.141f+dN}II+,J11}li il!!Ik 1.11111�,+POfI+�.l i4+ls 4+11,1 1 Aff!T, 1#•11; 72+0446 -++11+1+1,++++f 4:, 1144+ ` ++.4+f+�4+04♦{#4§+ 1+4#1s 1+14f4 .11fili +14444,+41�1+�s�•o°,•,I� ,1 y. X16466 -1+l.IA►4 r,.}+rlf}11� 11d f11,�.4+••411 ,,.H11;6t., rti+f.+l�43f.Pt+i #r3t}+9 •-latitlF ,•1i1+H6 t41 f • 91'}1+6.•.6+fH+. 3+.16# li4+t6t: 1!66+t, 1t+tr*1_ ++ki!! }d4+i+f�•. 14}'tl -+►+ti1 ,6+.6it4+- 1ti+N+ .110fif +.it+?t-:._a.l �'.':: _.�Ii:w t►rrit t!f!t t}f1+1t• t}r.+.lt�,tir1.1► tH►et x ttd}.It +r11t }}f>}t b tl+kit w";rl�t }46r I....Ntia 6......z t}ittt=,tft}rt }r►f► .}}+df}a ti}!}.t - t}f t} }f1r1 ...... t1,111f t}tttt r}4, �..'/ Ibis ��-_ --€�N+�,:G t„'.:--� CAPITOL INDEMNITY CORPORATION 6�0 9-6� $3 �.,. << ,111'a,�-�- � .. � .. - -'Jlaf jlll, =_ = POWER'OF ATTORNEY �:,< °,� KNOW ALL MIEN BY THESE PRESENTS,That the CAPITOL INDEMNITY CORPORATION,a corporation of the State of Wisconsin,having its __ .-''i ;'�;;. principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint +�1;`/� \111•"��_ _ - Jl�.l\\ l-N, Jam`~ _ __ - �'JS i�! 1, f DAVID R.HOOVER;CHARLES D NIELSON.CHARLES J.NIELSON;JOSEPH P.NIELSON . tilt`�m4► r4os �+il 1,•_,� its true:and laivfu]Attorney(s)=in-fact,to make,execute,seal and deliver-for and on.its behalf, as surety,and as its act��and deed,arty gird all bonds, --�,,IC :-. ' /1,t;�;:,;�`== undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in =_=..:,c` 1;; `�_ amount the sum of �_'%;S!� i�''''�'�� f1L L WRITTEN INSTRU TO EXCEE $2 0 0 y��"'�`'f' y.:z -------- --- ----------- ---- MENTS IN AN AMOUNT NOT D 0,0 0,0 0.00------ ----------------- -------- - - 111,. �� _ _ �-�'J+,1� This Power of'Attorri.e.-y is,granted and is signed and sealed by facsimile underandbv the authority of the following Resolution adopted b}r the Board < IG1�'„!yT of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 1 nth day of May,2002. .,,�;�}! ii:•'•:rr�` "RESOLVED,that the President,Executive Vice President,Vice President,Secretary or Treasurer,acting individually or otherwise,be and they hereby .�•:r;i� la:,-__� are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, =:--�.�j ;;;�., and o,then writings obligatory in the nature thereof,one or more„resident vice-presidents,assistant secretaries and attorneys)-i fact,each appointee to '''\ - �. ••,h� R�'” �`� have the powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Compan.y`ma}.be affixed ''!(r'i rl;,y�� = to any such:power of attorney of to any certificate relating thereto by:facsimile aril any,such power of attorney or certificate bearing such:;faesimiie `�. {�;t�a,•~ signatures or'facsimile seal shall be valid and binding upon the Company:and'any such power so executed and certifieel by facs.lmi}e signatures and '``�•,;1;�: =�.-ter facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the _r_>-:;� 4�y+ •°:� nature thereof to which it is attached. An such a ointment ma be revoked,for cause.or without cause,b an of said officers,at an_y time." :'•��;+ , ;;__-- Y PP Y Y Y +.•.••,'a 1, r�q11 O C OL INDEMNITY CORPORATION his cau ed the e resent t a g `': '< �r IN WITNESS WHERE F,the APIT � s s p s o be signed by its officer undersigned and its ;+�� 1`111,-`�� corporate seal:to be hereto affixed duly attested,this 2nd day of May;2011: -�'';I't+ t+�y,�° Attest CAPITOL INDEMNITY,CORPORATION ''!�� !J r \\��\p\\,�EMNITY OQ�Ai///////n - .. - :i� Sy�;':� - •��% ice/ �G��L/�'4� ��\�o�� --� �9�i� y:�;e4 �I, - � V \�Q� OpRPORATF\9T i � — 4�•,1!, �v'• - � _ � J(/\��/yam ) �1/ /• ~. �U • e�i !/4,J�/ /( _-�-''I< �. Richard W.Allen III _= = V— �:�;;;`' !f�'!1:.�'� � President = �� __ David F.Pauly ,_ -;;It+' / � � l il,'•'�r�-` Surety&Fidelity Operations ., CEO&President +�.q,l �;�, STATE OF WISCONSIN c "”,�i/,��i��nnrr�illiliiiini��a��oo��"\ ,�,� {.tf;�•,w�~ COUNTY OF DANE J __ J'.,6/ /1+ V m e 2nd da f Ma 2 :., ...' O h o 011 bef re e r nail cam a d F.Pa 1 w w '.. o m e so e D i u t me kn wn h bein b m du rn did d e and a :that he resides i ,,,, o o o e l s o e os s {11„•� Y Y P } Y � Y Y • P Y ��•,.,•.i, lr'� in the County of Dane,State of Wisconsin;that he is President of CAPITOL INDEMNITY CORPORATION,the corporation described herein and _-=.:_ ,;;t:.r " which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal;that �.�;;tl{ �liy:;moo -+�4?�itl 1 - it was so affr-xed by order of the.Board of Directors of said corporation and that he signed.his name thereto by like order: 1 ,,!% {+ill'r.�'� �. 1�. L _ 7� �•i+;.� DANIEL f� r • W. •= f�\ ,�I' KRUEGER —�°+;�1 i►�+,ti � Daniel W.Krueger �G; tir+l 111:= y STATE OF WISCONSIN _ _" Notary Public Dane Co. WI '�'' S S.: <l t''�'=� COUNTY OF DANE: M Commission IS Permanent' e•;.'�\ llu:.;.,�\ } CERTIFICATE Y �.� >'Il ' I, the..unders.igned -duly elected to the office stated below..now the incumbent air CAPITOL INDEMNITY CORPORATION a`Wisconsin e,:;lC �!i'�'•��'�+ Corporation,authorized to make this certificate,DO HEREBY CERTIFY that the foregoing attached.Power of Attorney remains in full force and has %:��'i}� IV�``�+tea --+,,1� s= not been revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. _�- +• Signed and sealed at the City of Middleton,State of Wisconsin this 29th day of January 014 '� 1:11,••.� - � �., .- '�jJ�.�1,�1 .s O_-. Oyj ,,o�:`' ~► Pt CC?.POPATE �OZ r '�' �' X4416 hilt:��OA .,';1,/) SEAL i =='= (i''''!°°,� Alan S.Ogilvie �•+::t'lt 111;:'a�..y �-i ��%fil��Ir ___ _- Secretary _-•_,1 11• THIS.DOCUMENT IS NOT VALID UNLESS PRINTED ON,-GRAY-.SHADED BACKGROUND WITH A RED SERIAL,NUMBER IN THE-:UPPER --°•:�'" /, ,"•:-,� RIGHT:ILAND CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT.CALL,800-475-4450. ===' ;; `��\X.,eel � � � - � � � �'Jii;jj'I,f) ''�: C1C-POA(5-111 1 ! s� 11 ! i 1..• + r ,:: x;41'- Itlli ,, }}iii}r ,}d',tltl�Ii}10i.�'61f - 1lOI•'' 1` '�. +} -s }'!� �:'T �' ►.i'i'�+d+ '' }id':i°'f t13' s� id , �#;b�� d ,y.x # .. t� s- t.+��. It ..I id i 'i tli Iti�=--z-:`.; J• � } 41 it i#16 ll }$ �} ;} }}}}4 it#} } IiI. # 4i1 }. }� It tlf },t 1 i I ll it6.i }}r ill #} i t4 1} ft It tri t H r ,;;>',f Y+yi6}14 a +�+4M IiIf166. '1 461Ir '.161k1}6' Illrif6 '616•+i6}. 1}}}116 141+166 }6AI.t 1 it166.' 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BEACH DATE: December 18,2013 84 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 ) for the PY r Dollars ($ 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:2014-086SR CITYOF MIAMI BEACH 'IA!,/,d IAP,/,d BEACH DATE: December 18,2013 85 D-1 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:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 18,2013 86 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:2014-086SR CITYOF MIAMI BEACH 99 DATE: December 18,2013 87 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:2014-086SR CITYOF MIAMI BEACH ,\;1A\,A BEACH DATE: December 18,2013 88 i D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, 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 CITYOF MIAMI BEACH fir(r,,;'' BID NO:2014-086SR ,K..t ,�;;BEACH DATE: December 18,2013 89 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:2014-086SR CITYOF MIAMI BEACH ® ,`0d/,,,.-'01 BEACH DATE: December 18,2013 90 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 Y 9 9 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:2014-086SR CITYOF MIAMI BEACH ;',v,',dA,%A BEACH DATE: December 18,2013 91 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BID NO:2014-086SR CITYOF MIAMI BEACH I A,\A1 BEACH DATE: December 18,2013 92 D-5 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO:2014-086SR CITYOF MIAMI BEACH BEACH DATE: December 18,2013 93 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:2014-086SR CITYOF MIAMI BEACH ® °/',IAtvld,,BEACH DATE: December 18,2013 94 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:2014-086SR CITYOF MIAMI BEACH ® ;"sy`'d EAQH DATE: December 18,2013 95 Bidder's Name Southern Underground Industries, Inc. Address 3453 NW 44 Street, Suite 205, Lauderdale Lakes, FL 33309 E-mail Address Belserillll@ool.com Phone/Fax Phone:305-710-0470, Fax: 754-265-7868 FEIN 262-52-1235 Declaration of Company Organization Southern Underground Industries is a S-Corporation as of May 2008 Signature of Authorized Agent Printed name of Authorized Agent Belseri Comerford Title of Authorized Agent President Date of Signature 2/3/14 Table of Contents Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS ➢ 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. 9 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. Tab B. EXPERIENCE AND KEY PERSONNEL Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. ➢ Organizational Chart& Resumes for: Construction Project Manager Construction Superintendent Site Foreman and/or Estimator ➢ Staffing Plan Tab C. BID PRICE Bidders are required to submit their bid price lump sum using the Bid Proposal Form found in Appendix A, Attachment A-1. Tab D. FINANCIAL STATEMENTS ➢ D&B Suppler Evaluation Report. ➢ Bid Bond Contractor's Team Ability Narrative Southern Underground Industries is dedicated to providing quality work at a fair price for South Florida municipalities. We pride ourselves in our dedication to completing projects on time and under budget. We understand that the key to a successful project is open communications with the owner so that there is a clear understanding of what is expecting on both sides. In Miami Beach, we understand the importance that the City places on minimizing impacts to the residents/businesses and we will make sure these stakeholders are satisfied as much as possible. Staffing Plan Due to how important this project is to the City of Miami Beach, our President, Belseri "Benny" Comerford will be onsite daily and will act as Superintendant. We plan on utilizing a medium size crew consisting of two operators, two pipelayers, a hillman, and laborers as needed. Our equipment will consist of a mid-sized excavator(70,000 lb), a 3-yard loader, a combination backhoe, and a broom tractor to perform the work with minimal impact to the surrounding communities. We have vactor trucks and erosion control equipment ready to be mobilized to ensure that the surrounding environment is protected. Our personnel are accustomed to high water tables and utilizing all necessary shoring in these conditions. We look forward to working with the City of Miami Beach to ensure the success of this critical project. Organizational Chart Belseri_Comerford , (President/Superintendant) .,Chris Facet' (Project Manager) i Homer Sapp McGarrett King (Pipe Foreman) i (Restoration Foreman) RESUME OF BELSERI COMERFORD 2008 -PRESENT SOUTHERN UNDERGROUND INDUSTRIES,INC. PRESIDENT With over 30 years experience in Underground Construction, Mr. Comerford has worked in all aspects of the Utility Industry. As a licensed Contractor he specializes in Sanitary Sewers, Water Main, Force Mains, Storm Drainage, Road Construction, Pump Stations, Directional Drilling and Infrastructure Lining. 2006 -2008 INTERCOUNTY ENGINEERING, INC. SUPERINTENDANT/ESTIMATOR Prepared estimates for various types of municipal work. Supervised installation of pump stations and all facets of underground utility work. 2004-2006 RIC-MAN INTERNATIONAL,INC. MAIN LINE FOREMAN Supervise main line crew during construction of water Mains, sanitary sewers, and drainage installation, Furthermore, responsible for overseeing well-point Installation as well as cleaning structures and pipe lines. 2004 -2003 ASTALDI CONSTRUCTION FOREMAN Supervise crew during construction of sanitary Sewers and drainage installation. 2002 -2003 TELCON,INC FOREMAN Supervised crew during construction of sanitary sewers, & water main installation, for FPL Transmission Mainline. 2002— 1994 MINORITY CONTRACTOR Minority contractor for Broward County, Broward County School Board, Lennar Homes &Puite Homes. Installing Water Drainage & Sewer Mains with Projects of$25,000 to $700;000. 1993 — 1991 TELCON & LANZO CONSTRUCTION FOREMAN/OPERATOR Supervise crew during construction of sanitary Sewers and drainage installation 1991-1986 ROCCO FERRERA & Co. OPERATOR Previous Experience meeting; Drainage pipe 18 inches and larger • High water table conditions • In past 10 years Project#1: Midway Pump Station Completion Date: Feb, 2-011 Value: $2.9 Million Client: Miami-Dade Public Works, 111 NW 1"Street, Suite 1510, Miami, FL Contact: Luis Valdo Engineer: C3TS Description: Installation of stormwater structures and pipe from 18"to 42" in a high water table. Installed double 36" HDPE casing pipe via directional drill under 826. Work required that canal be diked & bypassed with 4-36" pipes for a subaqueous crossing. Project#2: Town of Surfside Utility Upgrade Project Completion Date: 2013 Value: $2.0 Million Client: Town of Surfside, 9293 Harding Avenue Surfside, FL 33154 Engineer: Calvin-Giordano Description: Project included water, sewer, and drainage improvements. Work included installation of a stormwater pump station and connecting 24" piping. These improvements were installed in high water table conditions. Project#3: Lantana Drainage Improvements Completion Date: 2011 Value: $740,000 Client: Town of Lantana 510 W Pine Street Lantana, FL 33462 Engineer: Kieth & Schnars, Frank Vilar Description: Project included construction of 2 stormwater pump stations including the connecting piping up to 36" diameter. This project was also completed in a high water table. Project#4: South Pointe Development Site Work Completion Date: 2013-2014 Value: $50,000 Client: Related Group/Holland Pump Contact: Chris James, 954-483-6621 Description: Project within Miami Beach that consisted of installing a dewatering system &well connection piping, 8" to 24", in a high water table to enable the construction of the building foundation. References: Contact: Maurice Hynes Agency/Company: Intercounty Engineering, Inc. Contact: 954-325-7202 Email: mhvnes(a.intercoutyengineering.com Contact: Indar Marahaj Agency/Company: City of Lauderhill Contact: 954-391-2810 Email: indarmaharai(�)-lauderhill-fl.gov Contact: Henry Glause Agency/Company: Mock Roos &Associates Contact: 561-683-3113 Email: henryglause .mockroos.com Contact: Gary Ball Agency/Company: Siteworks of Florida (Former GM of Farrachi) Contact: 561-235-9575 Email: gary.siteworksinc(c_g mail.com Contact: Kenny Smith Agency/Company: City of Ft. Lauderdale Contact: 954-607-0008 Email: N/A NIELSON, HOOVER COMPANY, INC. February 5,2014 z i:J E_1 Sandra Rico City of Miami Beach 1700 Convention Dr. z Miami Beach,FL 33139 RE., Southern Underground Industries,Inc. z n Dear Ms.Rico: This is to advise you that our office provides suretyship for Southern Underground Industries, Inc. Their Surety is Capitol Indemnity Corporation which carries an A.M.Best Rating of A (Excellent) - Class VIII and is listed in the Department of the Treasury's z Federal Register. Based upon normal and standard underwriting criteria at the time of request,we should C. be in a position to provide Performance and Payment Bonds for Southern Underground U Industries, Inc. in the amount of $1,500,000 for single projects and a total bonding capacity of$3,000,000. It must be understood, however, that we reserve the right to review all contractual documents prior to final commitment to issue any bonds. 0 Southern Underground Industries, Inc. is an excellent Contractor and we hold them in s� high regard. We feel extremely confident in them and encourage you to offer them an opportunity to execute any upcoming projects. Li U This letter is not an assumption of liability, nor is it a bid or performance and payment UJ LL bond. It is issued only as a bonding reference requested by our respected client. L?L L LLI} Sincerey, 2 Charles J.Nielson s Resident Agent 0 z St 8000 Governors Square Boulevard Suite 101 Miami Lakes,FL 33016 F:305.722.2663 F:305.558.9650 S FATE OF FLORIDA s - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD �. 1940 NORTH MONROE STREET (8 5 0) 487-].395 TALLAHASSEE FL 32399-0783 COMERFORD, EELSERI L SOUTHERN UNDERGROUND INDUSTRIES INC 3453 NW 44TH STREET FT LAUDERDALE FL 33309 ...,�_-. --------^-- --- —_- -'- '�`i��°%'�lk.\,-�t�/��r��i�\yssy''f-�G��,7��t��\�'%„�'-.,�'ti !''-:):'!ti.i - '•-'rI- •- Congratulations! With this license cep C#' icensed b the se You become one of y million , , I Floridians the near( one j ->ATEQ�;�� R`" an y Department of B slop Business Professional ess and Prof opal Our professionals and businesses range from architects to yacht broker , om rs to barbeque restaurants and they Florida's , ?' 0m e keen y g � :� _ ::x: <•.• r. economy strop Every day we work to improve the way y we do bu business in {� } For information about our servi l sine order to serve you better.. 4; w '�,- ,'�-:; a,.�;,,� :•.�:�= ces ease io "' .•: :: �,. ,-.�,�,.,.:,, There ou can or i'P g Qnto www.m oridalicense,com. ;� .; Y find more Inf mat a about our divisions yfi ' . ' impact you,subscribe t ..ions and the regulations that o department newsletters and learn mor �'��° �'�'\�� _3 -.y t• x�__: _. ;•�«a _ J Departments initiatives. a about the = , ',..ry.'ti4; -;.• S0VT Our m' -�:� :;,�'��%<'s _ „�.�t � :�,_ �`':� t:�.�;-_�:•.; _ :. ission at the D epartment is:License Effie constantly ean Regulate Fairly.W by strive to serve you b Y• e - Y better so that you can s customers. -'�.�•- •��:,,,;:��y�s� �� ,. -•.w;_=�•�_ `.y:.,_-.;�;-'.;:_`, Thank y for doing erve our You g business in Florida,Flori Y `,=,�;,.,,�-=�� ;:- .�..�.,..� '��-°'•- �:-=,, �' da ongratulations on your new license! ==�:�kSg�- �� '-��_�=_�:r..� �J` �:e��ss%o ��'• IVJ- ' :%�;s,:l�_J?').;.�^�� ^.iv<<��,fr—J i;!=>zs5 .:,:�-wryr f•..tlr.-- ,: _,`..:--`_' t DETACH HERE DBPR P COMERFORD, BELSERI L;Doing Business As: SOUTHERN U IDERGROU... Page 1 of I LiAcensee Details Licensee Information Name: COMERFORD, BELSER3 L (Primary Name) SOUTHERN UNDERGROUND INDUSTRIES INC (DBA Name) Main Address, 3453 NW. 44TH ST. #205 LAUDERDALE LAKES Florida 33309 County: BROWARD License Mailing: I iceflseLocation: License Information License Type: Certified Underground Utility and Excavation Contractor Rank: Cert Under License number: CUC1224635 status: CurrentrActive Licensure Dale: 10/20/2009 Expires: 08/31/2014 Special Qualifications Qualification Effective Construction Business 10/20/2008 View Related License Information Vie License Complaint Ic20;iofth Monroe Street.Tall hmajee FL 32399;: En.ail: Customer Contact Center:: Cussorrter Co„'ac:Censer:$50.487.1393 he State o'Florida is an Ar-,Ev a Ylc,er.CoQVrsai:t 2007-2010 State of Florida P;;y2_y Statement thissr=Io.rida few,emai,addrawas are i,'utC.ic records.Ir DoE!=3 no:want your e,rnai!aawress re,easad rn mespolse to 2 public-records i u°St,do not said ei'a;ronic":sail'to this entit instead. Cont"Ct th-.^,°:=e D -Role or� t a ? "you �a y �. , it e%' y d;t Qr:2t T'ita;..., u have T uu��=ms n s,afease-cnt3c,s_vzo.437.?395.-Pur,'_'an.to Section=55.275(1),Rodde Statutes, =f". sve October'-,20_2,rc_nse:s used under Chapter=5? F.S.� %nrf + e i-,e ' 3l'a, 1 r} � a �0• e , +r-� i:Le: it , bst'rrv.l.a vR �2?2,� �._l -with + ,12.11 address if&-_y have e.it erne orov dev �,_v be usa,d for ofG2I cori1:m-mica ion�v th_°e E;:ensae.i4owever ernaii 2'ddrasses are pubfiC r_CO d. yc do not E1isr;to sujP-ly 2 cei onai ad-dress,Pieasa pity:Cyr the C-_i-ar t,,nent;Slit t a":°T:ali address Yd 1l'Can t-e read_wiajiabie to then Pi e r �a U fe.r:aase see a�. Chac�r 455 oa;e to rieterr;ne_;°you are a,ieceed by this change. �5 S. Andrews Ave., Rm. A-100 — VALID O , ��. Lauderdale VALID , FL 33301- - OCTOBER 1,2013 THROUGH SEPTEMBER�.954-831-4000 PTEMBER DBA: 30,2014 t Business Name:SOUTHERN U?vDERGROUNU ; IN,C INDUSTRIES Receipt#:189-25837-9 Business Type: LL OTHER TYPES COYvTRA Owner Nanje:SBLSSRI L (UNDERGROUND UTILITY AN R Susiness Location:3 a ��MERFORD EXCAVATION CONTRA 53 NW 4g ST 205 Business O cTOR) LAUDERDALZ LAKES State/CountylCe Red;lOjZ6/2013 Business Phone:954-4 94_0185 Exemption eg•-UC1224 635 P Code: Rooms Seats Emp� •ems Machines I Professionals Number of Machines: For Vending susiness only Tax A'nount Transfer Fee Vending T t 2 7.0 NSF Fee Pent YPe: 0 0.0 fl a tY Praor.Years faction 0'a 0 Col Cost Total Paid 0.00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR P THIS BECOMES A TAX RECEIPT LACE OF BUSINESS This tax is levied for the privilege of doing business w' WHEN VALIDATED non-regulatory in nature. You must meet all County Broward County and is and zoning requirements. This Business Tax Receipts and/or Municipality the business is sold, business name has cetp�must be transferred when f business location. This receipt does not indicate anged or ; it is in compliance�,y�h State or local that the b�You have moved the cal laws and re .ssiness is Legal or that Mailing Address: regulations. EELSERI L COMERFORD 3453 NW 44 ST 205 FORT LAUDERDALE, FL, Receipt #04A-13_0000 33309 0223 Paid 10/3-6/20.13 27.00 t 2013 2014 ' ^ham � .n_` '✓� ` ._'i.� Benny Comerford :, v;`;I. �-Y�r "r�- :.?tv °r�':_-;c�`tC� ;� °±;; er�r:�;.1�,t, �L:r�str:�•�t;nr� ' #r ~ �OM,e i Gt al ilia ,arvr'-k aV ;:n aN aspects of :rlf:.' :•j�:ia�� r,',.( 4 r C Z S'p7evfali es -n samtar y Sevvere. -a'Fr ::r�.c">-:y=~ +Yl�t'��. i�Ji l.e 't:..•�' t,:tdrm,i r"+I••� g '1 - ::�:. " i i c�jC, Na<<� pt,.b,,. a -t s. D;racuc€;ar Drill.-ri,, and in*r ,rtt(•` _ •�:V ZS*:a`stJ .�i`,3:�7 i .�fv j i;ij• i•/ /.. i. i ,�V• r ,t'.!�% r1 L: L�".��'•'v`:1vr'� v;,- EX}�Er� i iIENCE cv00 - res ^i. 57:3 i H RN NCERGR 0 u 4 C) HN;Cj U S T.R;E`�. INC. fPER1 T 'E N i=�t[E D ,- r 200-t - '��' SIC°MAN sNTERNh i:Z:`IN""• .' ,' `Nr.. _ MAN �j f-- A. 90 7tar - 200 1V 1 A L D \/vNvr f'•Lj\.iT1i0 P C s9 E �.:iSy F VREMIAN .:,N�Er'tst,E r-'V' �s— �.°Y•rrl`t�K a t�s. f• OPERA 4 ROCCO E_ MAJOR PROJECTS Broadview Park 105-000 G0 LF Qf pig a ,€300 11;om s ;--r �:,,�, a • r e rya 2 ,A,.. � .� 0�=arm ;.1 ou�:;yr l�3Ec€ S;Ct]f `J+.,t ,2J,CivO fc$I ::f vYQaB't4 StT1S Ih-O'QrC A Out ? 4 i S!12i1rt t at s�c gf3l:Cr�1COC. 1t`,S .?r0;°C FSG ^y:it:a� S$r�ICi± CC3;lrl=�t r.. p7r1L'�Ie pr r8: y � in i'0�11$v iam; Dade Various Lorat€ons (Mia m i -nadie k,,b,ater and ij It Sewer) ins€alfa =on o % - 740 �r Z^'' ^•rF: •' _ ^ .,� .�V a; Dr:,ls uf jer SR li a-: a," 1 1* `f �.ii.E t r� V `aLG �•ecf N,"vv 1 S,r 9G0 rt-C �;i(,+ �Tf`O _ , 60 L 2 ° .;t;)riT': 00 0 L re ''° 5 rfii. R• SGn'a �y ev er 16' Deed, 1-�',� � r 'qf -'�. S -. iii. �v'.(�,. ti. �.• - SGi°14i�.r� 23- Sanitary ewer :n Ft. Laildendale :'`'s!,v Of FI �ti:Jvc;^ ;� i/ t -� .• '• - of•i. � ,� tL�ii ., _zj:1�E�3r. '. t,;, f �{':=�f X17.1.[:^3�� f• f1t�•1 — s Fi i con rare iU1UUU if 400-1000 water' a—In-s , „ valug cat»and reuse nes with valve pipe fittings and road re'toraion.Sub contractor to 11298,010.00 projects Mr Steve Delaquina 561-504-0321 Town of Manalapan Fl—FH,taps,6"Water Main and Road'Restoration 123,000 Mock Roos&Associates -Engineers West Palm Beach Florida Mr Henry Glaus P.E.561-683-3113 Lift Station No. 8 FM and Sanitary Sewer 2,600 LF of 20" DIP FM W/20" Plug Valves Fittings,Taps Connections and road restoration. SOOLF 24" PVC Sanitary Gravity Sewer W/6' Manholes,Connections and Restoration. Labor,equipment or ly 225,000 Akerblom Contracting—Carl 954-224-4437 3Q•-RD OF CO?j`\i Y COMIMiSSIO\ERS - .,-� g •: �::, K.in Bed ner ` -- -�^"-� Ci-IIEFAD 4 'ISTR4Ti��OFFICER �ceor'D.Crisr ��1 S O`at. 1 �LmtT ICcn Hagan A]HessirErocnam C:�iirF F!_�:�'CrgLA��;�*ISTZ�aQR Les!--y"Les"Mi ler,Jr Bacuie {?sr Swndrz ?stark sh:l:c O_hce of the County kd.,-- Stra:ar DF.PG`T�'COU�iT ADNiLtiI"iRiTOPS Michael S.Merrill L=,c3 E.turn Sha-on D.Ssbada: July 6,2012 Belseri Come--,T^ord,President Southern Underground Industries 6340 US Hwv 92 Wes. Plant City, FL 33566 Dear Belseri Comerford: The Economic Development Department has approved your illml's application for certification as a bona fide Disadvantaged Minority/'Disadvantaged 'Woma_n Business Enterprise with the Hillsborough County Board of County Commissioners for a period of two years, effective Jt?ly 6,2012. Certification applies to the following approved line(s)of business: tltiliq- Contractor, Pulp Station, HDD Supply Labor and Materials Prior to the expiration date as set forth herein, the owner(s)and/or principals of the#irm must complete at least eight (8) hours of formal business training to further their business acumen. Those firms that have been in business for more than 10 continuous years are M&M from this requirement. The Department uiaintaim a list of institutions and locations where courses are being o�'ered,however this list in not exclusive. You can visit to our Small Business Information Center (SBIC) website at: w ��r.hillsborou hcou��t-�.or�isbic� ►o�re.ci.n.Mere you will find a current calendar of workshops and seminars as we?l as, free online tratn�n g classes. You zn ' may use the workshops and online classes as a resource to fulfill your DNMWBE &SBE re-certification hors. The business owner(s)andlor principals may choose course offerings that are not on the Departriieat's 'list, providing that the focus of such training is the improvement of the business' ability to coffipete in the current marketplace. Re-certification will be granted upon receipt of an updated .DM DWBE Affidavit, plus evidence of successful completion oL the education requirement as specified above. If any changes regarding the ownership, size,or any material characteristics of the business occur, it will be necessary to complete another Discscsure Affidavit. Hillsborough County reserves the might to revoke this certificate on at any time prior to the eXPL-ation date. Sincerely, J 0 Brenda Eig vney,Administrator D_,WD1,V-BE&SBE Programs Section Economic Development Department Post Office Box 1110 Tampa,Florida 33601 wr1Y.Eti'Il�boa ou4.hcounty.org •In.t.'r_'.:;1-.':Yra,^./t"��::r;'?r..n,:.r��h GREW MsboiVU_ V Caint i Ty J Board of Co€ my COMMissianers Economic Development Dena.rtrne- t Small/Minority Business Develo i p nee nt section mInOrlty/Woman Business Certification . Southern Underground Industries � HC-2146/12 Valid from July b, 2012 - July 7. 2014 ApProved Lines of Business UtilitY COntrac Station ,toy°, Pum n Labor and Materials - Brenda Eighme T% Small / Minority Business Deve Iopent Administrator 1925 NW 18t_h INC. free t Pompano Beach, FL 33069 Tel: (954) 972-9800 Fax: (954) 97141--0042 Mav 1.41 2Q 12 e Subject: Reference for Belseri Comerford To whom it may concern, Belseri Comerford has worked with.Intercownty Engineering since 240=I either in the capacity as a eMPIoyee or as a subcontractor. During that tij,:e Lr. CC.Merford was very Professional in dealing with employee's,subcontractor,& ovvner. )✓vent project was del vered on time, under budget and satisfying- the owner. It is that reason I am delighted to recommend Mr. Comerford fo{his b n : g . he has the character, the ability, the integrity that should please any bond line for ��orks with ill the €ture. I have no doubt Wit. Comerford ti . - company he d vi l l be ss l underground construction cce�� sr�the ss in 1=1. If for any reason you have any additional questions }please don't hesitate to call. Sincerely, laurice A. Hyne8 President Intercounty Engineering, Inc. s T/Va te r7 V,0 a WOLSEY company �c�;at31crF1 i.�r �c. _.t C:e,�� nu :rdu4fr:es, Inc.. has h tf �r � 2N Ti;:°C�., ��i ��?Ct" �l:t�'C CCOUrit-VVWh a c'rgu- vn \Vatet-wor».S* :CC nee:l 3 sreat t orne t. 1 , h::,Pe :�l:t ays ��s �, laid �i°1:C,ii€.s It1 a •�zcly , kept'Iz2ir aCCOt)f1C It?i4on } ii3:tc.L'L, :tad � �S t:i t t�it1 v. •5 •,ti .L 4 !t?1 .:1Jrascvfilf, CT :dFi Murnagcr ``I G Pro Ecssio,L.*,place 3363 i { 3 989 ft 7- r..c A NDIX Sample Contract MIAM.I .B..E.ACH BID NO:2014-086SR CITYOF MIAMI BEACH f ,1\11:11,BEACH DATE: December 18,2013 96 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 SOUTHERN UNDERGROUND INDSUTRIES, 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 four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time BID NO: 2014-086SR CITYOF MIAMI BEACH ® Jk%A1 A&A d BEACH DATE: August 26, 2013 97 extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum_of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 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 BID NO:2014-086SR CITYOF MIAMI BEACH DATE: August 26,2013 98 I 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, I 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 I submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. i 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. j 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. j I I I I BID NO:2014-086SR CITYOF MIAMI BEACH DATE: August 26, 2013 99 i � I When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 I 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:2014-086SR CITYOF MIAMI BEACH DATE: August 26,2013 100 r 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director BID NO:2014-086SR CITYOF MIAMI BEACH DATE:August 26,2013 101 i With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Southern Underground Industries 3453 N.W. 44th Street, 205 Lauderdale Lakes, Florida 33309 Attn: Belseri Comerford, President Phone: 305-710-0470 Fax: 754-265-7898 E-mail: belserillll@aol.com 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 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: 2014-086SR CITYOF MIAMI BEACH DATE: August 26, 2013 102 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: 2014-086SR CITYOF MIAMI BEACH DATE:August 26, 2013 103 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI B J y City lerk �q, Mayor `1•..E3 y [If incorpora INCORP ORATED' } Contractor ` I ATTEST. '• ' �''� v u`'�I e^+V Ur'1_Ne'0 tU�t-d� +✓- .J me Co por ion) • 7 �,`��' y By. �Ista (Signature � a c , Oj (C a� a o o (Print Name and Title) co > r4 r °—' ,°� ,t6 da y Age;of � 20 [If not i corporat '�'gn 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 City Attor Date BID NO: 2014-086SR CITYOF MIAMI BEACH DATE:August 26,2013 104