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ITB 2014-095-SR Alexander Muss Park Pavilion Renovation
R2 INVITATION TO BID ALEXANDER MUSS PARK PAVILION RENOVATION ITB No. 2014-095-SR BID ISSUANCE DATE: JANUARY 21, 2014 BID OPENING: FEBRUARY 20, 2014 C 3:00 PM ISSUED BY: MIAMIBEACH Sandra M. Rico, Senior Procurement Specialist DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000x6230 I Fax: 786.373.4404 1 www.miamibeachfl.gov COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT,PURSUANT TO INVITATION TO BID 2014-095-SR FOR THE MUSS PARK PAVILION RENOVATION PROJECT. Key Intended Outcome Supported: .Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data(Surveys, Environmental Scan,etc: N/A Item Summa !Recommendation: Muss Park is located in central Miami Beach and offers a variety of programs including After School care,toddler programs and areas available for rent. This playground has 2-5 year old play and 5-12 year play structures, shaded structures, spring riders, leaning wall climbers, mega rock wall feature,telescope and an open grass area.The playground also includes tot and youth swings and water fountains. The purpose of Invitation to Bid(ITB) No.2014-095-SR is to establish a contract, by means of sealed bids,with a qualified firm to complete the renovation of the existing Muss Park Pavilion Building, including minor sitework, demolition work, new ADA ramps, upgrading of the bathroom facilities to comply with code,adding new masonry walls,foundations for the added walls and ramps, miscellaneous interior renovations, electrical, plumbing and exhaust ventilation for the restroom and storage spaces. Invitation to Bid (lTB)2014-095-SR was issued on January 21, 2014. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders.The posting was also advertised as required by law. On February 20, 2014,the following bids were received in response to the ITB. In the due diligence:review of bids received,it was determined that ERF Construction,the apparent low bidder,failed to meet the requirements for both previous experience and financial capacity.With regard to previous experience,all the projects submitted by ERF Construction were completed under the name of a different firm. Further,the Florida State Department of Corporations indicates that ERF was not incorporated until October, 2013.Therefore, ERF has been deemed non-responsive to the previous experience requirement.With regard to financial capacity requirement,Dun& Bradstreet has reported ERF,on the Supplier Qualifier Report required by the ITB,as a"high risk"firm.Therefore,ERF is also deemed non-responsive to the requirement of sufficient financial capacity. The next apparent low bidder, H &A Contracting, has met the previous experience requirement having completed projects for many public sector agencies in the Southeast Florida region in the last five (5)years, including, but not limited to,Broward Palm Beach and Miami-Dade Counties,and the cities of Coral Gables,Miami,Miami Beach,Miami Gardens, North Miami Beach, Boca Raton,Delray Beach, Fort Lauderdale, Hollywood, Pembroke Pines,West Palm Beach,and Davie.With regard to financial capacity requirement,Dun&Bradstreet has reported H&A Contracting,on the Supplier Qualifier Report required by the ITB,as a"low risk"firm.Therefore, H&A is also deemed responsive to the requirement of sufficient financial capacity. CITY MANAGER'S RECOMMENDATION After considering the review and recommendation of City staff,the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to H&A Contracting. CONCLUSION The Administration recommends that the Mayor and City Commission: approve the award of the contract to H &A Contracting,the lowest responsive, responsible bidder pursuant to Invitation to Bid(ITB)2014-095-SR,for the Muss Park Pavilion Renovation Project, in the amount of $206,620, including a 5% contingency; and, authorize the Administration to include,following successful value engineering,Alternate Items land 2 as requested in the ITB;for a not-to-exceed grand total contract amount of$224,990. Advisory Board Recommendation: NA Financial Information: Source of Amount Account Funds: 1 $219,702.00 370-2163-069357 RCP 1996 G.O. Bonds 2 $16,538.00 383-2163-067357 2003 G.O. Bonds—Parks& Rec ` $236,240.00 TOTAL Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denise . 74 r D ext. �6 vi Martinez,z e David art e , 6972 Sign-Offs: [he partment D' ect .Assistant onager city: onager AD DM JMT JLM TAAGE A12014WIay\Procure ntlAward ITB 2014-095-SR SUMMARY.doc 0 wmbm -1 M A AGENDA EM 2 A qW 13 DATE a 1011 A1�I BEACI I City of Miami Beach, 1700 Convention-Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City Co ission FROM: Jimmy L. Morales, City Manager DATE: May 28, 2014 SUBJECT: REQUEST FOR APPROVAL T AWARD A CONTRACT, PURSUANT TO INVITATION TO BID 2014-095-SR FOR THE MUSS PARK PAVILION RENOVATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED I Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $2190702.00 370-2163-069357 RCP_ 1996 G.O. Bonds $5,288.00 383-2163-067357 2003 G.O. Bonds— Parks & Rec $224,990.00 Total This funding includes the contract cost of $224,990.00 inclusive of a 5% contingency fund and allowance for alternates at the City's discretion. Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION Muss Park is located in central Miami.Beach and offers a variety of programs including After School care, toddler programs and areas available for rent. This playground has 2-5 year old play and 5-12 year play structures, shaded structures, spring riders, leaning wall climbers, mega rock wall feature, telescope and an open grass area. The playground also includes tot and youth swings and water fountains. The purpose of Invitation-to Bid (ITB) No. 2014-095-SR is to establish a contract, by means of sealed bids, with a qualified firm to complete the renovation of the existing Muss Park Pavilion Building, including minor sitework, demolition work, new ADA ramps, upgrading of the bathroom facilities to comply with code, adding new masonry walls, foundations for the added walls and ramps, miscellaneous interior renovations, electrical, plumbing and exhaust ventilation for the restroom and storage spaces. I 14 Commission Memorandum—ITB-2014-095-SR—For The Muss Park Pavilion Renovation Project May 21, 2014 Page 2 ITB PROCESS Invitation to Bid (ITB) 2014-095-SR was issued on January 21, 2014. Notices were posted on the Public Group and Florida Purchasing Group websites. Notices were also delivered by E-mail to potential bidders. The posting was also advertised as required by law. On February 20, 2014, the following bids were received in response to the ITB: Bidder Total Bid ERF Construction $152,650.00 H.A. Contracting $206,620.00 Lego Construction $212,432.80 Team Contracting $225,625.00 Thevenian Ent. $244,216.96 Grand Home $247,924.00 Cast Development $308,175.00 The..ITB also requested pricing on certain alte mate_items to be considered by the _City at its... discretion. DUE DILIGENCE REVIEW OF BIDS RECEIVED The following minimum requirements were established in the ITB. The ITB further stipulated that no bid would be considered from a bidder failing to meet the minimum requirements. 1. Licensing Requirements: The ITB required that bidders be state certified and licensed i General Contractors. 2. Previous Experience: The ITB required that bidders document at least three (3) projects similar in scope and volume within the last five(5) years. 4. (Financial Capacity: The ITB required that bidders document sufficient financial capacity to ensure that they can satisfactorily provide the goods and/or services required herein. All bidders were required to submit Dunn & Bradstreet Supplier Qualifier Reports (SQR) as a means of determining financial capacity. In the due diligence review of bids received, it was determined that ERF Construction, the apparent low bidder, failed to meet the requirements for both previous experience and financial capacity: With regard to previous experience, all the projects submitted by ERF Construction were completed under the name of a different firm. Further, the Florida State Department of Corporations indicates that ERF was not incorporated until October, 2013. Therefore, ERF has been deemed non-responsive to the previous experience requirement. With regard to financial capacity requirement, Dun & Bradstreet has reported ERF, on the Supplier Qualifier Report required by the ITB, as a "high risk" firm. Therefore, ERF is also deemed non-responsive to the requirement of sufficient financial capacity. The next apparent low bidder, H &A Contracting, has met the previous experience requirement having completed projects for many public sector agencies in the Southeast Florida region in the last five (5) years, including, but not limited to, Broward Palm Beach and Miami-Dade Counties, and the cities of Coral Gables, Miami, Miami Beach, Miami Gardens, North Miami Beach, Boca Raton, Delray Beach, Fort Lauderdale, Hollywood, Pembroke Pines, West Palm Beach, and Davie. With regard to financial capacity requirement, Dun & Bradstreet has reported H & A Contracting, on the Supplier Qualifier Report required by the ITB, as a "low risk" firm. Therefore, H &A is also deemed responsive to the requirement of sufficient financial capacity. 15 i Commission Memorandum—ITB-2014-095-SR—For The Muss Park Pavilion Renovation Project May 21, 2014 Page 3 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to H &A Contracting. CONCLUSION The Administration recommends that the Mayor and City Commission: approve the award of the contract to H &A Contracting, the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2014-095-SR, for the Muss Park Pavilion Renovation Project, in the amount of $206,620, including a 5% contingency; and, authorize the Administration to include, following successful value engineering, Alternate Items 1 and 2 as requested in the ITB; for a not-to- exceed grand total contract amount of$224,990. JLM/MT/KGB/DM/AD T:IAGENDA120141May\May 28 ItemsllT 2014-095-SR-Muss Park Pavilion MEMO.docx i 16 AAIAN�IBEACH CITY OF MIAMI BEACH 1 1700 Convention Center Drive I Miami Beach, Florida 33139 1 www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax:786-394-4404 Date: February 13, 2014 To: All Prospective Proposers From: Sandra M. Rico, Senior Procurement Specialist Subject: Addendum 1 to ITB 2014-095-SR Reference: CITYWIDE DEMOLITION SERVICES The City of Miami Beach (the City) does hereby amend the subject Invitation to Bid (ITB) by the following actions: CLARIFIED: Section 0400 Bid Submittal Requirements has been revised as follows: 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 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. CLARIFIED: Section 0500 General Terms and Conditions Article 42.a has been revised as follows: 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 six hundred ($600) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. ITB 2014-095-SR—Addendum 1 PY1,I I' iIBEAC;H February 13,2014 Page 1 of 6 ATTACHMENTS: ATTACHMENT A: Pre-Proposal Conference Sign-in Sheet ATTACHMENT B: Revised ITB Price Form (Appendix A, Attachment A-1) QUESTIONS &ANSWERS: Q1. a. After the prebid meeting I went to the park and they do have daily summer youth programs. We have done other park projects for the CMB and typically the programs can be temporarily transferred to another nearby park (Scott Rakow youth Center) during construction. The youth programs director needs to be notified now so this transfer can be coordinated in time. A1.a .Construction shall, commence after, summer camps and related activities are completed — no sooner than August 44tt,, 2014. b. Also as discussed in the prebid the bid form does not have a dedicated allowance for permit. Will the CMB consider adding a dedicated permit allowance to the bid sheet? A1.b Line Item on the ITB Price Form has been added for permit allowance. Please reference Attachment B in this Addendum No. 1. Q2. In some drawing the awning canopy manifest at an alternative and in other as separate permit. Please clarify if that is going to be included in the scope of work. A2. This depends on the scope of work for each identified future project. If an asbestos survey is required prior to the start of work, it shall be clearly specified in future solicitations pursuant to the terms and conditions of this RFQ process. If Asbestos is discovered during the demolition of a structure, the City shall issue an order to cease all operations and shall obtain a third party to perform the abatement of any asbestos found. Once the asbestos is cleared from the project, the demolition may resume. Q3. Could you please clarify that General Notes 7 on page A1.01 is correct and if so were is the additional line attached or is it being sent as an Appendix? A3. General Note 7 calls for a separate bid for windows replacement in Storage 5. The City shall determine if that will be a part of the scope of work at a later time. Please do not include pricing in your base bid. Q4. Are all the supplement Bid Tender Form to be included in bid or only Al and A2? A4. All supplementals to the Bid Tender Form are to be submitted with your bid submittals or within three (3) calendar days request by City Administration. Q5. Does the electrical conduit and wiring has to be replace? If yes what do we do with the old one? A5. Electrical conduit and wiring to be capped and abandoned in place. ITB 2014-095-SR—Addendum l ACF I. February 13,2014 Page 2 of 6 Q6. What are the characteristic of the electrical devices? (switches and outlets) A6. Please reference the Construction Documents. Q7. The drawings don't give-the dimensions and details on the new sidewalks and concrete pads that are intended in the project. A7. No site walkways in contract. Q8. Do we have to include any temporary bathroom facilities for the public? A8. Yes. Contractors are to include two (2) ADA accessible portable toilet stalls (1 men's and 1 women's) in their base bid number. Q9. Please provide specifications for the restroom tiles. A9. See attached diagram below. ' Colors to be determined by owner from manufacturer's standard colors. qV CERAMIC TILE(DAL-TILE 34 x735 BULL DOSED CERAMIC) z w d r _U LU W U CERAMIC TILE(Dk-TILE 34 x735 OR APPROVED EQUAL) CERAMIC TILE(DAL-TILE 36 x735 COVE BASE OR APPROVED EQUAL) CERAMIC TILE WALL PATTERN AT MEN&WOMENS RESTROOM N.T.S. Q10. Is the existing irrigation controller and conduit in the boy's restroom to be removed permanently or removed and reinstalled? A10. The existing irrigation controller and conduit in the boy's restroom to be removed and reinstalled. ITB 2014-095-SR—Addendum 1 &1W.kl BEACH February 13,2014 Page 3 of 6 Q11. Sheet A6.02 (Partition Details) shows cement board being attached directly-to the CMU. Are we to use furring strips? And if so, please specify which type and size. A11. Furring is not to be included. Q12. Is new ADA water fountain to be chilled? Al2. No. Q13. Please provide specification for the new aluminum removable door flood barriers. A13. Refer to Specifications Section 08 39 60 - Removable Aluminum Flood Barriers. Q14. From the calculations on the plans, all flood vents are ok and no vents are needed? A14. Correct. Q15. What manufacturer and specifications are for the Aluminum floor barriers? A15. Please reference answer A13 in this Addendum No. 1. Q16. Any specs on new interior ceramic tile, bullnose, wall tiles? A16. Please reference answer A9 in this Addendum No. 1. Q17. Ceramic tiles on exterior walls on North West storage are existing to remain? A17. Correct. Q18. Roll on waterproof membrane 3 feet on all new C.M.U. and metal studs? A18. Provide only on CMU. Q19. Any specifications on roll on waterproof membrane? A19. - Provide a cold-applied water-based emulsified-asphaltic dampproofing and vapor- retarding coating. Q20. Enclosure for new toilet in Girls Bath does not specify what kind of door. A20. Provide a Toilet partition door. Q21. I suppose the structure and the Canvas Awning together are Alt#1? A21. Correct. Q22. On Sheet SP.01 specifies "new concrete walkway access to park ground" and it also says "existing lawn to remain." Please clarify how big is the concrete access walkway. A22. Please reference answer A7 in this Addendum No. 1. ITB2014-095-SR—Addendum 1 MI;"NAil$EACH February 13,2014 Page 4 of 6 Q23. Specify Tile Selection. A23. Please reference answer A9 in this Addendum No. 1. Q24. Provide top of pile detail/specifications. A24. Please reference structural drawings S101and S201. Q25. Is asbestos removal part of the Scope? A25. Asbestos removal is not part of the scope of work. Q26. Is lead base paint removal part of the Scope? A26. Lead base paint removal is not part of the scope of work. Q27. Is there any construction hour restrictions? A27. All construction activities shall be performed between the hours of 8 am to 6 pm, Monday through Friday. Any work performed outside of these hours must be with prior written approval by the city. Q28. Is construction area to be isolated (fenced) during construction to keep kids off working I areas? A28. Yes. Contractor to provide fencing around the project perimeter with silt fabric. Q29. Specify Closet and Janitor Closet finish floor material. Any acid stain resistant material in particular? A29. Low VOC (must be less than 50 g/L based on ASTM D6886) Concrete Sealer Clear Gloss Solvent-Based. Q30. Please confirm that existing underground plumbing pipes are to be abandoned. A30. Yes, existing underground plumbing pipes are to be abandoned. Q31. Any field office requirement? A31. Field office shall not be required. Q32. Do we have to include any temporary bathroom facilities for the public? A32. Please reference Answer A8 in this Addendum No. 1. Q33. Please clarify boxes shown on drawing M1.01 at the following locations: close walls, janitor closet (south wall), existing storage (south wall), and boys/girls restrooms back wall A33. Please clarify question. ITB 2014-095-SR—Addendum 1 ±WAN1,IBEACH. February 13,2014 Page 5 of 6 i Q34. Please clarify note on SP.01 calling for `new concrete walkway access to park ground". What Area? A34. Please reference answer A7 in this Addendum No. 1. Q35. Page 19 of the ITB states that the contractor shall provide Program Manager with a copy of the Primavera Software. Please elaborate on this request. A35. Please disregard. Q36. The ITB Price Form does not account for Alternates 1 & 2. Please advise. A36. Please reference Attachment B — Revised ITB Price Form in this Addendum No. 1. Q37. There is a supplement on the backflow preventer, b_ut there are no details on the drawings except for a note on SP.01 Can we get more`info? How far is the meter vault, where do we go into the property, etc.? A37. Bidders must follow note on P2.01 Isometric. It states that Bidders must replace existing water service (including meter and backflow preventer) only if it is less than the 2 112"this project requires. All other information remains the same. END OF ADDENDUM 1 TO ITB 2014-095-SR ITB 2014-095-SR—Addendum 1 /b�fAN! kIBEACH February 13,2014 Page 6 of 6 ATTACHMENT A Ll a a °- ' �7 ��� :A1�� t1y`�...�va Lr• ..n� 4 gf,� ': ;�'' _ 1 � �•4• 'QTY, ,cm'•,� � 9� CITY OF MIAMI BEACH PRE—POPOSAL MEETING a SIGN—IN SHEET i DATE: February 3, 2014 i RFP No.: ITB 2014-095-SR i i TITLE: MUSS PARK PAVILION RENOVATION PROJECT . _-z L , SCE ANY: NAl It _ � R � IN Y: �-- : - :_ _ PHONE# Sandra Rico " Procurement- City of Miami Beach .305-673-7000 786-394-4404 srico @m iam ibeachfl. ov ext. 6230 J (:�;�Co Cfzoclp 1pv� 3 CC 415 9�j&9Z CJClZGe @ vs EA61A)a-0V(OIl} &CT0 f i ('4 3�. i o 2-3 �9 315°`� yr-x.) EA)7C_2 p �.sCs I n of',x�y', �ll0 3oJ'f3J;a yo�J' tJ P Jq I I 1< x•/•S o e)1M r1t�. SCVk1wm , tv\ 305"51 -4111 Z 0S 5-11-1636 cif w(p 3c)5(07s (,o-7 o i v J Clga&o -4k. I__Z,C Vyl iGS CQ 305 GQU-qU+ f7 y rY L;E cz D Co rN�s-v c�i o vk G M 0 C2 CC . co Vv` c, On Oq YdAO v, ITB 2014-095-SR PAGE OF I A f CITY OF MIAMI BEACH PRE-PROPOSAL MEETING { SIGN-IN SHEET -COMPANY - °= PHONE1 # .-NAME::PLEAME ERIN fl ___ #_ FAX _ =E-MAIL ADS _SS _ : _ - Z_r-7VIs a ITB 2014-095-SR PAGE OF ATTACHMENT B ADDENDUM 1 1 City of Miami Beach REVISED 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 2014-095-SR: Alexander Muss Pavilion Renovation COMPANY NAME: LUMP SUM TOTAL Base Bid PERMIT ALLOWANCE $2500.00 5% CONTINGENCY TOTAL: ALTERNATE No. 1 Alternate No. 2 Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: BID NO:2014-095-SR CITYOF MIAMI BEACH MI,1 M"BEACH DUE DATE: FEB 20,2013 49 INVITATION TO BID SUMMARY MIANNI BEACH Description 46e_t.- 'I Invitation to Bid No. 2014-095-SR Estimated Construction Budget $275,000.00 ITB Title: ALEXANDER MUSS PARK PAVILION RENOVATION Basic Description of the Scope of Work: The scope of work includes the renovation of the existing Alexander Muss Park Pavilion Building to include minor sitework, demolition work, new ADA ramps, upgrading of the bathroom facilities to comply with code, adding new masonry walls, foundations for the added walls and ramps, miscellaneous interior renovations, electrical, plumbing and exhaust ventilation for the restroom and storage spaces, in addition to other associated work as depicted on the Contract Documents. Bid Issuance: Tuesday, January 21, 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 @ 10:30 AM 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 Immediately Following Pre-Bid Conference Date, Time, & Location: Alexander Muss Park El Site Chase Ave Site Visit is Mandatory(only if box is checked) Miami Beach, FL 33140 Last Day for Receipt of Questions: Monday, February 10, 2014 @ 3:00 PM Bid Due Date & Time: Thursday, February 20, 2014 @ 3:00 PM BID NO:2014-095-SR CITYOF MIAMI BEACH ® �' j%ld BEACH DUE DATE: FEB 20,2013 2 I Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Management Department (respond to): City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed)As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0200 for detailed information. ❑x is required at the time of bid submission. ❑ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ® 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. © SHALL NOT be applied. Project Completion Timeframe: 120 calendar days, Substantial Completion 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.12ublicpurchase.com BID NO:2014-095-SR CITYOF MIAMI BEACH ® i"01A.V01 BEACH DUE DATE: FEB 20,2013 3 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS...............................................................................................................5 0200 INSTRUCTIONS TO BIDDERS....................................................................................8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS...............................................14 0400 BID SUBMITTAL REQUIREMENTS & FORMAT........................................................16 0500 GENERAL TERMS AND CONDITIONS ................. ...18 . ................................................. APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS ............................48 APPENDIX B LIST OF PLANS AND SPECIFICATIONS....................................................76 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL................................................78 APPENDIX D REQUIRED FORMS (POST-AWARD).........................................................83 APPENDIX E SAMPLE CONTRACT..................................................................................95 BID NO:2014-095-SR CITYOF MIAMI BEACH iV,lA M i BEACH DUE DATE: FEB 20,2013 4 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of'a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO:2014-095-SR CITYOF MIAMI BEACH ® h.;dAiV,.1 BEACH DUE DATE: FEB 20,2013 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. Responsible Bidder: An offeror who has the capability in all respects to 1.23 espo p y p 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:2014-095-SR CITYOF MIAMI BEACH &A,IA:01 BEAC DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® i,1,1AN,1BEACp DUE DATE: FEB 20,2013 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 ( ❑x ). 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: Muss Park is located in central Miami Beach and offers a variety of programs including After School care, toddler programs and areas available for rent. This playground has 2-5 year old play and 5-12 year play structures, shaded structures, spring riders, leaning wall climbers, mega rock wall feature, telescope and an open grass area. The playground also includes tot and youth swings and water fountains. The scope of work includes the renovation of the existing Alexander Muss Park Pavilion Building to include minor sitework, demolition work, new ADA ramps, upgrading of the bathroom facilities to comply with code, adding new masonry walls, foundations for the -added walls and ramps, miscellaneous interior renovations, electrical, plumbing and exhaust ventilation for the restroom and storage spaces, in addition to other associated work as depicted on the Contract Documents. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of this project. 3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid to: 6.1 Examine the Contract Documents thoroughly. 6.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 6.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 6.4 Study and carefully correlate Bidder's observations with the Contract Documents. 6.5 Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. BID NO:2014-095-SR CITYOF MIAMI BEACH ® MIl't"0,1 BEACH DUE DATE: FEB 20,2013 8 5. Location of Work: This Scope of Work shall be completed at the following Location: y � r < : W i ary t 9 � W 4, zi 0.erW r ED,;LCSW N IA CU Act S g 2 f. �i Y F; H , . Y, y LY3.'c•61i111�.� 6 a•,vy -. Elam R. Nom' ' , , &Z RaO �p E Iddl6 hl F m 644 Bib ' ry 41st Sty 41 a I' s , 40tj " .5 ?t?-aKas:"g.7,,XiR.,-..:"w'':.: -,'>:. ,'�.s ,..;'.T:.T .,,'7:,.-o.'u"d?f?°,`#'iti: NS'!,-,,;x?sc,=i, ... ..,XK" 'R;;;.4i.<:. ;t...:35":5,.-w•f..,.[._I. -'4fi;.:, .S;.z.•+,`». v'!:,: t ., __... ---MW 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:2014-095-SR CITYOF MIAMI BEACH L tM1A,,\,1, BEACH DUE DATE: FEB 20,2013 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. 0 Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. 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:2014-095-SR CITYOF MIAMI BEACH ® 0,11yi 0 BEACH DUE DATE: FEB 20,2013 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 made to the Miami Beach- based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 16. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. BID NO:2014-095-SR CITYOF MIAMI BEACH ® th, ;IN0.'BEACH DUE DATE:FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH tV,1AJ%Ad BEACH DUE DATE: FEB 20,2013 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:-2014-095-SR CITYOF MIAMI BEACH ® NA.INY'=., BEACH DUE DATE: FEB 20,2013 13 1 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractors to be considered for award. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in projects for projects similar in scope and volume to the work detailed within the Contract Documents. References must be projects completed or in progress within the last five (5) years. For all references submitted, Bidders shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. 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. Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. BID NO:2014-095-SR CITYOF MIAMI BEACH m i'01�;.OI BEAC DUE DATE: FEB 20,2013 14 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/serviet/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 Page Intentionally Left Blank BID NO:2014-095-SR CITYOF MIAMI BEACH m V,IA110,,1BEAC DUE DATE:FEB 20,2013 15 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and five (5) bound copies, as well as one (1) copy in digital format (CD or USB drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Price form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three 3 calendar days upon request from the 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:2014-095-SR CITYOF MIAMI BEACH ® i1,A1AVd BEACH DUE DATE: FEB 20,2013 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 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. 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:2014-095-SR CITYOF MIAMI BEACH ® PAAPOI BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® U,,I AIM,; tI BEACH DUE DATE: FEB 20,2013 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 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1 Proposed changes to the Base Line schedule logic; P 9 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:2014-095-SR CITYOF MIAMI BEACH ® ",�f,l, ,t�1'BEACH DUE DATE: FEB 20,2013 19 PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items,aggregating..the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. ❑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 b Consultant but before Contractor starts the work at the P y 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:2014-095-SR CITYOF MIAMI BEACH ® Jl INIvAl BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® M,IA;M.1BEACH DUE DATE: FEB 20,2013 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 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:2014-095-SR CITYOF MIAMI BEACH ® hA1AJ\1,`BEACF DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH m MlAN6,113EACH DUE DATE: FEB 20,2013 23 i 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:2014-095-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 20,2013 24 (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:2014-095-SR CITYOF MIAMI BEACH t%AJtli%A.1 BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® PV,,1 "j;,Vd BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® MdA;V; BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH �'�,;{�t� ® MIAMI DUE DATE: FEB 20,2013 28 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the.Project site which differ materially from those,shown-on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not,so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. BID NO:2014-095-SR CITYOF MIAMI BEACH ® P,,AdA.,\AJ BEACH DUE DATE: FEB 20,2013 29 i 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received-from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with 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:2014-095-SR CITYOF MIAMI BEACH ® M ENV.. BEACH DUE DATE: FEB 20,2013 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 .resppct.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 s 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:2014-095-SR CITYOF MIAMI BEACH ® MI&VOBEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® M1ANA.I BEAC DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ,1vr,,1A;1,/V BEACH DUE DATE:FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH Q MIAMI BEACH DUE DATE: FEB 20,2013 34 construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. BID NO:2014-095-SR CITYOF MIAMI BEACH M1ANAIBEACH DUE DATE: FEB 20,2013 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 n h following items and shall not include an of the Project, shall include only the o g y 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:2014-095-SR CITYOF MIAMI BEACH Q MIAMI BEACH DUE DATE:FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ," {} ,'+,I BEA H DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH (A,�/0 ,j � BEACH# DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 20,2013 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 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. BID NO:2014-095-SR CITYOF MIAMI BEACH m NAd.NA.111 BEACH DUE DATE: FEB 20,2013 40 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. 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 BID NO:2014-095-SR CITYOF MIAMI BEACH M AM BEACH DUE DATE:FEB 20,2013 41 type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and 9 Y P 9 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 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. BID NO:2014-095-SR CITYOF MIAMI BEACH �► ,�,;=",1A1v's`BEACH DUE DATE: FEB 20,2013 42 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; 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 BID NO:2014-095-SR CITYOF MIAMI BEACH VdANA1 BEACH DUE DATE: FEB 20,2013 43 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:2014-095-SR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ta MIAM BEACH DUE DATE: FEB 20,2013 45 55. Proiect Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. d. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. e. The emergency procedure for spills, fire, disposal, and first aid. f. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. BID NO:2014-095-SR CITYOF MIAMI BEACH MIAN BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH > MIAMI BEACH DUE DATE:FEB 20,2013 47 A NDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information Iddlikk EACH W.b04 "' MI' 11111111111111IF BID NO:2014-095-SR CITYOF MIAMI BEACH 1Z M(', NA11gEACH DUE DATE: FEB 20,2013 48 • id ice/Appen A 009 0 0 0 0 _ �,_ ,`..n` ,. :. .°fir•,�-` 1[r"w.� '4a .,e,� :' i t`a'.;_ _ i• .fir -+_=`'' rF. x," A— ■ a 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 2014-095-SR: Alexander Muss Pavilion Renovation COMPANY NAME: H.A.Contracting Corp. LUMP SUM TOTAL Base Bid 1 q00 . 0 v PERMIT ALLOWANCE $2,500.00 5% CONTINGENCY ' 1`3 2,0, o 0 TOTAL: ,1 (o L- 10 . f)C) Company: H.A.Contracting Corp. Address Line 1: 9500 NW 12 Street Address Line 2• Bay 1 Miami,Florida 33172 Telephone: 305-591-9212 Email: nick @hacon ti com Signature: Title/Printed Name: Nicholas n elo Vice fesident BID NO:2014-095-SR CITYOF MIAMI BEACH MIAMBEACH DUE DATE: FEB 20,2013 49 A-2 BID TENDER FORM Submitted: February 20,2014 Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of _. all conditions.pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2014-095-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. i 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:2014-095-SR CITYOF MIAMI BEACH CD VIAM,IBEACH DUE DATE:FEB 20,2013 50 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Amendment 1 Feb. 13,2014 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond 0, 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 Gbllars($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: H.A.Contracting Corp. Address Line 1: 9500 NW 12 Street Bay 1 Address Line 2: Miami,Florida 33172 Telephone Number: 305-591-9212 E-mail Address: 305-591-9630 Social Security Number: OR Federal I.D. Number: 59-2283147 Dun &Bradstreet No.: 11-414-6350 If a partnership, names and addresses of partners: (Sian below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:2014-095-SR CITYOF MIAMI BEACH m '-,AIAiV11 BEACH DUE DATE:FEB 20,2013 51 A-2 (Sign below if incorporated) H.A.Contracting Corp. ATTEST: (Type or Print Name of Corporation) ecret V resident (Sig t re a itle) (CORPORATE SEAL) Henry Angelo III (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida BID NO:2014-095-SR CITYOF MIAMI BEACH m IWAMl BEACH DUE DATE:FEB 20,2013 52 A-3 SUPPLEMENT TO BIDITENDER 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. Lice nse/Certification#/Registration# #Years CGC 010703 30 CUC 056875 30 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. See Attached Resume's 3. What business are you in? General Contractor 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. See Attached Work Experience 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. None 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:2014-095-SR CITYOF MIAMI BEACH Qa MIAM.1 BEACH DUE DATE:FEB 20,2013 53 i 000 so * Or g -nlzatlonal Chart ;mot 6 F^�•i.ax�.:.•. . i c • Henry Angelo III Nicholas Angelo President Vice President Owner/Client Contact ' `° Owner/Client Contact Contract Review Contract Review Schedule Review Schedule Review Victor Angelo VP of Finance Development Budgeting Accounting Henry Angelo IV Lead Project Manager Henry Schmid Construction Services Project Manager Project Management James Ceavers Project Management Project Scheduling Project LEED Manager Project Close Out Services Safety Director/ CQC LEED Compliance Permit Processing RFI/Progress Meetings s' Dennis Dara Project Superintendent Subcontractor Coordination On-Site Construction Inspection Coordination Punchlist Brandon Campos Brian Douglass Project Superintendent Project Superintendent Subcontractor Coordination - Subcontractor Coordination On-Site Construction On-Site Construction Inspection Coordination Inspection Coordination Punchlist Punchlist Sta f Pan • Henry Angelo III Nicholas Angelo President Henry Schmid Vice President Owner/Client Contact City of Miami Beach Owner/Client Contact Contract Review Project Manager& Contract Review Schedule Review Primary Contact Schedule Review Negotiations 100% Time Allocation Negotiations 5%Time Allocation 5%Ti me Allocation Henry Angelo IV Estimator Victor Angelo Construction Services Brian Douglass VP of Finance Project Estimating Project Superintendent Development Project Scheduling Subcontractor Coordination Budgeting Safety Director/ CQC On-Site Construction Accounting RFI/Progress Meetings Inspection Coordination 10%Time Allocation 10%Time Allocation Punchlist 50%Time Allocation SUb con tractors Lowest &most Qualified Resumes 000 0000 Henry Angelo III President Career As President and founder of H.A.Contracting Corp.,Henry Angelo III has successfully completed over 2000 construction projects. His construction record is spotless with zero defaults,zero claims, zero safety violations and zero liquidated damages assessed. Mr. Angelo is the driving force for H.A.Contracting Corp. His determination,experience, and comprehension of the construction industry at large has enabled him continued success in a volatile market. Education Bachelors in Building Mr.Angelo has been immersed in construction his entire life.Born to the owner of H Angelo& Construction Sons,he was exposed early in his life to the rigors of construction work.Here he gained the hands University of Florida 1976 on experience, traveling from state to state for his father. Mr. Angelo still draws upon all of his "hands on knowledge"today.After graduation from the University of Florida,he then went on to Associates in Arts start his own company. Through his efforts, H.A. Contracting Corp. employ's fifty full-time staff Miami Dade College 1974 members and has permanent offices in Miami-Dade,Palm Beach and Broward Counties. Licenses Selected Project Experience Certified General Contractor CGC 010703 Henry Angelo III has overseen virtually every type of construction project. His experience includes, but not limited to, fire stations, banks, prisons, hospitals, pump stations, lift stations, Certified Underground public schools, colleges, correctional facilities, sea walls, public parks, government buildings, Utilities&Excavating residences,roadways,kilns,churches,museums,barracks,airports,and parking garages. CUC 056875 Nicholas Angelo Vice President Career ' Nicholas Angelo joined his brother Henry,in 1984,as Vice President of H.A. Contracting Corp. Along with his brother, Nicholas grew up in the construction industry. He spent his teenage summers working in the field for his father at H Angelo&Sons. It was in the field that Nicholas learned first hand knowledge of construction activities. It was in his early years that he established Education an unprecedented work ethic. Miami Dade College Building Construction With a variety of licenses, including Real Estate,Mortgage Broker, and Construction , Nicholas Con brings diversity to H.A. Contracting Corp. His experience with real-estate and development coupled with his knowledge of the construction industry makes him invaluable in the field of years Experience construction development. Total 35 years H.A. 30 years Selected Project Experience Licenses Nicholas Angelo is Chief of Operations for H.A. Contracting Corp's Broward and Palm Beach Certified General offices. He is also head of our in-house waterproofing, plumbing, and carpentry divisions. Contractor Throughout his lifetime,Nicholas has labored on and oversaw a variety of construction projects. (Inactive)CGC 020522 These projects include,but not limited to, fire stations,banks,prisons,hospitals,pump stations, lift stations, public schools, colleges, correctional facilities, sea walls, public parks, government Certified Real Estate buildings, residences, roadways, kilns, churches, museums, barracks, airports, and parking #0435780 garages. Henry Angelo IV President of Pre-Construction Services Career Henry Angelo IV is the fourth generation Contractor in the Angelo family and a graduate from Education the University of North Florida, School of Construction. While in school, Henry worked summers Univeristy of North at H.A. Contracting Corp. He spent most of his time handling and preparing RFI's, RFQ's and Florida construction schedules. Upon graduating from University of North Florida, he was promoted to Bachelor of Science Lead Project Manager.Henry is taking what his father has taught him,along with his new ideas and Building Construction hard work which will be a valuable asset to the company. 2010 Selected Project Experience Years Experience Total 5 years Henry is currently working on the 801 Brickell Avenue-Landlord Improvements, a 15,000 sq. ft. H.A. 5 years selective interior demolition and restroom renovation project, with Jones Lang LaSalle and the Broward Transition Center, a 700-bed, commercial, transitional facility for noncriminal USMS Licenses detainees,with The Geo Group. OSHA 10 Hour #30003109781 Army Corp.of Engineers Victor Angelo Vice President of Finance Career Victor developed his accounting background, while in college, working for Scott M. Vengel CPA Education preparing personal & corporate tax returns, interim planning and financial statements. He started Florida Atlantic his career as an Assistant Finance Manager for H.A. Contracting Corp. Recently after joining H.A., University Victor graduated from Florida Atlantic University with a Bachelor of Business Administration in Bachelor of Business Accounting and in Real Estate. He then took over the role of Vice President of Finance, assuming Administration in responsibility of all accounting,payroll, and marketing duties. He is an essential component in the Accounting 2011 budgeting and cost control within each project. He possesses all the qualities needed for successful project administration,while maintaining excellent relations with the subcontractors. Bachelor of Buiness Administration in Real Selected Project Experience Estate 2011 Victor is currently involved in a contract with a Miami-Dade County Infill Housing Project. He is Years Experience overseeing the marketing, development and finance of new construction of 20 homes along with Total 4 years coordinating with the County,banks,lenders,buyers,architects and planners. H.A.4 years Licenses Real Estate Sales Associate#SL3272161 James Ceavers Project LEED Manager o— Career James started his career as an Assistant Project Manager for H.A.Contracting Corp.Upon graduation from the University of Miami,with dual degrees,in Electrical and Mechanical Engineering,James Education soon continued his career and joined Pistorino and Alam Consulting Engineers. James worked University of Miami as an Assistant Project Manager/Inspector. While at Pistorino and Alam, James gained valuable Bachelor of Science experience in the field of LEEDS and currently holds AP LEEDS certifications. James is now the Electrical Engineering 2005 LEED consultant for H.A. Contracting Corp. James has also found the time to start Advanced University of Miami Concepts Engineering and Contracting.ACEC is an up and coming engineering and construction Bachelor of Science company which is establishing itself as a reliable and quality oriented company the South Florida Mechanical Engineering construction industry. 2005 Selected Project Experience Harvard University Masters in Business As an Assistant Project Manager for H.A. Contracting Corp, James gained much experience in Administration 2012 Pump Stations. Given his natural ability and his background in both Electrical and Mechanical Years Experience Engineering, he was a perfect fit for the complex and often convoluted work on pump stations. Total 8 years At Pistorino and Alam, James shared his time both in the field and in the office. He has been H.A. 3 years the inspector for several high-rise mixed use and condominium buildings throughout downtown Miami,Brickell and Palm Beach.His background in Mechanical and Electrical Engineering allowed Licenses James to perform the work of two traditional engineers,making a huge asset to any company. LEED Certified 2008 GBCI#01364118 Henry Schmid Project Mana�er ~A4 Career a After graduating, with honors, from Florida International University in 1991, Hank quickly entered the construction field working for Kewett-Kier. Hank gained valuable experience during his employment as a Quality Control Inspector for the Homestead Airforce Base. Realizing his potential,Hank moved on from Hewett-Kier to Design Build Construction,Inc.Here he worked as a Project Manager on a variety of projects throughout Miami Beach. Most notable, Hank was Education Florida International the Project Manager for the City of Miami Beach, Chamber of Commerce which he completed F1 o in 2003. Seeking to further his career, Hank joined H.A. Contracting Corp team in 2005. With University his superior knowledge of scheduling,estimating,procurement,and project management,Hank Bachelor of Science Schmid quickly became one of H.A.Contracting Corp's premier Project Managers. Construction Management Selected Project Experience Years Experience As one of the chief Construction Managers for H.A.Contracting Corp,Hank handles our projects Total 20 years in Miami Beach and the Miami-Dade County.Hanks most notable project was the City of Miami H.A. 10 years Beach, Chamber of Commerce. Hank completed another well recognized project, North Shore Open Space Park on Miami Beach. This beautiful park was recognized on the cover of the City's brochure as one of its shining achievements. Brandon Campos Career Project Superintendent }. _� - may �tA B Brandon Campos began his career in the construction field at the young age of 17. During the summers of his high school years,he worked for his father's concrete pumping business and learned various trades,from concrete finishing to framing,along with plumbing and electrical work.Out of school,Brandon worked for a residential and commercial electrical company, Harrison Electric, as a Designer, Project Manager and a Solar Engineer. He custom-built and installed 2.5 (KW) kilowatt to 110 (KW) photovoltaic grid connected solar arrays, various power inverter configurations and battery back-up systems. In 1998, he joined the Marine Corps and was enlisted as an Aviation Asset Manager.As a Marine Corps Reserve, he maintained z an active inventory of military aviation assets. He accurately controlled and distributed multi-million dollar Licenses Education equipment accounts.While doing his duty to his country,Brandon was hired by R.E Fiege Construction Inc., LEED Tech Certified in Huntington Beach,California.He worked as a Foreman and Housing Safety Inspector for the construction HUD Energy Certified of homes in Beverly Hills, California. Brandon honed his skills in concrete work, wood and steel framing, Lead Safe Certified plumbing,electrical,drywall,painting,tile work,and all types of finish carpentry.He also inspected all work Qualifty Storm Water and progress with city and county officials.After meeting his wife he moved to Florida,where he was hired Inspector with City of Miami in-the department of Community Development as a Housing Quality Inspector. He maintained the duties of project rehabilitation,cost analysis,estimation,and inspections for Housing Quality Years Experience Standards(HQS).During his time at the city,he helped improve the lives of countless residents by conducting Total 16 years over 4,000 inspections as a senior inspector.Brandons knowledge comes from over 15 years of field experience H.A. 2 year and passion for the industry, which allows him to exceed expectations when producing quality work. Selected Project Experience Currently Brandon is working together with Victor Angelo and Henry Schmid(Project Manager)on the Miami Dade County Infill Housing project. Brian Douglass Project Superintendent Career Y Brian derived his passion for construction at an early age, after working as a laborer throughout high school summers for Pinkerton and Laws Co, remodeling supermarkets and building hotels. He received his Associates Degree from University of North Florida before returning to Miami to finish Education his Bachelors program. Brian is a currently enrolled in The OHL School of Construction at Florida University of North International University.Before working with H.A.Contracting Corp,Brian worked as a technician for Florida South Florida Utilities, Inc.who specialized in lift station rehabs as well as relocating and specialized AA Degree 2010 transportation of very large CAT generators. Florida International Selected Project Experience University Bachelor of Science Construction In the short amount of time that Brian has been a member of the H.A. Contracting Corp. team, he Management 2013 has been a project superintendent on five different remodeling jobs in Dade and Broward Counties. Two of these jobs consisted of remodeling several floors of different office buildings. While the other Years Experience three, consisted of renovations, one which has been completed at the West Regional Courthouse in Total 11 years Broward County. Currently,he is working on exterior renovations at the Broward Transitional Center H.A. 3 years and interior renovations at Seneca Industrial Park. Licenses OSHA 30-hour #30-6006708180 Dennis Dara Project Superintendent Career As a fourth generation in the construction industry, Dennis's career came as no surprise. Dennis started his career,as a laborer,for his father at Dara Construction.After several years working for his father,Dennis moved to H Angelo&Company.To further his career,Dennis started school at Miami Dade College in 1986. It was during this time that he left H Angelo & Company to join the newly formed H.A. Contracting Corp. Dennis quickly moved up the ranks at H.A. Contracting Corp. His field experience and knowledge gained at Miami Dade,coupled with his passion for the industry makes Education him an excellent project manager. Miami Dade College AA Degree 1988 Selected Project Experience Years Experience In the past 22 years,Dennis has completed over 500 projects for H.A. Contracting Corp. His project Total 28 years experience covers every aspect of construction.One of his most notable projects was the Miami Edison H.A. 22 years Senior High Renovations.Miami Edison Received and"F"rating and underwent,a massive undertaking mandated by the superintendent.This included the"fast-track"renovations to the facility successfully completed by Dennis. Additional noteworthy projects include; the new construction of Sun Bank Hammocks Branch and Holy Family Episcopal Church, Calcium Carbonate Booster Station, New Western Well-field, GW Carver Window Replacement, and various projects at Miami Dade College. When H.A. Contracting Corp was awarded the first Miami Dade County Public Schools contract in 1994,Dennis was assigned as project manager for the contract.Over the last 15 years,Dennis has acted as project manager for 20 Job Order Contracts between Miami Dade County Public Schools,the City of Miami and the City of Miami Beach. The value of construction performed under these Job Order Contracts totals over$50,000,000.00. T i lu+� A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): a. Name of Project b. Owner and Point of Contact(Minimum of Phone Number& E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent(%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? O Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: H.A.Contracting Corp. B. The business is a: ❑ Sole Proprietorship ❑ Partnership O Corporation C. The address of principal place of business is: 9500 NW 12 Street Bay 1 Miami,Florida 33172 D. The names of the corporate officers. or partners, or individuals doing business under a trade name, are as follows: None] BID NO:2014-095-SR CITYOF MIAMI BEACH m ;,%A1A,,V.lBEACH DUE DATE: FEB 20,2013 54 • Client List 000 09040 00000 Client List Apple Inc. Miami Dade County Baptist Health Systems of South Florida Miami Dade County Infill Housing Broward County Miami Dade County Public Schools Broward Health Systems Miami Dade Water&Sewer Authority Broward Sheriff's Office Monroe County School District City of Boca Raton Morikami Museum City of Coral Gables Palm Beach County City of Delray Beach Palm Beach International Airport City of Ft.Lauderdale Port Everglades City of Hollywood Raymond James City of Miami School Board of Broward County City of Miami Beach School Board of Martin County City of Miami Gardens School Board of Palm Beach County City of North Miami Beach Sherwin Williams City of Pembroke Pines Solid Waste Authority of Palm Beach County City of West Palm Beach South Florida Water Management District Florida Department of Corrections St.Andrews Pre-School Florida Department of Enviromental Protection SunBank/Suntrust Florida State College Teachers'Insurance and Annuity Association of America Internal Revenue Service The Geo Group Jackson Health Systems Town of Davie Jones Lang LaSalle Toys"WUs Key West Aquaduct Authority United States Postal Service MasterCard Worldwide United States Securities and Exchange Commission Miami Dade College Whirlpool Corporation H.A. Contracting Corp.providing quality construction services 5 i e Team cent x p e r 1 n ce o, F Recent Experience Owner^.. .». _ Owaer'sfahel:: -x 'Addros Pb�e"N®her .rx - s XaiR "C__ . rgan Ave The Miami Tower,100 SE Raymond James-Interior Interior renovations of Class"A"suites(demolition,electrical, Investments C/O Jones Lang Brett Smith 2nd Street,Miami,FL 33130 305-807-0391 Renovations mechanical&plumbing upgrades) $156,242.52 2012 St.Andrew Greek Orthodox manuel Lazopolo FL 7900 SW L 33156 Street Miami, Church 305-439-2363 St.Andrew Pre-School New construction of Pre-School $1,101,000.00 2011 Seneca Industrial Holdings, The Miami Tower,100 SE Demolition and renovation.Construction of new demising wall, LLC C/O Jones Lang LaSalle Brett Smith 2nd Street,Miami,FL 33130 305-8074391 Seneca Industrial Park,Building C ADA restrooms,employee lounge,office work space. $201,000.00 2013 (mechanical,electrical,doors,windows,HVAC and finishes) GPT Properties GO Jones 1221 Brickell Avenue,Suite PNC Bank Building-Elevator Renovations of several floors(removal of existing elevator, Lan LaSalle Shannon Crowell 200 Miami FL 33131 305-728-7392 Removal and Interior Renovation tenant improvements,finishes' (889.811.65 2012 1700 Convention Center Underground utility replacements(water mains&water services City of Miami Beach Eugene Egemba Drive,Miami Beach,FL 305-673-7080 North Bay Road Streetscape storm drainage,piping,regrading,ADA improvements, $396,622.49 2012 33139 pavement Palm Beach County Darrell Lange 2633 Vista Parkway,West 561-233-2053 Various Parks Lighting Retrofitting lights,additional poles,&updating electrical $500,000.00 2012 Palm Beach FL 33411 systems 1700 Convention Center Landscaping,hardscaping,pavers,walkways,ADA City of Miami Beach Robert Rodriguez Drive,Miami Beach,FL 305-673-7000 North Shore Open Space Park improvements,new playground,pathways,signage $1,349,000.00 2007 beautification&utility relocation 1700 Convention Canter Landscape,hardscape,sidewalks,ADA ramps,concrete inserts City of Miami Beach Robert Rodriguez Drive,Miami Beach,FL 305 673-7000 40th Street Beach Access streetscape,&beautificaiton 5105,000.00 2011 1700 Convention Center Milling,resurfacing,striping,signage,pavement markings,& City of Miami Beach Robert Rodriguez Drive Miami Beach,FL 305 673-7000 Indian Creek Street Improvements signalization improvements $254,676.32 2012 1700 Convention Center Miami Beach Convention Center- Demolition&resurfacing of parking lot(ADA upgrades, City of Miami Beach Robert Rodriguez 305-673-7000 Drive,Miami Beach,FL Parking Lot replacement of curbing,new landscape&irrigation) $480,000.00 2008 City of Miami Beach Robert Rodriguez 1700 Convention Center Drive,Miami Beach,FL 305-673-7000 64th Street-ADA Access ADA upgrades,drainage,landscape&hardscape $500,000.00 2008 City of Miami Ed Herald 444 SW 2nd Avenue,4th 305416-1290 Pinehurst Renovations Storm Landscape,sidewalks,striping,curbing,asphalt,trenching, $1,708,313.00 2007 Floor,Miami,FL 33130 System MOT,utilites,manholes&french drains. 1700 Convention Center Streetscape improvements(grading,pavement milling,paving, City of Miami Beach Hermes Diaz Drive,Miami Beach,FL 305-673-7080 Star Island Drainage curb&gutter installation,striping,sidewalks,pavers,irrigation $561,140.00 2013 33139 systems&waterway improoements and maintenance) 1700 Convention Center Entrance improvements(new construction of guardhouse), City of Miami Beach Jose Rivas Drive,Miami Beach,FL 305-673-7080 Sunset Island 3&4 Guardhouse beautification,streetscape improvements(curb&sidewalk $226,320.00 2013 33139 replacement,landscaping,&hardscaping)New Guardhouse wit! ADA restoom Demolition(interior framing,drywall,doors,hardware,finishes The Geo Group George Zoley One Park Plaza,Suite 700, 561-999-7735 Broward Transitional Center electrical fixtures,mechanical,fire protection&plumbing), $5,001,000.00 2013 Boca Raton,FL 33131 retrofit(new partitions,finishes,impact resistent doors& windows minor MEP and fire protection improvements).new 15,000 sq.ft.demolition,installation of 150 ton cooling tower, 1221 Brickell Avenue,Suite 801 Brickell Avenue-Landlord installation of two pollution control units,removal of 350 tons o TIAA GO Jones Lang LaSall Shannon Crowell 200,Miami,FL 33131 305-728-7392 Improvements concrete and steel,installation of new valet/drive-in canopy,ne $3,507,895.00 2013 Class"A"lobby ADA restrooms REIT Management& Garrick M.Mullen 5971 Cattleridge Blvd.,Suite 941-378-6467 Internal Revenue Service-Tenant 45,000 sq.ft.buildout of tenant improvements,"fast track" $1,633,698.00 2013 Research 103,Sarasota,FL 34232 Improvements renovation and re-classification of"class A"office space Broward County Stephen Groh 115 S Andrews Ave.Ft. 954-357-5500 1200&350 Parking Garage Re- Restoration of the 1200&350 Parking Garages $225,509.09 2013 Lauderdale FL 33301 paint Whirlpool Jones Lang Brett Smith 6205 Waterford 305-807-4391 Whirlpool New LAR Sales Office Construction Manager&Provided Pre-Construction Services $800,000.00 On-Going LaSalle Miami FL U.S.Securities and Exchange 801 Brickell Ave SEC 17th,181h,and 19th Floor Interior renovations of Class"A"suites(demolition,electrical, Commision C/O Jones Lang Brett Smith Miatni FL 305-8074391 Office Improvements mechanical&plumbing upgrades) S400'000.00 On-Going LaSalle MasterCard Worldwide GO 801 Brickell Ave Interior renovations of Class"A"suites(demolition,electrical, Jones Lang LaSalle Brett Smith Miami 305-807-0391 MasterCard Worldwide Offices mechanical&plumbing upgrades) $470,000.00 On-Going City of Miami Pedro Beltran 444 SW 2 Ave 305416-1039 Douglas Park Restrooms ADA Restroom Renovation at douglas park $175,000.00 On-Going Miami,FL H.A. Contracting Corp.providing quality construction services ♦F i ' 1 e : Pa m Beac County-Various Par s Lig ting Al A94 _4"F7411 WOOF Aft '.x lot, F Nor. i -- e r _ r k s: 'r` -` - � Z"r a ". -...s � •�►�`'�,j. "'p,� may' ,�'�` '� ; � �. .•H.:..S `r ; #'~'+i. — a• _ fit- � ,�« ri-��: } Contracting Corp. quality construction s North Shore Open S ace Park E. ow v'6 �. , rs It In R a ( t _ f' Im � 1 ♦"�►y�=� +.. '�y{ ,�a.. `.,< _ .. aye _ < s • tz�+.gyp � - :tee Contracting Corp.-providing / / LY 90 Raymond James Tenant Improvements rFxp r 'I H.A. Contracting Corp.providing quality construction services io Whirlpool New LAR Office ...... OP �ti , III Ago ggqqqqp_ ff� _.$�Q .V.- ... y'? M MMY z , r y i r . f � t Ai Contracting Corp.-providing quality services MasterCard Worldwide O. F d of; Or W"A 5 `.. pit i 'n a is r H.A. Contracting Corp.providing quality construction services 12 PNC Bui ing- 211 East Browar C Ew e � e i w - look .. - v r Contracting quality rew ree rt • • • • a .- fy9+ wwuu���eeii `• wf t o _ _ b �1 .r a. P. Wa � U -0-0,Av — Contracting I ►.-providing quality ' Broward / j 3 _ r r � " s d # 1� _ r 3 ti n vim. w. 4 '. °•�c� fir, r�kf .138 a•^, '"'k S � � ^�,. 5� Contracting quality construction services T.k,. 801 Brickell Avenue - a MOW MAW maw jowl now -sue �j W I I; S .� ^s T+,fi L` `mc`� 3r`aF_L a�'4` \ 'ate ��' • y$y�iY i'kx_ fj/ NMI�Mmw=m w a a _ �.__ IdIeUc - H.A. Contracting Corp.-providing quality construction services 16 Internal Revenue Service .......... ------- 3 1 2� X w _ F'r yti �S — .._.. : e H.A. Contracting Corp.providing quality construction services 17 MDCPS - n t-4, 7y F # Y 9A w .. ..,.,.. T _ ��`7114 ., 7 w- IR v 1 �i 1r + d £ ` WO NOd � Y Contracting quality construction services 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. None 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. None 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). None 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. None BID NO:2014-095-SR CITYOF MIAMI BEACH MIAr`VtIBEACH DUE DATE: FEB 20,2013 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 one 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. No K. Under what conditions does the Bidder request Change Orders? Owners Request,Change of scope,Unforseen Conditions 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. Henry Angelo III 50% Nicholas Angelo 50% BID NO:2014-09"R CITYOF MIAMI BEACH A.M. MIAMIBEACH DUE DATE:FEB 20,2013 56 A-3 11. Individuals or entities (including our sub-consultants) with a controlling financial interest: have X 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 or subdivision or agency thereof? ❑Yes BNo 13.Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? ❑Yes ®No If the answer to either number 12 or 13 is yes, attach a written detailed explanation. 14. Is the business entity a Miami Beach based Vendor? ❑Yes IN No If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach pursuant to City Code. 15. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes ®No BID NO:2014-095-SR CITYOF MIAMI BEACH m VAAJMI BEACH DUE DATE:FEB 20,2013 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: ` A.Contracting Corp. Signature Print Name of Corporation Nicholas Angelo 9500 NW 12 Street Bay 1 Miami,Florida 33172 Print Name Address Title: Vice President WT atur Victor Angelo Print Name Title: Vice President of Development (CORPORATE SEAL) Attest: Secretary BID NO:2014-095-SR CITYOF MIAMI BEACH m MOAMI BEACH DUE DATE:FEB 20,2013 58 A-4 SUPPLEMENT TO BIDITENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 20 day of February 1 20 14. 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 sed u on the documents identified by the following number: Bid No. 2014-095-SR. SIGNATURE Nicholas Angelo PRINTED NAME Vice President TITLE (IF CORPORATION) BID NO:2014-095-SR CITYOF MIAMI BEACH m (VtWAI BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH M1ANAII BEACH DUE DATE: FEB 20,2013 60 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:2014-095-SR CITYOF MIAMI BEACH m i'AI}"M,BEACH DUE DATE: FEB 20,2013 61 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder g toe) H.A.Contracting Corp. (Print Vendor Name) STATE OF Florida COUNTY OF Dade The foregoing instrument was acknowledged before me this 20 day of February , 20 14 , by Nicholas Angelo as (name of person whose signature is being notarized) Vice President (title) of H.A.Contracting 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. NO ARY PUBLIC: (Signature) ,hHr x� CMARY I . EAVERS (Print Name) >; '" MMfSSION#F 040309 6S:MarCh 2015 Notary Pub.: Underwriters My commission expires: BID NO:2014-095-SR CITYOF MIAMI BEACH m ;MIAMI BEACH DUE DATE: FEB 20,2013 61 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract(covered by the Ordinance). BID NO:2014-095-SR CITYOF MIAMI BEACH M(ANAI BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ® ,t�,��,�i"�,�iBEACH DUE DATE: FEB 20, 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; /'1 • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO:2014-095-SR CITYOF MIAMI BEACH ® M C'ANA BEACH DUE DATE: FEB 20,2013 64 MM IAIBEACH A DECLARATIG... ...�..16-#.. ....... ... .,.,... ,.r..,.., ,-,ND BENEFITS Section 1.Vendor Information Name of Company: H.A.Contracting Corp. Name of Company Contact Person: Nicholas Angelo Phone Number: 305-591-9212 Fax Number: 305-591-9630 E-mail: nick @hacontracting.com Vendor Number(if known): Federal ID or Social Security Number: 59-2283147 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 x No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑Race _Yes_No ❑Sex _Yes_No ❑Color —Yes_No ❑Sexual Orientation —Yes_No ❑Creed _Yes_No ❑Gender Identity(transgender status) —Yes_No ❑Religion _Yes_No ❑Domestic partner status —Yes—No ❑National origin _Yes_No ❑Marital status —Yes_No ❑Ancestry _Yes No ❑Disability _Yes No ❑ AID status Age _Yes_No ❑ /HIV S st s _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:2014-095-SR CITYOF MIAMI BEACH r"til`+IAMBEACH DUE DATE:FEB 20,2013 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 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.gov/procurement/ BID NO:2014-095-SR CITYOF MIAMI BEACH m 1flW01 BEACH DUE DATE: FEB 20,2013 66 A-6 Section 3.Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist,attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 20t day of ^ebruai ,in the year 2014 ,at Miami Fl 9500 NW 12 St. Bay 1 Miami,Fl. 33172 Signature Mailing Address Nicholas Angelo Name of Signatory City,State,Zip Code Vice President Title BID NO:2014-095-SR CITYOF MIAMI BEACH m MIAMBEACH DUE DATE:FEB 20,2013 67 A-6 MIAMIBEACH KtA5UNA13Lt MtA5UKt5 AF'F'LIUAI 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. H.A.Contracting Co _ 9500 NW 12 Street Bay 1 Miami,Florida 33172 Name of Com y leas print) Mailing Address of Company Signature City,State,Zip Nicholas Angelo 305-591-9212 Name of Signatory(please print) Telephone Number Vice President February 20,2014 Title Date BID NO:2014-095-SR CITYOF MIAMI BEACH m /V',fAMBEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH to PA(ANA BEACH DUE DATE: FEB 20,2013 69 A-6 MIAMI BEACH 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:2014-095-SR CITYOF MIAMI BEACH LA ;%A<dN IBEA,CH DUE DATE: FEB 20,2013 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: 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:2014-095-SR CITYOF MIAMI BEACH LZ ,� ,!/�,NN BEACH DUE DATE: FEB 20,2013 71 A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO:2014-095-SR CITYOF MIAMI BEACH MdANAI BEACH DUE DATE: FEB 20,2013 72 A-7 SUPPLEMENT TO BIDITENDER 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 BILE AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method _ o 00 J Total $ �� H.A.Contracting Corp. Name of Bidder r Authorized Sign `ture of bidder BID NO: 2014-095-SR CITYOF MIAMI BEACH m MIA!0,I BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH MIAW B ACH DUE DATE: FEB 20,2013 74 A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO:2014-095-SR CITYOF MIAMI BEACH L' MlAMI BEACH DUE DATE: FEB 20,2013 75 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. I BID NO:2014-095-SR CITYOF MIAMI BEACH Qa :'VdAMIBEACH DUE DATE:FEB 20,2013 75 B LIST OF PLANS&SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY PBS&J Sheet Line No./ Revision/Date Title/Description Spec. No. ARCHITECTUREAL PLANS 1 CS-1 0/04-30-2008 COVER SHEET, LOCATION MAP,AND INDEX OF DRAWINGS 2 SP.01 0/04-30-2008 SITE PLAN 3 A1.00 4/08-27-2013 DEMOLITION PLAN 4 A1.01 4/08-27-2013 BUILDING FLOOR PLAN, REFLECTED CEILING PLAN & ROOF PLAN 5 A2.01 4/08-27-2013 BUILDING ELEVATIONS 6 A3.01 4/08-27-2013 WALL SECTIONS 7 A4.01 4/08-27-2013 RESTROOMS PLAN & INTERIOR ELEVATIONS 8 A5.01 0/04-30-2008 DETAILS 9 A5.02 0/04-30-2008 DETAILS 10 A6.01 4/08-27-2013 DOOR& FINISH SCHEDULES 11 A6.02 0/04-30-2008 PARTITION TYPES STRUCTURAL PLANS 18 S001 1/ 10-31-2008 GENERAL STRUCTURAL NOTES 19 S100 0/04-30-2008 DEMOLITION FLOORPLAN 20 5101 1/10-31-2008 FOUNDATION PLAN 21 S201 0/04-30-2008 DETAILS MECHANICAL PLANS 13 M0.01 0/04-30-2008 HVAC LEGEND & NOTES 14 M0.02 0/04-30-2008 HVAC DETAILS&SCHEDULES 15 M1.01 3/07-27-2012 FIRST LEVEL HVAC PLAN PLUMBING PLANS 13 P0.01 1/10-21-2008 PLUMBING NOTES, LEGEND, AND SCHEUDLES 14 P0.02 1/10-21-2008 PLUMBING DETAILS 15 P1.01 3/07-27-2012 FIRST LEVEL PLUMBING DEMOLITION PLAN 15 P1.02 3/07-27-2012 FIRST LEVEL PLUMBING PLAN 15 P2.01 1/10-21-2008 ISOMETRICS PLAN ELECTRICAL PLANS 13 E1.00 3/07-27-2012 ELECTRICAL PLAN BID NO:2014-095-SR CITYOF MIAMI BEACH [, MIAMIBEACH DUE DATE: FEB 20,2013 77 A NDIX C Required Forms for Bid Submittal Note: Attachments below only apply if the adjacent box is checked) ® ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-2: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages MIAMIBEACH BID NO:2014-095-SR CITYOF MIAMI BEACH iN,,t,,1AM1 BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH BEACH DUE DATE: FEB 20,2013 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 i BID NO:2014-095-SR CITYOF MIAMI BEACH thB, NNI BEACH DUE DATE: FEB 20,2013 80 C-2 ❑ STATEMENT OF COMPLIANCE: PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. I 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: 2014-095-SR CITYOF MIAMI BEACH ;-1,A1A J B ACI DUE DATE: FEB 20,2013 81 C-3 ❑ STATEMENT OF COMPLIANCE: DAVIS BACON ACT No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO:2014-095-SR CITYOF MIAMI BEACH ) IAMIBEACH DUE DATE: FEB 20,2013 82 A P 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 MIAMIBEACH BID NO:2014-095-SR CITYOF MIAMI BEACH ,"; :a<'; �'�: BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ;IvAJ,,V;1 BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH to MI Axe ,BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH ;":';,�f`:".;".'BEACH DUE DATE: FEB 20,2013 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 an changes in or under the Y Y 9 Y 9 Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2014-095-SR CITYOF MIAMI BEACH M(AM BEACH DUE DATE:FEB 20,2013 87 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2014-095-SR CITYOF MIAMI BEACH NAIAM!BEACF DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH �' :,IANA!BEACH DUE DATE: FEB 20,2013 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 I BID NO:2014-095-SR CITYOF MIAMI BEACH OLA BEA F DUE DATE: FEB 20,2013 90 i 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:2014-095-SR CITYOF MIAMI BEACH la MIAMI BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH JM �,,�;(,t�x't,�,IBEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH L ;"r'=,(t";;\,d BEACH DUE DATE: FEB 20,2013 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:2014-095-SR CITYOF MIAMI BEACH m MIAMABEACH DUE DATE: FEB 20,2013 94 APPENDIX E mv MIAMI BE H BID NO:2014-095-SR CITYOF MIAMI BEACH MIAMI BEACH niit: neTI=- rpa m onva 95 CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and H.A. CONTRACTING, CORPORATION, hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty (120) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of six hundred dollars ($600.00) 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 BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20,2013 96 completion and readiness for final payment, Contractor shall pay to City the sum of six hundred dollars ($600.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20,2013 97 all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 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. BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20, 2013 98 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 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, BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20,2013 99 may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20, 2013 100 H.A. Contracting Corp 9500 NW 12th Street Miami, Florida 33172 Attn: Nicholas Angelo, Vice President Phone: 305-591-9212 Fax: 305-591-9630 Email: nick(a)hacontracting.com 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 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. BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20, 2013 101 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO: 2014-095-SR CITYOF MIAMI BEACH DUE DATE: FEB 20, 2013 102 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MI Cit Clerk r °�• ,, Mayor [If incorpora 'd sign INCORP SCI Cont ctor ATTEST.- 4 ~�f Name of poration) By: (Se retary) (nng ture) Henry to III President C.)rporate Seal) (Pn t Name and Title) 11 thday of June 20 14 (If nor incorporated sign below.] Contractor WITNESSES: H.A. Contracting Corp. (Name of Firm) By: (Signature) Henry Angelo III President (Print Name and Title) 11 tday of June , 20 14 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. F:\PURC\$ALL\Solicitations\2014\2014-095-SR-ITB-Alexander Muss Park Pavilion Remodeling\Contract\2014-095 HA Contracting Corp.docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION —_�( r 4- BID NO: 2014-095-SR CITYOF MIAMI BEACH City Attorney Date DUE DATE: FEB 20, 2013 103 H . Con' tracting C(Wp. providing quality�c-onstructiotlrervices x: !Ct 5 Z. fr t� Cit y of Miami Beach Alexander Muss Park Pavilion Renovation ITB No. 2014-095-SR Due: February 20, 2014, 3:00 P.M. Sandra M. Rico, Senior Procurement Specialist Department of Procurement Management 1700 Convention Center Drive Miami Beach, FL 33139 Contact:Nicholas Angelo nick@hacontracting.com 9500 NW 12th Street, Bay I • Doral, FL 33172 • Phone: (305)591-9212 * Fax: (305)591-9630 DEPARTMENT OF PROCUREMENT MANAGEMENT VENDOR EVALUATION WORKSHEET MIAMTEAC ITB 2014-095-SR ALEXANDER MUSS PARK PAVILION RENOVATION Name of Y� Com an ` p Evaluated By: Sandra M.Rico,Se for Procurement S e ialist Date Evaluated: M 0010 x W ON IN 1 Bid Requirement Bid Submitted in a timely fashion(by 3:00 PM 2/20/14) k 2 Bid Requirement Has the Contractor submitted a 5%Bid Bond with their Bid? Bid Requirement 3 Addendum 1 RE-ISSUE Has the Bid Price Form been submitted?Per addendum 1 Re-issue y yw �i t , i 4 ITB 0300.1 Licensing Requirements:Is the bidder a certified and licensed General Contractor?Has a copy of the License been submitted with bid submittal? Previous Experience:Has the bidder submitted evidence of at least three(3) 5 ITB 0300.2 successfully completed projects of similar size,volume,and scope completed within the last 5 years? 6 . ITB 0300.4 Bidder has demonstrated Financial Stability&Strength (Dun&Bradstreet SQR or Financial Statements) n,2- TAB A:Bidder has included identification page with the following information included: Bidder's Name Address \/ E-mail Address Phone/Fax 7 ITB 0400.A FEIN ✓ X Declaration of Company Organizatio Signature of Authorized Agent 7 Printed name of Authorized Agent Title of Authorized Ag nt Date of Signature 7 Table of Contents TAB B:Contractor has provided the following information Contractor Team Ability Narrative evidence of experience as per Section 0300✓ 8 ITB 0400.13 Organizational Chart&Resumes for: Construction Project Manager Construction Superintendent Site Foreman a /or Estimator Staffing Plan ITB 0400.0/Appendix A 9 TAB C:Contractor has provided Bid Price Form(Form A-1) Attachment A-1 ' k 4Y x0 10 A-1 ITB Price Form 11 A-2 Bid Tender Form 12 A-3 Contractor Qualification Statement \x 13 A-4 Non-Collusion Certificate 14 A-5 Drug Free Workplace Certification 15 A-6 Equal Benefits Ordinance � (NIA- 16 A-7 Trench Safety Act 17 A-8 Recycled Content Information N Evaluation Sheet Created 2.4.13 Page 1 of 2 DEPARTMENT OF PROCUREMENT MANAGEMENT VENDOR EVALUATION WORKSHEET 10 I.A NA I BEA C Fi ITB 2014-095-SR ALEXANDER MUSS PARK PAVILION RENOVATION Name of Company: Evaluated By: Sandra M.Rico,Senior Procurement Specialist Date Evaluated: 18 Construction Contract Has bidder taken exception to any contract clause? Circle one: Y C N 19 Misc Miami Beach Based Vendor? Circle one: Y 20 Misc Veteran Owned Business? Circle one: Y t7N 21 Addendum 1 jAcknowledged CV\ Cl� Evaluation Sheet Created 2.4.13 Page 2 of 2 D&B Supplier-Qualifier Report: H. A. CONTRACTING CORP. Page 1 of 2 F Supplier Qualifier Report dk H. A. CONTRACTING CORP. "#En#irl� pt .,s D-U-N-S®Number 11-414-6350 ®E-mail Report ■Save HTML Rrt Copyright 2014 Dun&Bradstreet-Provided under contract for the exclusive use of subscriber 100150009 ATTN: H.A.CONTRACTING CORP. Report Printed:APR 04 2014 In Date Dverviety ! r OVERVIEW BUSINESS INFORMATION 10 About Business Information Business Information D&B PAYDEX® H.A.CONTRACTING CORP. i.Summary Analysis 9500 Nw 12th St Ste 1 Risk Score Analysis Miami, FL 33172 r Probability of Ceased Operations/Becoming This is a headquarters location. D-U-N-S® Inactive Branch(es)or division(s)exist. ? 11-414-6350 Diversity Number: t,Customer Service Mailing address: PO Box 226408 HISTORY&OPERATIONS Miami, FL 33122 History D&B Rating: 1113 Business Registration Telephone: 305 591-9212 111 is 10 or more Number of employees: employees. mployees. Family Linkage Fax: 305 591-9601 Composite credit appraisal: 3 is fair. PRODUCTS&SERVICES Chief executive: HENRY ANGELO III, PRES •Jump to: Summary UNSPSC NAICS Analysis SIC Year started: 1983 Section D&B Supplier 2 PAYMENTS Employs: 50(12 here) Risk: D&B PAYDEX Payment Summary History: CLEAR SUPPLIER EVALUATION RISK(SER)RATING Payment Details Payment Trends Financing: SECURED FOR THIS FIRM: 2 ' •lump to: Finance Section FINANCE 9 8 T 6 5 4 3 2 1 Finance NONE PUBLIC FILINGS Him Medium Lore UCC Filings Government Activity D&B PAYDEX® M About D&B PAYDEX® D&B PAYDEX: 79 D&B PAYDEX Key When weighted by dollar amount, payments to suppliers average 2 days beyond terms ■ High risk of late payment a 100 (average 30 to 120 days beyond terms) ' ❑ Medium risk of late payment 120 days slow :Wdaya stow P,n.pt Antickpams (average 30 days or less beyond terms) ■ Low risk of late payment (average prompt to 30+days sooner) Based on up to 24 months of trade. •Jump to: Payments Section ? D&B Score Interpretation Table SUMMARY ANALYSIS ? About Summary Analysis j D&B Ratinq: 1113 Number of employees: 1R indicates 10 or more employees. Composite credit appraisal: 3 is fair. The 1R and 2R ratings categories reflect company size based on the total number of employees for the business.They are assigned to business files that do not contain a current financial statement.In 1R and 2R Ratings,the 2, 3,or 4 credit worthiness indicator is based on analysis by D&B of public filings,trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information,see the D&B Rating Kev. Below is an overview of the company's rating history since 11/09/93: file:///C:/Users/PURCRicS/AppData/Local/Microsoft/Windows/Temporary%20Internet%20... 4/4/2014 D&B Supplier Qualifier Report: H. A. CONTRACTING CORP. Page 2 of 2 D&B Rating Date Applied 1R3 04/13/99 2A3 02/19/99 2A2 02/12/98 1A2 02/10/98 1A3 07/28/97 1A2 07/08/97 1A3 11/02/94 -- 03/09/94 BA3 11/23/93 BA2 11/09/93 The Summary Analysis section reflects information in D&B's file as of March 31,2014. RISK SCORE ANALYSIS ? About Risk Score Analysis SER COMMENTARY: - Higher risk industry based on inactive rate for this industry. - Variable Paydex over last 12 months. - Proportion of past due balances to total amount owing. PROBABILITY OF CEASED OPERATIONS/BECOMING INACTIVE SUPPLIER EVALUATION RISK RATING:2 The probability of ceased operations/becoming inactive indicates what percent of U.S.businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased 2.1% (210 PER 10,000) Operations/Becoming Inactive: Percentage of US business with same SER 15% (1,500 PER 10,000) score: Average Probability of Supplier Ceased 5.60% (560 PER 10,000) Operations/Becoming Inactive: -Average of Businesses in D&B's Supplier Database ?° CREDIT DELINQUENCY SCORE: 554 DIVERSITY l About Diversity Historically Underutilized Business: N/A Minority-Owned Business: N/A Veteran-Owned Business: N/A Women-Owned Business: N/A Vietnam Veteran Business: N/A Disadvantaged Business Enterprise: N/A Disabled-Owned Business: N/A Small Disadvantaged Business: N/A Historical College Classification: N/A HUB-Zoned Certified Business: N/A YES SBA 8(a)Certified: N/A Labor surplus area: (2014) Small Business: YES (2014) CUSTOMER SERVICE If you have questions about this report,please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S.If you are outside the U.S.contact your local D&B office. ***Additional Decision Support Available*** Additional D&B products, monitoring services and specialized investigations are available to help you .—eva'ruate this.c=parTy or-its-rTdustry.Cgti-Du°n--Bradstreet s.-Customer-Resource-Cervterat; -- 1 3867 f hh hin th i websi w.dnb.c94 �9�1 �s� �U�Fd�ti�� eP�dtl�]cQs����i��s �d � --rrr�ance Public Filings Print Entire Report E-mail Report Save HTML Report Order an Investigation Copyright 2014 Dun&Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 file:///C:/Users/PURCRicS/AppData/Local/Microsoft/Windows/Temporary%20Internet%20... 4/4/2014 Identification Page H. A. Contracting Corp. Type of Business: General Contracting Address: 9500 NW 12 St. Bay 1,Miami,FL 33172 Federal Identification#: 59-2283147 Email: henrys @hacontracting.com nick@hacontracting.com Phone/Fax Number: 305-591-9212/591-9630 Declaration: S-Corporation Further Information: Visit our website at- hacontracting.com Signature: Nich as Angelo Vice President Date: February 20,2014 H.A. Contracting Corp.providing quality construction services Table of Contents Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Identification Page 2 Table of Contents 3 Tab B. EXPERIENCE AND KEY PERSONNEL - Client List 5 - Recent Experience of Team 6 - Organizational Chart & Staffing Plan 19 - Resumes 22 - Licenses & Certifications 28 - Insurance 33 - Bonding 35 Tab C. BID PRICE/APPENDIX A 37 H.A. Contracting Corp.providing quality construction services AdMk • icenses & Certific , tions 00 f Licenses Certifications 002005 Laval Business TT Recei t - p Miami=Dade County, State of Florida -THIS IS NOT A BILL-DO NOT PAY 151398 BUSINESSNAME/LOCATION RECEIPT NO. EXPIRES H A CONTRACTING CORP RENEWAL SEPTEMBER 3Q, ZQ�4 9500 NW'12 ST 1, 1151398 j�ifusfe displayed at place of business ORAL FL 33172 _. Pursuant to County Code Cfiapter 8A Arts 9&tt3 , O SEC.TYPE OF BUSINESS PAYMENT RECEI A CONTRACTING COR 196 ERAL- NG C NTRACTOR By TAX Co«ECTOR orker s t C00003 $45.00 07/08/2013 CREDITCARD—Y 18 Receipt only confirms payment of the Local Business Tax.The Receipt is not a cat' ion of the holder's qualdications,to-do business. Holder must comply,with any g. tat K ulatory laws and requirements which'apply,to the business. RE above must beIdisplaye all commercial vehicles-Miami-0 ade Code Sec For more informatio www.miamidadeaov/taxcollector 00 Local Business eve pt 4 Miami-Dade County, State f Florida -THIS IS NOT BILL'.DO NOT PAY ■ 2730126 BUSINESS NAME&OCATION _ RECEIPT NO. EXEPfRES H CONTRACTING CORP RENEWAL 9500 NW 12 ST 2860261 , SEPTEMBER 30, 2014 Must be disptayed at place of business DORAL FL 33172 Pursuant to County Code Chapter s -Art.`9&10, SEC.TYPE OF BUSINESS O PAYMENT RECEIVt 1916 SPECIALTY ENGINEERING CON A CON CTING CO t31!TAX COLLECTOR Worker(s) 3 CGC010703 x45.00 07/08/2 3 CRCDITCAR 18 AN i s cal Business ax Receipt only confirms payment of the Local Business Tax.The Receipt is not a licam, it,or a certification of the holder's qualifications,to do business. Holder must comply with any gilgimmuM at latory laws and requirements which apply to the business. RE .above must be displayed all commercial vehicles-Miami-Dade Code Sec 8a-276. For more information,k:www.miamidade.goy/taxcollector H.A. Contracting Corp.providing quality construction services �9 Licenses & Certifications : ,_. PAPER _ . STATE OF FLORIDA # _ 6189390 ; DsPARTMXNT O c °ri�ou�gim�r �` �,ATSOr� SE00 L12070600976 LICENSE NBR 07 06 4012 110423013 JCGC0107,03 The GENERAL CONTRACTOR Named below 18 CBRTIFIRD w. tTr►d+ar the provisions of Chap t Expiration date: AUG 31, 2014: ANGELO, HENRY M A CONTRACTING CORP 95001NK 17 ST .. y KIAMI FL 33172 RICK SCOTT KEN LAWSON _ ro OR SECRETARY DISPLAY AS REQUIRED BY LAW General Contractor TWS . - AC# 6189638 STATE OF,FLORIDA DEPARTMENT OF BUSIURS3 AND PR ss a TION CONSTRVC7101' 19PUSTRY ,§t B LICENSE 107/ 0/2012 12104290.13 CUC056875"7 ,:' F 6 The UNDERGROUND UTILITY is EXC&V 2'IUN Named below Is C$RT:IPIED Omer the provisions of Chapt b �. ! Expiration date: AUG 31, 2014; ,> **• °; L )XGZLO, HENRY 4' M..• R A CONTRACTING CORP ` S95�0/0 NM 12 $T ;:.. MIAMI FL 33172 RGfl OR SECRETARY DISPLAY AS REQUIRED BY LAW Underground Utility & Excavation H.A. Contracting Corp.providing quality construction services 30 Licenses & Certifications JAC#713598 STATE OF FLORIDA DEPARTMENT OF BUSINESS AM PROFESSIONAL REGULATION BOARD OF ARCHITECTURE INTERIOR DESIGN. SE00 L12122600743 LICENSE 12 2S 2012 120253454 AA2 00148 ; The _ARCHITECT CORPORATION � Smed below IS CERTIFIED �' under the provisions of Chapt . Expiration date; FES 28, 2015 w ; = H A CONTRACTING CORP 9540 Nit 12TH STREET BAY 1 c' MIAMI FL 33172 r ti MVERNOR TARYN DISPLAY AS REQUIRED BY LAW Architect Corporation r 6228747 STATE OF FLORIDA DEPART ? _jZ8j8AjjAW PROFEfiSSIONA RitGGLATION �# C+AL SEQ#L120726014 79 Lfe=19 NRR. .. ! 07 26 2012 1104289$5_ EC13QQ41 �. The ELECTRICAL CONTRACTOR Ibia�aed below 15 CERTIFIED Under the provieicarsS of Ch>► tom, ��; A Expiration dates AUG 31, 2014 144: �b r*• € CEAVLRS, JAMES R ` H. A. CONTRACTING CORP. d= I 950000 MR 12TH STREET BAY 33172 ¢" i s. RICK SCOTT XZX LAWSON ! _ GOVERNOR DISPLAY AS REAUIRED BY LAVJ SRC tET71RY 9 Electrical Contractor H.A. Contracting Corp.providing quality construction services 31 Licenses & Certifications s i t PROFESSIONAL DEVELOPMENT SUPPORT CENTER MHUNTSVILLEE,ALABAMA CERTIFICATE Henry Angelo IV has completed the Corps of Engineers Training Course CONSTRUCTION QUALITY MANAGEMENT FOR CONTRACTORS i aivarded continuing education credits as indicaied for 16 hours of organized instruction y08f�� .." ai i t s G.vrar�ai�SC+tp�y k"4 k+ga:er.0 E'�+w7u Mfl3 RpisR.�.Q P�pyf6K t3f,E^.:s h:..la llvz� vi von cat Jacksonville, F1, DY Jacksonville District 2 8-29 October 2410 Location Instructional Dlzbid Date c'FSAJ-C" Faaitatwr (904)232-3446 Joseph Tavares THIS CERTIFICATE EXPIRES FIVE YEARS FROM DATE OF ISSUE Chid,L` t � � -r� ~ S1CCE!tol nay t3tti ppott Ccmr (STATE OF FLORIDA..Construction Industry Licensing Board COURSE i 0001674,provider M 0001330) (12 CEHs of 10 CEH requirement 1 CEH for Business practices(site safety,vrorkman's comp.,financing CEHs not included) (STATE OF FLORIDA,Board of AmblteMure and Interior Design COURSE i AR.04.679-17 Hours-Level of Instruction—Advanced) 6ENE�,t�c 3a CIA >� Q V.S.AMH B r , y • COMOFEN004EM �MEa� �iE� BE H.A. Contracting Corp.providing quality construction services 32 Bonding ,ago&.. 100 0009 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, H.A. Contracting Corp., as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Miami Beach, FL, as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid (-5%-), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said Principal has submitted a bid for Alexander Muss Park Pavilion Renovation, ITB No. 2014-095-SR NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.. Signed and sealed this 15th day of February, 2014. H.A. Contracting Corp. Seal By. Henry gelo, I resident Hartford Fir Ins ce Company Seal By. Robert H. Benson, Attorney In Fact i Direct InquiriesiClaims to: THE HARTFORD POWER OF ATTORNEY BOND,T-4 ONE HARTFOPD PLAZA HARTFORD,CONNECTICUT 06115 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-222553 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Robert H. Benson of Miami Shores, FL their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22,2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. LS94 f * IZ X. 21 * 3== t ± rJ.f1[[htYtii, �sl ' =$ 119,{•; : t 9 7 9 �" ',g, ���� '{• �`� .__ 'l++ �'s;.s�ti..«..�4� �ii'� ;Tih.2 919 ILL#Its Scott Sadowsky,Assistant Secretary M.Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 3`d day of March,2008, before me personally came M. Ross Fisher, to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 2� Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2012 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of February 15,2014. Signed and sealed at the City of Hartford. Its .fir �� +,sae■.[errreaf s D3amo )i 117 It A.A* tti�Nxs �4•�•r•�•t�i Gary W.Stumper,Assistant Vice President f e • • • Insurance 0 0 HACONTR-01 TGARRIDO DATE(MMfDONYYY) CERTIFICATE OF LIABILITY INSURANCE 10/912013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Teresa Garrido NAME: _ Collinsworth,Alter,Fowler 8 French,LLC P o {305 822-7800 FA c Ne:(305 362-2443 8000 Governors Square Blvd Suite 301 ADORES :tgarrido@cafflic.com Miami Lakes,FL 33016 INSURERS AFFORDING COVERAGE NAIL# tNSURERA:Amerisure Insurance Co 19488 INSURED INSURER B: H.A.Contracting Corp. INSURER C: 9500 N.W.12 Street Bay 1 ENSURER D Doral,FL 33172 INSURER E: INSURER F: COVERAGES _ _CERTIFICATE NUMBER: _ REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE Y EFF POLICY EXP LTR POLICY NUMBER MM)DD/YYYY) (MUQDrCrM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 DAMAGE TO RENTED A X COMMERCAL GENERAL LIABILITY X X GL20062591203 10/10/2013 10/10/2014 PREMISES Ea occurrence $ 300,0 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ _ 10,00 X Blanket A/I PERSONAL&ADV INJURY $ 1,000,0 X Blanket Waiver GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOP AGG S 2,000,0 POLICY X PRO LOC $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident A X ANY AUTO CAI 1980951703 10110/2013 1011012014 BODILY INJURY(Per person) $ ALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ NON-OV%NED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per aoddent S X UMBRELLA UAB X OCCUR EACH OCCURRENCE S 9,000,0 A EXCESS LIAR I CLAIMS-MADE CU20167440804 10110/2013 10/10/2014 AGGREGATE $ 9,000,0 DED X I RETENTIONS $ WORKERS COMPENSATION X VVC STATU- OTH- AND EMPLOYERS'LIABILITY TORY M) A ANY PROPRIETORIPARTNEWEXECUTIVE a N/A WC138262213 10/10/2013 10/10/2014 E.L.EACH ACCIDENT $ 500,0 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500.00 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if mare space is required) For Information Purposes Only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Purposes On THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD � 1