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ITB 2014-094-SR MB Golf Course Drainage Remediation INVITATION TO MIAMI BEACH GOLF COURSE DRAINAGE REME®IATION ITB No. 2 014-094-SR II BID ISSUANCE DATE: JANUARY 21, 2 014 BID OPENING: FEBRUARY 20, 2 014 @ 3:00 PM ISSUED BY: MIAMI .. 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.miamibeachfi.gov t r 1 NIELSON, HOOVER & ASSOCIATES PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(A) BOND No.: 60096948 CONTRACTOR: V ENGINEERING & CONSULTING CORP. ADDRESS: 2138 S.W. 23RD STREET MIAMI, FL 33145 PHONE No.: (305) 342-5568 SURETY COMPANY: CAPITOL INDEMNITY CORPORATION ADDRESS: P.O. BOX 5900 MADISON, wl 53705-0900 PHONE No.: (608) 829-4200 OWNER NAME: THE CITY OF MIAMI BEACH OWNER ADDRESS: 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 PHONE No.: (305) 673-7071 CONTRACT/PROJECT NO.: ITB 2014-094-SR PROJECT NAME: MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION PROJECT LOCATION: MIAMI BEACH, FLORIDA LEGAL DESCRIPTION 2301 ALTON ROAD, MIAMI BEACH, FL 33140 AND STREET ADDRESS: DESCRIPTION OF WORK: DRAINAGE REMEDIATION FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon. r w Bond No. 60096948 D-1 FORM OF PERFORMANCE BOND BY THIS BOND, VVe V ENGINEERING & CONSULTING CORP. as Principal, hereinafter called Contractor , and Capitol Indemnity Corporation W, as Surety, are bound to the Citv of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of One Hundred Fifty Three Thousand Five Hundred Sixty And No/100 (Dollars (S 153,560.00 ) fOr the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and aSs!gns, jointly and severally. �VHEREAS, Contractor has by wriiien agreement entered into a Contract, Bid/Contract No.: ITB 2014-094-SR awarded the _ 9th day of April 20 14 , , 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 Miami Beach Golf Course Drainage Remediation 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 appeilate 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:2014-094-SR CITYOF MIAMI BEACH KA( r- DUE DATE: FEB 21,2013 84 FORM OF PERFORMANCE BOND (Continued) ®-1 or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance cif the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount sat 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. t!o 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 16th _day of,_ April 20 14 WITNESSES: u Engineering & Consulting Corp. *"' 121, ,� - (Name of Corporation) Secretary By: ignature) C((CORFPO,RATE SEAL) (7r,11 r-.,) ,,, \z (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: r Capitol Indemnity Corporation ey: Agent and Attorney-in-Fact Charles D. Nielson Address: 518 East Broad Street (Street) _ Columbus, -OH 43215 (City/State/Zip Code) Telephone No.: 614-464-50nn BID NO:2014-094-SR- CITYOF MIAP01 BEACH © ,Ajl ;`•A1BEAr DUE DATE: FEB 21, 2013 85 4 I 'I, PIL T.4 Mitill— a,J, 4 U MY't- — it tfit cL VP M Jill fliall 60096948 �= , L CO' PORATION CAPITO INDEMN-ITY R "e P _EP TONNYA" 0 OF AT F I-I IN I,�N I-EN E,) F M. 'F I-,,,E k PI ff' D' I F-7 EPH P.NIELSON-----—-—-----———--—----- -----—--------- R.HOOVER:CHARLES D.NIELSON;CHARLES J.NIELSON;JOS z-fl III,It -1 A 1;F ci ---------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000-00--------------------------------------- d '()I. I I I 1i. Y I fl-,VI l N 1 1 t;j 1 CA I'I I I.-I).lh�ll 11-it k-j L k 1: fit r 1: 1 -S_4-41 ic p( ohh I IV,•-it t I,; 1-_ i''I it "t,I �0 li;. I. :md('11p-I \i ;h il• % hl; 11; ',LICIT i1!it I,- I f I i C till t It-"I 1 f:l'.II it:,I m I 1r, scil I II h•l I,_f a 1,J h!rl d 11_ 1.100r, thic (,c)IIII.-an I-, Ih,2 fu ,!v lih w.d --W Oi_'I P_':ltl It'\ III I ;,,j ur� [1-1civol to v,hi-ch It I� tiIIIII!l"'Ill IN N�ITNESS Wfll'REOF-thc 11 i• it, to 2:1d t4j4i rd \f% 1;,71 11 1, SLAL ( I t �v & t 2nd ckl� of P.m!" Ilic l-,,,,,�,,,I.I-, I i I b Im )I I(h•_ 1), Ix I 'Ind TM.110,1t,"tIM I,\,COR[�0RATTO.,-, il": d, In dIC C111-11-11V(11' titan 1,,,. 1- -.1 (_API M7 ihil,11 t:I.CCI.Itt:d th"!ih0%, iru LI Ill,21-1.1 lit'!'Ilk ik" tile' !'d "d III ,Ui .:rl hiL.I ni-Jerol'the Bci;ird of hi ,I ii.., lc\ ii,.._ or, D�w d 1,i S TA I'E 0 1 vI S C CS I ..- C ;t\ C()UNTY 01- D.ANF f R 1'(!f I U.,I F T Y JON 1, (11-C d',11V C!ccwd I() thc ol'I'lc�f lat'--d h010-01. FION% [11C I it, ('.%I1'IT0i, ORPOR 10 W Corporal-ill.ailt-l-lorized to 11-1,11—c-Lll-:, Flo 14FRE'BI.,CERTIF� di,tl Illi- i III lull and ha-, In lf�r,c 1111,o:-t�_ = not been rct oked-,and fui-th;_,rni(.)rc,that thc.-R.-,"nkition(if U-1 c, B,-ard I-)l 1) SI-=_'1l-1_-d iind scalcd at dh(�Clt� 16th April 014 ai Aw" SLAL A 1 THIS DOCUMENT IS N-0-17\'AL D U,-N,LESS PR I NT ED ON GRAY S H__1 DF D B\CK_GR01 ND 1-H R E 1)S E R 1. L N'L. I B I--R ILN, 1-H F 1-'P P E K T HA S CE TH!S DOC RiGH ND CORNER.IF Y01__11-IA",'E A.\N", Qi_:FSTi( 11 C( AUTHE\M0 I YCIF ;�4 ........... Bond No. 60096948 FORM-OF PAYMENT BOND BY THIS BOND, We V ENGINEERING 8, CONSULTING CORP. as Principal, hereinafter called Contractor , -and Capitol Indemnity Corporation as Surety, ar- bound to the City of Miarni Beach, Florida, as Obligee; hereinafter called City, in the amount of One Hundred Fifty Three Thousand Five Hundred Sixty And No/100 _ Dolla-rs ("153,560.00 u) 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.: ITB 2014-094-SR awarded the 9th da,, of April 14 _ , 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; THEM! 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 n_ot 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:2014.094-SR CITYOF MIAMI BEACH ® i•i;a,'^`.,?, 1 BE A C H DUE DATE: FES 21, 2013 86 i 0 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 Wlaives noL-i%-- of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected kvith the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 16th day of April— 20 14 Contractor ATTEST: V Engineering & Consulting Corp. (Name of Corporation) -- 6 4 /Z 0— r_ 1 ((7 ecret K (Signature) orporate Seal) (Print Name and Title) day of , 20 . IN THE PRESENCE OF: INSURANj2E COMPANY: Capito �, demnity Corporation e Bv. _ Agent and Attorney-in-Fact Charles D. Nielson Address: 518 East Broad Street (Street) Columbus, OH 43215 _ (City/State/Zip Code,) Telephone hone No.: 614-454-5000 The provisions and limitations of Section 255.05 Florida Statutes, including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are incorporated in this bond by reference. BID NO: 2014-094-SR CITYOF MIAMI BEACH DUE DATE: FEB 21, 2013 87 _v VI it t CAPITOL INDE.�N]�,\'11-�' ('ORPOR' -XTI(-)N 60096949 --V P( VER OF ATTOWNE). KNI-M ALL NIIEN W. M1,14 DRFI-s:`+ IN!)it 0',0, ------------ R.HOOVER;CHARLES D.NIELSON;CHARLES J.NIELSON-,JOSEPH P.NIELSON------—----—-------—---------- 4. ------------- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEEDS20.000,000.00-------------------------- --------------------------------------- Wi. alai iii .s A P I t! 11'' ll-itl![cd the llwl 'i P-0 i 'k I!.-I -IlldI till.. [,I 11-t%":Hit!DW:cr,md th!UIC,iP,1Li! I,) -ti J-1 ;,n I I I, [I I Jh� \1=1,11 j1t'\t4L1 i_'l y. Q� L I N, I U1 111 11 1 1 U i I I l-,-, I I a 1 I C1, I I I I I Ll d F]If 11 Cc Ll1k!I":t I!,t. 11;ch 11. I tach,�J A i 1 1.1 --1 p p( I 1 11),-:j 1-11 t,c kt I�lk'Ij; I Ll- I t i I I N 1)1- 1 N! ,I"I N, R I I( R A-1 1 1-1 j I N; V I T'IN I s kG 1-1 F'"R E, I. 11, C lk P 1-1 !If"I''t`k: ;'�111 J l)*1 1 1 Ll 1 i i •"1'r-_ 4, 0 1'Q I-,L 2 11 1,1 he I I i-t:i t 11 i 1 ul I th;,t 21"d d-c.. _I:I I A Ill. R.V I I R 1,11 1 rd \k \11'.-I III .S- E & 141, _J N YOF D.V I:.' 0,11 01C 'If([LILIk Y)I i h,_�;orc ills. i),--i`,wialk 111, Wc 01-I! i)l 0. !12 illC('I_ILIl111, cll'Dlrr',St,lk'c1l h!th 0\Ct,'LI!Cd lil'ti"'IFicill:th'it h,, kro-V-I,III, t_:d tJ di-,:1-:1:,1 !I1'! PiL- I-,!id H11;I-LH; -W. IMI) lh.l; _)"L:d 11 ordcr lit'0- I'miztrd D_....:-ciol t_l !T'"litli'll, :M1 1I 11)1! h,' 120, iii• IIJIII *I' \V hI ST,21-111()I:`IVI SCO�I.S I..N' I:\ s -.0 TY C L.N DAM: t INUIvQ\1T`l CORPOR'\TION. 1. 1hC 1.11)(1CF,tiiLlICd. (,ILII%: 'I,:(wd io thC LIH t� ill,_dI hChOx". no." 111,� lllc,wid:t,�m 11 (-AP11 ITI 111 C01-110Vdtioll.Lfflthorl/cd to ilMkt_'thIS, DO HEIREBY th'ir illc ior,-p,�mi�g ti-t,_-hod Pokk-2t-of \uorlic\ r,:maI1 In hil! i,orct,'ind lia, `1 II iltlt LiCiM I-ON,OkCd:�Illd tb,,-,f d-W oF th-. Bnjrd(�j Dircch)l`SC[ lilf-l.h. W i ho Po I ol \uornc, i�n-t:'. Ill 16th April 014 SiLmed and .�-cald at the cit� Of Middic-LOR.SLJLtC ol''tk dAI, Ke- V, MI D\`v 11 THIS DOCU.MENT IS NOT VALID UNLESS PRINTED ON(1RAY SHADED B_1CK`_IRo i 7 R 1:1) S LR I\L N I B f-(12 IN H E RIGHT[+--kN D CORNER.I1=YO( Ff-\",,'E A\NM-EST I()NS iCONCERN I\Cj THF TH -M IS DOCU N If:'N"T C 1 1 `00-4- Ilij T�r via CITY OF MIAMI BEACH 1 1700 Convention Center Drive I Miami Beach, Florida 33139 1 www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax:786-394-4404 Date: February 11, 2014 To: All Prospective Proposers From: Sandra M. Rico, Senior Procurement Specialist Subject: Addendum 1 to ITB 2014-094-SR Reference: MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION The City of Miami Beach (the City) does hereby amend the subject Invitation to Bid (ITB) by the following actions: REVISED: Section 0400—Bid Submittal Requirements has been revised: Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and one (1) bound copy, as well as one (1) copy in digital format (CD or USB dive), of the completed Bid must be received by the indicated deadline. REVISED: Liquidated Damages shall be $500 for each day after Substantial Completion in lieu of$600. ATTACHMENTS: ATTACHMENT A: Pre-Bid Meeting Sign-in Sheet ATTACHMENT B: Revised Appendix A Attachment A-1: ITB Price Form. Includes allowance for Permit and unit pricing. ATTACHMENT C: Revised Appendix A Attachment A-2: Bid Tender Form. Project title revised. ATTACHMENT D: Revised Specification Section 02900—Landscaping ATTACHMENT E: Miami Beach Specification Section 01311 —Critical Path Method Construction (CPM)Schedules ATTACHMENT F: Existing As-Builts(total of three sheets) ATTACHMENT G: Site Topographical Survey ATTACHMENT H: Revised Sheet C-1 RFQ 2014-094-SR—Addendum 1 V,!�+fir i1 BFAC H February 11,2014 Page 1 of 4 QUESTIONS&ANSWERS: Q1. Is the retention pond for this project lined with an impermeable geomembrane? If so, what type? Al. The retention pond will not be lined. Q2. For such a small project, is it necessary to have a project sign per Section 01580 and a contractor's field office per Section 01590? A2. A Field office is not required. Construction Project Signage is required. Q3. In regards to Section 0220 1.03 D, Is the extensive soil testing necessary when only sod is being planted in an area that grows grass now? A3. Yes, testing as well as laboratory recommendations from an independent laboratory are required. All test results must be acceptable to the Owner / Golf Course manager. Q4. Item # 15 on the bid sheet is for landscaping. Is that section just sod? Since Section 01010 - 1.02 D 7 has "New Landscaping," please clarify because none is depicted on the plans other than sod. Is the placement of stone pebbles in the left hand side of landscape bed included? A4. Landscaping refers to items listed in Sect- 02900- 1.01 (A) . Stone pebbles are included in scope of work. Q5. Does the work scope on sheet II take precedence over the plans as it does mention landscaping? A5. The contract documents include the plans and specifications and both must read in conjunction with each other and carry equal precedence. Q6. The plans are missing Sheet III - Survey. Can this be furnished? A6. Please Reference Attachment F in this Addendum No. 1. Q7. On Sheet C-1 from Addendum 1, a there is a reference to "adjust ball machine elevation as needed." Is this a ball washer? Does it have any power or water hooked up to it? A7. Contractor would have to coordinate with Property owners for access to the outfalls. The golf ball washer located next to the golf cart storage facility is hooked up to electricity and water. The ball dispensing machine located next to the diving range is also hooked up to electricity. Q8. Sheet C-1 from Addendum 1 notes in the upper left corner of the swale to "remove elec. Box." Will the City have the power removed? Will the wires be abandoned in place? RFQ 2014-094-SR—Addendum 1 P,.i f.L l BEACH February 11,2014 Page 2 of 4 A8. Wires are to be terminated in accordance with best practice methods with conduit capped and abandoned in place. Contractor must record method of termination on field copy for as-built records. Refer to Sect. 01735 for Selective Demolition. Q9. The irrigation portion of the project cannot be quoted due to lack of information. There are no pipeline locations or sizes provided. Can an as-built be supplied? Please provide more information on the type of irrigation system. A9. See Attachment F. Please note that there have been some field modifications since the as-built was created and exact locations will need to be verified and or adjusted by the Contractor. Contractor shall reference Section 02810 — Irrigation System, Part 1, Paragraph 1.01 Scope of Work. Q10. Are the irrigation heads, valves, and pipes to be replaced in the same location? Is the coverage adequate now? A10. Contractor shall reference Section 02810 Irrigation System, Part 1, Paragraph 1.01 Scope of Work. Q11. Can the Contractor relocate heads, valves and pipelines? Are there any items not depicted on the plans? A11. Contractor shall investigate the area of the work to become familiar with existing above and below ground conditions in accordance with Section 02810 — Irrigation System. Based on his observation, Contractor shall adjust existing system components as necessary to connect with new work and to provide the required level of sprinkler coverage to existing and proposed landscaping. Q12. Sheet A 1.0 states to match existing stone pebbles. Are the existing stone pebbles in the planter bed? Who supplied them? Al2. Source of existing pebbles is unknown. As part of the product submittal process, Contractor shall provide samples of proposed pebbles that match the type, size and character of the existing pebbles. Q13. Sheet C-1 states limerock base course under the concrete sidewalk and 02770 3.03 A states 6" of coarse aggregate. Which will be required? A13. Contractor is to use limerock. Q14. Specification 02770 3.05 calls for wire mesh in the concrete and the detail on sheet C-1 does not call it out. Is the wire mesh required? A14. Wire mesh is not required. Q15. 1 could not find a specific bid bond form, is the contractor expected to utilize the standard AIA bid bond form or does the City have a specific bid bond form? A15. Contractor shall utilize AIA bid bond form or the unconditional letter of credit form (form C-1 in Appendix C) if applicable. RFQ 2014-094-SR—Addendum 1 n� . ,:`,/, r.�l iBEACH February 11,2014 Page 3 of 4 Q16. Attachment A-2 (Bid Tender form) states "Alexander Muss Park Pavilion Renovation" instead of MB Golf Course Drainage Remediation, can you please update the form with the necessary correction. Al 6. Please reference Attachment C — Revised Attachment A-2 Bid Tender Form in this Addendum No. 1. Q17. Is there any liner involved with the retention pond on this project? A17. Please reference answer Al in this addendum No. 1. Q18. The ITB Front Cover states due February 20, but page 2 of the package states February 21. Please clarify when the bid is due. A18. Bids are due on February 21St, 2014 by 3:00 PM. All other information remains the same. END OF ADDENDUM 1 TO RFQ 2014-094-SR RFQ 2014-094-SR—Addendum 1 ;' VAg'�``IBE CI--l. February 11,2014 Page 4 of 4 ATTACHMENT A CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: February 3, 2014 Solicitation No.: ITB 2014-094-SR TITLE: MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION £v `� E PIEAS ..PRI T11 _ _ ...- wH:C NE' �;'- - vE=lu�lli� Sandra Rico Procurement- City of Miami Beach 305-673-7000 786-394-4404 i ext. 6230 srico@miamibeachfl.gov i ;44 � cc+►J�,c�s Cs�2�. SG /l aCA u W t C13 �e c C-0 r Co Vol j '3 i { ITB 2014-094-SR PAGE OF _ ATTACHMENT B ITB PRICE FORM ITB 2014-094-SR=Miami Beach Golf Course Drainage Remediation REVISED-Addendum 1 Breakdown Form to include unit pricing. The-cost of.any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the items) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in.the Bid_is to be : multiplied by the stated quantity requirements in order to arrive at the total. The General Conditions include certain."Allowance" items that have been delineated below.The Contract Unit Price for these allowance items shall be used only upon the City's discretion,as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. Should any bidder fail to submit this form fully completed,the City will request that the omitted information be provided within three (3) calendar days upon request_from the City. Failure to provide the City with the omitted information within three (3) calendar days after the Bidder has received the request from the City may result in your bid being deemed non-responsive and disqualified from further consideration: THE CITY WILL NOT ACCEPT ANY REVISION TO THE TOTAL BASE BID SUM, DIVISIONS, LINE ITEM TOTALS,OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. ITEM D ES CRIPTICIN :. w 1 BASE BID AMOUNT INDEMNIFICATION (Trench Act) $ 25.00 3 ALLOWANCE: PERMIT FEES $ 1,500.00 4 5%CONTINGENCY LUMP SUM BID AMOUNT: UNIT PRICES ITEM DESCRIPTION' UNIT PRICE UOM 5 ASPHALT PAVEMENT DEMOLITION 6 CONCRETE PAVEMENT AND CURB DEMOLITION SAW CUT 8 EXCAVATION AND HAUL AWAY 9 FILL AND GRADING 10 CONCRETE CURBS 11 PAVING ASPHALTIC CONCRETE 12 CONCRETE WALKWAYS 13 IRRIGATION MODIFICATIONS 14 LANDSCAPE ATTACHMENT C A-2 BID TENDER FORM Submitted: Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials equipment, machine rY, 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. 2014-094-SR MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy 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:2014-094-SR CITYOF MIAMI BEACH m jV(A; A (j DUE DATE: FEB 21,2013 50 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO: 2014-094-SR CITYOF MIAMI BEACH tlAM gl-{ DUE DATE: FEB 21,2013 51 A-2 (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO: 2014-094-SR CITYOF MIAMI BEACH ® �3;i ,M E7E ` l I DUE DATE: FEB 21,2013 52 ATTACHMENT 0 SECTION 02900 LANDSCAPING PART 1 GENERAL 1 . 01 SUMMARY A. Section Includes : Furnishing, planting, watering, fertilizing, mulching, pruning, and transplanting plants of the species, size and quality in the locations indicated on Drawings and the installation of soil, fine grading, fertilizer, top soil, sodding, and top dressing in areas indicated on Drawings . B . Related Sections : 1 . 02200 - Earthwork. 2 . 02221 - Excavating, Backfilling, and Compaction for Utilities . 3 . 02810 - Irrigation System. 4 . 02910 - Tree Relocation 5 . 02931 - Tree & Plant Protection (if applicable) 1 . 02 REFERENCES A. American Society for Testing and Materials (ASTM) : B . D2487-93 Classification of Soils for Engineering Purposes (Unified Soil Classification System) . C. "Grades and Standards for Nursery Plants" , Part I and II by the Florida State Department of Agriculture, latest edition. D. "Approved Planting Practices" by the American Association of Nurserymen. E . "Hortus" , by L.H. Bailey, Second Edition. F. "Manual of Cultivated Plants" by L.H. Bailey. G. "Standard Plant Names" by the American Joint Committee on Horticultural Nomenclature. 1 . 03 DEFINITIONS Miami Beach Golf Club 02900-1 Drainage Conveyance Improvements City of Miami Beach A. Satisfactory Fill Materials: Materials classified in ASTM D2487 as GW, GP, SW and SP properly worked by Contractor to obtain optimum moisture and compaction. B. Unsatisfactory Materials: Materials of any classification determined by testing laboratory as too wet or too soft for providing a stable foundation for pavement and walks will be classified as "unsatisfactory" . C. The words "plant materials" or "plants" refer to and include trees, hedge, ground cover, grass, or herbaceous materials . D. Specimen: An exceptional, heavy, symmetrical, tightly knit plant, so trained or favored in its development that its appearance is unquestionably and outstandingly superior in form, number of branches, compactness, and symmetry. Specimen shall comply with the standard for "Florida Fancy" according to the State of Florida, Department of Agriculture. E. Ground Cover: Anything other than grass. 1 . 04 SUBMITTALS A. Samples : .1 . A sample of sand and a sample of topsoil consisting of an 80/20 sand and muck mixture shall be submitted to the Owner for approval before installation. B . Contract Closeout Submittals : 1 . Record Drawings : Provide blueprint with red line markings indicating changes made to the planting system layout during installation. 2 . Manual : Deliver 1 copy giving complete instructions regarding maintenance of materials, complete nomenclature of items used, and a copy of the guarantee issued to Owner and Landscape Architect upon final completion of installation. C. Certificates : 1 . Submit certificates from supplier stating the delivered topsoil mix, sod, and other landscaping materials comply with requirements specified. 2 . Deliver certificates upon final completion of the installation. Miami Beach Golf Club 02900-2 Drainage Conveyance Improvements City of Miami Beach 3 . Certificates of Inspections: Shipments or orders of plant material shall be properly inspected at nursery or growing site by authorized federal and state authorities . Include certificates with shipment. 1 . 05 QUALITY ASSURANCE A. Qualifications of Workers : Provide at least 1 person who shall be present at all times during execution of this portion of work thoroughly familiar with type of materials being installed and best methods for their installation and who shall direct the work performed under this section. B . Obtain written acceptance from Landscape Architect for any variation from specified requirements before proceeding with work. C. Planting Materials : Meet or exceed specifications of federal, state, and county laws requiring inspection for plant disease and insect control . D. Sod Procurement : Comply with white-fringed beetle and fire ants quarantine requirements . E. Before planting is installed, test topsoil and amend the topsoil as recommended by the testing lab to verify topsoil pH is between 6 . 0 and 6 . 5 and is suitable for intended use. F. In the event that Landscape Architect suspects deficiencies in materials used on this project, such materials will be tested by the Owner contracted testing laboratory. 1 . Cost of Testing: a. Initial Testing: By the Owner. b. Retesting: By Contractor. 2 . Evidence of non-compliance will result in rejection of all work. 1 . 06 DELIVERY, STORAGE, AND HANDLING A. Delivery and Storage: 1 . Deliver items to the site in original containers with labels intact and legible at time of Landscape Miami Beach Golf Club 02900-3 Drainage Conveyance Improvements City of Miami Beach Architect inspection. 2 . Immediately remove from the site materials not complying with these specifications . 3 . Use all means necessary to protect materials before, during, and after installation and to protect installed work and materials of all other trades . B . Replacements : Upon damage or rejection, immediately make repairs and replacements necessary for the acceptance of Landscape Architect at no additional cost to the Owner. C. Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit . The use of anti-transparent protection, according to the manufacturer' s specification, is encouraged. D. Plants shall not be planted on job until they have been inspected at receiving site and accepted by Landscape Architect . E . Legible identification tags shall be attached to at least one plant of each species. Packages, boxes, or bunches of plants shall also be identified with a similar tag. Plants showing improper handling, bruised trunks, broken branches, or root balls, or arrive on site in an unsatisfactory condition will be rejected. F. Shipment and Delivery: Acceptance of plant material will be given by the Landscape Architect and the Owner only after the material is planted and after meeting all of the incidental requirements specified and on drawings . 1 . 07 SEQUENCING A. Before grassing work begins the Landscape Architect is to be notified not less than 2 workdays in advance. B-. Notify the Landscape Architect a minimum of 2 working days in advance of when plant material is to be delivered. C. Construction Review: In addition to other progress construction reviews, the Contractor shall schedule and facilitate the following subtrade related reviews, giving notice to the Landscape Architect at least 2 working days in advance. 1 . Review of proposed tree pit locations, as Miami Beach Golf Club 02900-4 Drainage Conveyance Improvements City of Miami Beach represented by staking. 2 . Review, upon delivery, of plant materials at the site to verify species, vigor, size, condition, shape, quantity, according to specification and drawings . 3 . Review of tree pit excavation and fine subgrade. 4 . Review of backfilling for palm and tree pits and the placement of the soil blanket . S . Review of work and materials after completion of planting. This review shall be scheduled sufficiently in advance and in cooperation with the Landscape Architect so that it may be conducted within 48 hours after completion of planting. 6 . Review after a 30-day period of maintenance, upon written request by the Contractor. Request shall be received at least 5 days before anticipated date of review. 7 . Review for final completion at the end of the warranty period. 1 . 08 WARRANTY A. Contractor is to replace, at no additional cost to the Owner, grass areas in unsightly or damaged condition, for 90 days after final completion. Replace, at no additional cost to the Owner, dead grass, dead trees, palms, shrubs, and ground cover for one year. 1 . Irrigate the newly planted grass, trees, palms, shrubs, and ground cover until final completion. Irrigation shall occur in sufficient quantity to insure the orderly establishment of the grass and planting. B . Warrant trees, shrubs, and ground covers for 1 year and sod for 90 days after final completion and the satisfactory conclusion of the maintenance period. Any planting that fails or dies within that period shall be replaced and replanted immediately without expense to the Owner, The Contractor shall not be held responsible for losses beyond his control arising from "Acts of Providence" ; acts of vandalism, or loss arising from documented neglect by the Owner to properly care for planting after final completion. C. Make periodic reviews of the grass and planting, at no extra cost to the Owner, during the warranty period to determine what changes, if any, should be made in the Owner' s maintenance program. Proposed changes shall be submitted, in writing, to the Owner and, jointly by copy, Miami Beach Golf Club 02900-5 Drainage Conveyance Improvements City of Miami Beach to the Landscape Architect . D. At conclusion of the 1-year and 90-day warranty periods, the A/E will make a construction review to determine the condition of planting and sodding. Plants or sod that have died or, in the opinion of the A/E, are in an unhealthy or badly impaired condition for reasons other than vandalism, "Acts of Providence" , or documented neglect by the Owner, shall be replaced by the Contractor as soon as possible, except that replacement will not be required in any season definitely unfavorable for the kinds of plants involved. E. At the end of the warranty period, remove saucers and mulch. Place sod around trees formerly saucered and mulched. Guying and bracing of trees shall remain in place until windfirm. 1 . 09 MAINTENANCE A. Maintain sod and planting, starting at the time of planting and continuing for 90 calendar days after final completion. B . Maintain and protect sodding and planting including incidental materials until end of maintenance period. C. Tree Maintenance: 1 . Maintenance shall begin immediately after each plant is planted and shall continue until final completion. Plants shall be watered, mulched, weeded, pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected during time stated above. 2 . Settled plants shall be reset to proper grade position, planting saucer rested and dead material removed. Guys shall be tightened and repaired. 3 . Defective work shall be corrected as soon as possible after it becomes apparent and weather and season allows . Upon completion of planting, the Contractor shall remove from the site excess soil and debris, and repair damage to structures, etc . , resulting from planting operations . D. Sodding Maintenance : 1 . Provide a complete maintenance cultural program until final completion. 2 . Cultural program shall consist of watering, Miami Beach Golf Club 02900-6 Drainage Conveyance Improvements City of Miami Beach fertilizing, mowing insect and disease control, and weed control . a . Begin mowing program as soon as sod is firmly rooted. Mow sod with a rotary type mower at least twice per month at a 3 inch mowing height . Mowing program shall include weed eating and edging of beds, and along walks, curbs, and buildings . 3 . Final completion is contingent upon full coverage of the sodded area resulting in healthy, vigorous turf, free of insects, disease, and weeds . 4 . Contractor shall submit a written schedule for proposed maintenance of sodded areas . E. General Maintenance: 1 . Maintenance shall include watering, weeding, fertilizing, cultivating, spraying, adjustment of guying, staking, and pruning necessary to keep plant materials in a healthy vigorous growing condition and to keep planted areas neat and attractive . 2 . Provide equipment and means for proper application of water to those planted areas not provided with an irrigation system. F. Replacements : 1 . At the end of maintenance period, plant material shall be in a healthy growing condition. 2 . During maintenance period immediately replace any plants showing weakness and probability of failure with a new healthy plant of the same type and size, without additional cost to the Owner. G. Extension of Maintenance Period: Continue maintenance period, at no additional cost to the Owner, for additional 30 days after previously noted deficiencies have been corrected. Warranty extension period shall start upon acceptance of planting and at the end of the maintenance period. H. The Contractor shall conclude maintenance (exclusive of replacement within warranty period) upon written acceptance of the A/E at the end of the maintenance period or, as provided for above, at the end of the extended maintenance period. Miami Beach Golf Club 02900-7 Drainage Conveyance Improvements City of Miami Beach I . Protection: 1 . Irrigate the newly planted grass until final completion. 2 . Planting area shall be kept weed free with a herbicide program until final completion. PART 2 PRODUCTS 2 . 01 MATERIALS A. Planting Soil : An evenly blended mixture of 50 percent muck, 25 percent sand, 15 percent Sphagnum peat moss and 10 percent sheep manure. Add 2 pounds of fertilizer, as specified, to each cubic yard of soil and thoroughly mix. Planting soil shall have pH of between 6 . 0 and 7 . 0 after mixing and fertilizer amendment . B . Topsoil Mixture (By Volume) : 80 percent sand and 20 percent muck thoroughly mixed with a commercial shredder/blender or equivalent . 1 . Material shall be proportioned by volume rather than weight . 2 . Site mixing is not allowed. 3 . Mixture shall be free of rocks greater than 1/2" in size, limbs, roots, and other deleterious matter. 4 . The Owner reserves the right to reject topsoil, at any time, used during the execution of work not meeting specifications . C. Sand. 1 . Sand shall be free of silt and sludge. 2 . Sand shall be well washed consisting of fresh water medium to coarse silica sand. 3 . Cyclone sand is not acceptable. 4 . Use unmixed sand for top dressing. D. Muck. 1 . Muck shall be peat material removed from areas marked "Florida Everglades Peat" on Soil Conservation Service Soils Maps . 2 . Muck shall be capable of sustaining vigorous plant growth and specifically pulverized for agricultural use. 3 . Muck shall be sterilized to be free of viable nut Miami Beach Golf Club 02900-8 Drainage Conveyance Improvements City of Miami Beach grasses and other undesirable weeds . E. Peat : 1 . Free of deleterious materials harmful to plant growth and free of nematodes . 2 . Uniform in quality. 3 . Peat shall have a pH between 5 . 5 and 6 . 5 as determined by ASTM E70 . F. Sludge: Fine residual from oolite rock crushing operation from rock processing plant . G. Clay: Florida red clay, free from rocks, or accepted equivalent . H. Top Dressing for Sodded Areas : Clean sand, mined from fresh water. Sand mined from salt water is unacceptable. I . Commercial Fertilizers : 1 . Commercial grade fertilizer, uniform in composition, dry, free flowing, and delivered to site in fully labeled, unopened containers, bearing name, trade name or trademark and warranty of producer. 2 . Fertilizers shall comply with applicable State and Federal law. 3 . At least 50 percent of the nitrogen content shall be derived from natural organic sources and potash derived from sulphate of potash. 4 . Each container of fertilizer shall bear manufacturer' s statement of analysis or a manufacturer' s certificate of compliance shall be submitted to the Landscape Architect upon delivery to the site . S . The following minimum percentages of available plant food by weight are required. 6 . Fertilizer: a. Milorganite 6-2-0 is to be applied to sod beds before installation of sod. b. 30 days after the installation of sod or as directed by the Landscape architect, apply a 12-4-8 granular blend. 7 . 12-4-8 Fertilizer: a. Total Nitrogen, not less than 12 . 00 percent . b. Nitrate Nitrogen, not less than 1 .5 percent . c . Ammoniacal Nitrogen, not less than 5 . 7 percent . Miami Beach Golf Club 02900-9 Drainage Conveyance Improvements City of Miami Beach d. Granular Blend Requirements : 1) . Water soluble organic nitrogen, not less than 1 . 3 percent. 2) . Water insoluble organic nitrogen, not less than 3 . 5 percent . 3) . Available Phosphoric Acid, not less than 4 . 0 percent . 4) . Water Soluble Potash, not less than 8 . 0 percent . 5) . Total primary plant food, not less than .24 . 0 percent . 6) . Chlorine, not more than 6 . 0 percent . 7) . Secondary Plant Foods : OXIDE ELEMENTAL Magnesium 2 Mg 1 . 20% Manganese 1 Mn . 700 8) . From F.T.E. 5 04 - 30 lbs . per ton to be composed of the following elements : ELEMENTAL Boron B203 0 . 1845-0. B 0 . 05% Copper CuO 0 . 1312% Cu 0 . 100-0 Iron Fe203 0 . 3360-0. Fe 0 .26-0. Manganese MnO 0 . 1372% Mn 0 . 100 Molybdenum M003 0 . 0015% Mo Zinc ZnO 0 . 1312% Zn 0 . 100-0 9) . Derived from this source materials : i . Ammonium Nitrate ii . Sulfate of Ammonia iii . Ureaform or I .B.D.U. iv. Triple Superphosphate v. Muriate of Potash vi . Sulfa-Mag vii . Manganese Sulfate 10) . Materials shall be prilled or granular except Manganese Sulfate. e . Statement of Analysis : Each container of fertilizer shall bear producer' s statement of analysis or producer' s certificate of compliance shall be submitted to the Landscape Architect upon delivery of fertilizer to Miami Beach Golf Club 02900-10 Drainage Conveyance Improvements City of Miami Beach jobsite. J. Solid Sod: 1 . Sea Isle 1 Paspalum: At right-of-ways and all other areas not occupied by structures, roadways, walkways, other plantings or sod, or parking lots . 2 . Mow sod to a height not to exceed 1-1/2" before lifting. 3 . Lifts shall have uniform thickness with not over 1- 1/2" nor less than 1 inch of soil . 4 . Sod shall be strongly rooted and free of pernicious weeds, 1-1/2" minimum root structure, freshly dug, brought to the site and placed immediately. 5 . Sod showing discoloration or wilting will be rejected. 6 . Sod containing nutgrass, lippia, water sedge, and dollar weed is not acceptable . K. Trees : 1 . Trees and shrubs shall be as noted on plans and as approved by the Owner and the Landscape Architect . 2 . Caliper measurement, height measurement, height relation to caliper, spread, bare root, ball dimensions, and ground covers, etc. shall comply with the applicable standards above and the requirements for this project . 3 . Substitutions in plant species or sizes shall be made only after written authorization by the Landscape Architect and the Owner. 4 . Materials or Work may be rejected if, in the opinion of the Landscape Architect, such work does not meet the requirements of the Specifications . Rejected materials shall be promptly removed from the site by the Contractor at no expense to the Owner or Landscape Architect . L. Pruning: 1 . Plants shall not be pruned before delivery except as authorized by the Landscape Architect . 2 . Plants shall have been transplanted or root pruned at least once in the 3 years before delivery date . 3 . Immediately upon selection by the Contractor and acceptance by the Landscape Architect, major trees shall be completely root pruned at the nursery site and held in that condition for 45 to 60 days . Plants shall not be further dug or transported without acceptance of the Landscape Architect and the Owner. Miami Beach Golf Club 02900-11 Drainage Conveyance Improvements City of Miami Beach M. Tree Guying: 1 . Fabric tie straps anchored to 2" x 4" pressure treated stakes . 2 . Pressure treated 2 inch x 4 inch x 3 feet (deadman) Southern Yellow Pine free -of knots, rot, or other weakening characteristics . 3 . Red plastic flagging 4 . The use of nails, wire, rope or other methods which damage the tree or palm is prohibited. N. Peat : Sphagnum peat moss for horticultural use. 0. Mulch: Shredded red dyed mulch. P. Anti-Transparent : "Dowax" or "Wilt-Pruf" . Q. Sand Screen: To consist of 4 inches of clean, salt and weed free, sharp sand over 2 inches of pearock. R. Sand Screen Edging: Similar to Ryerson steel edging. S . Water: Potable water shall be provided by the Contractor. Upon emergency or other loss of water supply, the Contractor shall be responsible for water supply. T. Plant Material : 1 . Plant species shall comply with those indicated on Drawings . 2 . Plant Quality: a. Plants shall be freshly dug, balled and burlapped nursery grown stock or container grown nursery stock. Plants shall be free of broken, damaged root balls or root bound conditions . Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests or their eggs, and shall have healthy normal root systems. b . Collected plants shall not be used unless authorized in writing by the Landscape Architect . C . Plant material, not specified as "Specimen" , shall be Florida No. l or better quality, graded according to Grades and Standards for Nursery Plants, published by the State of Florida, Department of Agriculture. Plants judged to be not according to said standards Miami Beach Golf Club 02900-12 Drainage Conveyance Improvements City of Miami Beach will be rejected. U. Moisture Retention Granules: Provide Terra-sorb granules to all palm and tree pits . Part 3 EXECUTION 3 . 01 INSPECTION A. Do not proceed with the work of this section until conditions detrimental to the proper and timely completion of the work have been corrected in an acceptable manner. B . Inspect work of other trades and verify work is complete to the point landscape work may start . Verify planting may be completed according to Construction Documents . C. Discrepancies : 1 . In event of discrepancy, immediately notify the Landscape Architect . 2 . Do not proceed with installation of materials or plants in areas of discrepancy until such discrepancies have been fully resolved to the satisfaction of the Landscape Architect . D. It shall be the Contractor's responsibility to thoroughly test the irrigation system before planting and report any malfunctions to the Owner. No planting shall be done until the irrigation system is operating properly. 3 . 02 PREPARATION A. Stake the proposed location of trees to be planted. B . Excavate planting pits and beds, prepare fine subgrade, place soil blanket . C. Provide plants, fertilizer, sod, planting soil, and incidental materials as specified. D. Place plants, backfill, and guy or brace plants as required. E. Fine grade, sod lawn areas, and complet-e incidental work as specified. 3 . 03 PREPARATION OF ROUGH GRADING AND SUBGRADE Miami Beach Golf Club 02900-13 Drainage Conveyance Improvements City of Miami Beach A. Rough grading and subgrade shall be correct and suitable materials and proper drainage shall exist before placing sod. Soil or drainage conditions detrimental to growth of plant material shall be corrected. B. Existing subgrade shall be scarified to a minimum depth of 3 inches before spreading of topsoil . Subgrade shall be brought to true and uniform grade, and shall be cleared of stones greater than 2 inches, sticks, and other extraneous materials . C. Soil in compacted areas shall be tilled to a depth of 12 inches to produce a loose friable soil . D. Sodding shall not begin if any areas exhibit ponded conditions . 3 . 04 SPREADING OF TOPSOIL A. Subgrade shall be damp when topsoil is spread. B. Areas where sod is to be planted shall have a subgrade 6 inches lower than the finish grade . A 4-inch layer of topsoil shall be added before the placing of sod. C. Topsoil in areas to receive sod shall be fine graded with drag or rake . Remove sticks, stones, and extraneous matter. Grading shall round out breaks in grade, smooth down lumps and ridges, and fill in holes and crevices . Grade shall be maintained until placement of sod. D. Topsoil shall be partially incorporated into the subsoil to avoid potential layering effect of different soil layers. Apply 1/3 topsoil depth. Roto-till, plow, or disk into subsoil, then apply remainder. 3 . 05 APPLICATION A. Finish Subgrade: Upon acceptance of rough grading elevations, establish fine subgrade with smooth and even finish. Remove rocks more than 1-inch diameter, sticks, debris, and vegetation to a depth of 6 inches . Final subgrade shall be established as specified. Depths are relative to the elevation of the walkway, paving, the top of curb, or, in the absence of curbing, the top of roadway paving or the proposed finished contour: AREA SUBGRADE DEPTH (Minimum) Topsoil 6" Ground Cover & Vines 1 ' -2" Miami Beach Golf Club 02900-14 Drainage Conveyance Improvements City of Miami Beach Shrub Bed 1 ' -8" Hedge 1 Ft . 8" B. Planting Trees : 1 . Excavation: a. Excavations identified as having potential utility or service line conflicts shall be excavated by hand tools to det-ermine the location of any utilities . b. Excavate tree and palm pits as necessary to accommodate root balls of material when plant is set to finished grade, with a minimum of 6 inches of specified planting soil under the spread of bottom most roots . Diameter of pits for trees shall be at least 1 foot greater than diameter or spread of roots . C . Barricade or mark excavations to prevent hazards to mechanical vehicles and pedestrians . 2 . Planting: g a. Set trees in vertical position with the grade elevation of the previous container or field growth equal to finish grade. b. Set plant in upright position in center of hole and place specified planting soil around rootball . C . Thoroughly water each plant when hole is 2/3 twigs and branches . Cuts more than 3/4" diameter shall be painted with an accepted horticultural tree wound paint . Plant materials shall meet specifications after pruning. d. Earth shall be banked at edge of pit to form broad saucer not less than 4 inches in depth. Flush planting soil into place with slow hose stream until air pockets are eliminated and pit is filled with soil to saucer grade. e . Trees shall be guyed or staked in an upright position immediately after planting in one of the following ways : 1) . Immediately after planting, wrap the trunk with 5 layers of burlap. Place 2"x4"x16" pressure treated southern yellow pine wood strips over burlap & band to trunk. Nail 3-2 11x4" wood Miami Beach Golf Club 02900-15 Drainage Conveyance Improvements City of Miami Beach supports equidistant around tree at a 600 angle to 2 11x4" straps (do not nail directly to trunk of tree) . Wood supports to be attached to 2"x4" , 18" long, wood stakes to be installed a minimum of 3" below grade. Red warning tape shall be placed midpsan of supports. 2) . Immediately after planting, use natural fabric tie straps (hemp or sissel) , anchor to 2 1lx4" , 36" long pressure treated southern yellow pine wood stakes, (3) stakes minimum all around. Wood stakes to be installed a minimum of 3" below grade. Red warning tape shall be placed midspan of fabric ties . 3) . Or as per construction details located on landscape plan (s) . f . Pruning shall be limited to remove injured twigs and branches . Cuts more than 3/4" diameter shall be painted with an accepted horticultural tree wound paint . Plant materials shall meet specifications after pruning. g. If planting is performed after sod placement, proper protection shall be provided and damage resulting from planting operations shall be repaired promptly. h. Install and brace palms in a vertical position. Place a minimum of 5 layers of burlap around the trunk and, in turn, have a minimum of five wood battens placed vertically over it . The battens shall be retained in place by two 3/4" high carbon steel bands . Three wood braces, placed at a 60-degree angle equidistant around the plant, shall be nailed to the battens . No nails shall be placed into the palm trunk. Three bracing pads shall be placed below grade at the bottom of each brace. i . Pits within which palms are planted shall be backfilled with clean, sharp coarse, salt-free sand. 3 . Removal of Burlap: a. After the soil ball is in the hole, remove burlap from top and sides of the ball but not from beneath the ball . If removal of the Miami Beach Golf Club 02900-16 Drainage Conveyance Improvements City of Miami Beach burlap will cause soil crumbling, roll burlap back only from the top and slit along the sides . 4 . Pest Control : Set up spray program to guard against scales, borers, foliage feeders, aphids, mites, leaf-spot and dieback, nematodes and canker- producing fungi . 5 . Provisional Inspection: a. On completion of the work and upon receipt of the written request of the Contractor, the Landscape Architect shall inspect planting work for substantial completion. The request shall be received from the Contractor at least three workdays before the anticipated date of provisional inspection. b. The Contractor shall repair or replace defective work before substantial completion of the work. 6 . Final Inspection: At the end of the warranty period, inspection of plants will be made by the Landscape Architect upon written notice requesting such inspection, submitted by the Contractor at least 3 days before the anticipated inspection. Defects discovered shall be repaired or replaced by the Contractor. 3 . 06 INSTALLATION OF SODDING A. Install sod as soon as practical following placement and grading of topsoil mixture . B . Fertilizer: Spread 30 pounds of commercial fertilizer per 1, 000 square feet of finished topsoil, lightly rake in and level . C. Soil Testing and Amendment : 1 . Obtain and test, one representative mixed sample, each, of planting soil and top soil materials intended for use on this project. These samples shall be blended mixes composed uniformly of materials taken from the stockpile of the two respective soil types . 2 . Test soils for horticultural purposes and submit the test results to the Landscape Architect accompanied by a recommendation from the testing agency regarding the suitability of the samples and Miami Beach Golf Club 02900-17 Drainage Conveyance Improvements City of Miami Beach appropriate soil amendments required to correct any detrimental or deficient soil conditions . 3 . Testing shall include, but not be limited to: a. Tests required to determine soil pH and the identification and quantity of soluble salts or other common pollutants that may be in the samples . Soil pH range for sodded areas shall be 6 . 0-6 . 5 . b. After application of topsoil and amendments, a representative soil sample shall be obtained by collecting 15 to 20 samples from the top 4 inches of soil from various areas . C . Samples shall be combined and mixed thoroughly. d. Submit samples to an independent testing firm for analysis . e. Analysis shall provide pH and fertility levels of soil along with recommended actions for appropriate soil amendments to adjust pH levels and fertility levels . f . Contractor shall amend soil according to analysis recommendations by roto-tilling the amendments thoroughly into the top 4 inches of soil . g. A second soil sample shall be submitted for analysis after soil amendments have been incorporated into the soil . h. Final soil testing analysis results shall be submitted to the Owner before any planting of sod. D. Sod Placement : 1 . Lift sod from trucks or storage piles and place by hand with closed joints and no overlapping or foot catchers. 2 . Ground shall be leveled with the back of a rake and sod laid with joints closely butted so no voids are visible, keeping surface of sod flush with the adjoining pavements. 3 . After laying, sprinkle sod thoroughly, and tamp sufficiently to incorporate sod with topsoil blanket and to insure tight joints between sections or strips . 4 . After laying, cover sod with sufficient sand top dressing to fill voids remaining and then thoroughly water to wash top dressing into sodded surface. 5 . Completed sod surface shall be true to finish grade Miami Beach Golf Club 02900-18 Drainage Conveyance Improvements City of Miami Beach indicated on plans, even and firm at all points and shall, after settlement, be flush with top of abutting walks, paving, concrete borders, catch basins and the like. 6 . Keep new sod properly watered until final completion. 7 . Protect sodded areas against trespassing and damage of any kind for the -duration of maintenance period. 3 . 07 ADJUSTMENT AND CLEANING A. Site Clean-Up: 1 . Upon completion of any landscape project, thoroughly clean up the project site. 2 . Remove equipment, unused materials, deleterious material, and surplus excavated material . 3 . Fine grade disturbed areas and the areas adjacent to the new plantings to provide a neat and uniform site. 4 . Damaged or altered existing structures, because of the landscape work, shall be corrected. END OF SECTION Miami Beach Golf Club 02900-19 Drainage Conveyance Improvements City of Miami Beach ATTACHMENT E 1. CRITICAL PATH METHOD CONSTRUCTION (CPM)SCHEDULES 1.01 General This specification addresses the Critical Path Method(CPM)construction schedule requirements for City of Miami Beach contracts. The Contractor or Design/Build Firm, herein collectively referred to as the"Contractor"will provide and update a construction schedule to the City of Miami Beach and Design Criteria Engineer, if applicable, herein referred to as the"City", which will be used as a quantitative basis to: • Ensure adequate planning and execution of the Work by Contractor; Assist City in evaluating progress of the Work; • Evaluate requests for additional contract time; • Provide for optimum coordination by Contractor of its trades, subcontractors, and suppliers, and of its Work with the Work or services provided by any separate Contractor(s); • Permit the timely prediction or detection of events or occurrences which may affect the timely prosecution of the Work; • Provide a mechanism or tool for use by the City and Contractor in determining and monitoring any actions of the Contractor which may be required in order to comply with the requirements of the Contract Documents relating to the completion of the various portions of the Work by the Specific Dates specified in the Contract Documents; and • Manage City management and inspection personnel. 1.01.01 The Contractor is responsible for determining the sequence of activities, the time estimates of the detailed construction activities and the means, methods, techniques, and procedures to be employed. The Construction Schedule shall represent the Contractor's best judgment of how it will prosecute the Work in P J 9 P compliance with the Contract requirements. Contractor shall ensure that the Construction Schedule is current and accurate and is properly and timely monitored, updated, and revised as Project conditions and the Contract Documents may require. Construction sequence must be in accordance with Contract Documents. 1.01.02 The Contractor's construction schedule shall encompass the entire contract period, and be developed consistent with the contract milestones, phasing, and maintenance of traffic plan. Critical path activities shall be identified for the duration of the Work.The schedule shall reflect any utility relocations noted in the contract documents and include activities of appropriate duration for the utility adjustments.Where utility durations are unknown, the Contractor shall provide a reasonable estimate of duration and provide an explanation of this estimate in the narrative. Further utility duration changes will be addressed in monthly schedule updates. Failure to include activities for any element of Work or any known utility Work will not relieve the Contractor from completing the Work within the allotted contract time. The schedule shall also include sufficient information City of Miami Beach 01311-1 Updated:June 20, 2013 as outlined in this specification to provide for monetary and quantitative tracking of the Work by the City. 1.01.03 Contractor shall maintain as part of its organization, or hire a subcontractor with, a competent staff of sufficient size who is knowledgeable in the use, application, and implementation of CPM as required by the Contract Documents. It shall be the responsibility-of this staff to prepare and input information for the Construction Schedule, monitor progress, provide input for updating and revising logic diagrams when necessary and otherwise assist the Contractor in fulfilling its obligations hereunder. 1.01.04 Acceptance by the City of the Contractor's Construction Schedule, or any revisions or updates thereto, is advisory only and shall not relieve the Contractor of the responsibility for accomplishing each portion of the Work within each and every applicable Specific Date. Omissions and errors in the approved or accepted Construction Schedule, or any revisions or updates shall not excuse performance which is not in compliance with the Contract.Acceptance by the City in no way makes the City or Design Criteria Engineer an insurer of the reliability, accuracy, or feasibility of the Construction Schedule nor liable for time or cost overruns flowing from such omissions or errors. It is understood and agreed that Contractor cannot rely upon any informal or constructive acquiescence or acceptance of the Construction Schedule by City or Design Criteria Engineer. 1.01.05 Should Contractor intend or plan to complete the Work,or any portion thereof, earlier than any applicable Specific Date or the Contract Time, Contractor shall give timely and reasonable notice of this fact to City. City shall have the sole discretion to agree to or reject such early completion plan by Contractor. City and Design Criteria Engineer shall have no duty or obligation to agree to, or to cooperate with Contractor regarding any early completion plan or proposal by Contractor and shall not be liable for any damages of Contractor because of the rejection by City of said plan. 1.01.06 Among other things, the Design Criteria Engineer and City will review: the objectives of the Schedules and Reports requirements; the procedures and requirements for the preparation of the Construction Schedule and Schedule of Values by Contractor; how the requirements of the Contact Documents will be monitored and enforced by the Design Criteria Engineer and City; long-lead items and time requirements for Work by Subcontractors will be identified. It is understood and agreed that the City and/or Design Criteria Engineer have no authority to waive any requirements of the Contract Documents at this orientation meeting, and all requirements of the Contract Documents remain applicable to Contractor's Work whether or not discussed at this session. 1.01.07 It is understood and agreed that the Construction Schedule is to represent Contractor's best plan and estimate for the Work; however, Contractor acknowledges that the Construction Schedule may have to be revised from time- to-time as progress proceeds. Contractor further acknowledges and agrees that the City and Design Criteria Engineer do not guarantee that: (1)Contractor can start Work activities on the"early start"or"late start"dates or complete Work activities on the "early finish"or"late finish"dates shown in the schedule, or as same may be updated or revised; (2) Contractor can proceed at all times in the sequence established by the utilization of only the resources and manpower it initially plans for the performance of the Work; (3)Contractor's Construction Schedule will not have to be modified in order to obtain the agreement of any separate Contractor(s)to the schedule; or(4)Contractor's Construction Schedule City of Miami Beach 01311-2 Updated:June 20, 2013 will not have to be modified or changed by direction of the City and/or Design Criteria Engineer.Any changes, modifications or adjustments made by Contractor to the Construction Schedule shall be in full compliance with all requirements of the Contract Documents. The Contractor acknowledges and agrees that its Construction Schedule must be flexible to accommodate and allow for its coordination with the operations of the City, residents and/or the Work of separate Contractors relating to the Project. The City and Design Criteria Engineer will review the Contractor's Construction Schedule for compatibility with City operations and the Work of separate Contractors. Contractor agrees to hold meetings with the City, Design Criteria Engineer and separate Contractors to resolve any conflicts between Contractor's Construction Schedule and the operations of the City or Work of separate Contractors. Contractor agrees to fully cooperate with City and separate Contractors to resolve such conflicts and to revise its Construction Schedule as reasonably required. 1.01.08 City shall have the right to require the Contractor to modify any Contractor data or any portion of the Contractor's Construction Schedule, Schedule of Values or Recovery Schedule, as herein required, with Contractor bearing the expense thereof,which the City reasonably determines to be: • impracticable; • based upon erroneous calculations or estimates; • unreasonable; • required to ensure proper coordination by Contractor of the Work of its Subcontractors and with the Work or services being provided by any separate Contractor(s); • necessary to avoid undue interference with the owner's operations or those of any utility owners or adjoining property owners; • necessary to ensure completion of the Work by the Specific Dates set forth in the Contract Documents; • required for Contractor to comply with the requirements of the Contract Documents; • not in accordance with the Contractor's actual operations. Schedule ypes Contractor shall develop and maintain CPM schedules for all projects using Primavera P6 (or latest version)or Microsoft Project.When submitting schedules to the City of Miami Beach, the Contractor shall assign file names to each schedule file (baseline and updates)according to the following conventions (dates are YYMMDD): Type of Schedule Submitted: Baseline- File Name Convention: [Data Date]b-Project Name Update—File Name Convention: [Data Date]u-Project Name File Name Example: 120101b-South Pointe Phase III, IV, V (Vote on Data Dates -The initial Baseline Construction Schedule shall have a data date equal to the date of submission of the schedule and not include any Work to date. Monthly schedule updates shall have a data date set the same as the most recent payment application period end date. 1.03 Schedule Submissions All submissions shall be made within the time frames defined under 1.04 Submission, Review and Acceptance Process below. Electronic File: Each baseline construction schedule and monthly update submission shall be submitted to the City of Miami Beach in .xer format and .pdf format. City of Miami Beach 01311-3 Updated:June 20, 2013 Hard Copies: A hard copy of each baseline construction schedule and monthly update submission shall be provided to the City. Printout shall include the following columns on 11 inch x 17 inch paper: Activity ID,Activity Name, Original Duration, Remaining Duration, Early Start, Actual Start, Early Finish, Actual Finish, Schedule% Complete, Budgeted Total Cost, Actual Total Cost, Remaining Cost, and Total Float. 1.04 Submission, Review and Acceptance Process 1.04.01 Baseline Schedule—For all projects except Design/Build contracts, Contractor shall submit a Critical Path Method (CPM)Contract Schedule and Narrative to the City within 7 calendar days after NTP 1 or 15 days prior to the preconstruction conference,whichever is earlier. For Design/Build projects, within 15 calendar days after City's comments to the Preliminary CPM Schedule, but prior to, and as a condition of, the City's issuance of the second Notice to Proceed, Design/Builder shall prepare and submit for City's acceptance, a final CPM Schedule for the Work. The CPM Schedule and Narrative shall be submitted via hard copy(11x17), and CD including .pdf copies of Schedule and Narrative and the .xer version of Schedule. Upon receipt of the CPM Construction Schedule, City of Miami Beach shall review and provide comments to the Contractor within 10 business days.The Contractor will have 5 business days to respond to City of Miami Beach comments. This process will continue until the City determines the construction schedule is acceptable. The Contractor shall present their accepted schedule at the Preconstruction Conference. In the event the schedule has not been accepted (i.e. review process is ongoing), the most current schedule under review shall be presented. Acceptance of the submitted schedule by the City of Miami Beach will establish the baseline schedule for the contract. This acceptance by City of Miami Beach does not serve to excuse any omissions or errors in the Contractor's schedule(i.e. activities not included in baseline will not be considered in any time extensions). Review and acceptance of baseline schedule is required prior to start of Work. Delays in reaching this acceptance will not constitute a basis for granting additional contract time. The Baseline Construction Schedule shall utilize the entire contract duration but not extend beyond the number of Working days or completion date originally provided in the contract. Schedule Approval: • The form and content of the schedule and reports prepared shall be subject to the approval of the Project Consultant and The City of Miami Beach. • Said approval relates only to complying with the scheduling specifications and not to construction means and methods. • Contractor's invoices shall not be processed until baseline schedule and current update are approved. • Schedules and durations of any activities and labor efforts required to complete activities shall have the agreement of all subcontractors. 1.04.02 Monthly Updates—Monthly updates shall be made no later than 15 days following the most recent payment application period end date and shall have a data date the same as the pay application period end date. CPM schedule updates shall be submitted via CD in both .xer and .pdf formats. Failure to submit acceptable schedule updates as required will result in the withholding of pay applications. Updates shall include the following: • Updated schedule to show actual progress on activities City of Miami Beach 01311-4 Updated:June 20, 2013 • Updated schedule to show actual completion on milestones • Narrative to describe progress, planned activities, issues, adjustments to remedy any activities or milestones behind schedule, etc., as described in 1.03- Schedule Submissions. • Program generated error report(schedule log)showing there are no errors in logic, etc. Each approved Change Order shall be reflected in the current schedule.Any change in contract time approved by Change Order shall be reflected in an updated baseline as described below in 1.04.05-Baseline Schedule Changes. If the initial run of any monthly update of the schedule results in negative float, (delay in projected completion date of any phase or substantial/final completion), and the project delay can be mitigated by adjusting the schedule through changes in logic or reducing durations of critical items, the Contractor may make those changes before the submission of the schedule update provided that: • A detailed explanation of all logic and duration changes is included in the narrative. • Changes in duration are realistic and supportable by historic productivity and quantity analyses. • Logic changes are consistent with standard industry practices and are subject to review and approval by the Consultant and the City of Miami Beach. 1.04.03 Recovery Schedule - Should the updated Construction Schedule show at any time during Contractor's performance, in the sole opinion of the City, that the Contractor is fourteen (14)or more days behind schedule for any Specific Date, The Contractor shall prepare a Recovery Schedule at no additional cost to the City(unless the City is solely responsible for the event or occurrence which has caused the schedule slippage)explaining and displaying how Contractor intends to reschedule its Work to regain compliance with the Construction Schedule during the immediate subsequent pay period. If the Contractor believes that all of the time can be recovered during the subsequent pay period the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty(30)days to recover all of the lost time, it shall prepare and submit a request for revision to the Construction Schedule and comply with all of the requirements for a Schedule Revision. 1.04.03.01 The Contractor shall prepare and submit to the City and Design Criteria Engineer a one-month maximum duration Recovery Schedule, incorporating best available information from subcontractors and others which will permit return to Construction Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Construction Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate CONTRACTORs on the Project. 1.04.03.02 Within two (2)days after submission of Recovery Schedule to the City and Design Criteria Engineer, the Contractor shall participate in a conference with the City and Design Criteria Engineer to review and evaluate the Recovery Schedule.Within two (2)days of conference, the Contractor shall submit the revisions necessitated by City of Miami Beach 01311-5 Updated:June 20, 2013 the review for the City and Design Criteria Engineer's review and acceptance. The Contractor shall use the approved Recovery Schedule as its plan for returning to the Construction Schedule. 1.04.03.03 Contractor shall confer continuously with the City and Design Criteria Engineer to assess the effectiveness of the Recovery Schedule.As a result of this conference, the City may require the Contractor to pertain the following: 1.04.03.03.1 If the City determines the Contractor is still behind schedule the City may direct the Contractor to prepare a Schedule Revision and comply with all of the requirements of a Baseline Schedule Change as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the City as provided elsewhere in the Contract Documents. 1.04.03.03.2 If the City determines the Contractor has successfully complied with provisions of the Recovery Schedule, the City may direct the Contractor to return to the use of the approved Construction Schedule. 1.04.04 As-Built Schedule—A final As-Built Schedule shall be submitted within 45 days following substantial completion of the Work or within 15 days following the contract completion, whichever is later. 1.04.05 Baseline Schedule Changes—Once the baseline schedule has been accepted, all subsequent schedules provided will be considered schedule updates and compared to the original baseline. A new baseline will only be considered when significant changes in contract scope, changes in City priorities, or delays beyond the control of the Contractor occur. If a baseline change is needed, the Contractor shall provide, in writing, a request to the City with the following information: • An electronic copy of the proposed baseline schedule using the following naming convention and in accordance with 1.02-Schedule Types(included previously) Type of Schedule Submitted: Updated Baseline File Name Convention: [Data DateWMMDD]ub—Project Name File Name Example: 120101 ub—South Pointe Phase III, IV, V • Narrative identifying changes warranting a new baseline In submitting any proposed schedule revisions to the Design Criteria Engineer, Contractor shall submit therewith the following certification: "The undersigned Contractor certifies that the proposed schedule revision to the Construction Schedule which comprised of the graphic network of activities displayed on the sheets dated and of the computerized mathematical reports dated is Contractor's schedule revision to the Construction Schedule as required by the Contract Documents; and that said schedule revision is a true and accurate representation of its plan to complete the Work, including all Change Orders that are in the Contractor's possession as of the foregoing date, and fully complies with the requirements of the Contract City of Miami Beach 01311-6 Updated:June 20, 2013 Documents. The Contractor further certifies that it will prosecute the Work in accordance with this schedule revision, subject to any change therein which is implemented in accordance with the Contract Documents; and the undersigned certifies that it has met and coordinated with and obtained the approval of said schedule revision by all separate Contractor(s), as evidenced by their signature thereon; and Contractor further certifies that it has met and coordinated with and obtained the approval of said schedule revision by all separate Contractor(s), as evidenced by their signature thereon; and Contractor further certifies it has fully complied with all of the requirements of the Contract Documents relating to coordination of said Schedule with separate Contractor(s)." 1.05 Schedule Narrative: Submit a Schedule Narrative Report with the baseline and each monthly schedule update describing current project schedule status and identifying potential delays. This report will include a description of the progress made since the previous schedule submission and objectives for the upcoming 30 calendar days. 1.05.01 The report shall indicate if the project is on schedule, ahead of schedule, or behind schedule as compared to the accepted baseline. If the project is ahead of schedule or behind schedule, the report shall include the specific number of calendar days. If the project is 14 or more calendar days behind schedule,the report shall include a detailed recovery plan that will put the project back on schedule. 1.05.02 The report will describe the current critical path of the project including the lowest total float value and indicate if this has changed in the last 30 calendar days. Discuss current successes or problems that have affected either the critical path's length or have caused a shift in the critical path within the last 30 calendar days. Identify specific activities, progress, or events that may reasonably be anticipated to impact the critical path within the next 30 calendar days, either to affect its length or to shift it to an alternate path. 1.05.03 List all schedule logic or duration changes that have been made to the schedule since the previous submission. Provide and explanation for any constraint used. For each change, describe the basis for the change and specifically identify the affected activities by identification number. 1.05.04 Identify any calendars used that are not City of Miami Beach specific, and explain the details of those calendars. 10.5.05 Identify schedule settings used. 1.05.06 Provide an explanation of lag for each activity with which it is associated. 1.05.07 Description of how the schedule is organized (e.g. broken down by road, location, CSI code, or activity). 1.05.08 Narrative will be submitted with a naming convention of[Data Date]n-Project Name.doc(e.g. 120101 n-South Pointe Phase III, IV, V.doc). Contractor will submit hard copy and electronic copy in .doc and .pdf format to the City. 1.05.09 Attach most recent Schedule Log listing critical activities and verifying integrity of the schedule logic. 1.06 Schedule Details City of Miami Beach 01311-7 Updated:June 20, 2013 1.06.01 Data Date-The Baseline Construction Schedule shall have a data date equal to the date of submission of the schedule and not include any completed Work to date. Monthly schedule updates shall have a data date set the same as the most recent payment application period end date. 1.06.02 Milestones—The Specific Dates set forth in the Contract Documents ' represent only the major items of Work and may include interface dates with the operations of the City, the Work of separate Contractors or others. Specific Dates are Contract requirements and are of the essence to this Contract and to the coordination of the Work by Contractor. Specific Dates represent the latest allowable start or completion time for those portions of the Work to which each Specific Date relates. The Specific Dates are not intended to be a complete listing of all Work under this Contract or of all interfaces with Work performed by other separate Contractors, the City or others. Contractor shall determine the time requirements for all such interfaces and shall be responsible for planning, scheduling and coordinating the Work in order to complete in accordance with those requirements. Schedule shall identify the following milestones (when applicable)as a minimum: • Notice to Proceed Date 1 (NTP 1):The NTP is determined in coordination between the City and the Contractor and shall be within 45 days of the Award Date unless extenuating circumstances warrant setting the NTP more than 45 days after the Award Date. Include any extenuating circumstances in the narrative. The Notice to Proceed 1 Date shall be the first milestone in the schedule. • Notice to Proceed Date 2(NTP 2): Issuance of this date indicates the project site is available to the Contractor and contract time has begun. If this date has not been established by the date of the schedule submission, an anticipated date shall be used. This must be described in the narrative. • Work Begin Date:Actual date that on-site Work commences. • Interim Completion Dates or Interim Milestones:When interim completion dates or interim milestones(associated with project stages)are included in the contract specifications. • Start of Paving:Date paving production and placement is to start. • Substantial Completion Date:Anticipated date that Work will be substantially complete. Project site will be available for the safe and convenient use of the general public; only allowable Work remaining at substantial completion is placement of permanent pavement markings and resolution of punch list items. • Temporary Certificate of Occupancy(TCO):Anticipated date that Work will be substantially complete. Facility will be available for the safe and convenient use of the general public. • Certificate of Occupancy(CO):Anticipated date that Work will be finally complete. Facility will be fully available for the safe and convenient use of the general public. • Final Contract Completion Date:Date defined by the City as the latest date for contract completion. This is the last milestone and will establish the finish date of the project schedule. The schedule updates may indicate a completion date in advance of the contract completion date. However, the City will not be liable for the Contractor's failure to complete the project prior to the Contract Completion Date. Any additional costs, including, but not limited to, extended overhead incurred between the Contractor's schedule City of Miami Beach 01311-8 Updated:June 20, 2013 completion date and the completion of the contract time, shall be the responsibility of the Contractor. 1.06.03 Activities—Each Activity shall be part of the logic driven network and include a predecessor(excepting the first activity)and a successor(excepting the last activity). Each activity's duration shall be limited to 14 calendar days except for procurement activities. As a minimum, the schedule shall include, but not be limited to, the following activities when related Work is part of the contract, but there shall be sufficient detail in included activities to determine monthly progress of Work and forecast of inspection and cost. Activities for deliverables and submittal reviews shall be included in the schedule. • Submittals:shop drawings, etc. • Mobilization:preparations for and moving of equipment, etc., to the project site. • Clearing& Grubbing:Self-explanatory. • Utility Relocations:The schedule must reflect the utility relocations noted in the contract documents, or otherwise discovered, and include activities of appropriate duration for the utility adjustments.Where utility durations are unknown, the Contractor shall provide a reasonable estimate of duration. • Earthwork:Unclassified &borrow excavation, compaction, fine grading, etc. • Drainage:Pipe, catch basins, manholes, etc. • Water/Sewer Lines: Pipe, structures, etc. • Base Course:Graded aggregate base courses, cement modified bases, etc. • Paving:Hot mix asphalt base, intermediate, and surface courses; Portland cement concrete pavements, etc. • Structures:Bridges, box culverts, retaining walls, etc. • Concrete Work:Curb, sidewalks, driveways, etc. • Electrical Work:Traffic signals or electrical Work for facilities. • Landscaping:All landscaping, irrigation, seeding, etc. 1.06.03.01 Activities relating to the project's total duration, such as General Conditions or supervision, shall be established as hammock type activities so earned value shall always equate to percentage completion of the entire job. Schedule activities in Working days(5 Working days per week)and in precedence format and include verbs in task descriptions to describe the action taken. For example, use "Install lighting fixtures" instead of"light fixtures." 1.06.03.02 For all major equipment and materials to be fabricated or supplied for the Project, the Construction Schedule shall show a sequence of activities including: • Preparation of Shop Drawings and sample submissions; • A reasonable time for review of Shop Drawings and samples or such time as specified in the Contract Documents: • Shop fabrication, delivery, and storage; • Erection or installation; and • Testing of equipment and materials. 1.06.03.03 Contractor shall be solely responsible for expediting the delivery of all materials and equipment to be furnished so that the progress of construction shall be maintained according to the currently accepted Construction Schedule for the Work. Contractor shall notify the City and Design Criteria Engineer in writing, and in a timely and City of Miami Beach 01311-9 Updated:June 20, 2013 reasonable manner, whenever Contractor determines or anticipates that the delivery date of any material or equipment to be furnished by Contractor will be later than the delivery date indicated by the Construction Schedule, or required consistent with the completion requirements of this Contract, subject to schedule updates as herein provided. 1.06.04 Cost Loading—No Cost loading is required. 1.06.05 Calendars—Contractor shall assign an appropriate City of Miami Beach calendar to each activity in the schedule. Alternate calendars may be assigned, but specifics of the alternate calendars must be justified in the baseline narrative. Contractor shall assign all calendars used as project specific. Acceptance of the alternate calendars is subject to review by the City of Miami Beach. Considerations for weather shall be addressed within the activities—calendars shall not be modified to account for weather considerations. Unless otherwise specifically provided in the Contract Documents, Contractor acknowledges that City and Design Criteria Engineer have contemplated in their planning and initial scheduling of the Project, and in their budgeting for professional services, that the Work will be performed on a 5-day Work week basis, utilizing a single 8-hour shift per day. City shall have the sole discretion of approving or rejecting a variance in the Work week, number of shifts, or shift length. Unless otherwise agreed by City, Contractor shall bear the cost of, and pay the City, for additional staff and supervisory personnel, including but not limited to the services of City and/or Design Criteria Engineer necessary to support any variance in the contemplated Work week, number of shifts or shift length. 1.06.06 Float—Float is not for the exclusive use or benefit of either the City or the Contractor. Initial baseline schedules shall not attribute negative float or negative lag to any activity. Contractor specifically agrees that float time is to be used by the City in conjunction with their review activities or to resolve for any modification of the Specific Dates or an extension of the Contract Time or a claim for additional compensation as a result of any Project problem. 1.06.07 Schedule Layout—Schedule shall be structured consistent with the phasing and staging noted in the contract documents, if applicable, and in"waterfall"format. Activities shall not be allowed to cover more than one stage-of the contract. 1.06.08 Default Values—Contractor shall use the following defaults: physical percent complete, retain logic, and longest path critical activities. 1.07 Schedule of Values 1.07.01 Within ten (10)days after acceptance of the Construction Schedule by The City and Design Criteria Engineer,the Contractor shall submit a Schedule of Values, allocating a dollar value for the activities on the Construction Schedule. The dollar value for each activity shall be the cost of the Work of the activity including labor, materials, and pro rata contribution of General Conditions requirements, overhead and profit. The sum of all activity costs shall equal the total Contract Sum. The Contractor shall revise the Schedule of Values as necessary to gain the acceptance of the Design Criteria Engineer and the City. City of Miami Beach 01311-10 Updated:June 20, 2013 1.07.02 The activity cost for the Schedule of Values shall be coded with a cost code corresponding to the trade, subcontractor or Supplier performing the Work so that subtotals for each division of the Work can be prepared. 1.07.03 The Schedule of Values shall, in the best judgment of the Contractor, represent a fair, reasonable and equitable dollar(cost)allocation for each activity on the Construction Schedule. 1.08 Contractor Certification of Schedule The Contractor shall include the following certification with its accepted schedule submittals: "The undersigned Contractor certifies that the Construction Schedule which is comprised of the graphic network of activities displayed on the sheets dated and of the computerized mathematical reports dated is Contractor's Construction Schedule as required by the Contract document; and that said Schedule is a true and accurate representation of its plan of construction for the Work and fully complies with the requirements of the contract Documents. The Contractor further certifies that it will prosecute the Work in accordance with this Schedule, subject to any change therein which are implemented in accordance with the contract documents; and the undersigned acknowledges that this Schedule shall be the instrument by which progress of the Work shall be monitored, and together with the dollar value assigned to each activity, shall be the basis of monthly payments in accordance with the contract documents; and Contractor certifies that it has fully complied with all of the requirements of the contract documents relating to coordination of said Schedule with separate Contractor(s)." 1.09 Initial Progress Payment The completed Construction Schedule, including the Schedule of Values,will be required for each Application for Payment. However, one initial provisional progress payment may be payable in the sole discretion of the City if it determines the Contractor is complying with these Schedules and Reports provisions during the development of the Construction Schedule and Schedule of Values as required herein. However, no more than one Application for Payment will be approved until all of the requirements of these Schedules and Reports provisions have been met. 1.10 Default Failure of the Contractor to substantially comply with the requirements of this Section shall constitute a default by Contractor of its obligations under this Contract sufficient for termination of Contractor under the General Conditions of this Contract. 1.11 Measurement and Payment-There shall be no separate measurement and payment for the above Work. The costs for this Work are considered incidental to the overall Work on this contract and shall be included in the bids for other items of Work. 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Ot cr Nx Ir Zk >mif ATTACHMENT G P: / 8� a.•.�rm,ar,J�aauq e rt Moswr nxpar + raQ w.r waver ,f p rcQ w.w w.ra O rii ntc�.war •Lp� c r.L e.�o+rm w TOP r�i w.,m®.•tar GA.ass GUSS © cos + m ac.aw at o ad.Q�wwnr ao awo r� 1z c �'' - • eu •':�. o w:ar rd: •r,. ,d"' � _ O� •cn.•dr+JLY.O oxpr y:>•'.'. /.+ `� m o o won or xH w r c.0 wau.as t..m+a. ..:,. - � ��.� � • rwrw.wren err.our „r t su nrr o s nn w ;a yr • s 100 0 m�wewo,nc 'es J .` ? of •d a mrr :,r e mn.o,e eoa t+wIm orJ • ' 0 rpa•cwr win[!.m•rr/ : •. ® rumor rvwat . •m nwx won as :1P twat swu rort '• 9 ,•` 1 v p r.a xaro our•.sa uwxa..unm v.wa[ 7 0 jr 12"awn ^ JiJ'Q91t+ SIS�_YyJ' ;\ 6 fnp:A Maaa LlS 4 • + + •>✓ +';J' I O�• weeFPrGi7aM: 4 '•C• sYA�' b wnw�wor mean rte n ., � ' I ��--� • m m car nuo¢arn+ to, g �° R >✓,.riot a aw.ur 0 oonc��r.»r pseud "PE tart roan c.tf -� ,=j' fraM p' au E. '�e•'ciaa-+� x \ auss ,f + SO s m o•..� e 6•..,�T �Y hp ' ,d �+.. y_• } d.....i'q' mater u6 swwr II4F J j g ,t9�y4s �'• ,.•.� u 20 a to 70 .Euo .;+ � Ye - •-r � 1 INCH 20 fFE Ya�i•CS.i � � �SI121' � •.� �; S_ n, •• `+ �1AK sot = ;.,. y d- ,'�'t3`+t�.°t•r`l`rFa?::s-e::i •v2:.�k,.+ s- :I •P '� .. LEGAL DESCRI?PGN: i A portion of•1Viami Beach Gorf Course•tying in Section 27, Township ,+• '•� `'•"•G 5J East,Range 42 South. A S i M A L l �- =�: cERr«rEV ro: a." � `•,'.'• -+ - The City of Miami Beach !tom NOTES: I)Beaings shown hereon refer to on assured beonrlg of IJOrt'I 8 ..• ;0 -d long a km between Contra Pant/l and Genera ant#42 as show hereon 2)Legal desaipbcn shown hereon was provided by c6mt ' o ?'• J)LWess odwwise rated,this rem has not atterrtated to AxOte footings s- cnd/or fwxlaba .a•' ,�s� oc - 4)Crdaed ty.fie City of Morn'Reach 5)'Ids survey was prepared for the exdusim use of the entities coed •r,.y, -: ° 9 hereon.The attached cemrT ton does rot extend to any roamed parb- •d.vim,':e+.•. 'f '' +�-'y�'•s..." 5)Property she hereon tolls wilhh F�Flood Zoe AE(B)per e e•cu O 1 F.LRK Commodity Mrr6e-120°-51 of A4rp Nlrnber 12086CW17L ` f \' dated Sept&,ber 11,2009. ,e,• 0 7)t4sible indcctors of uti&bes are shown hereon,however,ra attenpt has been made to kaate underground fleas. Tc?. w,Oo� B)Ths survey s subject to eas—ts,right-of"vys.cm other matter J wmo/5 07.16 that may be discovered In a search of title of the subect property. 9)Devotions shown hereon rdale to nvtivld Geodetic✓ertkad Lktun d 7 _ r929.(Nava) 4 r0)Emdvrm'� (o)0-IJI l«otor.J234 NE elevation-8.71 Chase owe---56'north of ctrl Alton Rd---J'west of West edge of pavement r7'N.NW of o storm sewer manhole pk nail and brass washer in tort deck of catch basin- lost ck 91111006 .i �,i r^'.-•�': � � 1 I1)the spectra purpose of this survey is to show the t«a6'an a:w .. ..�,.. elevations of the existing visible-p ovements on a portion of Uanr a Beady Golf Cub' V q SURVEYOR'S CFERFICATION I hereby certify that this Spec irc Purpose Survey`of the Property described hereon is true and correct to the best of my knowledge .. and belief as recently surveyed and drewn under my supervision and•• direction.This survey complies with the A6nimum Technical Standards adopted by the Florida State Board of Surveyors and Aicppers pursuant to Chapter da5J-17,Florida AddminiVrative Code. ... gCJL,Olt11RG-GYlrJ/eirt G OrJ�^J�S,Jrje, •'r' Altars rdro.Pees. Professional Land Surveyor/2958 State Of Florida REVISI NS SPECIFIC PURPOSE SURVEY ��w��E-��`'��U =1°�`°`E1•�n°. e rr a LAND PLANNERS ENGN�aRS LM•0 SURVEYORS �Ak,0-87�•r Na tB 97 i J7w aa4aPA¢ww.-,iauvwt P.amc 7.1azs re,(Z4)as-7010 rm.(om)438-RM W pave errs-ro-rr per-Acr.OeirJ-71-N hpF_'fiv stekh is riot wW unless R bean Na Ca snpmbn:and the a,giad mw sed of o fl-k TensedM and MAW 0*,Al.19MI F9.tb:�,u stir AS SHOWN Section 27,Township 5J South,Range 42 East.Miami-Dede County,Florida This is note $oandary Survey j r- AJ-4833 sx.r 1 d i 9wd() Z W V Q B s 1 3 a I � 01 a f ° seo�.9 Oa)xi N N.. o °o CWC-19 ~ealdolj^colAVIW N OUiO L�!IT u hum!. •m !,[ !b a'tl.rAS MN CLOG N o u Lt9�009L'/v'atl l].m. C Q Q Q U ' 1N3W 'd 3nd ONIlSIX3 J0 ..a w 1N3W3AO2JdN 3ONd,l3nNOO 3OdNIV(\JQ w z r , U `J 0 a � o o w o m N >to U J = D. 2 Z D N Q cn �j �f J m (� m 3 0 W \ cn W O W D2 J UwJmO �i w o G'i ¢Ci r b< vii z Z Q U n Z co m<m �.• O O-> <Z) W w z Goa GGG oo \ O �m 2�dnt22 U` U~LLO Y w CJ d1 0 z m Z l W t+f °l w co z O O O OLS fn V N y wHH ~m =Om U!m Toe 1z x yX� \I QUomz f I-Wa \� H �JWOoON Ltl 4 U a o w W '<�G o oa m Q H W U X Wa 6 C c I``16 w f C� o 6 W 2:�r a 4!sva rao—�` 3 W z ows 0 155 .W W i3 uj O^ mu L cr qgyB Q 3 j' F^ E<F rn a r c �2N rya LLj = Za.A, O��e � ti C7 0 C4 dl 5.. Lu a t< o y� v r F- CrOr Ma GtJ ;� � m - I rrv��apii p W Y am co ljo U0 6 • W QQ •• Y° GW� YW ZWQ > C~ ur G)^ a 8 C G a H W�� m70 W ¢$ mm_70 W N a J`°3, <u 6u W U W X ' pG� pN� W J x W s N 2vKi a �. O 3N aws f U O ST�mZO u S� om° Lirzr o B�' w z Lj Z O x r+m W O Z a _ t •__ w w '� Q r¢ > Cl- 'n x m w Lu Q w p Z Q Ne 0 Ld :o' v �3� _ rr�wF x c d in <SZw,Lu -- `n: L ag �-�,i., Q U as<w= a` Y o Z nwwolN i p O .' `.. 333 uj LLI w, Qf m O� o Ad 7 p w I 03 o W U' I-Q r°o ` rrpa H w v m f >"a ai O I < p= �w t� e Sm O Um Xp ..v.�....-' o r FwF y ZOU 3~ .. i w oFw �Ew a = z: mJ U M- x z a W X F n�'m UCW 5w (!l w fm >>� a_w� UO w u�a u X 0 w mw °a J(n Q K O °�mz Nw¢ h a<ow O p0 w� o o LL p>OF xdr C m>w J wm F "'� rn w y �ww c rn �� :vl-O �Wz gV w .._... m a 13w Lu- w cr U < INVITATION TO BID SUNMRY IM MIAAAIBEACH ® - . on Invitation to Bid No. 2014-094-SR Estimated Construction Budget $115,000.00 ITB Title: MIAMI BEACH GOLF COURSE DRAINAGE REMEDIATION Basic Description of the Scope of Work: The work consists of re-grading the asphalt pavement currently used for staging golf carts, demolish and replace the concrete walkway and pavement to new elevations, install new concrete curbs, construct a water retention pond, remove and reinstall the existing irrigation system, and plant new sod and landscaping. Bid Issuance: Wednesday, January 22, 2014 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Management Department City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33139 Pre-Bid Conference Monday, February 3, 2014 @ 1:00 PM Date, Time, & Location: City Manager's Large Conference Room ❑ Meeting is Mandatory(only if box is checked) Miami Beach City Hall, 4th 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: ❑ Site Visit is Mandatory(only if box is checked) NOT APPLICABLE Last Day for Receipt of Questions: Monday, February 10, 2014 @ 3:00 PM Bid Due Date & Time: Friday, February 21, 2014 @ 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. BID NO:2014-094-SR CITYOF MIAMI BEACH ® e0AA.A BEACH DUE DATE: FEB 21,2013 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. N 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: N 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. N SHALL NOT be applied. Project Completion Timeframe: 90 calendar days, Substantial Completion bristructlon'MUST start on May 1;201;4 Liquidated Damages: $600 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:2014-094-SR CITYOF MIAMI BEACH m l011NIVIE. BEACH DUE DATE: FEB 21,2013 3 I TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS...............................................................................................................5 0200 INSTRUCTIONS TO BIDDERS....................................................................................8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS...............................................14 0400 BID SUBMITTAL REQUIREMENTS & FORMAT........................................................16 0500 GENERAL TERMS AND CONDITIONS .....................................................................18 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS ............................48 APPENDIX B LIST OF PLANS AND SPECIFICATIONS....................................................76 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL.................. ........78 ...................... APPENDIX D REQUIRED FORMS (POST-AWARD).........................................................83 APPENDIX E SAMPLE CONTRACT..................................................................................95 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO:2014-094-SR CITYOF MIAMI BEACH };,;l}:'�'!: BEACH DUE DATE: FEB 21,2013 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:2014-094—SR CITYOF MIAMI BEACH k;,1(�,,°�.a BEACH DUE DATE: FEB 21,2013 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:2014-094-SR CITYOF MIAMI BEACH MA;`vAd BEACH DUE DATE: FEB 21,2013 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 ( Nx ). 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. Background and Scope of Work: Miami Beach Golf Course, located in the heart of Miami Beach, originally opened as the Bayshore Golf Course in 1923 as part of pioneering developer Carl Fisher's ambitious Alton Beach subdivision that was designed to lure wealthy winter residents from New York, Indianapolis and Detroit. The Golf Course was recently renovated. The current design is by Arthur Hills, one of America's foremost golf course designers. He is personally responsible for many of the Country's finest courses, having designed over 160 throughout the nation. The Scope of work shall consist of re-grading the asphalt pavement currently used for staging golf carts, demolish and replace the concrete walkway and pavement to new elevations, install new concrete curbs, construct a water retention pond, remove and reinstall the existing irrigation system, and plant new sod and landscaping. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of this project. 3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 6.1 Examine the Contract Documents thoroughly. 6.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 6.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 6.4 Study and carefully correlate Bidder's observations with the Contract Documents. 6.5 Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. BID NO:2014-094-SR CITYOF MIAMI BEACH BEACH law DUE DATE: FEB 21,2013 8 I . 5. Location of Work: This Scope of Work shall be completed at the following Location: S P 'on C�Ft3�14� zz q` Wa f: I 2 fat Y Fi - f � 5 as`I.S� x F ` a tX q z A l a r ja 24th f ; rt N. v g ` z rib k .. Pp�` Y4 'ms's •`` 3s . r rt' y , f . sF4 S b IF �C d`j wfi IN a Bah b �� b s 6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO:2014-094-SR CITYOF MIAMI BEACH kj;Ir;i"vr B EACH DUE DATE: FEB 21,2013 9 7. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 8. Z Bid Guarant : 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. 9. ❑ Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; C. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 10. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 11. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: BID NO:2014-094-SR CITYOF MIAMI BEACH ;rtl; i`Y,, gAl DUE DATE: FEB 21,2013 10 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. 12. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 14. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2- 371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 15. Miami Beach-Based Vendors: Pursuant to City of Miami Beach Ordinance No. 2011-3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be d vendor who is certified b Miami-Dade Count as a made to the Miami Beach base y y Minority or Women Business Enterprise. 16. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. BID NO:2014-094-SR CITYOF MIAMI BEACH I,fl A 8 EACH DUE DATE: FEB 21,2013 11 17. Equal Benefits Ordinance: Bidders are advised that this Bid and any contract awarded -pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts -and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder'provides benefits neither to employees' spouses nor to employees' Domestic Partners. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. 18. City Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 19. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 20. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. BID NO:2014-094-SR CITYOF MIAMI BEACH t�fil�.�1'; BEACH DUE DATE: FEB 21, 2013 12 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. 21. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) 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:2014-094—SR CITYOF MIAMI BEACH ® t"'s;`rtlA;bs;r gAH DUE DATE: FEB 21,2013 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. Licensin g Requirements:uirements: Bidders shall be state certified and licensed General Contractors to be considered for award and submit evidence of at least five (5) continuous years of operation. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in projects for projects similar in scope and volume to the work detailed within the Contract Documents. References must be projects completed or in progress within the last five (5) years. For all references submitted, Bidders shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. 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. 4. 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 NO:2014-094-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 21,2013 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, maybe declared non-responsive. The Successful Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein UPON REQUEST by City Administration. All SQR Reports shall be submitted no later than three (3) days from the date of request by City Administration. The cost of the preparation of the D&B report shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 5. The qualified bidder shall hold all required current certified licenses in order to provide the scope of work as set forth in the bid documents. Copies of all license(s) shall be submitted with bid submittal or within three (3) calendar days upon request from the Contracting Officer. List jurisdictions and categories in which the bidder is legally qualified to do business and indicate registration or license numbers, if applicable. Balance of Pape Intentionally Left Blank BID NO:2014-094-SR CITYOF MIAMI BEACH ,A`BEACH DUE DATE: FEB 21,2013 15 I 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and five (5) bound copies, as well as one (1) copy in digital format (CD or USB drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Price form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three 3 calendar days upon request from the City, or the bid may be deemed non-responsive. Non- responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide a Cover Page including the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co-venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. Tab B. EXPERIENCE AND KEY PERSONNEL It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. BID NO:2014-094-SR CITYOF MIAMI BEACH ® ;%A�JA5� ;' BEACH DUE DATE: FEB 21,2013 16 • 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 II 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. FINANCIAL STATEMENTS i. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier Report (SQR)to the prospective Bidder and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal.storeld-11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. ii. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- venture must submit financial statements as indicated above. iii. Proposers shall provide proof of bonding capacity suitable for the scope of work. Balance of Page Intentionally Left Blank BID NO:2014-094-SR CITYOF MIAMI BEACH ® BEACH DUE DATE: FEB 21,2013 17 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to .Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: BID NO: 2014-094-SR CITYOF MIAMI BEACH lNv';'BAi DUE DATE: FEB 21,2013 18 () Bar Chart () Modified CPM (*) CPM (X) Computerized CPM using the latest edition Primavera P6 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P6, to develop and update the Primavera P6 proiect schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. 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:2014-094-SR CITYOF MIAMI BEACH DUE DATE: FEB 21,2013 19 i PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. ❑x Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City BID NO:2014-094-SR CITYOF MIAMI BEACH ," I '�Yr. aEACF DUE DATE: FEB 21,2013 20 responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of 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:2014-094-SR CITYOF MIAMI BEACH m "YIr,f:,: BH DUE DATE: FEB 21,2013 21 Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class 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:2014-094-SR CITYOF MIAMI BEACH ® r'.`1'.. BEACH DUE DATE: FEB 21,2013 22 recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. BID NO:2014-094-SR CITYOF MIAMI BEACH ® ;°,..i .M8 DUE DATE: FEB 21, 2013 23 Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or BID NO:2014-094-SR CITYOF MIAMI BEACH It:JV BEACH DUE DATE: FEB 21,2013 24 I (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to-be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the BID NO:2014-094-SR CITYOF MIAMI BEACH ;�, ;,I °tii: BEACH DUE DATE: FEB 21,2013 25 determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 14. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1.Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to BID NO:2014-094-SR CITYOF MIAMI BEACH i%A,,1 .:R0,1 BEACH DUE DATE: FEB 21,2013 26 Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five. (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant -of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site BID NO:2014-094-SR CITYOF MIAMI BEACH M1,!-'VV;-BEACH DUE DATE: FEB 21,2013 27 and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. 16.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 16.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. BID NO:2014-094-SR CITYOF MIAMI BEACH G I"A;`:,Tti:'':'_BEAC-H DUE DATE: FEB 21, 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 rY, fY Y 9 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: 2014-094-SR CITYOF MIAMI BEACH ® 1°� [rNI' BEACH DUE DATE: FEB 21,2013 29 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or-damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 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 nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. BID NO:2014-094-SR CITYOF MIAMI BEACH AID "r t{f`;fit BEAC H DUE DATE: FEB 21,2013 30 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to -be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. BID NO:2014-094-SR CITYOF MIAMI BEACH Pv",I A,AV, BEACH° DUE DATE: FEB 21,2013 31 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. BID NO: 2014-094-SR CITYOF MIAMI BEACH "'I r-.1,01BEACH DUE DATE: FEB 21,2013 32 i 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All BID NO:2014-094-SR CITYOF MIAMI BEACH B DUE DATE: FEB 21,2013 33 charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed BID NO:2014-094-SR CITYOF MIAMI BEACH ;";t:� ,?4r`: BEACH NMI DUE DATE: FEB 21,2013 34 construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished -by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of-Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. BID CVO: 2014-094-SR CITYOF MIAMI BEACH ® tv`,1;�;' ~;I BEACH DUE DATE: FEB 21,2013 35 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and-38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or BID NO:2014-094-SR CITYOF MIAMI BEACH ® rr l !`,Ad BEACH DUE DATE: FEB 21,2013 36 others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. BID NO:2014-094-SR CITYOF MIAMI BEACH ® 4%-dAtVd BEACH DUE DATE: FEB 21,2013 37 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the BID NO:2014-094-SR CITYOF MIAMI BEACH ® NAd ":?BEACH DUE DATE: FEB 21,2013 38 Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in BID NO:2014-094-SR CITYOF MIAMI BEACH ® M,.1 ;'B , DUE DATE:FEB 21, 2013 39 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: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the -Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference BID NO:2014-094-SR CITYOF MIAMI BEACH © t"'w'.I r,;'uf'BEACH DUE DATE: FEB 21,2013 40 on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on, a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one thousand four hundred dollars ($1,400) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. BID NO: 2014-094-SR CITYOF MIAMI BEACH j':;=1 ,%%';. g 's ¢ DUE DATE: FEB 21,2013 41 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper.invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of 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. j 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for BID NO:2014-094-SR CITYOF MIAMI BEACH ® Y,I,:,;Md. BEACH DUE DATE: FEB 21,2013 42 all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance,-or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; BID NO:2014-094-SR CITYOF MIAMI BEACH ;" =,IA,%Ad BEACH DUE DATE: FEB 21,2013 43 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. ® Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. BID NO:2014-094-SR CITYOF MIAMI BEACH ® POlNV, ,EACH DUE DATE: FEB 21,2013 44 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of -the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. BID NO:2014-094-SR CITYOF MIAMI BEACH ® ,°% ('a\,A1 BEACH DUE DATE: FEB 21,2013 45 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: b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. d. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions, in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. e. The emergency procedure for spills, fire, disposal, and first aid. f. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. BID NO:2014-094-SR CITYOF MIAMI BEACH ® Mkt\,%Ad BEACH DUE DATE:FEB 21,2013 46 g. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. BID NO:2014-094-SR CITYOF MIAMI BEACH L!� a';I \,A BEACH DUE DATE: FEB 21,2013 47 I 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 JL /V�IAMIBEACH BID NO:2014-094-SR CITYOF MIAMI BEACH ® P"AIAN/11 BEACH DUE DATE:FEB 21,2013 48 A-1 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. FOR INFORMATIONAL PURPOSES ONLY, BIDDER SHALL SUBMIT A DETAILED SCHEDULE OF VALUES BY DIVISION THAT INCLUDES UNIT PRICES ON COMPANY LETTERHEAD WITH THEIR BID SUBMITTAL OR WITHIN THREE (3) DAYS REQUEST BY CITY ADMINISTRATION. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT TITLE: ITB 2014-094-SR: Miami Beach Golf Course Drainage Remediation COMPANY NAME: V ENGINEERING&CONSULTING CORP. LUMP SUM TOTAL Numerical Total Base Bid($)1 -3 Written Total Base Bid(dollars)z �Yj e hU10j (f - »,.- �P17 4APwc.t-oo1 -1 ve,�u;lir f-4 d5of�c�,�� 5%Contingency Lump Sum Grand Total 1,;.7! 5-, "g + PO 4- P3_,0 p,ae!P Section 2-Bidder's Affirmation: qo1 d4 Company: V ENGINEERING&CONSULTING CORP. Address Line 1: 1900 CORAL WAY,SUITE 300 Address Line 2: MIAMI BEACH,FL.33145 Telephone: 305-342-5568 Email: VEC.CORP @YAHOO.COM Signature: Title/Printed Name: FE?!VA ES 1 Numerical totals should be writ n using numerical characters(e.g.,$1,000.00). Z Written totals should be spelled out(e.g.,one thousand dollars). FAILURE TO SUBMIT THIS FORM AND BID BOND (IF APPLICABLE) WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE. BID NO: 2014-094-SR CITYOF MIAMI BEACH DUE DATE: FEB 21,2013 49 .� ITB PRICE FORM.. ITB 2014-094-SR- Miami Beach Golf Course Drainage Remediation REVISED-Addendum 1 Breakdown Form to include unit pricing. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Voth unit price and extended total prices must be stated in units of quantity specified in the bidding specifirations. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. The General Conditions include certain "Allowance" items that have been delineated below. The Contract Unit Price for these allowance items shall be used only upon the City's discretion,as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. Should any bidder fail to submit this form fully completed,the City will request that the omitted information be provided within three (3) calendar days upon request from the City. Failure to provide the City with the omitted information within three (3) calendar days after the Bidder has received the request from the City may result in your bid being deemed non-responsive and disqualified from further consider tition. THE CITY WILL Nar ACCEPT ANY RLVISION TO THE TOTAL BASE BID SUM, DIVISIONS, LINE ITEM TOTALS.OR ADD ALTERNATES,AFTER THE DEADLINE.FOR RECEIPT OF BIDS. ITEM DESCRIPTION TOTALS 1 BASE BID AMOUNT 2 INDEMNIFICATION (Trench Act) $ 25.00 3 ALLOWANCE: PERMIT FEES $ 1,500.00 4 15% CONTINGENCY LUMP SUM BID'AMOUNT: S Q Q UNIT PRICES ITEM DESCRIPTION UNIT PRICE UOM 5 ASPHALT PAVEMENT DEMOLITION 2- .g C)g (�S 6 CONCRETE PAVEMENT AND CURB DEMOLITION �,�,QOO, ') 7 SAW CUT t Z-1222 , ().n C, 8 EXCAVATION AND HAUL AWAY S.�r 0 FILL AND GRADING (5 10 CONCRETE CURBS 11 PAVING ASPHALTIC CONCRETE ;, , LS 12 CONCRETE WALKWAYS Q go , to 13 IRRIGATION MODIFICATIONS LIs 14 LANDSCAPE 1 Q� {�,0 L5 A-2 BID TENDER FORM Submitted: 02/21/2014 Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) Noe 2014-095-SR ALEXANDER MUSS PARK PAVILION RENOVATION 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: 2014-094-SR -CITYOF MIAMI BEACH DUE DATE: FEB 21, 2013 50 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Yt ? e Amendment 1 02/11/2014 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑x, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: V ENGINEERING&CONSULTING CORP. Address Line 1: 1900 CORAL WAY,SUITE 300 Address Line 2: MIAMI,FL.33145 Telephone Number: 305-342-5568 E-mail Address: VEC.CORP @YAHOO.COM Social Security Number: OR Federal I.D. Number: 45-2696473 Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) Y eerl n x /I WITNESSES: (T Yp e oe Print Namu6 df Bidder) U l �r (Signature) I Az �/�I C-) (Type or Print Name Signed Above) BID NO: 2014-094-SR CITYOF MIAMI BEACH ®. P011AW BEACH DUE DATE: FEB 21,2013 51 A°2 (Sign below if incorporated) V ENGINEERING&CONSULTING CORP. ATTEST: (Type or Print Name of Corporation) Secretary a n z J Ignature and Title) (CORPORATE SEAL) FELIX VALDES (Type or Print Name Signed Above) Incorporated under the laws of the State of: FLORIDA I BID NO:2014-094-SR CITYOF MIAMI BEACH ®_.: M,^EMI BEACH DUE DATE: FEB 21,2013 52 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 CGC1508760 9 CUC 1224681 5 E1200232 3 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? CONSTRUCTION 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. VETERANS PARK,CITY OF PLANTATION,2013,LITMAN PARK,CITY OF NORTH MIAMI BEACH,2012 5. Have you ever failed to complete any work awarded to you? If so, where and why? NO 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. N/A 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:2014-094-SR CITYOF MIAMI BEACH m !%AIAP01 BEACH DUE DATE:FEB 21,2013 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: V ENGINEERING&CONSULTING CORP. B. The business is a: ❑ Sole Proprietorship ❑ Partnership ® Corporation C. The address of principal place of business is: 1900 CORAL WAY,SUITE 300,MIAMI FL.33145 D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: ra• .. av s�i'~ r Ll�Jai,t 3xeFSA, .sN07r� 4 rQj 1 q��t q� C FELIX VALDES PRESIDENT BID NO:2014-094-SR CITYOF MIAMI BEACH /,0dAIv,1 BEACH DUE DATE: FEB 21,2013 54 A-3 E. List all organizations which were predecessors to .Bidder or in which the principals or officers of the Bidder were principals or officers. N/A 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. N/A 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). N/A 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. N/A BID NO: 2014-094-SR CITYOF MIAMI BEACH ® -INAI -A!BEACH DUE DATE: FEB 21,2013 55 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. N/A 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. N/A K. Under what conditions does the Bidder request Change Orders? OWNER INITIATED 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. N/A BID CVO: 2014-094-SR CITYOF MIAMI BEACH ® t "tfASM BEACH DUE DATE:FEB 21, 2013 56 A-3 11. Individuals or enti 'es (including our sub-consultants) with a controlling financial interest: have \7 have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. 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 orr subdivision or agency thereof? []Yes o 13. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? ❑Yes vf�0 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 0l//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 2000, and cited in the Database of Veteran-owned Business? ❑Yes E91 o BID NO: 2014-094-SR CITYOF MIAMI BEACH 1,001ANMI BEACH DUE DATE: FEB 21,2013 57 A-3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BID NO:2014-094-SR CITYOF MIAMI BEACH ® e ,lT, p; gAC H DUE DATE: FEB 21,2013 58 A®q, SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 21 day of FEBRUARY 1 2014 The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014-095-SR. SIG FELT VALDES PRINTED NAME PRESIDENT TITLE (IF CORPORATION) BID NO: 2014-094-SR CITYOF MIAMI BEACH ® t yId'A M!BEACH DUE DATE:FEB 21,2013 59 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1)through (6). BID NO:2014-094-SR CITYOF MIAMI BEACH ® ,1,,�lA,\61 BEACH DUE DATE: FEB 21,2013 60 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION 7NGINEERING ignature) &CONSULTING CORP. (Print Vendor Name) STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 21 day of FEBRUARY 20 14 , by FELIX VALDES as (name of person whose signature is being notarized) PRESIDENT (title) of V ENGINEERING&CONSULTING CORP. (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: 5-�V GRANT 2.. LEY GRADY TATE (Signature) ",.. MY COMMISSION#FF045386 FOF °P EXPIRES August 13.2017 (407)398-0�;3 Floridallota ryService .com (Print Name) My commission expires: BID NO:2014-094-SR CITYOF MIAMI BEACH ® MIAWBEACH DUE DATE: FEB 21,2013 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: BID NO:2014-094-SR CITYOF MIAMI BEACH ik,,61ANA1 BEACH? DUE DATE: FEB 21,2013 61 WW A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract(covered by the Ordinance). BID NO:2014-094-SR CITYOF MIAMI BEACH ® .i'0 lA;10, BEACH DUE DATE: FEB 21,2013 62 A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along BID NO:2014-094-SR CITYOF MIAMI BEACH ;,,Alt:"V1,I BEACH DUE DATE: FEB 21,2013 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 b the Ordinance has made a reasonable et unsuccessful effort Y Y 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:2014-094-SR CITYOF MIAMI BEACH DUE DATE: FEB 21,2013 64 A-6 AM MIAMI B DECLARATIC,... ,ND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. F-1 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:2014-094-SR CITYOF MIAMI BEACH ® A,,`,d/'-A.A'BEACH DUE DATE: FEB 21,2013 65 A®6 Question 2. Nondiscrimination-Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 0 YES 0 NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? 0 YES 0 NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave i If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.qov/procurement/ BID NO:2014-094-SR CITYOF MIAMI BEACH mfiI FA DUE DATE: FEB 21,2013 66 Section 3.Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes -.140 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 21 day of FEB ,in the year 2014 ,at 1-11111�a 9 1900 CORAL WAY,SUITE 300 Si re Mailing Address MIAMI FL.33145 LIX VALDES Name of Signatory City,State,Zip Code PRESIDENT Title BID NO: 2014-094-SR CITYOF MIAMI BEACH BEACH Qir DUE DATE: FEB 21, 2013 67 A-6 MIAMIBEACH KtAJUNAbLh MtA5UKt5 AF'F'LIL;A 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. V ENGINEERING&CONSULTING CORP. 1900 CORAL WAY,SUITE 300 Name of Company (please print) Mailing Address of Company MIAMI,FL.33145 71X VALDES re City,State,Zip 305-342-5568 Name of Signatory(please print) Telephone Number PRESIDENT 02/21/2014 Title Date BID NO: 2014-094-SR CITYOF MIAMI BEACH 9 NA'i!1'wr> I BEACH DUE DATE: FEB 21, 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:2014-094-SR CITYOF MIAMI BEACH POJAIV'i BEACH DUE DATE: FEB 21,2013 69 A-6 MIAMIB 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: Description of efforts being undertaken to end discrimination in benefits: BID NO:2014-094-SR CITYOF MIAMI BEACH IA",! DUE DATE: FEB 21,2013 70 B. Administrative Actions and Request for Extension 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: 1 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:2014-094-SR CITYOF MIAMI BEACH ® 1%,f:.1 AN:BACF- DUE DATE: FEB 21,2013 71 A-6 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:2014-094-SR CITYOF MIAMI BEACH ® ;v"'dAV—' BEACH DUE DATE:FEB 21,2013 72 r 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 C=OMPLYING 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 TRENCH BOX L.F 100 $.01 Total $ 1.00 Name of f3ldd r / orized Signature of Bidder BID NO: 2014-094-SR CITYOF Mi MI BEACH ® %:;r",E fl;.d DUE DATE: FEB 21,2013 73 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 ® Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO:2014-094-SR CITYOF MIAMI BEACH BEACH. DUE DATE: FEB 21,2013 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. - - Q yrlod, OULU ntant Nable N/A BID NO: 2014-094-SR CITYOF MIAMI BEACH MiANAsBEACH DUE DATE: FEB 21,2013 75 A NDIX List of Plans and Specifications MIAMIBEACH BID NO:2014-094-SR CITYOF MIAMI BEACH ® MIA;01.BEACH DUE DATE: FEB 21,2013 76 B LIST OF PLANS&SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY PBS&J Sheet Line No./ Revision/Date Title/Description Spec. No. ARCHITECTURAL/CIVIL PLANS 1 COVER 0/06-14-2012 COVER SHEET 2 11 0/06-14-2012 INDEX II 3 A1.0 0/06-14-2012 SITE PLAN 4 j C-1 j 0/04-12-2012 GRADING PLAN SPECIFICATIONS 5 TOC N/A TABLE OF CONTENTS 6 01010 N/A SUMMARY OF WORK 7 02010 N/A EXISTING SUBSURFACE CONDITIONS 8 03100 N/A CONCRETE FORMWORK BID NO:2014-094-SR CITYOF MIAMI BEACH m ;",x+,I�i l!: BEACH DUE DATE: FEB 21,2013 77 A NDIX C Required Forms for Bid Submittal Note: Attachments below only apply if the adjacent box is checked) O 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 MIAMIBEACH BID NO:2014-094-SR CITYOF MIAMI BEACH m i�v, lAAA BEACH DUE DATE: FEB 21,2013 78 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:2014-094-SR CITYOF MIAMI BEACH ® Pv',,J'.%Ad BEACH DUE DATE: FEB 21,2013 79 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 submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO:2014-094-SR CITYOF MIAMI BEACH 1A,,,\4d BEACH DUE DATE: FEB 21,2013 80 I C-2 ❑ STATEMENT OF COMPLIANCE: PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO:2014-094-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 21,2013 81 C-3 ❑ STATEMENT OF COMPLIANCE: D"IS BACON ACT No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO:2014-094-SR CITYOF MIAMI BEACH m ;MIr BEACH DUE DATE: FEB 21,2013 82 A NDIX D Required Forms (Post-Award) ATTACHMENT D-1: Form of Performance Bond ATTACHMENT D-2: Form of Payment Bond ATTACHMENT D-3: Certificate of Corporate Principle ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT D-5: Certificate of Substantial Completion ATTACHMENT D-6: Final Certificate of Payment ATTACHMENT D-7: Form of Final Receipt M1.AMtBEAC`H BID NO:2014-094-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 21,2013 83 D-1 FORM OF PERFORMANCE BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2014-094-SR CITYOF MIAMI BEACH °,`{,1 ;,! gH DUE DATE: FEB 21,2013 84 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:2014-094-SR CITYOF MIAMI BEACH ® °,Y';VMBEACH DUE DATE: FEB 21,2013 85 D-2 FORM OF PAYMENT BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO:2014-094-SR CITYOF MIAMI BEACH ® t,Y,It'A00,;BEACH DUE DATE: FEB 21,2013 86 D-2 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Sea[) (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:2014-094-SR CITYOF MIAMI BEACH rpF(i�x gip;'BEACH DUE DATE: FEB 21,2013 87 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2014-094-SR CITYOF MIAMI BEACH 10,kA;M, BEACH DUE DATE: FEB 21,2013 88 D-4 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or BID NO:2014-094-SR CITYOF MIAMI BEACH ® ;�AIA I BEACH DUE DATE: FEB 21,2013 89 I D'4 agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO:2014-094-SR CITYOF MIAMI BEACH s"�it�j:,;',ft BEACH DUE DATE: FEB 21,2013 90 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BID NO:2014-094-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 21,2013 91 D-5 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO:2014-094-SR CITYOF MIAMI BEACH ® i%A,l :,'i!:, Bl DUE DATE: FEB 21,2013 92 D-6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date BID NO:2014-094-SR CITYOF MIAMI BEACH ID DUE DATE: FEB 21,2013 93 D-7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 BID NO:2014-094-SR CITYOF MIAMI BEACH ® ",;,I irk BEACH DUE DATE:FEB 21,2013 94 �I I II A NDIX Sample Contract MIAMIREAC.H- BID NO:2014-094-SR CITYOF MIAMI BEACH DUE DATE: FEB 21,2013 95 SAMPLE CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and V ENGINEERING & CONSULTING, CORP., 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. CITYOF MIAMI BEACH BID NO: 2014-095-SR 96 DUE DATE: FEB 20,2013 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand and four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand and four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated .damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, CITYOF MIAMI BEACH 97 BID NO: 2014-095-SR DUE DATE: FEB 20,2013 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 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 i 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City,may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. CITYOF MIAMI BEACH BID NO: 2014-095-SR 98 DUE DATE: FEB 20, 2013 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. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the-terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict CITYOF MIAMI BEACH 99 BID NO: 2014-095-SR DUE DATE: FEB 20, 2013 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. 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 CITYOF MIAMI BEACH BID NO: 2014-095-SR 100 DUE DATE: FEB 20,2013 Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: V Engineering, Inc. 1900 Coral Way Ste. 300 Miami, Florida, 33145 Flex Valdes, President 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. CITYOF MIAMI BEACH 101 BID NO: 2014-095-SR DUE DATE: FEB 20,2013 City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. CITYOF MIAMI BEACH BID NO: 2014-095-SR 102 DUE DATE: FEB 20,2013 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF RIIAIVII�13'€A i City lerk �, Mayor ; [If incorporated sign . .INCORP ORATED: i�frd l=? ntrac or ATTEST: �a '• .'- v e Cn °� ..-. •'' Name of orporation) C� ( ecretary) (Signature) (Corporate-Zeal) (Print Name and Title) 3 day of , 20 I [If not incorporated sign below.] Contractor WITNESSE`& ( me of Firm) Pka r C C:' �4 ra L'a 1 By: (Signs ure)p (Print Name and Title) 23 day of , 20 1 L CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM &LANGUAGE CITYOF MIAMI BEACH & FOR EXECUTION 103 BID NO:2014-095-SR (/ DUE DATE: FEB 20,2013 •` -�� ' C' '. attorney I Date �t 4 'ENGINEERING & CONSULTING CORP. mom kam .5m: TAB A: i-Bidder's Name V Engineering&Consulting Corp. 2-Address 1900 Coral Way,Suite 300,Miami Fl.33145 3-Email Address Vec.corpr�,yahoo.com 4-Phone/Fax 305-342-5568/3057860-7721 5-FEIN 45-2696473 6-Declaration of Company Organization 7-Signature of Authorized.Agent See Bid Does 8-Printed name of Authorized Agent Felix Valdes 9-Title.of Authorized Agent President 10-Date of Signature 02/21/2014 TAB B: I-Contractor Team Ability Narrative V.Engineering&.Consulting Corp.is a Miami-Dade County,General Contractor,Underground Utility Contractor, Community Small Business Enterprise(CSBE);specializing in site work,underground utilities,water,sewer,drainage, structural concrete;.and governmental projects.Past governmental clients include,The City of:N.Miami Beach,City of Plantation,Miami Dade County DERM,.Public Works and Miami-Dade Water Sewer.Related Projects include, Litman Park,Veterans Park Zoo Miami Kiosk repairs and Bird Road Drainage improvements.Our current workload includes,the installation of 5000 LF of 8-in water.main(760k),Emergency Treatment Plant,Repairs(990k),Gerstein Building Storm Sewer(966k),and sidewalk repairs(290k). 2-Evidence of ezperierice as per Section 03.00 See Bid Documents 3-Organizational Chart&.Resumes for: A-Construction Project Manager Brantley Tate B-Construction Superintendent Nemecio Hernandez C-Site Foreman and/or Estimator Anibal Pabon Staffing Plan I-PM 1-Superintendent 3-Laborers 1900 Coral Ways.Suite 300,MIAMI FL.33145mPhone:305.342.5568-VEC.CORP @YAHOO.COM Detail by Entity Name http://search.sunbiz.org�lnquiry/CorporationSearch/SearchR.esultDetail... i Home Contact Us E-Filing Services Document Searches Forms Help Detail by Entity Name Florida Profit Corporation V ENGINEERING & CONSULTING CORP. Filing Information Document Number P11000060694 FEI/EIN Number 452696473 Date Filed 07/01/2011 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/01/2013 Event Effective Date NONE Principal Address 1900 CORAL WAY SUITE 300 MIAMI, FL 33145 Changed: 08/01/2013 Mailing Address 1900 CORAL WAY SUITE 300 MIAMI, FL 33145 Changed: 08/01/2013 Registered Aaent Name &Address VALDES, FELIX 2138 SW 23 STREET MIAMI, FL 33145 Officer/Director Detail Name &Address Title P VALDES, FELIX 2138 SW 23 STREET MIAMI, FL 33145 Copyright©and Privacy Policies State of Florida,Department of State I of 3 2/25/2014 11:53 AM Detail by Entity Name http://search.sunbiz.or.Wln4uiry/CorporationSearch/SearchResu]tDetail... Report Year Filed Date 2012 -02/10/2012 2013 01/25/2013 Document Images 08/01/2013--Amendment View image in PDF format 01/25/2013--ANNUAL REPORT View image in PDF format 02/10/2012 --ANNUAL REPORT View image in PDF format 07/01/2011 -- Domestic Profit View image in PDF format 2 of 3 2/25/2014 11:53 AM FELi VALDES 2138 SW 23 ST Miami, FL 33145® (305)860-7721 (305)342-5568 VEC.CORP @YAHOO.COM State of Florida Certified General and Underground Utility Contractor with over 1_5 years of construction experience.including project management, .project inspection,land surveying..and underground utility locations. Bilingual:English/Spanish EDUCATION Bachelors of Science in Construction Management,Florida International University Founder V Engineering&Consulting Corp. .July 01;2011 V Engineering&Consulting Corp.has performed several projects throughout South Florida;.Specializing in underground utilities,site work,pump station rehabilitation,water;sewer,drainage,:new construction and roadway. • CERTIFIED GENERAL:CONTRACTOR • CERTIFIED UNDERGROUNG UTILITY AND EXCAVATION CONTRACTOR • MIAMi-DADE COUNTY ENGINEERING CONTRACTOR • MIAMI-DADE COUNTY'CSBE/MBE est.2011. • OSHA CERiFIED PREVIOS EMPLOYMENT November 2010-June 2012 Miami-Dade County,Internal Services Department Construction Manager 2 • Manage multiple Capital commercial consfiuction projects.as owner's yepresentative. • Direct and coordinate the.planning,survey,design,and contract preparation. • Oversee Mechanical,F,lectrieal.and Plumbing sub-contract work throughout the iife of the project. •. Contribute to the Selection of.Architectural Design,_Engineering Design and Construction firms. • Monitor&enforce the timely.completion of various projects within budget: • Prepare construction schedules,request for proposals;change orders and verify cost estimates. • Review consultant's plans and specifications for conformance to design standards: • Review and coordinate the approvals of shop drawings and Requests for Information. e Ensure permitting issues are addressed to minimize delay impacts to the project schedule. • Coordinate bid advertisements,pre-bid conferences,print and.distribute plans and specifications. • Schedule pre-construction meetings and weekly progress meetings, • Review and develop contract documents. January 2007-November.2010 Miami-Dade County,Water&Sewer Department Project Manager • Oversee the Design and Construction of multiple infrastructure Capital Improvement projects. • Direct and coordinate the planning,survey,design,and contract preparation. • Review and develop Contract documents.. • Prepare schedules,review change orders and verify contractor's cost estimates. • Contribute to the selection.of Architectural,Design and Construction finrn,s. • Monitor&ensure the completion of various projects within budget. • Supervise inspectors in.their daily operations;overseeing the`construction projects. i Serve as State Certified.General Contractor..Qualifier. • Review consultant's plans and specifications for conformance to design standards. • Coordinate bid advertisements.print and distribute plans and:specifications to bidders;schedules and conduct pre-construction meetings and pre-bid conferences. • Evaluate bids and make recommendations:for award. September2002-January2007 Miami-Dade County,Water&`Sewer.Department Project Inspector •. Oversee Water and Sewer construction projects to ensure.eompliance with legal.regulations,construction plans and specifications. • Assist contractors,subcontractors,construction supervisors and engineers in the interpretation of County contract plans and specifications. • Check layout and grades of structures by using'survey equipment such as transit and level. • Investigate complaints and encroachments to the public,right-of-way. • Attend pre-construction meetings to ensure quality control,represent the:department engineers. • Review and approve monthly pay requisitions. Underground Utility.Technician July2000-September 2002 ® Responsible for locating underground water and sewer utilities using electronic location equipment,plans,as-builts,and other job specific tools. o Manage.relationships with multiple contractors;attend pre-construction meetings with contractors to discuss specifications of construction projects. Monitor ongoing projects and inspect for violation of Dade County ordinances. August 19.99—July..2000 City of Coral Gables,,-FL Inspector • Inspected complaints of encroachments to the public right-of-way and code violations.. • Issued warnings and citations;followed up to insure.compliance with building and zoning codes. • Prepared comprehensive monthly reports of activities,inspections an&re-inspections. Feb. 1997=August 1999 Mastec,Miami,FL Telecommunications Location Technician • Responsible for location of telecommunications facilities. ® Met with other utility companies to inform locators on the location of construction projects. • Manage relationships with multiple utility companies;attend,pre-construction meetings. June 1995-Feb. 1997 E.R.Brownell and Associates,Miami,FL Engineer Aid/Surveyor • Check layout and.grades of structures using transit and level for construction purposes. • Utilized various measuring tools to determine land boundaries;and check records for accuracy. ® Record all measurements and other information obtained during survey activities. i ey G. Tat.e 9745 Bay!Harbor Terr,Apt#27 (786)518-5042 Bay Harbor Island, FL 3.3154 -BrantleyTate@yahoo.com Eduction Florida International University Miami, FL ■ Bachelors of Science Degree.in Construction Management. ® OSHA Certified ■ Proficient in estimating, scheduling with Primavera:P6, and all Microsoft- Office Applications. Experience March 2012 Present V Engineering & Consulting Corp Miami, FIL Project Manager ■ Responsible for making sure work on project is done properly, on time and within budget. ® Manage multiple jobs simultaneously ■ Oversee sub-contract work throughout the life of the project Prepare construction schedules and updates, change order requests and verify cost estimates Review and coordinate the approvals of shop drawings and Requests For Information ■ Certified Payroll Document project progression, and daily.reports Estimate projects ■ Coordinate daily operational needs with.Superintendant's and Foreman Jan 2008-July 2013 Service.Systems Associates — Zoo.Miami Miami, 1`L Procurement./ Operations Manager ■ Keeping track of an average monthly inventory budget of$75,000 on a day—to- day and.seasonal:basis ® In-charge of all concession procurement of food and equipment amounting to approximately$1,000,000.annually Manage and maintain relationships with all vendors ■ Responsible for ordering, storage; and quality of all food and,drinks ■ Maintaining and stocking all. 4 restaurants, 10 satellite food. carts, and 26 vending machines throughout the 300 acre zoo ■ Supervising.and delegating responsibilities to warehouse.personnel ■ Coordinating new projects. Ensuring projects stay within timeline and'budget to limit affect on daily operations. Quality control.for projects done in house or outsourced ■ Routine maintenance and refurbishing of equipment and'machinery ■. Handling of warranty 'issues with equipment, and contractor work based on contract guidelines • Design review for floor:plan layout for warehouse build out in Cincinnati, OH, which included special electrical requirements, special plumbing requirements, loading zone locations, garage door location, walk in freezer/cooler location based on best functionality of building. • Fabrication of display pieces and other misc. items that aid in a more functional facility Troubleshooting any problems,that arise Nov 2002-Jan 2008 All Star Events Miami, FL Operations Manager • Played an integral role in the growth from a mom and pop business to the largest event company in S. Florida grossing over 3 million dollars annually. • Daily scheduling of employees between 20 50 people. • Point Yp Y erson for an roblems that may arise on site or through out the course p . of the work day. Daily responsibility's .include: Routing of Trucks, packing slips, employee scheduling, directing drivers, site checks Manage Warehouse Foreman Delegate responsibility's to_ensure that all equipment is in working order before reaching job site. Employee training on specialty equipment. ■ Safety:training ■ Responsible for State Inspections for Mechanical equipment ■ Responsible for coordination of all of the high.end clientele ■ .Maintenance of trucks and equipment Help out in purchasing.process for new equipment NEMEC10 HERNANDEZ' 2900 NWI 33R® A16ENUE MIAMI, FLO I A=33142 PERSONAL: SINGLE-NO CHILDREN EDUCATIONAL EXPERIENCE: September-97 MIAMI..DADE COUNTY JOURNEYMAN LICENSE December-07 STATE OF FLORIDA-CERTIFIED MASTER PLUMBER CERTIFICATION EXPERIENCE: Oct-98 BACKFLOW-CROSS-CONNECTION TESTER May-08 OSHA 30 HOUR COURSE Jan-10 MEDICAL GAS INSTALLER-NFPA99C 2005 PROFESSIONAL EXPERIENCE 26 YEARS 2013 TO PRESENT V:ENGINEERING PROJECT FOREMAN FOREMAN PROJECT DUTIES INCLUDE-.GEN. FIELD SUPERVISION 1997 TO 2013 PLUMBERS ENTERPRISE CORP PRESIDENT-OWNER OWNER DUTIES-ESTIMATING& BIDDING-CONTRACT PROCUREMENT PROJECT DUTIES INCLUDE-PROJECT MGMT&GEN. FIELD SUPERVISION 1993-1996 PLUMBERS R US CORP V.,PRESIDENT-OWNER OWNER-DUTIES-ESTIMATING &BIDDING-CONTRACT PROCUREMENT PROJECT DUTIES INCLUDE-PROJECT MGMT&GEN..FIELD SUPERVISION 1990- 1992 JORGE J ALFONSO PLUMBING CONTRACTOR JOURNEY MAN PLUMBER DUTIES INCLUDE-LEAD PLUMBER-ESTIMATING 1988- 1990 ALL STAR PLUMBING CONTRACTOR PLUMBERS HELPER DUTIES INCLUDE-HELPER .= 305-218-3547 _ ; .. _ 82`1 3 Str e Ao teste c A-3- 3- 030"" - - - pipesouth @yahoo.com Professional Profile President and owner of Pabon Engineering, Inc. since December 01, 2001. Possess over 15 years experience in the underground utilities construction field. Self-motivator and over-achiever grew through the ranks from general labor to project Foreman in less than two years and to General Superintendent in five years. As an entrepreneur, grew the company from nothing to more than four million dollars in contracts yearly in only six years. Skills set includes: • State Certified Engineering Contractor • Equipment Operator • Contract Negotiations • Bi-lingual(English/Spanish) • Problem Solving • Class A Hazardous Material License • Value Engineering Professional Accomplishments — Included are a few of the projects completed to-date.This list is in no way exhaustive and serves only to display the various scopes of work performed and the yearly growth in contract capacity.A complete project list is available upon request. Gulliver Civil: 2009 Ne-w Ofymyic Poo(Facirit y, _W iar FL • Install Sewer System, • Install Drainage System • Excavated for Olympic Size Pool • Built Playing Field City of Miramar,FL:2007—2008 East.Miramar Re-development Transmission&Distribution Water Main Improvements • $2.5 Million Contract • Installed 22,420 lineal feet of new water main • Installed&connected over 290 new water services • Successfully cut,capped and abandoned old water lines and services Miami-Dade County,FL:2006-2007 S-769—County-wide Sewer Improvement/Point Repair Project • $1.2 Million Contract • Completed over 100 point repairs + 24 Hour Response Time Key Largo&Plantation Key,FL:2005-2006 Vacuum Sewer Collection System • $892,000 Contract • Installation of new vacuum sever collection system. FKAA Marathon,FL: 2010-2011 Distribution Main • $2,507,000 Contract • Distribution watermain including hydrants,waterservices,and connections to existing mains. Anibal Pabon Page 2 of.2 City of:Hollywood,FL:2011-2011 Short Term Scenario South 356 • $ 916,689 Contract. • Installation of 24"and 30" WM. HDD approx.400.LF of 30"HDPE City of Mami,.FL:2011-2011 S-835 Project • $ ,l-,.712,527 Contract • Installation of 24", 16",and 12":DIP Sanitary Sewer FKAA Duck Key,FL:2011-Current Distribution Upgrade ® $ 2,634,600 Contract • Installation of VI M Work History Superintendent V Engineering& Consulting Corp. 2012-Present Superintendent Metro Equipment Services 2010-2012 Superintendent JV Construction 1998-2001, Foreman/Operator Acosta Tractors 1995-1998 Foreman Madd Engineering 1993-1.995 References References are available upon request. Stia. _'Fs Document A310TM - 2010 Bd d BOP?d Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: SURETY: ON'a111e,legal slants and adds at) (XIIIlle,legal stl lm;mld1J1711ci1)al place r f b1W?1ewV) V Engineering &Consulting Corp. Capitol Indemnity Corporation 2138 S-W.23rd Street P.O. Box 5900 Miami, FL 33145 Madison, WI 53705-0900 This document has Important Mailing Address for Notices legal consequences.Consultation with an attorney is encouraged OWNER: P O. Box 5900 with respect to its completion or (,Vaiiie,lcegalstatusandaddre ss) Madison, WI 53705 modification. The City of Miami Beach Any singular reference to Contractor,Surety,Owner or 1700 Convention Center Drive other party shall be considered Miami Beach, FL 33139 plural where applicable. BOND AMOUNT:• $ Five Percent of Amount Bid PROJECT: ('Fame,location or address and 1'roject iminber,if art t j Miami Beach Golf Course Drainage Remediation The Contractor and Surety are bound to the Owner in the amount set fortis above,for the tilelllscives,tllcir heirs,eXcctltors,adlllinistrators,successors alld assigns,joitltl%l and sevemilyl as provided I ercin.The conditions of tltr�sd Bond arc shell that if the Owncr accepts the bid of tile Contractor within the title specified in talc bid documents,or within such tine p eriod 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 sucli bid,and gives such bond or bonds as lnay be specified in the bidding or Contract Iocuments,with a sure •a the jurisdiction of the Project and othery ise acceptable to the O%vner,for the faithful performance Of such Contract and for the d romps ill payltlent of labor a(td material filrnished in the prosecution thereof. prompt .. f,or 2 Opays to the Owner the this Bond,between the amount specified in said bid and such larger amount for`��hicit the Owner 111v in good fat h contract with another party to perlbrlll the work covered by said bid,then this Obligation shall be null and void,otherwise to remain in full three and ellect.The Surety hereby waives ally notice cI'all agreement between the Owner and Contractor to extend the tinge in which the Owner may accept the bid.Vl'aiverc�l*n(ltice by the Surety shall not uPPiy to any extension exceeding sixty(60)days in the aggregate beyond the tin e Ibr acceptance of-bids specified in the bid documents,and[fie Owner and Contractor shall o sixty(60)days. btain the Surety's consent lilt an y extension beyond and If this Bond is issued in connection with a subcontractor's bid to a Contractor,the teml Contractor in this Bond shall be decried to be Subcontractor and tile terns Owner shall be deemed to be Contractor. When this Dond has been ltimished to conlPly with a statutory or other legal requirement in the location o1'lhe Project.any provision in this i3Qdld c(917111C1(t1 g%with said statutory Or legal requirement shall be deemed deleted herelroill and provisions con1brniin to such statutory or other legal requirement shall be deemed incorporated herein.When so litmished.the intent is Ilia[ shall be construed as a statutory-bond and not as a common law bond. hat this i3 Sighed and scaled this 20th day of February, 2014 V Engineering & Consulting Corp. (Principal) (11.7111ess) (Seal) RV. apitol Ind. Corporation rs11,•en) (JT'itrtc%�.r) (.Seal) By: (Title)Charles D. Nielson Attorney-in-Fact i S-0054/AS 8/10 j r K n 4 f s f f f%sw 4 ltwv 1P.-W f o""Z 46 op"'. 400 "Of rO,-V of""'W" "WN ...;,,- 0 .* vzr wo Ipm 1144;t if"TA T"N44, RNA t RV, 4 AWA N474 AX*74 RM4 ;V.44 Z&A's i`efVf,* fe.474*4 V;A�Yi,irk aFii'1!If 11,14%lif,1 1,14214 i�Al"ililit"'t, ................. A,,,ivit4fft it't atf4fiti j,%Vfjf, Atf&ffj#j, tIt'i't,1 Ntffff •10ttlic j UNA 4, US of, • CAPITOL INDEMNITY CORPORATION B 0 0 9-6 9.�IO.3 POWER OE ATTORNEY 10' KNOW ALL MEN BY THESE PRESENTS,That the CAPITOL INDEMNITY CORPORATION,a corporation of the State of Wisconsin,having ts principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint T!f *4 1 DAVID R.HOOVER;CHARLES D.NIELSON;CHARLES J.NIELSON;JOSEPH P.NIELSON rney(s)-in-fact,to make,execute,seal and deliver.-for and on its behalf.as surety,and as its act an ee and a 51,R l�_� 111 bonds,!* - Its LI'Lle-'and lawfLil:Attd' d deed,any on s, undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed Linder this authority shall exceed in NO amount the sum of ---------------—----------------------ALL WRITTEN INSTRUMENTS IN AN.A_MO UN T NOT TO EXCEED$20,000,000.00.----7-----------------—----- q q 'N T4 M aid:by the authority of the following Reso adopted by'tbe,136ard This Power of Atto ;e sealed by facsimi e.un er' 'oKado6t d and is signed and I d d luti YiS cyrante of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May,2002. "RESOLVED.that the President,Executive Vice President,Vice President,Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attestinc, bonds and undertakings. and other writings.obligatory,lij the nature thereof,one or more resident vice-preside,ots,assistant secretaries and attorneys)-in-fact,each appqintep to e po:w'ers-an duties usual to Such offices to the bLIS* -pa-' bi f have the mes�of thi�.com ny:t he'signature of such officers and sea]c.i the Company g affixed ti cS1 'I_&,.and any such power of attorney or certificate bear' f mile ♦,�C to any such power Of attbrrie. certificate relating thereto�by. dcsim S ch�fq _,y or to any ce i signatures or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by facsimile signatures:and ........... 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 44). 'IT nature thereof to which it is attached. Any such appointment may be revoked.for cause,or without cause,by any of said officers,at any time.,, IN WITNESS WHEREOF.the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto-affixed duly attested.this 2nd day.pf..May-,2.011.- ",;v Attest: CAPITOL INDEMNITY:CORPORATION.: M N I T Y C "ZI. CORPORA �1,ilia' 2 1-f 0 Richard W.Allen III David F.Pauly President SEAL Surety -Fidel ity Operations CEO&Presidenr J-- V 0 STATE q. OF WISCONSIN COUNTY OF DANE } 4 7- On the 2nd day of May,2011 before me personally came David F.Pauly,to me known,who being by me duly sworn,did depose and say:that h e resides des M, !"t. in the County of Dane,State of Wisconsin;that he is President of CAPITOL INDEMNITY CORPORATION,the corporation described herein and 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 it wa5sc affixed..6y ordO of the.Board of Directors of said corporation and that he signed his name thereto by like order.'! Ii ,K"i DANIEL *71 W. KRUEGER Daniel W.Krueger STATE OF WISCONSIN r Notary Public,.Dane Co.,WI CERTIFICATE. COUNTY�017 DANE� My Commission Is Permanent -in w: a 1, tM..unders.i6hed duly elected to the office stated belo h incumbent in CAPITOL INDEMNITY CORPORATION: .1 ..now the,in Wisconsin Corporation,authorized to make this certificate.DO HEREBY CERTIFY that the foreaoina attached Power of Attorney remains in full force and has 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 thi s 20th day of February 12 014 �11PCRAT- SEAL Alan S.Oc,i'Ivie* Secretary a. THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GRAY SHADED.BACKGROUND WITH A RED SERIAL NUMBER IN THE:UPPER RIGH1H,AND CORNER".IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT:CALL,800475-4450. CIC-POA(5-11) ..: n11111 M, wylm .21muy •1 ' �p o 4; Will tltlts MV W1 nf7NN5!4W1 ,TTITT f m 4r'f 0. ,- .;Sk V ENGINEERING & CONSULTING CORP. February 21,2014 Re:CITY OF MIAMI BEACH REFERENCE n R-1 FIRM NAME:CITY OF PLATATION CONTACT INDIVIDUAL:DANIEL EZZEDINE ADDRESS: 1776 NW 8TH AVE,PLANTATION FL.33322 TELEPHONE:954-249-6480 EMAIL:DEZZEDDINE @PLANTATION.ORG SCOPE OF WORK:SITEWORK,STRUCTURAL CONCRETE R-2 FIRM NAME:CITY OF N.MIAMI BEACH CONTACT INDIVIDUAL:CARLOS RIVERO ADDRESS:-1601 NE 164 STREET,MIAMI,FL.33162 n- TELEPHONE:315-318-3121 v� EMAIL:CARLOS.RIVERO @CITYNMB.COM SCOPE OF WORK:SITEWORK,STRUCTURAL CONCRETE FIRM NAME:MIAMI DARE COUNTY DERM CONTACT INDIVIDUAL:JUAN CURIEL n ADDRESS: I I I NW I STREET,MIAMI FL. -(Jn TELEPHONE:305-310-0472 EMAIL:CURIEJ @MIAMIDADE.GOV SCOPE OF WORK:DRAINAGE;CLEANING,REPAIR 1900 Coral Way,Suite 300, MIAMI FL. 33145®Phone:305.342:5568 VEC.CORP @YAHOO.COM 70: m , Ln 0 z m o vii . v7 m oo D w � N N ! r r m ::a (,ri w < F m m (mn . . if cn . m � V r D D D pN N N (n N N _ 0 e m cz v�Zi (Z�n v7 Z m m D D D Z ;;o N (Zn Ln N Ul w � � m D Op -L Op C r r O Z O r m T Z < O O . D Z Z D z cn (n � 00 -L � m O K z K * Z 0 D D m z r) z m O D D N N N Ul ; ' N N N N N O = 0 0 00 0 F-► N N F" FA F" w w w w W � D N \ \ Q \ O O N O z W w � w - m .t, O m I i V (D V Co W w h C � CD W Ql N F, 0012 w a1 O m N -J N Ln lD O 0 0 0 0 O V O 0 0 0 0 O O O O O N O O c o o 00, S O F- Ln A Co to l0 11.0 11 0 NOR o a *z z r Construction Trades Qlwifft B Board USINESS CERTIFICATE OF COMPETENCY E120022 ENGINEERING& D.R.A... VALDES FELIX Is certified under the provisions of Chapter 10 of A kni-Dade County THM-DOCUMENT • f' t • • f C 6179165: STATE OF-FLORIok . . NES , D PRODEPARI1ENT OF BUS FESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L12063000386 LICENSE MR 106 30 . 2:012.. 1182.15:5 '7UC12468:1 : The "ONDERGI OLIY�ID UTILITY €r EKC: .y_._T -6 f;(�aaed.below IS CERTIFIED ender the ns of Capt � ° ii:xpiration date• AUG 31, 2014 .., yr v k a R- 1 VALDES F'EL`L ENGII�TERING..: :CcNSULT.INGO 2138 SW 23- STREET MIAMI FL 33145 -, RICK :SCOTT KEN LA.WSON GOVERNOR SECRETARY DISPLAY AS REQUIREDBY LAW Q• • •' 'f a '•• ' ' :6.17.91:3 5. STATE FLC)ait? . : DEF IRT NT .OF EASINESS AND PROFESS ION REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEA#L12063000386 -DATE BATCH NUMBER� LLCENSE IBR r- - 06 30. 2,03:2 1182155 1 CGC1508`76 _ x 'life GENERAL ONTRACi`0R, E�wa6d .b6 ow I.S CERTIFIED 1lrxder tie ��ivisions of -Ca tPy P ,pry r� . p 414 Rxpiration elate: AUG 31, 2014 � . VALDE3, FELIX V ENGINEERING & CONSULTING (:OP q 213 8 SW 23 STREET , MIAMI FL 3 314-5 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS RFQUIRED BY LAW