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Contract with Solo Construction & Engineering, Co.
c a 10. 11—M 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 Solo Construction & Engineering, Co. 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 with ninety (90) 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 five hundred dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of five hundred dollars ($500.00) 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 [X] 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. Y P PP 9 P These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 2 [ ] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten 10%ercent of all monies earned by Contractor shall be retained by City until Final p ( ) 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. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 3 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Appendix A-6) 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. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 4 _I ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices 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. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 5 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: Solo Construction & Engineering, Co. do Randy Pierson, President 20855 NE 16th Avenue, C1 Miami, FL 33179 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. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 6 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 7 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: ' THE CITY OF MI /77 c ty Clerk Mayor 1 , '/ 1 I """jjj t I f( jjjj \1 1 1t;,CCE�� U - Solo Coil- uction & Engineering, Co. A •ST: , J ,� 1 �� 1 �� �� ,f. -�;��:- _'Siariature/S; _ _ Signature ' - --nt (P1‘ Print Name . Print Name ATTACHMENTS ATTACHMENT A- Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B - Invitation to Bid ("ITB") ATTACHMENT C - Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX A: Required Forms APPENDIX A-1: Form of Performance Bond APPENDIX A-2: Form of Payment Bond APPENDIX A-3: Certificate of Corporate Principle APPENDIX A-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX A-5: Certificate of Substantial Completion APPENDIX A-6: Final Certificate of Payment APPENDIX A-7: Form of Final Receipt APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 4►' 4-0641; City Attorney Date BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 8 ATTACHMENT A Resolution, Commission Item Summary, and Commission Memorandum BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 9 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO. 2014-229-JR FOR THE 79 STREET BEACHWALK EXTENSION, LOCATED ALONG 79 STREET BETWEEN ATLANTIC WAY AND THE NORTH BEACH RECREATIONAL CORRIDOR (NBRC) BEACHWALK. Key Intended Outcome Supported: Revitalize key neighborhoods, Starting With North Beach and Ocean Drive. Supporting Data(Surveys,Environmental Scan,etc: N/A Item Summary/Recommendation: The Proposed Beach-walk connection is located along 79 Street between Atlantic Way and the North Beach Recreational Corridor(NBRC) Beachwalk, in the North Shore neighborhood.The new access will comply with ADA Standards to make the connection to the NBRC accessible to those with physical disabilities. The work specified in this project consists of furnishing all labor,machinery, tools,means of transportation, supplies, equipment, materials, services necessary for the construction work on the proposed beachwalk connection along 79 Street between Atlantic Way and NBRC Beachwalk. The work under thin Project includes, but is not limited to: installation of approximately 165 square yards of concrete pavers, including concrete headers;installation of Bollard Lights;service point connections;traffic control;and,all ancillary and miscellaneous work for a complete project in accordance with the contract documents. To seek a qualified contractor to complete the desired scope, ITB 2014-229-JR was issued on September 22, 2014. Notices were sent to two hundred eighteen(218)contractors,with sixty(60)prospective bidders downloading the solicitation. The ITB resulted in the receipt of five(5)responses on October 21,2014:from Solo Construction, RPUtility&Excavation Corp., GEC Associates, FHP Tectonics and Team Contracting, Inc. The bid tabulation is attached. Solo Construction, Inc. has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. The City Manager has considered the bids received, pursuant to ITB 2014-229-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Solo Construction, Inc.,the lowest responsive,responsible bidder to the ITB;and further,authorize the Mayor and City Clerk to execute the contracts. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2014-229-JR, for the 79th Street Beachwalk Extension, located along 79`h Street between Atlantic Way and the North Beach Recreational Corridor(NBRC) Beachwalk. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account F ds: 1 $ 118,574.00 301-2027-069357 ITAPJFKAVI° 2 • PI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis,Extension 6641 Sign-Offs: D:partment Director Assistant •t Manager City er AI f EC IIP`v )' JLM T:IAGENDA 0141December\Procurement\ITB-2014-229-JR 79 treet Beachwalk Extension-Summary.doc AGENDA ITEM COQ E MIAMI BEACH 4.2'17— DATE /S/ 97 Commission Memorandum /TB 2014-229-JR 79 Street Beachwalk Extension. December 17,2014 1 z In its due diligence, the Procurement Department verified the following: 1. Licensing Requirements: Bidders shall be State certified and licensed General Contractors to be considered for award and submit evidence of licensing with their bid. Solo Construction, Inc.is a State certified as a General Contractor.State license number is: CGC1520347 and expires on August 31, 2016. 2. Previous Experience: Bidders shall submit at least three(3)individual references for Concrete Pavers installation and Exterior Lighting installation projects during the past five(5)years involving work of similar and comparable value. References must be projects for completed or in progress within the last five (5) years. Solo Construction, Inc. submitted five(5)individual references which exemplify their experience in projects similar in scope and volume to the work indicated in the ITB. 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 from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. Solo Construction, Inc. bid response was accompanied by a letter from Allstar Financial Group,dated November 13,2014.The letter indicates that they provide suretyship for Solo construction, Inc. Their Surety is Georgia Surety Co, Inc., d/b/a American Southern Insurance Company. Georgia Surety Co. Inc. will provide the necessary Performance and Payment Bond in the amount of $87,403.71 for Solo construction, Inc., for the project known as 7911' Street Beachwalk Extension. 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. Solo Construction, Inc. has a good record of performance and has the financial resources to ensure that they can satisfactorily provide the goods and/or services required in the ITB.Their latest Supplier Qualifier Report from Dun&Bradstreet indicates that they have a Supplier Evaluation Risk (SER) rating of 6 out of 9. The lower the score, the lower the risk. Accordingly, Solo construction, Inc., has been deemed the lowest responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the ITB. CITY MANAGER'S REVIEW AND RECOMMENDATION The City Manager has considered the bids received, pursuant to ITB 2014-229-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Solo Construction, Inc., the lowest responsive, responsible bidder to the ITB;and further authorize the Mayor and City Clerk to execute the 99 TABULATION SHEET TABULATION SHEET ITB 2014-229-JR - 79th STREET BEACHWALK EXTENSION Company Bid Amount SOLO Construction $ 87,403.71 RPUtility and Excavation Corp. $ 99,301.00 GEC Associates $ 107,614.95 FHP Tectonics Corp. $ 124,944.74 Team Contracting $ 164,724.00 101 THIS PAGE INTENTIONALLY LEFT BLANK 102 ATTACHMENT B Invitation to Bid ("ITB") BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 10 MIAMI BEACH I t City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305.673-7490 Fax: 786-394-4002 E i { ADDENDUM NO. 2 INVITATION TO BID NO. 2014-229-JR FOR 79TH STREET BEACHWALK EXTENSION October 17, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. 1. RESPONSES TO QUESTIONS RECEIVED: Q1. Will permit fees be waived, reimbursable or paid by contractor? Al. REFER TO PRICE SHEET LINE ITEM 7 "ALLOWANCE", PERMIT FEES Q2. Bid form / Unit Price Breakdown item #11 states 12" X 12" concrete header in contrast to Addendum #1, Answer#5 which states an 8"X 12" header. A2. FOR LINE # 11 OF THE PRICE SHEET, THE CORRECT SIZE OF THE CONCRETE HEADER IS 8"X12" Q3. Please clarify if the reinforcement for the concrete header is only at the 30 feet of vehicle crossing or through the entire header. A3. REINFORCEMENT FOR THE CONCRETE HEADER WILL BE FOR THE ENTIRE LENGTH. 04. Please clarify if the paver base is 9" cement stabilized sand as per plans or 8" lime rock base as per addendum #1, detail RS 27. If it is lime rock, the bid form / unit price breakdown item #8 would need to be revised. A4. PAVER BASE IS 9" CEMENT STABILIZE AS PER PLANS (SEE ATTACHED). Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado miamibeachfl.gov Contact: Telephone: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 joerodriguez @miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "No Bid" Form (Appendix B)questionnaire with the reason(s)for not submitting a bid. i : incerely, or • exIs P oc ement Director ITB No.2014-229-JR 10/17/2014 Addendum#2 Page 1 4 INTERLOCKING CONCRETE 8"x12" CONCRETE PAVERS (SEE STANDARD HEADER CURB SPECIFICATIONS) 2 #5 STEEL REINFORCING RODS 54" CONTINUOUS FOR 1/2" BEVEL @ 45' BREAK AWAY VARIES FINISH GRADE 12" 1 (TYP.) I 3, CLEAR (TYP.) 12" STABALIZED SUBGRADE 9" CEMENT STABILIZED SAND 1 1/2" MIN. SAND LEVELING COURSE (SEE CMBPWM IRRIGATION SLEEVE, EXTEND 12" SPECIFICATIONS) BEYOND EDGE OF CURB NOTE: ALL WORK MUST COMPLY WITH THE CITY OF MIAMI BEACH PUBLIC WORKS MANUAL SPECIFICATIONS, PART II, SECTION 9 ROADWAYS. TYPICAL PAVER WALKWAY IN AREAS OUT OF ROADWAY N.T.S. � APPROVED REVISED tikE Gam/ � � EACH 10/17i2014 TYPICAL PAVER WALKWAY IN PUBLIC WORKS DEPARTMENT 08,23,2008 AREAS OUT OF ROADWAY RS27A 7W C:AwEM?4,+!E.DftEF BieNE h6>aMl Ei,.Tt'U.Ft 353Q MIAMIBEACH BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miarnibeachil.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 I i ADDENDUM NO. 1 INVITATION TO BID NO. 2014-229-JR FOR 79TH STREET BEACHWALK EXTENSION October 14, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. 1. DATE CHANGES: Deadline for the receipt of Bids is extended. Bids due by: Tuesday, October 21, 2014 @ 3:00 PM Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 As a reminder, late bids will not be accepted. Bidders a.re cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. 2. RESPONSES TO QUESTIONS RECEIVED: Q#1: Will the owner be providing a staging area? A#1: The CONTRACTOR's use of the project site shall be limited to its construction operations. Note that staging areas on the project site are limited to the CITY's right-of-way. Other areas required for material storage must be arranged and paid for by the CONTRACTOR, as a part of its base bid: Q#2: Will the site be required to be fenced off? A#2: Contractor shall properly fence the work site. Access to the beach for authorized utility vehicles and pedestrian traffic shall be maintained at all time. Q#3: Is Construction Experience working east of the Coastal Construction Line (CCL) required? A#3: Experience working east of Coastal Construction Line is preferable but not required. Q#4: Which permitting will be required? PW, ROW, FDEP? Has the owner obtained FDEP permitting? A#4: ROW permit and Building electrical permit; FDEP Permit DA-609 were issued for this work but it requires an extension. The City is working to get the permit extension. Q#5: Please provide dimensions of concrete header? A#5: Concrete header dimensions 8"x12", see detail RS1 in sheet 7. ITB No.2014-229-JR 10/13/2014 Addendum#1 Page 1 ) [!E i I Q#6: Does the concrete header take reinforcement? If so, please provide detail or additional information. A#6: There is a segment of 30 feet vehicle crossing where reinforcement in the concrete header will be required, see attached detail RS27. Q#7: Is the concrete header to be in color? If so, please provide color type. A#7: Concrete header color to be Gray. Q#8: Will new wood post and rope be installed in the sections that are missing? If so, please provide detail, location on plans and modify unit price sheet to include post and rope. A#8: New wood post and rope will not be installed as part of this project. Q#9: Sheet 6 of 13 of the drawing set, PG&D-01 refers to details on page PG&D-02 for 12" compacted subgrade. Please provide details. A#9: See detail RS1 on page PG&D-02. Q#10: Please provide the pre-bid conference sign-in sheet? A#10: Sign-in sheet attached. Q#11: The Invitation to Bid Summary states that the last day for questions is Wednesday,. October 8, 2014 at 5:00 PM Section 0200 of the Instruction to Bidders, item # 6, Pre-Bid Interpretations, states that "questions should be received no less than ten (10) calendar days prior to the date of the opening of bid". Please specify which date is correct? A#11: Bid Submittal due date has been extended, refer to section 1. DATE CHANGES of this addendum. Q#12: Does any portion of the work fall within the CCCL (Coastal Construction Control Line)? If so, will experience working within the CCCL be required? How many sample projects of work within the CCCL will be required? A#12: Refer to A#3 above. Q#13: We have recently(within the past 6 months) had.D&B supply the.City of Miami Beach with a Suppliers Qualification Report (SQR). Does the City keeps these on file or will a new SQR be required'for each project that is bid? A#13: A Dun & Bradstreet (D&B) Supplier Qualification Report (SQR) is required for each bid. Q#14: Please provide dimensions for the new service point 6" concrete slab. A#14: Dimension are 5' x 6'. ■ Q#15: Please provide dimensions for the new stainless steel control cabinet shown on sheet E- 04. A#15: Dimensions are W56" x.H44". IJ ITB No.2014-229-JR 10/13/2014 Addendum#1 Page 2 . is 1 Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov , Contact: Telephone: I Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 I joerodriquezmiamibeachfl.qov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the."No Bid" Form (Appendix.B)questionnaire with the reason(s) for not submitting a bid. , Simi erely, -rt1'r° oA II ho, - e. pea Pro, ur-ment Director ij t' ii i! l ': '1 ;I 1 I ii 1 ITB No.2014-229-JR 10/13/2014 Addendum#1 Page 3 i1 1 ii !1 INTERLOCKING CONCRETE 8"x12" CONCRETE PAVERS (SEE STANDARD HEADER CURB SPECIFICATIONS) 2 #5 STEEL REINFORCING RODS 54" CONTINUOUS FOR 1/2" BEVEL CD 45' BREAK AWAY VARIES FINISH GRADE 12" 1 i" ( '.) ik - - 111111111111111111111 t I i 111111111111111111111111111111111111 I 7. T _ . t , k \<_. , - <,< I 3" \ CLEARTYP.) 12" STABALI ZED SUBGRADE 8" LIME ROCK BASE 1 1/2" MIN. SAND LEVELING COURSE (SEE CMBPWM IRRIGATION SLEEVE, EXTEND 12" SPECIFICATIONS) BEYOND EDGE OF CURB NOTE: ALL WORK MUST COMPLY WITH THE CITY OF MIAMI BEACH PUBLIC WORKS MANUAL SPECIFICATIONS, PART II, SECTION 9 ROADWAYS. TYPICAL PAVER WALKWAY IN AREAS OUT OF ROADWAY N.T.S. F-'WORK SALLSCAD-D4VGISTANDARDSICIAB_STANDARD_DE'i AILStPub!,c Works SanuaTCMB Roadway Details , irlifv,I, i Nav APPROVED REVISED TITLE. A ' ��� oaAarzo,s ROADWAY DETAILS NO.2 RS27 PUBLIC WORKS DEPARTMENT oarze,zooa TYPICAL PAVER WALKWAY IN BL,,,,ENTI.w4�,,,ER _MIAMIAE„c„TFM AREAS OUT OF ROADWAY Ai\A‘ i B EAC H PRE-BID SUBMITTAL CONFERENCE SIGN-IN SHEET DATE: September 30, 201.4 ITB No: 2014-229-JR TITLE: THE 79th STREET BEACHWALK EXTENSIO NAME (PLEASE PRINT) COMPANY NAME -E-MAIL ADDRESS PHONE# FAX# . . Joe V. Rodriguez City of Miami Beach 305-673-7000 786 394 5494 ext. 6263 joerodriQuezam a beachiLLso v k -SAC)- CVAU OZ64 C2f-PS 1.."NyQ-Qtf\.y:41k. QC?to^, e36 51,) 76 54 0 7ac ,1-1-.Ne 0F AM 5 EAc A -r-cv.zas eyl y4iN.44-,ryes On arn-, a di f-1 .94v 0E-673-700a i INVITATION TI 0 THE 79th STREET BEACHWALK EXTENSION ITB No. 2014-229-JR BID ISSUANCE DATE: SEPTEMBER 22, 2014 BID OPENING: OCTOBER 16, 2014 @ 2:00 PM ISSUED BY: MIAMI BEACH Joe V. Rodriguez, CPPB, FCCM, Procurement Coordinator PROCUREMENT DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6263 I Fax: 786.394.5494 I www.miamibeachfl.gov INVITATION TO BID SUMMARY MIAMI BEACH Bid'Elemen.t, Description Invitation to Bid No. 2014-229-JR Estimated Construction Budget $ 90,000.00 ITB Title: THE 79TH STREET BEACHWALK EXTENSION Basic Description of the Scope of Work: The Proposed Beach-walk connection is located along 79 Street between Atlantic Way and the North Beach Recreational Corridor (NBRC) Beach-walk, in the North Shore neighborhood. The new access will comply with ADA Standards to make the connection to the NBRC accessible to those with physical disabilities. Bid Issuance: Monday, September 22, 2014 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Department City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33139 Pre-Bid Conference Thursday, September 29, 2014 @ 9:00 AM Date, Time, & Location: City Manager Large Conference Room 1=1 Meeting is Mandatory(only if box is checked) City of Miami Beach to 1700 Convention Center Drive, 4 Floor 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 the pre-bid conference. Date, Time, & Location: ❑ Site Visit is Mandatory(only if box is checked) Thursday, September 29, 2014 @ 10:30 AM Last Day for Receipt of Questions: Wednesday, October 8, 2014 @ 5:00 PM Bid Due Date &Time: Wednesday, October 16, 2014 @ 2:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Department (respond to): City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 BID NO:2014-229-JR CITYOF MIAMI BEACH i`',`.=A:.}, BEACH DUE DATE:OCTOBER 16,2014 2 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. ❑ 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: 90 calendar days, Substantial Completion 120 calendar days, Final Completion Liquidated Damages: $ 500.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Joe V. Rodriguez, CPPB, FCCM Procurement Coordinator Phone: 305.673.7000 ext. 6263 E-mail:joerodriquez(a.miamibeachfl.gov CONE OF SILENCE: Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(a.miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO:2014-229-JR CITYOF MIAMI BEACH !v\ /\f,I B E AC}° DUE DATE: OCTOBER 16,2014 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 77 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL 79 APPENDIX D REQUIRED FORMS (POST-AWARD) 84 APPENDIX E SAMPLE CONTRACT 96 BID NO:2014-229-JR CITYOF MIAMI BEACH V AMI BEACH DUE DATE: OCTOBER 16,2014 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 CITYOF MIAMI BEACH ;= A I BEACH BID NO:2014-229-JR -.,:� �`� � DUE DATE:OCTOBER 16,2014 5 Instructions, and any additional documents the submission of which is required by the Project. 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.19 Program Manager: Not applicable. 1.20 Project: The construction project described in the Contract Documents, including the Work described therein. 1.21 Project Initiation Date: The date upon which the Contract Time commences. 1.22 Resident Project Representative: Not applicable. 1.23 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.24 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or BID NO:2014-229-JR CITYOF MIAMI BEACH 'emu,,,BEACH DUE DATE: OCTOBER 16,2014 6 other mandated requirements by the•bid documents to be submitted at the time of bid opening. 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 7 0200 INSTRUCTIONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked ( ® ). If the box is checked, the language is made 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: The Proposed Beach-walk connection is located along 79 Street between Atlantic Way and the North Beach Recreational Corridor (NBRC) Beach- walk, in the North Shore neighborhood. The new access will comply with ADA Standards to make the connection to the NBRC accessible to those with physical disabilities. The work specified in this project consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the construction work on the Proposed Beach-walk connection along 79 Street between Atlantic Way and NBRC Beach-walk. The work under this Project includes, but is not limited to: Installation of approximately 165 square yards of concrete pavers, including concrete headers, installation of 9 Triada Bollard Lights, service point connections, traffic control and all ancillary and miscellaneous work for a complete project in accordance with 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 BID NO:2014-229-JR CITYOF MIAMI BEACH ,..LAM BEACH DUE DATE:OCTOBER 16,2014 8 convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Location of Work: This Scope of Work shall be completed at the following Locations: City of Miami Beach 79th Street Beachwalk 79th Street between Atlantic Way & NBRC Beachwalk Miami Beach, FL 33139 6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 8. ❑ Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid 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; BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 9 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 si na e. P g 9 9 g 9 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 Procurement Department prior to award of the Bid by the Mayor and City Commission. 11. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 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. 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 BID NO:2014-229-JR CITYOF MIAMI BEACH iMiAAA I BEACH DUE DATE: OCTOBER 16,2014 10 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. 16. 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. 17. 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. 18. 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. 19. 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 BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 11 REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached. 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. 20. 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 BID NO:2014-229-JR CITYOF MIAMI BEACH ={,A1 AI BEA H DUE DATE:OCTOBER 16,2014 12 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 13 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be State of Florida certified and licensed General Contractors to be considered for award and submit evidence of licensing with their bid. 2. Previous Experience: Bidders shall submit at least three (3) individual references for Concrete Pavers installation and Exterior Lighting installation projects during the past five (5) years involving work of similar and comparable value. References must be projects for 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 from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. 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). 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 BID NO:2014-229-JR CITYOF MIAMI BEACH 10 BEACH DUE DATE:OCTOBER 16,2014 14 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. Each Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No bids will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Bidder. The Bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 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:2014-229-JR CITYOF MIAMI BEACH ;\,\I"-,MI BEACH DUE DATE: OCTOBER 16,2014 15 II 0400. BID SUBMITTAL REQUIREMENTS One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copy and one (1) electronic format(CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 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. • Address of submitting Bidder. • 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. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational BID NO:2014-229-JR CITYOF MIAMI BEACH MIA ;_; BEACH DUE DATE:OCTOBER 16,2014 16 background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab C. 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. Each Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No bids will be considered without receipt, by the City, of the SQR directly from Dun &Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Bidder. The Bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 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 Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percente of the total base bid amount. Balance of Page Intentionally Left Blank BID NO:2014-229-JR CITYOF MIAMI BEACH M!*Ai BEACH DUE DATE:OCTOBER 16,2014 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:2014-229-JR CITYOF MIAMI BEACH ;;tIA= 1 BEACH DUE DATE:OCTOBER 16,2014 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. 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. CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P6, to develop and update the Primavera P6 proiect schedule. CONTRACTOR agrees to attend bi-weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to CONTRACT ADMINISTRATOR for review and acceptance that BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI IAMI BEACH DUE DATE: OCTOBER 16,2014 19 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. N Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within five (5) 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 ten (10) days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility BID NO:2014-229-JR CITYOF MIAMI BEACH;A I BEACH DUE DATE:OCTOBER 16,2014 20 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 ten (10) 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 Department of Treasury Circular 570, Current Revisions. If the amount of BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI CH DUE DATE: OCTOBER 16,2014 21 the Bond exceeds the underwriting limitation set forth in the circular, in 9 , order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class I I 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, recklessness or intentional wrongful misconduct of Contractor and persons BID NO:2014-229-JR CITYOF MIAMI BEACH ,f , ', i l BEACH DUE DATE: OCTOBER 16,2014 22 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 Procurement Department, 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, to include Contractual Liability, and 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 included 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. Insurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or BID NO:2014-229-JR CITYOF MIAMI BEACH M;AINA BEACH DUE DATE: OCTOBER 16,2014 23 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 (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, BID NO:2014-229-JR CITYOF MIAMI BEACH AI BEACH DUE DATE: OCTOBER 16,2014 24 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 determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BE AC H DUE DATE:OCTOBER 16,2014 25 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 Contractor and will be confirmed in writing by Consultant upon the written request BID NO:2014-229-JR CITYOF MIAMI BEACH MAIM!BEACH DUE DATE:OCTOBER 16,2014 26 of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall. be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and BID NO:2014-229-JR CITYOF MIAMI BEACH \A AM I BEACH DUE DATE:OCTOBER 16,2014 27 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:2014-229-JR CITYOF MIAMI BEACH sf A_AMI BEACH DUE DATE: OCTOBER 16,2014 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 29 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential BID NO:2014-229-JR CITYOF MIAMI BEACH 1V\jAM!BEACH DUE DATE:OCTOBER 16,2014 30 costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI I BEACH DUE DATE: OCTOBER 16,2014 31 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 32 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. BID NO:2014-229-JR CITYOF MIAMI BEACH ,A A Al BEACH DUE DATE: OCTOBER 16,2014 33 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract BID NO:2014-229-JR CITYOF MIAMI BEACH tv'A \1 BEACH DUE DATE:OCTOBER 16,2014 34 Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the 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 BID NO:2014-229-JR CITYOF MIAMI BEACH ;',,%,; At;BEACH DUE DATE:OCTOBER 16,2014 35 the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. BID NO:2014-229-JR CITYOF MIAMI BEACH I BEACH DUE DATE:OCTOBER 16,2014 36 39.2.2. , Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 37 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, 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, BID NO:2014-229-JR CITYOF MIAMI BEACH _ t',=;,BEACH DUE DATE:OCTOBER 16,2014 38 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 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: BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI-;l BE, CH DUE DATE:OCTOBER 16,2014 39 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 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. BID NO:2014-229-JR CITYOF MIAMI BEACH M.AM1 BEACH DUE DATE: OCTOBER 16,2014 40 Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. (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 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 BID NO:2014-229-JR CITYOF MIAMI BEACH MiAAAI BEACH DUE DATE:OCTOBER 16,2014 41 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 ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 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. Proiect 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 BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 44 to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51.5. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the Owner or Owner Representative a Huricane Prepardness Plan. 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. BID NO:2014-229-JR CITYOF MIAMI BEACH AA,AM I BE H DUE DATE:OCTOBER 16,2014 45 Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 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. BID NO:2014-229-JR CITYOF MIAMI BEACH AixiAMI BEACH DUE DATE:OCTOBER 16,2014 46 f. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. g. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. BID NO:2014-229-JR CITYOF MIAMI BEACH INAIAMI BEACH DUE DATE:OCTOBER 16,2014 47 APPENDIX 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 MIAMIBEACH BID NO:2014-229-JR CITYOF MIAMI BEACH '`}s,z r !iBEACH DUE DATE: OCTOBER 16,2014 48 A-1 City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor,equipment,supervision, mobilization,demobilization,overhead and profit,insurance, permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed, including Sections 1 and 2, as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive. FOR INFORMATIONAL PURPOSES ONLY,BIDDER SHALL SUBMIT A DETAILED SCHEDULE OF VALUES BY DIVISION THAT INCLUDES UNIT PRICES ON THE ATTACHED BREAKDOWN FORM 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. Section 1—Bidders Price: PROJECT TITLE: ITB 2014-229-JR: THE 79th STREET BEACHWALK EXTENSION COMPANY NAME: Cost General Conditions $ Sitework $ Lighting&Electrical $ Total Base Bid $ • PROJECT SHALL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER. Section 2-Bidder's Affirmation: Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: Submitted: Date BID NO:2014-229-JR CITYOF MIAMI BEACH \il Atv I BEACH DUE DATE: OCTOBER 16,2014 49 A-1 PROJECT:ITB 2014-229-JR THE 79TH STREET BEACHWALK EXTENSION UNIT PRICE BREAKDOWN Div I Item tt I Description I Quantity I Unit I Unit Price Total DIVISION 1-GENERAL CONDITIONS 1 BONDS AND INSURANCE 1 LS $ $ 2 MOBILIZATION 1 LS $ $ 3 GENERAL CONDITIONS 1 LS $ $ 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $ $ 5 INDEMNIFICATION 1 LS $ 25.00 $ 25.00 6 MAINTENANCE OF TRAFFIC 1 LS $ $ 7 ALLOWANCE:PERMIT FEES 1 LS $ 500.00 $ 500.00 GENERAL CONDITIONS TOTAL: $ DIVISION 2-SITEWORK PAVERS 8 9-INCH CEMENT STABILIZED SAND BASE 270 SY $ $ 9 12-INCH STABILIZED SUBGRADE _ 270 SY $ $ 10 CONCRETE PAVERS 165 SY $ $ 11 12"X12"CONCRETE HEADER 15 CY $ $ 12 WOOD FORMWORK 748 SF $ $ 13 SILT FENCE 370 LF $ $ SITEWORK TOTAL: $ DIVISION 16—LIGHTING&ELECTRICAL Lighting/Electrical Improvements—Furnish and install costs as described in each pay item description,but not limited to, plus any and all ancillary costs associated with such installations,including overhead and profit,with exclusion of MOT and construction sequencing requirements/restrictions which are to be addressed under a separate unit price heading as noted on this tabulation. Furnish and install New BOLLARD light luminaire,lighthouse bollard pole, and pullbox installed in earth/existing sidewalk,complete in place.Includes hand excavation,saw-cutting,fixture,pole,concrete base,pullbox,fuses, 14 9 EA $ fuse kits,splice kits,grounding,conduits,conductors,testing,lamps,labor, $ photocell,concrete/pavement/driveway repair,and backfill complete in place. _ For Service Point Connection:2"PVC Schedule 40 conduit installed under existing roadway.Includes hand excavation,saw-cutting,labor,conduits, 15 connectors,warning tape,pull string,asphalt repair,and backfill and 600 LF $ $ compaction complete in place. Provide and install new electrical service point,complete.Includes meter& meter can,stainless steel panelboard,circuit breakers,surge protective 16 device(SPD),pull box,concrete pole,conduits,conductors,grounding, 1 EA $ $ ground rods,concrete slab,connections,testing,identification,splice kits, FPL splice box,mounting hardware and channel,hand excavation,labor, coordination,and etc.,complete in place. Provide and install Photo Cell Control:mounted inside control panel one 17 1 EA $ contactor 3 pole 40 AMP.,120V coil,1800W. $ LIGHTING&ELECTRICAL TOTAL: $ TOTAL BASE BID $ BID NO:2014-229-JR CITYOF MIAMI BEACH Mi All I BEACH DUE DATE:OCTOBER 16,2014 50 A®2 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. 2014-229-JR THE 79th STREET BEACHWALK EXTENSION The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO:2014-229-JR CITYOF MIAMI BEACH r IA AA I BEACH DUE DATE:OCTOBER 16,2014 51 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Amendment Date Issued Amendment Date Issued 'Number Number Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) Si nature ( 9 ) (Type or Print Name Signed Above) BID NO:2014-229-JR CITYOF MIAMI BEACH AAA j BEAH DUE DATE: OCTOBER 16,2014 52 A-2 (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO:2014-229-JR CITYOF MIAMI BEACH MI N\ BEACH EAC DUE DATE:OCTOBER 16,2014 53 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# #Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. BID NO:2014-229-JR CITYOF MIAMI BEACH IV'AM!BEACH DUE DATE: OCTOBER 16,2014 54 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): a. Name of Project b. Owner and Point of Contact(Minimum of Phone Number& E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent(%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ❑ Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: B. The business is a: ❑ Sole Proprietorship ❑ Partnership ❑ Corporation C. The address of principal place of business is: D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Name Title BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI 1 BEACH DUE DATE:OCTOBER 16,2014 55 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. BID NO:2014-229-JR CITYOF MIAMI BEACH Mi A aril BEACH DUE DATE:OCTOBER 16,2014 56 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. 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. K. Under what conditions does the Bidder request Change Orders? L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. BID NO:2014-229-JR CITYOF MIAMI BEACH \>!,iA „l BEACH DUE DATE:OCTOBER 16,2014 57 A-3 11. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. 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 ❑No 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 ❑N If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach pursuant to City Code. 15. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes ❑No BID NO:2014-229-JR CITYOF MIAMI BEACH , `. i BEACH DUE DATE:OCTOBER 16,2014 58 A-3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BID NO:2014-229-JR CITYOF MIAMI BEACH i`,r"t ,l BEACH DUE DATE:OCTOBER 16,2014 59 A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014-229-JR. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO:2014-229-JR CITYOF MIAMI BEACH ,, IA BEACH DUE DATE:OCTOBER 16,2014 60 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 61 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as (name of person whose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: BID NO:2014-229-JR CITYOF MIAMI BEACH f J\;,AMI BEACH DUE DATE: OCTOBER 16,2014 62 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:2014-229-JR CITYOF MIAMI BEACH :-',A;AMi BEACH DUE DATE:OCTOBER 16,2014 63 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 NE, landscape NE, 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:2014-229-JR CITYOF MIAMI BEACH (\A: .i\i BEACH DUE DATE: OCTOBER 16,2014 64 with the description of its employee benefits plan, which needs to be delivered to A 6 the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 65 A-6 MIAMIBEACH DECLARATION: Ib.J1.1.0ov%01%11.111.,,1 1,61111 I9. 160.011 I..r,.;TS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑Race _Yes_No ❑Sex _Yes_No ❑Color _Yes_No ❑Sexual Orientation _Yes_No ['Creed —Yes_No ❑Gender Identity(transgender status) _Yes_No ['Religion —Yes_No ['Domestic partner status _Yes_No ['National origin — Yes_No ['Marital status _Yes_No ❑Ancestry Yes No ❑Disability Yes No _ __ _ ['Age —Yes_No ['AIDS/HIV status — Yes_No ❑Height _Yes_No ❑Weight — Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. _Yes_No BID NO:2014-229-JR CITYOF MIAMI BEACH ,Vi,A=`'I BEACH DUE DATE: OCTOBER 16,2014 66 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? YES 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? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.gov/procurement/ BID NO:2014-229-JR CITYOF MIAMI BEACH r'F'1iA AA I BEACH DUE DATE:OCTOBER 16,2014 67 A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist,attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of ,in the year ,at Signature Mailing Address Name of Signatory City, State,Zip Code Title BID NO:2014-229-JR CITYOF MIAMI BEACH N\ B EAC DUE DATE:OCTOBER 16,2014 68 A-6 AvA•AM 1 B EAC KtA,UNALSLL MtASUKtb AF'I'LIC:AI IUN Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 2. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 3. The dates on which such benefits providers were contacted; 4. Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 5. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO:2014-229-JR CITYOF MIAMI BEACH ;\; MAI BEACH DUE DATE:OCTOBER 16,2014 69 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:2014-229-JR CITYOF MIAMI BEACH MI AM BEACH DUE DATE:OCTOBER 16,2014 70 A-6 ii\A f AMI BEACH jSUBS'.......,._ ,....... _......._..,........._........ FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Department 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 Procurement Department 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:2014-229-JR CITYOF MIAMI BEACH ;s,MI BEACH DUE DATE: OCTOBER 16,2014 71 B. Administrative Actions and Request for Extension ~ Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3)months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAM!BEACH DUE DATE:OCTOBER 16,2014 72 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:2014-229-JR CITYOF MIAMI BEACH ``f A: 'd BEACH DUE DATE: OCTOBER 16,2014 73 A®7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ Name of Bidder Authorized Signature of Bidder BID NO:2014-229-JR CITYOF MIAMI BEACH ;Q'A ;,BEACH DUE DATE: OCTOBER 16,2014 74 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:2014-229-JR CITYOF MIAMI BEACH \1iAf\/,i BEACH DUE DATE: OCTOBER 16,2014 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. Percentage • of Recycled Material Used Content BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEA DUE DATE: OCTOBER 16,2014 76 APPENDIX B List of Plans and Specifications MIAMIBEACH BID NO:2014-229-JR CITYOF MIAMI BEACH '/l A.t'•A BEACH DUE DATE:OCTOBER 16,2014 77 B LIST OF PLANS & SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY CITY OF MIAMI BEACH CAPITAL IMPROVEMENT DEPARTMENT Page Sheet No./ Title/Description Spec. No. THE 79th STREET BEACHWALK EXTENSION DRAWINGS 1 COVER SHEET& INDEX OF DRAWINGS 2 G-01 GENERAL NOTES, PROJECTS NOTES 3 G-02 ENGINEER'S NOTES&ABREVIATIONS 4 G-03 KEY MAP 5 EC-01 EXISTING CONDITIONS PLAN 6 PG&D-01 PAVING AND GRADING PLANS 7 PG&D-02 PROFILE&TYPICAL PAVERS WALKWAY DETAILS 8 E-01 ELECTRICAL PLANS 9 E-02 ELECTRICAL NOTES AND DETAILS 10 E-03 ELECTRICAL PANELS 11 E-04 ELECTRICAL DETAILS 12 ESC-01 EROSION &SEDIMENT CONTROL NOTES 13 ESC-02 EROSION &SEDIMENT CONTROL DETAILS THE 79th STREET BEACHWALK EXTENSION SPECIFICATIONS 01025 MEASUREMENTS AND PAYMENT 01300 SUBMITTALS 01310 PROGRESS SCHEDULE 01380 CONSTRUCTION PHOTOGRAPHY 01700 CONTRACT CLOSEOUT 02315 EXCAVATION AND FILL 02711 PORTLAND CEMENT—STABILIZED BASE COURSE 02780 CONCRETE BLOCK PAVEMENTS 16521 EXTERIOR LIGHTING BID NO:2014-229-JR CITYOF MIAMI BEACH f IA=1,1 BEACH DUE DATE:OCTOBER 16,2014 78 APPENDIX 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 79 it C1 ❑ 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:2014-229-JR CITYOF MIAMI BEACH MIAMI I BEACH DUE DATE: OCTOBER 16,2014 80 c-1 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO:2014-229-JR CITYOF MIAMI BEACH ;£��`_;,2-\BEACH DUE DATE: OCTOBER 16,2014 81 C-2 ❑ STATEMENT OF COMPLIANCE: PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. _ Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20 . (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO:2014-229-JR CITYOF MIAMI BEACH V;,A=A/\I BEACH DUE DATE: OCTOBER 16,2014 82 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 83 APPENDIX 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:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 16,2014 84 D-1 FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of 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 3 O P 9 J 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:2014-229-JR CITYOF MIAMI BEACH : AM;BEACH DUE DATE:OCTOBER 16,2014 85 D-1 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: _ BID NO:2014-229-JR CITYOF MIAMI BEACH =.'s! we'`•r'1 BEACH DUE DATE:OCTOBER 16,2014 86 D-2 FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO:2014-229-JR CITYOF MIAMI BEACH !MIAMI BEACH DUE DATE:OCTOBER 16,2014 87 D-2 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact • Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2014-229-JR CITYOF MIAMI BEACH iNAlAMI BEACH DUE DATE:OCTOBER 16,2014 88 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by CITYOF MIAMI BEACH Vii;MA!BEACH BID NO:2014-229-JR '` DUE DATE:OCTOBER 16,2014 89 D-4 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or BID NO:2014-229-JR CITYOF MIAMI BEACH ;',/v Aimi BEACH DUE DATE:OCTOBER 16,2014 90 D-4 agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO:2014-229-JR CITYOF MIAMI BEACH '�I�iAMi BEACH 4 1 DUE DATE: OCTOBER 16,2014 91 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BID NO:2014-229-JR CITYOF MIAMI BEACH M AMI BEACH DUE DATE: OCTOBER 16,2014 92 D-5 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO:2014-229-JR CITYOF MIAMI BEACH f \iA!BEACH DUE DATE:OCTOBER 16,2014 93 D-6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date BID NO:2014-229-JR CITYOF MIAMI BEACH '1I NAI BEACH DUE DATE: OCTOBER 16,2014 94 D-7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: T:S (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:2014-229-JR CITYOF MIAMI BEACH MI EMI BE CH DUE DATE: OCTOBER 16,2014 95 APPENDIX E Sample Contract MIAMI BEA H BID NO:2014-229-JR CITYOF MIAMI BEACH MI AM BEACH DUE DATE: OCTOBER 16,2014 96 SAMPLE CONTRACT: NOTE: This Sample Contract is for informational purposes only. The contents of the contract may change based on the best interests of the City. CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and , hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within ninety (90) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. BID NO:2014-229-JR CITYOF MIAMI BEACH X11; 1 BEACH DUE DATE: OCTOBER 16,2014 97 • 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 five hundread dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of five hundread dollars ($500.00) 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 [X] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. BID NO:2014-229-JR CITYOF MIAMI BEACH I\A!A IAA 1 BEACH DUE DATE: OCTOBER 16,2014 98 [] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents, progress construction pictures, 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 Fifty percent (50%) 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. BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI ll AMl BEACH DUE DATE:OCTOBER 16,2014 99 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict 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 BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 100 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices 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: Procurement Department BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 16,2014 101 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: 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. BID NO:2014-229-JR CITYOF MIAMI BEACH `\;__ t,A1 BEACH DUE DATE:OCTOBER 16,2014 102 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO:2014-229-JR CITYOF MIAMI BEACH MI AAA!BEACH DUE DATE:OCTOBER 16,2014 103 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Clerk Mayor BID NO:2014-229-JR CITYOF MIAMI BEACH MIAM BEACH DUE DATE:OCTOBER 16,2014 104 SECTION 01025 - MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 THE REQUIREMENT A. Payment for various items of the Bid Schedule,as further specified herein,shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor operations and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction,including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor(OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenance items of work. B. Payment for the various items of the Bid Schedule shall constitute full compensation for all professional and construction services to be provided by the CONTRACTOR at the job site full-time during construction,for furnishing and installing all pipe and structures complete in place including but not limited to bends, tees, outlets, fittings, blind flanges and specials, including connections to existing pipelines shown on the Drawings;including surveying both horizontal and vertical control for construction of the roadways, structures, pipeline and appurtenances; including all earthwork, trench excavation as shown on the Drawings, removal and disposal of waste, unsuitable and excess material, furnishing and installing pipe bedding material, all backfill and compaction of native material, and dewatering as required; including potholing to verify locations of existing utilities; the restoration of interfering portions of existing service and utility lines that are not included in other bid items and shown on the Drawings, including replacement of sewer lines with ductile iron pipe where the minimum vertical clearances are not met for the sewer line shown; restraint of pipe shown on the Drawings and grouting of pipe joints; including providing the water for pressure testing, cleaning the pipe and disinfection, and disposal of the water as required when completed; furnishing, installation, and removal of test heads, cleanup; and restoration of all improvements incidental to construction for which there are no other bid items; including but not limited to, sprinkler systems, drainage systems, guardrails, landscaping,fences, curbs and gutters, and all other work not included in other bid items. C. No separate payment for WORK OR MATERIALS will be made unless specifically shown on the plans or directed by the PROJECT MANAGER and/or CONSULTANT. All bid items include, but are not limited to the following tasks: • Mobilization/Demobilization • Maintenance of Traffic • Furnishing and Installation of all Proposed Water Distribution System Components • Furnishing and Installation of all Proposed Sanitary Sewer System Components D. The CONTRACTOR's attention is called to the fact that the quotations provided for the various bid items on the Bid Schedule are intended to establish a GRAND TOTAL BASE 01025-Measurement and Payment 79 St Beachwalk 01025-1 BID AMOUNT for completing the WORK in its entirety. Should the CONTRACTOR feel that the cost for any item of WORK has not been established by the Schedule of Payment Items in this Section, it shall include the cost for that Work in some other applicable bid item,so that its proposal for the project does reflect its total price for completing the WORK in its entirety. 1.02 CONSIDERATION FOR INDEMNIFICATION (CITY) A. Measurement for payment for consideration for indemnification of the CITY will based upon the lump sum price named for such work, all in accordance with the requirements of the Contract Documents. B. Payment will be twenty-five dollars for consideration for indemnification named in the Bid Schedule and shall constitute full compensation for indemnifying the CITY,as specified on the Contract Documents. 1.03 PERMIT FEES BASE BID SCHEDULE Measurement for payment for permit fees will be based upon the actual permit fees required by the CONTRACTOR from the various agencies having jurisdiction for construction of the project,all in accordance with the Contract Documents.The allowance permit fee amount shown on the Bid Schedule is an estimate of permit fees required for the project and is cost pass through item. These permit fees are based on unit price per item and CITY will reconcile the actual cost with the CONTRACTOR by change order. The CONTRACTOR shall produce documentation upon request verifying actual cost. Only permit fees substantiated and approved by the CONSULTANT and PROJECT MANAGER will be paid as part of this bid item. Amounts remaining unused in this allowance shall be credited back to CITY at project completion. 1.04 SCHEDULE OF PAYMENT VALUES A. The CONTRACTOR shall submit a Schedule of Payment Values. The schedule shall contain the installed value of the component parts of Work for the purpose of making progress payments during the construction period. B. The schedule shall be given in sufficient detail for proper identification of Work accomplished. The Schedule of Payment Values shall directly correlate to each activity outlined in the construction progress schedule and the construction network analysis (specified in the Section 01300 "Submittals")to accurately relate construction progress to the requested payment. Each item shall include its proportional share of all costs including the CONTRACTOR's overhead,contingencies and profit. The sum of all scheduled items shall equal the total value of the Contract. C. If the CONTRACTOR anticipates the need for payment for materials stored on the project site or off-site in bonded warehouse, it shall also submit a separate list covering the cost of materials, delivered and unloaded with taxes paid. This list shall also include the installed value of the item with coded reference to the Work items in the Schedule of Payment Values. Similar procedures shall be employed for undelivered specifically manufactured equipment and materials as specified herein. Payment for stored materials shall comply with requirements of the General Conditions. 01025-Measurement and Payment 79 St Beachwalk 01025-2 D. The CONTRACTOR's Professional Land Surveyor will measure all "record"quantities for payment. In the event of disputes as to quantity, the CONSULTANT shall make the final determination; no additional compensation will be made for surveying services. This work shall be supervised by a Florida Licensed Registered Professional Land Surveyor. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) - END OF SECTION - 01025-Measurement and Payment 79 St Beachwalk 01025-3 SECTION 01300 -SUBMITTALS PART 1 - GENERAL 1.01 GENERAL A. Inquiries: Direct to ENGINEER regarding procedure, purpose, or extent of submittals. B. Timeliness:Schedule and make submissions in accordance with the Schedule of Submittal Submissions and the requirements of individual Specification sections,sequenced such as to cause no delay in Work or in work of other contractors. C. Identification of Submittals: 1. Complete,sign,and transmit with each Submittal package,one Transmittal of CONTRACTOR's Submittal Form attached at end of this Section. 2. Identify each Submittal with the Following Numbering and Tracking System: a. Sequentially number each Submittal. b. Resubmission of a Submittal will have original number with sequential alphabetic suffix. 3. Format: Orderly, indexed with labeled tab dividers. 4. Show date of submission. 5. Show Project title and OWNER's contract identification and contract number. 6. Show names of CONTRACTOR,Subcontractor or Supplier,and manufacturer as appropriate. 7. Identify, as applicable, Contract Document section and paragraph to which Submittal applies. 8. Identify Submittal type; submit only one type in each Submittal package. 9. Identify and indicate each deviation or variation from Contract Documents. D. Resubmissions: Clearly identify each correction or change made. E. Incomplete Submittal Submissions: 1. ENGINEER will return entire Submittal for CONTRACTOR's revision/correction and resubmission. 01300-Submittals 01300-1 • 2. Submittals which do not clearly bear CONTRACTOR's specific written indication of CONTRACTOR review and approval of Submittal or which are transmitted with an unsigned or uncertified submission form or as may otherwise be required will be returned to CONTRACTOR un-reviewed. F. Non-specified Submissions: Submissions not required under these Contract Documents and not shown on submissions will not be reviewed and will be returned to CONTRACTOR. G. ENGINEER's Review: ENGINEER will act upon CONTRACTOR's Submittal and transmit response to CONTRACTOR not later than 30 days after receipt, unless otherwise specified. Re-submittals will be subject to same review time. H. Schedule Delays: 1. No adjustment of Contract Times or Price will be allowed due to ENGINEER's review of Submittals, unless all of the following criteria are met: a. CONTRACTOR has notified ENGINEER in writing that timely review of Submittal in question is critical to progress of Work, and has received ENGINEER's written acceptance to reflect such on current accepted submissions and progress schedule.Written agreement by ENGINEER to reduce Submittal review time will be made only for unusual and CONTRACTOR-justified reasons. Acceptance of a progress schedule containing Submittal review times less than specified or less than agreed to in writing by ENGINEER will not constitute ENGINEER's acceptance of review times. b. ENGINEER has failed to review and return first submission of a Submittal within agreed time indicated on current accepted schedule of submissions or, if no time is indicated thereon, within 30 days after receipt. c. CONTRACTOR demonstrates that delay in progress of Work is directly attributable to ENGINEER's failure to return Submittal within time indicated and accepted by ENGINEER. 2. No adjustment of Contract Times or Price will be allowed due to delays in progress of Work caused by rejection and subsequent resubmission of Submittals, including multiple resubmissions. 1.02 SHOP DRAWINGS AND SAMPLES A. Copies: 1. Shop Drawings and Product Data: Six. 2. Samples:Two, unless otherwise specified in individual Specification sections. 01300-Submittals 01300-2 B. General: Submit to ENGINEER as required by individual Specification sections. C. Identify and Indicate: 1. Pertinent Drawing sheet(s) and detail number(s), products, units and assemblies, and system or equipment identification or tag numbers. 2. Critical field dimensions and relationships to other critical features of Work. 3. Samples: Source, location, date taken, and by whom. 4. Each deviation or variation from Contract Documents. D. Design Data: When specified, provide Project-specific information as required and as necessary to clearly show calculations,dimensions,logic and assumptions,and referenced standards and codes upon which design is based. E. Preparation: 1. Format: Whenever possible, schedule for and combine Shop Drawings and Samples required for submission in each Specification section or division into a single Submittal package. Also combine product data for like items into a single Submittal package. 2. Present in a clear and thorough manner and of sufficient detail to show kind, size, arrangement, and function of components, materials, and devices and compliance with Contract Documents. Identify details by reference to sheet and detail, and schedule or room numbers shown on Drawings. 3. Reproducible Copy: a. Preferred Minimum Sheet Size:8-1/2 by 11-inch and 11 by 17-inch pages, suitable for photocopying. b. Larger than 11-by 17-Inch Sheets: 22 inch by 34 inch preferred, suitable for copying or scanning in a print machine. 4. Piping Systems: Drawn to scale. 5. Product Data: Clearly mark each copy to identify pertinent products or models and show performance characteristics and capacities, dimensions and clearances required, wiring or piping diagrams and controls, and external connections, anchorage, and supports required. 6. Equipment and Component Titles: Identical to title shown on Drawings. 7. Manufacturer's standard schematic drawings and diagrams as follows: 01300-Submittals 01300-3 a. Modify to delete information that is not applicable to Work. b. Supplement standard information to provide information specifically applicable to Work. G. Shop Drawing Disposition: ENGINEER will review, mark, and stamp as appropriate and distribute marked-up copies as noted: 1. Approved as Submitted (for Incorporation in Work): a. One copy furnished Resident Project Representative. b. One copy retained in ENGINEER's file. c. Remaining copies returned to CONTRACTOR appropriately annotated. d. CONTRACTOR may begin to implement activities to incorporate specific product(s)or Work covered by Submittal. 2. Approved as Noted (for Incorporation in Work): a. One copy furnished Resident Project Representative. b. One copy retained in ENGINEER's file. c. Remaining copies returned to CONTRACTOR appropriately annotated. d. CONTRACTOR may begin to implement activities to incorporate specific product(s) or Work covered by Submittal. 3. Disapproved: a. One copy furnished Resident Project Representative. b. One copy retained in ENGINEER's file. c. Remaining copies returned to CONTRACTOR appropriately annotated. d. CONTRACTOR shall make corrections or develop replacement and resubmit (in same manner and quantity as specified for original submission). e. Submittal is not approved. 4. Incomplete: a. One copy furnished Resident Project Representative. b. One copy retained in ENGINEER's file. 01300-Submittals 01300-4 c. Remaining copies returned to CONTRACTOR appropriately annotated. d. CONTRACTOR shall complete and resubmit or submit missing portions. e. Submittal is not approved. H. Sample Disposition: Same as Shop Drawing disposition; samples will not be returned. 1.03 ADMINISTRATIVE SUBMITTALS A. Copies: Submit five. B. Description: Submittals that are not Shop Drawings or Samples, or that do not reflect quality of product or method of construction. May include, but not limited to those Submittals identified below. C. Applications for Payment(and Cash Allowance Data and Values): Meet requirements of Section 01025, Measurement and Payment. D. Construction Photography: In accordance with Section 01380, Coordination, and as may otherwise be required in the Contract Documents. E. Progress Reports and Quantity Charts: As may be required in Section 01310, Progress Schedules. F. Schedules: 1. Progress Schedule(s): Meet the requirements of Section 01310, Progress Schedules. 2. Schedule of Values: Meet requirements of Section 01025, Measurement and Payment. 3. Schedule of Submittal Submissions: a. Prepare and submit, preliminary list of submissions grouped by Contract Document article/paragraph number or Specification section number, with identification, numbering and tracking system as specified under Paragraph Identification of Submittals and as approved by ENGINEER. b. Include Only the Following Required Submissions: 1) Shop Drawings and Samples. 2)Test procedures. 3) Record documents. 4) Specifically required certificates, warranties, and service agreements. G. Submittals Required by Laws, Regulations, and Governing Agencies: 01300-Submittals 01300-5 1. Submit promptly notifications, reports, certifications, payrolls, and otherwise as may be required, directly to the applicable federal, state, or local goveming agency or their representative. 2. Transmit to ENGINEER for OWNER's records one copy of correspondence and transmittals (to include enclosures and attachments) between CONTRACTOR and governing agency. H. Disposition: ENGINEER will review, starrip, and indicate requirements for resubmission or acceptance on Submittal as follows: 1. Accepted: a. Acceptance will indicate that Submittal conforms to intent of Contract Documents as to form and substance. b. CONTRACTOR may proceed to perform Submittal related Work. c. One copy furnished OWNER. d. One copy furnished Resident Project Representative. e. One copy retained in ENGINEER's file. f. Remaining copies returned to CONTRACTOR appropriately annotated. 2. Rejected as Noted: a. one copy retained in ENGINEER's file. b. Remaining copies returned to CONTRACTOR appropriately annotated. c. CONTRACTOR shall revise/correct or develop replacement and resubmit. 1.04 QUALITY CONTROL SUBMITTALS A. Certificates: 1. Certificates of Successful Testing or Inspection: Submit when testing or inspection is required by Laws and Regulations or governing agency or specified in the individual Specification sections. B. Statements of Qualification: Evidence of qualification, certification, or registration. As required in these Contract• Documents to verify qualifications of professional land surveyors, engineers, materials testing laboratories, specialty Subcontractors, trades, specialists, consultants, installers, and other professionals. C. Field Samples: Provide as required by individual Specifications and as may be required by ENGINEER during progress of Work. D. Written Test Reports of Each Test and Inspection; As a minimum, include the following: 1. Date of test and date issued, Project title and number, testing laboratory name, address, and telephone number, and name and signature of laboratory inspector. 01300-Submittals 01300-6 2. Date and time of sampling or inspection and record of temperature and weather conditions. 3. Identification of roduct and Specification section, location of Sample, test P P or inspection in the Project, type of inspection or test with referenced standard or code, certified results of test. 4. Compliance with Contract Documents, and identifying corrective action necessary to bring materials and equipment into compliance. 5. Provide an interpretation of test results, when requested by ENGINEER. E. Disposition: ENGINEER will review, stamp, and indicate requirements for resubmission or acceptance on Submittal as follows: 1. Accepted: a. Acceptance will indicate that Submittal conforms to intent of Contract Documents as to form and substance. b. CONTRACTOR may proceed to perform Submittal related Work. c. One copy furnished Resident Project Representative. d. One copy retained in ENGINEER's file. e. Remaining copies returned to CONTRACTOR appropriately annotated. 2. Rejected as Noted: a. One copy retained in ENGINEER's file. b. Remaining copies returned to CONTRACTOR appropriately annotated. c. CONTRACTOR shall revise/correct or develop replacement and resubmit. 1.05 CONTRACT CLOSEOUT SUBMITTALS A. General: in accordance with Section 01700, Contract Closeout. B. Disposition: ENGINEER will review, stamp, and indicate requirements for resubmission or acceptance on Submittal as follows: 1. Accepted: a. Acceptance will indicate that Submittal conforms to intent of Contract Documents as to form and substance. b. CONTRACTOR may proceed to perform Submittal related Work. c. One copy furnished OWNER. d. One copy furnished Resident Project Representative. e. One copy retained in ENGINEER's file. f. Remaining copies returned to CONTRACTOR appropriately annotated. 2. Rejected as Noted: a. One copy retained in ENGINEER's file. b. Remaining copies returned to CONTRACTOR appropriately annotated. c. CONTRACTOR shall revise/correct or develop replacement and resubmit. 01300-Submittals 01300-7 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) - END OF SECTION - 01300-Submittals 01300-8 SECTION 01310— PROGRESS SCHEDULES PART 1 - GENERAL 1.01 SUBMITTALS A. Preliminary Progress Schedule: Submit at least 7 days prior to preconstruction conference. B. Detailed Progress Schedule: 1. Submit initial Detailed Progress Schedule within 60 days after Effective Date of the Agreement. 2. Submit an Updated Progress Schedule at each update, in accordance with Article Detailed Progress Schedule. C. Submit with Each Progress Schedule Submission: 1. CONTRACTOR's certification that progress schedule submission is the actual schedule being utilized for execution of the Work. • 2. Disk file compatible with Primavera Systems, Inc., P3 Software, unless otherwise approved by ENGINEER. 3. Progress Schedule: Three legible copies. 4. Narrative Progress Report: Same number of copies as specified for Progress Schedule. 5. Progress Quantity Chart(s). D. Prior to final payment, submit a final Updated Progress Schedule. 1.02 PRELIMINARY PROGRESS SCHEDULE A. In addition to basic requirements outlined in General Conditions,show a detailed schedule, beginning with Notice to Proceed, for minimum duration of 90 days, and a summary of balance of Project through Final Completion. B. Show Activities Including, but Not Limited to, the Following: 1. Notice to Proceed. 2. Permits. 3. Submittals, with review time. 01310-Progress Schedules 01310-1 4. Early procurement activities for long lead equipment and materials. 5. Initial site work. 6. Earthwork. 7. Specified Work sequences and construction constraints. 8. Contract Milestone and Completion Dates. 9. OWNER-furnished products delivery dates or ranges of dates. 10. Major structural, mechanical, equipment, electrical, architectural, and instrumentation and control Work. 11. System startup summary. 12. Project close-out summary. 13. Demobilization summary. C. Update Preliminary Progress Schedule monthly as part of progress payment process until Detailed Progress Schedule is accepted by OWNER and replaces Preliminary Progress Schedule. Failure to do so may cause OWNER to withhold all or part of the monthly progress payment. D. Format: In accordance with Article Progress Schedule - Bar Chart. 1.03 DETAILED PROGRESS SCHEDULE A. In addition to requirements of General Conditions, submit Detailed Progress Schedule beginning with Notice to Proceed and continuing through Final Completion. B. Show the duration and sequences of activities required for complete performance of the Work reflecting means and methods chosen by CONTRACTOR. C. When accepted by ENGINEER, Detailed Progress Schedule will replace Preliminary Progress Schedule and become Baseline Schedule. Subsequent revisions will be considered as Updated Progress Schedules. D. Format: in accordance with Article Progress Schedule - Bar Chart. E. Update monthly to reflect actual progress and occurrences to date, including weather delays. 01310-Progress Schedules 01310-2 1.04 PROGRESS SCHEDULE - BAR CHART A. General: Comprehensive bar chart schedule, generally as outlined in Associated General Contractor's of America (AGC) Publication No. 1107.1, "Construction Planning and Scheduling," latest edition. If a conflict occurs between the AGC publication and this Specification, this Specification shall govern. B. Format: 1. Unless otherwise approved, white paper, 11-inch by 17-inch sheet size. 2. Title Block: Show name of project and OWNER, date submitted, revision or update number, and name of scheduler. 3. Identify horizontally, across the top of the schedule, the time frame by year, month, and day. 4. Identify each activity with a unique number and a brief description of the Work associated with that activity. 5. Legend: Describe standard and special symbols used. C. Contents: Identify, in chronological order, those activities reasonably required to complete the Work, including as applicable, but not limited to: 1. Obtaining permits, submittals for early product procurement and long lead time items. 2. Mobilization and other preliminary activities. 3. Initial site work. 4. Specified Work sequences, constraints, and Milestones, including Substantial Completion date(s) Subcontract Work. 5. Major equipment design, fabrication, factory testing, and delivery dates. 6. Site work. 7. Concrete Work. 8. Structural steel Work. 9. Equipment Work; 10. Mechanical Work. 11. Electrical Work. 12. Instrumentation and control Work. 13. Interfaces with OWNER-furnished equipment. 14. Other important Work for each major facility. 15. Equipment and system startup and test activities. 16. Project closeout and cleanup. 17. Demobilization. 1.05 PROGRESS OF THE WORK A. Updated Progress Schedule shall reflect: 01310-Progress Schedules 01310-3 1. Progress of Work to within 5 working days prior to submission. 2. Approved changes in Work scope and activities modified since submission. 3. Delays in Submittals or re-submittals, deliveries, or Work. 4. Adjusted or modified sequences of Work. 5. Other identifiable changes. 6. Revised projections of progress and completion. 7. Report of changed logic. B. Produce detailed sub-schedules during Project, upon request of OWNER or ENGINEER, to further define critical portions of the Work such as facility shutdowns, etc. C. If CONTRACTOR fails to complete activity by its latest scheduled completion date and this failure is anticipated to extend Contract Times (or Milestones), CONTRACTOR shall, within 7 days of such failure, submit a written statement as to how CONTRACTOR intends to correct nonperformance and return to acceptable current progress schedule. Actions by CONTRACTOR to complete Work within Contract Times (or Milestones)will not be justification for adjustment to Contract Price or Contract Times. D. OWNER may order CONTRACTOR to increase plant, equipment, labor force, or working hours if CONTRACTOR fails to: 1. Complete a Milestone activity by its completion date. 2. Satisfactorily execute Work as necessary to prevent delay to overall completion of Project, at no additional cost to OWNER. 1.06 NARRATIVE PROGRESS REPORT A. Format: 1. Organize same as Progress Schedule. 2. Identify, on a cover letter, reporting period, date submitted, and name of author of report. B. Contents: 1. Number of days worked over the period, work force on hand, construction equipment on hand (including utility vehicles such as pickup trucks, maintenance vehicles, stake trucks, etc.). 2. General progress of Work, including a listing of activities started and completed over the reporting period, mobilization/demobilization of subcontractors, and major milestones achieved. 3. CONTRACTOR's plan for management of site (e.g., lay down and staging areas, construction traffic, etc.), utilization of construction equipment, buildup of trade labor, and identification of potential Contract changes. 4. Identification of new activities and sequences as a result of executed Contract changes. 5. Documentation of weather conditions over the reporting period, and any resulting impacts to the work. 6. Description of actual or potential delays, including related causes, and the steps taken or anticipated to mitigate their impact. 01310-Progress Schedules 01310-4 7. Changes to activity logic. 8. Changes to the critical path. 9. Identification of and accompanying reason for, any activities added or deleted since the last report. 10. Steps taken to recover the schedule from CONTRACTOR-caused delays. 1.07 SCHEDULE ACCEPTANCE A. ENGINEER's acceptance will demonstrate agreement that the proposed schedule conforms with requirements of Contract including, but not limited to, the following: 1. Contract Times, including Final Completion and all intermediate Milestones are within the specified times. 2. Specified Work sequences and constraints are shown as specified. 3. Complete Scope of Work is included. 4. Specified OWNER-furnished equipment or material arrival dates, or range of dates, are included. 5. Access restrictions are accurately reflected. 6. Start-up and testing times are as specified. 7. Training time is as specified. 8. Level of detail is as specified herein. 9. Submittal submission and review times are as specified. 10. Duration of Activities are reasonable. 11. Sequencing is reasonable and does not include preferential logic contrary to the contingency/float sharing clauses of this Specification. 12. Meets all administrative requirements of Contract Documents. 13. Updated schedules reflect actual dates and duration of Work performed. B. Preliminary Progress Schedule Review Disposition: 1. Accepted. 2. Rejected as Noted: a. Make requested corrections; resubmit within 10 days. b. Until acceptable to ENGINEER as the Baseline Progress Schedule, continue the review and revision process, during which time CONTRACTOR shall update the schedule on a monthly basis to reflect actual progress and occurrences to date. C. Detailed Progress Schedule: 1. Accepted. 2. Rejected as Noted: a. Make requested corrections; resubmit within 10 days. b. Until acceptable to ENGINEER as the Baseline Progress Schedule, continue the review and revision process. D. Narrative Report: All changes to activity duration and sequences, including the addition or deletion of activities subsequent to ENGINEER's acceptance of the Baseline Progress Schedule, shall be delineated in the Narrative Report current with the proposed Updated Progress Schedule. 01310-Progress Schedules 01310-5 1.08 ADJUSTMENT OF CONTRACT TIMES A. Reference General Conditions. B. Evaluation and reconciliation of Adjustments of Contract Times shall be based on the Updated Progress Schedule at the time of proposed adjustment or claimed delay. C. Claims Based on Contract Times: 1. Where ENGINEER has not yet rendered formal decision on CONTRACTOR's claim for adjustment of Contract Times, and parties are unable to agree as to amount of adjustment to be reflected in progress schedule, CONTRACTOR shall reflect an interim adjustment in the progress schedule as acceptable to ENGINEER. 2. It is understood and agreed that such interim acceptance will not be binding on either CONTRACTOR or OWNER, and will be made only for the purpose of continuing to schedule Work until such time as formal decision has been rendered as to an adjustment, if any, of the Contract Times. 3. CONTRACTOR shall revise progress schedule prepared thereafter in accordance with ENGINEER's formal decision. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) - END OF SECTION - 01310-Progress Schedules 01310-6 SECTION 01380 - CONSTRUCTION PHOTOGRAPHY PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall employ a competent photographer to take construction record photographs periodically, monthly at a minimum, during the course of the work. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Summary of Work. B. Project Record Documents. 1.03 PHOTOGRAPHY REQUIRED A. Provide photographs taken on cutoff date for each scheduled application for Payment. B. Provide photographs taken at each major stage of construction. C. Provide photographs taken of change order work. D. Provide five prints of each view. E. Negatives: 1. Remain property of photographer. 2. Require that photographer maintain negatives for a period of two years from Date of Substantial Completion of entire Project. 3. Photographer shall agree to furnish additional prints to CITY and the CONSULTANT at commercial rates applicable at time of purchase. 1.04 COSTS OF PHOTOGRAPHY A. CONTRACTOR shall pay costs for specified photography and prints the cost of which shall be included in the bid items of the Schedule of Price Bid. No separate payment will be made to the CONTRACTOR for construction photography. Parties requiring additional photography or prints will pay photographer directly. PART 2— PRODUCTS 2.01 PRINTS A. Color: 1. Paper: Single weight, color print paper. 01380-Construction Photography 01380-1 2. Finish: Smooth surface, glossy. 3. Size: 8-inch x 10-inch. B. Identify each print on back, listing: 1. Name of Project. 2. Specific Location. 3. Date and time of exposure. 4. Name and address of photographer. 5. Photographer's numbered identification of exposure. PART 3 - EXECUTION 3.01 TECHNIQUE A. Factual presentation. B. Correct exposure and focus. 1. High resolution and sharpness. 2. Maximum depth-of-field. 3. Minimum distortion. 3.02 VIEWS REQUIRED A. Photograph from locations that adequately illustrate condition of construction and state of progress. B. Photographs shall include aerial photograph showing the entire construction area. 3.03 DELIVERY OF PRINTS A. Delivery of prints to the CONSULTANT to accompany each Application for Payment. B. Distribution of prints, as soon as processed, is anticipated to be as follows: 1. CITY(one set). 2. PROJECT MANAGER (two sets). 3. CONTRACTOR (one set). 4. CONSULTANT (one set). 01380-Construction Photography 01380-2 3.04 MEASUREMENT AND PAYMENT A. There shall be no special measurement or payment for the work under this section; it shall be included in the lump sum price bid for Item 1 - Mobilization. - END OF SECTION - 01380-Construction Photography 01380-3 SECTION 01700 - CONTRACT CLOSEOUT PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. All applicable sections of the Specifications. B. General Conditions 1.03 SUBSTANTIAL COMPLETION A. When CONTRACTOR considers the work is substantially complete, it shall submit to the CONSULTANT: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice,the PROJECT MANAGER,CITY and CONSULTANT will make an inspection to determine the status of completion. C. Should PROJECT MANAGER, CITY and CONSULTANT determine that the work is not substantially complete: 1. PROJECT MANAGER, CITY and CONSULTANT will promptly notify the CONTRACTOR in writing, giving the reasons therefore. 2. CONTRACTOR shall remedy the deficiencies in the work,and send a second written notice of substantial completion to the CONSULTANT. 3. PROJECT MANAGER, CITY and CONSULTANT will re-inspect the work. D. When PROJECT MANAGER, CITY and CONSULTANT concur that the work is substantially complete, CONSULTANT will: 1. Prepare a"Certificate of Substantial Completion"for execution by the CONSULTANT and the CITY accompanied by list of items to be completed or corrected. 2. Submit the Certificate to the CONTRACTOR for its written acceptance of the responsibilities assigned therein. 01700-Contract Closeout 01700-1 1.04 FINAL INSPECTION A. When CONTRACTOR considers the work is complete, it shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the CITY Representative and are operational. 5. Work is completed and ready for final inspection. B. PROJECT MANAGER, CITY and CONSULTANT will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should PROJECT MANAGER, CITY and CONSULTANT consider that the work is incomplete and defective: 1. CITY Representative will promptly notify the CONTRACTOR, in writing, listing the incomplete or defective work. 2. CONTRACTOR shall take immediate steps to remedy the stated deficiencies, and send a second written certification to CITY Representative that the work is complete. 3. CITY Representative and CONSULTANT will reinspect the work. D. When the PROJECT MANAGER,CITY and CONSULTANT find that the work is acceptable under the Contract Documents, it shall request the CONTRACTOR to make closeout submittals. 1.05 REINSPECTION FEES A. Should CITY Representative perform reinspections due to failure of the work to comply with the claims of status of completion made by the CONTRACTOR: 1. CITY will compensate CITY Representative and CONSULTANT for such additional services. 2. CITY will deduct the amount of such compensation from the final payment to the CONTRACTOR. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO CITY'S REPRESENTATIVE A. Evidence of compliance with requirements of governing authorities. 1. Certificates of Inspection. 01700-Contract Closeout 01700-2 (a) Electrical (b) Sanitary Sewer (c) Storm water (d) Water (c) Other, as may be required. B. Project Record Documents: To requirements of the Section entitled "Project Record Documents" C. Operating and Maintenance Data, Instructions to CITY's Personnel: To requirements of the Section entitled,"Operating and Maintenance Data." D. Guarantees and Bonds: To requirements of the section entitled,"Guarantees and Bonds." E. Evidence of Payment and Release of Liens: To requirements of General and Supplementary General Conditions. F. Certificate of Insurance for Products and Completed Operations. 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the CONSULTANT. B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum. 2. Additions and deductions resulting from: (a) Previous Change Orders. (b) Allowances. (c) Unit Prices. (d) Deductions for uncorrected work. (e) Penalties and Bonuses. (f) Deductions for liquidated damages. (g) Deductions for reinspection payments. (h) Other adjustments. 3. Total Contract Sum, as required. 01700-Contract Closeout 01700-3 4. Previous payments. 5. Sum remaining due. C. CONSULTANT will prepare a final Change Order, reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders, to be executed by the PROJECT MANAGER, CITY and CONSULTANT. 1.08 FINAL APPLICATION FOR PAYMENT A. CONTRACTOR shall submit the final Application for Payment in accordance with procedures and requirements stated in the General Conditions. B. The CONSULTANT will prepare a "Final Certificate of Payment" to be executed by the PROJECT MANAGER, CITY and CONSULTANT. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) - END OF SECTION - 01700-Contract Closeout 01700-4 OSECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C136 (1996; Rev. A) Sieve Analysis of Fine and Coarse Aggregates ASTM D698 (1991; R 1998) Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft (600 kN-m/m) ) ASTM D1140 (1997) Amount of Material in Soils Finer Than the No. 200 (75-Micrometer) Sieve ASTM D1556 (1990; R 1996) Density and Unit Weight of Soil in Place by the Sand-Cone Method (11) ASTM D1557 (1991; R 1998) Laboratory Compaction ( ) Y P Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft (2,700 kN-m/m) ) ASTM D2321 (1989; R 1995) Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications ASTM D2487 (1998) Classification of Soils for Engineering Purposes (Unified Soil Classification System) • ASTM D2922 (1996) Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) ASTM D3017 (1996) Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) ASTM D4318 (1998) Liquid Limit, Plastic Limit, and Plasticity Index of Soils AMERICAN WATER WORKS ASSOCIATION (AWWA) AWWA C600 (1999) Installation of Ductile-Iron Water ,-� Mains and Their Appurtenances __ _ Section 02315 Page 1 o1.2 DEFINITIONS 1.2.1 Hard Materials Weathered rock, dense consolidated deposits, or conglomerate materials, which are not included in the definition of "rock", but which usually require the use of heavy excavation equipment, ripper teeth, or jackhammers for removal. 1.3 SUBMITTALS Submit the following in accordance with Section entitled, "Submittal Procedures, " in the General Conditions of the Contract. Test Reports Borrow site testing; • Fill and backfill test; Beach computable material test. Product Data Beach Compatible sand Submit source(s) of beach compatible sand. Shellrock Submit source of shellrock for dune access areas. Qualifications Submit qualifications of independent commercial testing laboratory. 1.4 DELIVERY, STORAGE, AND HANDLING Perform in a manner to prevent contamination or segregation of materials. 1.5 CRITERIA FOR BIDDING Base bids on the following criteria: a. Surface elevations are as indicated. b. Pipes or other artificial obstructions, except those indicated, will not be encountered. c. Elevation (11) d. Hard materials and rock will not be encountered. Section 02315 Page 2 e. Blasting will not be permitted. Remove material in an approved U- manner. 1.6 REQUIREMENTS FOR OFF SITE SOIL Soils brought in from off site for use as backfill shall be beach compatible sand fill, as denoted in the DEP permit for construction, free of debris and roots and other organic matter. Pieces of concrete and masonry may not be used in fill. PART 2 PRODUCTS 2.1 BORROW Beach compatible, sand fill, as denoted in the DEP permit for construction, free of debris and roots and other organic matter. Pieces of concrete and masonry may not be used in fill. 2.2 SHELLROCK Shellrock to be in accordance with FDOT Specifications, Section 913 . PART 3 EXECUTION 3.1 SURFACE PREPARATION (12) 3 .1.1 Clearing and Grubbing • As per section 02231 "CLEARING AND GRUBBING." 3 .1.2 Unsuitable Material Remove vegetation, debris, decayed vegetable matter, sod, mulch, and rubbish underneath paved areas or concrete slabs. 3 .2 PROTECTION 3.2.1 Drainage So that construction operations progress successfully, completely drain construction site during periods of construction to keep soil materials sufficiently dry. The Contractor shall establish/construct storm drainage features (ponds/basins) at the earliest stages of site development, and throughout construction grade the construction area to provide positive surface water runoff away from the construction activity and/or provide temporary ditches, swales, and other drainage features and equipment as required to maintain dry soils. When unsuitable working platforms for equipment operation and unsuitable soil support for subsequent construction features develop, remove unsuitable material and provide new soil material as specified herein. It is the responsibility of the Contractor to assess the soil and ground water conditions presented by the plans and specifications and to employ necessary measures to permit construction to proceed. ___ Section 02315 Page 3 (II) 3.2.2 Underground Utilities Location of the existing utilities indicated is approximate. The Contractor shall physically verify the location and elevation of the existing utilities indicated prior to starting construction. The Contractor shall contact the Owner for assistance in locating existing utilities. 3.2.3 Machinery and Equipment Movement of construction machinery and equipment over pipes during construction shall be at the Contractor's risk. Repair, or remove and provide new pipe for existing or newly installed pipe that has been displaced or damaged. 3.2.4 Dunes Protect dunes and vegetation that will not be enhanced as part of the project. Contractor shall not impact dunes beyond the limits of construction as authorized by the DEP permits. 3.3 EXCAVATION Excavate to contours, elevation, and dimensions indicated in plans. Reuse excavated materials that meet the specified requirements for the material type required at the intended location. Keep excavations free from water. (11) Excavate soil disturbed or weakened by Contractor's operations, soils softened or made unsuitable for subsequent construction due to exposure to weather. Refill with select material and compact to 95 percent of maximum density. Unless specified otherwise, refill excavations cut below indicated depth with select material and compact to 95 percent of maximum density. 3.4 FILLING AND BACKFILLING Fill and backfill to contours, elevations, and dimensions indicated. Compact each lift before placing overlaying lift. 3.4.1 Select Material Placement Place in 6-inch lifts. . Backfill adjacent to structures shall be placed as structural elements are completed and accepted. Backfill against concrete only PP when approved. Place and compact material to avoid loading upon or against structure. 3.4.2. Dune Fill Place dune compatible sand in 6-inch lifts to the grades and slopes indicated in the plans. Adjacent dunes and vegetation shall not be impacted. 3.4.3. Shellrock Shellrock to be placed in accordance with FDOT Specifications, Section 913. Section 02315 Page 4 (11) 3.5 COMPACTION Expressed as a percentage of maximum density. Determine in-place density of existing subgrade; if required density exists, no compaction of existing subgrade will be required. 3.5.1 General Site Compact underneath areas designated for vegetation and areas outside the 5- foot line of the structure to 85 percent of ASTM D698. 3.5.2 Structures, Spread Footings, and Concrete Slabs Compact top 12 inches of subgrades to 95 percent of ASTM D698. Compact fill and backfill material select material to 95 percent of ASTM D698. 3.5.3 Adjacent Area Compact areas within 5 feet of structures to 90 percent of ASTM D698. 3.5.4 Paved Areas Compact top 12 inches of subgrades to 95 percent of ASTM D698. Compact fill and backfill materials to 95 percent of ASTM D698. ' 3.6 FINISH OPERATIONS O3.6.1 Grading Finish grades as indicated within one-tenth of one foot. Grade areas to drain water away from structures. For existing grades that will remain but which were disturbed by Contractor's operations, grade as directed. 3.6.2 Protection of Surfaces Protect newly graded areas from traffic, erosion, and settlements that may occur. Repair or reestablish damaged grades, elevations, or slopes. 3.7 DISPOSITION OF SURPLUS MATERIAL Remove from project site by disposal at an approved site, surplus or other soil material not required or suitable for filling or backfilling, and brush, refuse, stumps, roots, and timber. 3.8 FIELD QUALITY CONTROL Contractor shall retain an independent commercial testing laboratory to perform required material testing. 3.8.1 Sampling !T, Take the number and size of samples required to perform the following tests. Section 02315 Page 5 0 3.8 .2 Testing Perform one of each of the following tests for each material used. Provide additional tests for each source change. 3.8.2.1 Fill and Backfill Material Testing • Test fill and backfill material in accordance with ASTM C136 for conformance to ASTM D2487 gradation limits; ASTM D1140 for material finer than the No. 200 sieve; ASTM D4318 for liquid limit and for plastic limit; ASTM D698 or ASTM D1557 for moisture density relations, as applicable. 3.8.2.2 Select Material Testing Test select material in accordance with ASTM C136 for conformance to ASTM D2487 gradation limits; ASTM D1140 for material finer than the No. 200 sieve; ASTM D698 or ASTM D1557 for moisture density relations, as applicable. 3.8.2.3 Density Tests Material Type Material Test Frequency Fills and backfills Structures One test per structure per (Adjacent to) 2,000 square feet taken 12 inches below finished grade. Subgrades Site One test per lift per 2,500 square feet. OEmbankments or borrow Any One test per lift per 500 cubic yards placed. Native soil subgrade other Any One test or one test per than structures and parking 10,000 square feet, whichever is greater. Test density in accordance with ASTM D1556, or ASTM D2922 and ASTM D3017. When ASTM D2922 and ASTM D3017 density tests are used, verify density test results by performing an ASTM D1556 density test at a location already ASTM D2922 and ASTM D3017 tested as specified herein. Perform an ASTM D1556 density test at the start of the job, and for every 10 ASTM D2922 and ASTM D3017 density tests thereafter. Test each lift at randomly selected locations every 2000 square feet of existing grade in fills for structures and concrete slabs, and every 2500 square feet for other fill areas and every 2000 square feet of subgrade in cut. -- End Of Section -- 0 Section02315 Page 6 (12) SECTION 02711 PORTLAND CEMENT-STABILIZED BASE COURSE PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M 147 (1965; R 1996) Materials for Aggregate and Soil-Aggregate Subbase, Base and Surface Courses AASHTO M 182 (1991; R 1996) Burlap Cloth Made from Jute or Kenaf AASHTO T 134 (1995) Moisture-Density Relations of Soil- Cement Mixtures EDAASHTO T 135 (1997) Wetting-and-Drying Test of Compacted Soil-Cement Mixtures AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 136 (1996a) Sieve Analysis of Fine and Coarse Aggregates ASTM C 150 (2004) Portland Cement ASTM C 171 (2003) Sheet Materials for Curing Concrete ASTM C 595 (2003) Blended Hydraulic Cements ASTM D 75 (1987; R 1997) Sampling Aggregates ASTM D 422 (1963; R 1998) Particle-Size Analysis of Soil ASTM D 558 (1996) Moisture-Density Relations of Soil- Cement Mixtures • ASTM D 559 (1996) Wetting and Drying Compacted Soil- Cement Mixtures (7) ASTM D 1241 (1968; R 1994e1) Materials for Soil-Aggregate Subbase, Base, and Surface Courses Section 02711 Page 1 CD ASTM D 1556 (1990; R 1996e1) Density and Unit Weight of Soil in Place by the Sand-Cone Method ASTM D 1557 (1991; R 1998) Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/cu. ft. (2,700 kN-m/cu. m.) ) ASTM D 1632 (1996) Making and Curing Soil-Cement Compression and Flexure Test Specimens in the Laboratory ASTM D 1633 (1996) Compressive Strength of Molded Soil- Cement Cylinders ASTM D 2922 (199e1) Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) ASTM D 3017 (1988; R 1996e1) Water Content of Soil and Rock In Place by Nuclear Methods (Shallow Depth) ASTM D 4318 (1998) Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM E 11 (1995) Wire-Cloth Sieves for Testing Purposes 1.2 UNIT PRICES O 1.2.1 Measurement 1.2.1.1 Portland Cement Stabilization Measurement shall be by the square yard of work completed and accepted. 1.2.1.2 Cement Measurement shall be by the number of short hundred-weight (cwt) of cement used in the completed and accepted work. No measurement shall be made for wasted cement or cement used in work determined defective. 1.2.1.3 Select Material Select material shall be measured by the cubic yard of material placed and used in the completed and accepted stabilization. No measurement will be made for select material that is wasted or used in work determined defective. Section 02711 Page 2 0 1.2 .2 Payment Cement stabilization, constructed and accepted, including cement, and select material will be paid for at the respective contract unit prices in the bidding schedule. No payment will be made for any material wasted, used for the convenience of the Contractor, unused or rejected, or for water used. Select material obtained from grading and excavation operations at the project site will not be paid for under this section but will be included for payment under other sections specifying grading and excavating. 1.3 DEFINITION Portland cement-stabilized base or subbase course, as used herein, is a mixture of portland cement and in-place, or select borrow, material uniformly blended and thoroughly compacted to produce a pavement course which meets the criteria set forth in the drawings and specifications. 1.4 WAYBILLS AND DELIVERY TICKETS Copies of waybills or delivery tickets shall be submitted during the progress of the work. Before the final payment is allowed, waybills and certified delivery tickets shall be furnished for all cement and select material used in the construction. 1.5 SUBMITTALS Submit the following in accordance with Section entitled, "Submittal Procedures, " in the General Conditions of the Contract. 0 Product Data Mix Design Proposed mix design, prior to start of stabilization work. Stabilizing Course Notification of sources from which aggregates are to be obtained, within 15 days after the award of contract. Waybills and Delivery Tickets • Copies during construction. Copies for all material used, before final payment. Test Reports Stabilizing Course Certified copies of aggregate test results, not less than 30 days before the material is required in the work. Calibration curves and related test results, prior to using the device or equipment being calibrated. U Section 02711 Page 3 UQualifications Commercial Laboratory Submit qualifications of commercial independent laboratory for materials testing. Work Methodology Submit in accordance with paragraph 1.6 Surveyor Submit qualifications of surveyor for layout of base. 1.6 PLANT, EQUIPMENT, MACHINES, AND TOOLS Plant, equipment, machines, and tools used in the work shall be subject to approval and shall be maintained in a satisfactory working condition at all times. The equipment shall have the capability of producing the required compaction, meeting grade controls, thickness control and smoothness requirements specified. A test section of at least. 8 by 100 feet, utilizing the equipment and procedures proposed for use by the Contractor, shall be placed to demonstrate that soil-cement stabilization conforming to this specification can be produced. 1.6.1 Central-Plant (2) The central plant shall be capable of producing a uniform cement-treated mixture at the required cement and moisture contents. Soil and cement shall be dry-mixed sufficiently to prevent cement balls from forming when water is added. 1.7 WEATHER LIMITATIONS Cement shall not be applied when the atmospheric temperature is less than 40 degrees F. Cement shall not be applied to soils that are frozen or contain frost, or when the underlying material is frozen. If the temperature falls below 35 degrees F, completed cement-treated areas shall be protected against detrimental effects of freezing. Any areas of completed base that are damaged by freezing, rainfall, or other weather conditions shall be brought to a satisfactory condition in conformance with this specification without additional cost to the Owner. PART 2 PRODUCTS 2.1 MATERIALS 2.1.1 Cement Cement shall conform to ASTM C 150, Type I, IA, II, or I IA or ASTM C 595, Type IS or IS (A) . U Section 02711 Page 4 (11) 2.1.2 Material to be Stabilized The material to be stabilized shall consist of in-place material or select material conforming to Section 2315 of the Technical Specifications. Representative properties of in-place materials are included in the appendix of the specifications. 2.1.3 Water Water shall be clean, fresh, and free from injurious amounts of oil, acid, salt, alkali, organic matter, and other substances deleterious to the hardening of soil-cement, and shall be subject to approval. 2.1.4 Burlap Burlap shall conform to AASHTO M 182. 2.1.5 Impervious Sheeting Sheeting shall conform to ASTM C 171 and shall be white waterproof paper, white opaque polyethylene film or white burlap-polyethylene sheets. 2.2 MIX DESIGN Mix shall be developed using the aggregate or soil-aggregate material to be stabilized. Mix shall have a minimum compressive strength of 750 psi for base, a weight loss of 14 percent or less after 12 cycles of the durability Otest, and "low alkali" cement for alkali reactive aggregate. 2.3 SAMPLING AND TESTING 2.3.1 Testing Facilities Sampling and testing shall be performed by an approved commercial testing laboratory or by facilities furnished by the Contractor. Work requiring testing will not be permitted until the facilities have been inspected and approved. Cost incurred for any subsequent inspection, required because of failure of the facilities to pass the first inspection, shall be charged to the Contractor. Tests shall be performed in sufficient numbers and as specified to ensure that materials and compaction meet specified requirements. Copies of the test results shall be furnished to the Owner within 24 hours of completion of tests. 2.3.2 Test Results Results shall verify that materials comply with the ' specification. When a material source is changed, the new material shall be tested for compliance. When deficiencies are found, the initial analysis shall be repeated and the material already placed shall be retested to determine the extent of unacceptable material. All in-place unacceptable material shall be replaced or repaired to conform to the contract requirements at no additional cost to the Owner. 0 • Section 02711 Page e 5 O2.3 .3 Aggregate Tests for determining the suitability of aggregate shall include, but not be limited to: sieve analysis in accordance with ASTM C 136, and ASTM D 422 using sieves conforming to ASTM E 11, liquid limits and plasticity index in accordance with ASTM D 4318. Aggregate samples for laboratory tests shall be taken in accordance with ASTM D 75. Specimens to be used for unconfined compression tests shall be prepared in accordance with ASTM D 1632 except that a 4 inch diameter by 8 inch high mold shall be used to prepare specimens when more than 35 percent of the material is retained on the No. 4 sieve. 2.3.4 Initial Sampling and Testing Conduct initial sampling and testing to confirm design mix properties and in-place material properties. 2.3.4.1 Laboratory Density Moisture-density tests shall be conducted in accordance with the procedure contained in AASHTO T 134 or ASTM D 558; however the apparatus and procedures outlined in ASTM D 1557 shall be used to compact the soil-cement mixture. 2.3.4.2 Unconfined Compression Testing Unconfined compression tests shall be conducted in accordance with ASTM D 1633. Three tests shall be conducted for each mix design tested. Samples El) shall be cured at a constant moisture content and temperature for 7 days. 2.3.4.3 Durability Tests Wet-dry tests shall be conducted in accordance with AASHTO T 135 or ASTM D 559. Three tests shall be conducted for each mix design tested. 2.3.5 Sieve Analysis A minimum of one analysis shall be performed for each 1000 tons of material to be stabilized, with a minimum of 3 analyses for each day's run until the course is completed. When the source of materials is changed and deficiencies are found, the analysis shall be repeated and the material already placed shall be retested to determine the extent of unacceptable material. All in-place unacceptable material shall be replaced at no additional cost to the Owner. 2.3 .6 Liquid Limit and Plasticity Index One liquid limit and plasticity index shall be performed for each sieve analysis, if needed. Liquid limit and plasticity index shall be in accordance with ASTM D 4318. 2.3 .7 Sampling and Testing During Construction Quality control sampling and testing during construction shall be performed as required in paragraph FIELD QUALITY CONTROL. Section 02711 Page 6 PART 3 EXECUTION O • 3.1 GENERAL REQUIREMENTS Construction shall be limited to areas delineated in plans and adjacent dunes shall be protected and not impacted. Cement shall not be applied if the soil moisture content exceeds optimum moisture content specified for the cement-treated mixture. After mixing is completed, the proportions of the mixture shall be in accordance with the approved mix design. When application of water and mixing are completed, on the basis of dry weight, moisture shall not be below the optimum moisture content of the mixture nor shall it be more than 2 percent above the optimum moisture content. When the stabilized course is constructed in more than 1 layer, the previously constructed layer shall be cleaned of loose and foreign matter by sweeping with power sweepers or power brooms, except that hand brooms may be used in areas where power cleaning is not practicable. Adequate drainage shall be provided during the entire construction period to prevent water from collecting or standing on the areas to be stabilized or on pulverized, mixed, or partially mixed material. Line and grade stakes shall be provided as necessary for control of layout per the plans. Grade stakes shall be placed in lines parallel to the centerline of the area under construction and suitably spaced for string lining. 3.2 OPERATION OF BORROW PITS Borrow material shall be obtained from approved off-site sources. O3.3 STOCKPILING MATERIALS Select material, including approved material available from excavation and grading shall be stockpiled in the manner and at the locations designated. Before stockpiling of material, the storage sites shall be cleared, drained, • and leveled. Materials obtained from different sources shall be stockpiled separately. 3.4 PREPARATION OF AREA TO BE STABILIZED Area to be stabilized shall be cleaned of debris, and shall be inspected for adequate compaction; and shall be capable of withstanding, without displacement, the compaction specified for the soil-cement mixture. Debris and removed unsatisfactory in-place material including organic soils and soils not meeting the quality required shall be disposed of as specified. 3.4.1 In-Place Material to be Stabilized The entire area to be stabilized shall be graded and shaped to conform to the lines, grades, and cross sections shown in the plans, prior to being processed. Soft or yielding areas shall be made stable before construction is begun. Section 02711 Page 7 • 3.4.2 In-Place Materials to Receive Stabilized Course Soft, yielding areas and ruts or other irregularities in the surface shall be corrected. Material in the affected areas shall be loosened and unsatisfactory material removed. Approved select material shall be added where directed. The area shall then be shaped to line, grade, and cross section, and shall be compacted to the specified density. 3 .4.3 Select Material Sufficient select material shall be utilized to provide the required thickness of the soil-cement layer after compaction and shall be processed to meet the requirements specified before cement stabilization is undertaken. 3 .5 INSTALLATION 3 .5.1 Edges of Stabilized Course Approved material shall be placed along the edges of the stabilized course in such quantity as will compact to the thickness of the course being constructed, or to the thickness of each layer in a multiple-layer course, allowing at least a 1 foot width of the shoulder to be rolled and compacted simultaneously with the rolling and compacting of each layer of the stabilized course. 3 .5.2 Mixed-in-Place Method (11) 3 .5.2.1 Scarifying and Pulverizing of Soil Prior to the application of cement, the soil shall be scarified and pulverized to a depth of 9 inches. Scarification shall be carefully controlled so that the layer beneath the layer to be stabilized is not disturbed. Depth of pulverizing shall not exceed the depth of scarification. Unless otherwise permitted, the area scarified and pulverized shall not exceed the area that can be completed in 2 working days. 3.5.2.2 Application of Cement Pulverized material shall be shaped approximately to the cross section indicated. Cement shall be applied so that when uniformly mixed with the soil, the specified cement content is obtained, and a sufficient quantity of cement-treated soil is produced to construct a compacted cement-treated course conforming to the lines, grades, and cross section indicated. Equipment, except that used in spreading and mixing operations, shall not pass over the freshly spread soil cement. 3.5.2.3 Dry Mixing Immediately after the cement has been distributed, it shall be mixed with the soil. The cement shall not be mixed below the required depth. Mixing shall continue until the cement has been sufficiently blended with the soil to prevent the formation of cement balls when water is applied. Section 02711 Page 8 3.5.2.4 Water Application and Moist Mixing Moisture content of the mixture shall be determined immediately after completion of mixing of the soil and cement. Water supply and pressure distributing equipment shall be provided that will permit the continuous application within 3 hours of all water required on the section being processed. Water shall be incorporated in the mix so that concentration of water near the surface does not occur. After all the mixing water has been added, mixing shall be continued until the water is uniformly distributed throughout the full depth of the mixture, with no portion of the mixture remaining undisturbed during mixing for more than 30 minutes. Any portion of the mixture remaining undisturbed more than 30 minutes during mixing shall be disposed of as specified. Satisfactory moisture distribution shall occur along the edges of the section. 3.5.3 Central-Plant Method The mixture shall be hauled to the job in trucks equipped with protective covers. Underlying course shall be thoroughly moistened and the material shall be deposited on the prepared area in a quantity that will produce a compacted base of uniform density to the required grade and cross section. Spreading or spreading-trimming equipment shall be constructed and operated to produce a layer of material, which is uniform in thickness and surface contour and free from irregularities in density. Spreading or spreading- trimming equipment shall be used in sufficient numbers and operated in staggered formation to obtain full-width spreading in 1 construction operation. Not more than 60 minutes shall elapse between the start of the moist mixing and the start of compaction of the treated layer. Not more than (1) 30 minutes shall elapse between the placement of the cement-treated soil in adjacent lanes on 2-lane structures at any location. 3.5.4 Traveling-Plant Method Traveling plant shall move at a uniform rate of speed and shall accomplish thorough mixing of the materials. Water and cement shall be delivered from supply trucks or bins at a predetermined rate. Windrows of prepared soil- cement mixture shall be of sufficient size to cover a predetermined width to the indicated compacted thickness. 3.5.5 Layer Thickness Compacted thickness of the stabilized course shall be as indicated. No layer shall be in excess of 8 inches nor less than 4 inches in compacted thickness. 3.5.6 Compaction Before compaction operations are started and as a continuation of the mixing operation, the mixture shall be thoroughly loosened to the full depth. At the beginning of compaction, at least 80 percent of the soil shall pass a No. 4 sieve, and 100 percent shall pass the 1-inch sieve. Compaction shall be started immediately after mixing is completed. Density of compacted soil- cement mixture shall be at least 95 percent of the maximum density obtained from the laboratory prepared_ samples. Loose mixture shall be, uniformly and. continuously compacted until the entire depth and width of the area are (--) compacted to the density specified. The moisture content at the surface shall be maintained near optimum at all times through the rolling, but shall Section 02711 Page 9 be less than that quantity which will cause the soil-cement mixture to � become unstable during compaction. Rolling shall begin at the outside edge \`' of the surface and proceed to the center, overlapping on successive trips at least one-half the width of the roller. Alternate trips of the roller shall be slightly different lengths. Displacement of the mixture shall not occur due to the speed of the roller. Areas inaccessible to rollers shall be compacted with mechanical tampers. 3.6 FINISHING The surface shall be moistened, if necessary, and shaped to the required lines, grades, and cross section. If necessary, the surface shall be lightly scarified to eliminate any imprints made by the compacting or shaping equipment. The surface shall then be thoroughly compacted to the specified density with rubber-tired rollers and smooth-wheel tandem rollers to the extent necessary to provide a smooth, dense, uniform surface that is free of surface checking, ridges, or loose material, and that conforms to the crown, grade, and line indicated. These finishing operations shall be completed within 2 hours after completion of mixing operations. In places not accessible to finishing and shaping equipment, the mixtures shall be compacted with mechanical tampers to the density specified and shall be shaped and finished by hand methods. Any portion of the compacted mix that has density less than that specified, that has not properly hardened, or that is improperly finished shall be corrected as specified below. 3 .7 CONSTRUCTION JOINTS At the end of each day's construction, a straight transverse construction (11) joint shall be formed by cutting back into the completed work to form a true vertical face free of loose or shattered material. Material along construction joints not properly compacted shall be removed and replaced with soil-cement that is mixed, moistened, and compacted as specified. 3 .8 CURING AND PROTECTION The finished surface shall be protected against rapid drying for 7 days by one of the methods specified. 3 .8.1 Moist Curing A 2-inch covering of soil or not less than 4 pounds per square yard of straw shall be applied. The material shall be moistened initially and kept moistened throughout the curing period. In multiple-layer construction, the soil used in moist curing, if of approved select material, may be used for constructing the succeeding stabilized course. 3.8.2 Burlap Burlap covers shall consist of 2 or more layers of burlap having a combined weight of 14 ounces or more per square yard in a dry condition. Burlap shall be either new or shall have been used only for curing concrete. Burlap strips shall have a length, after shrinkage, at least 1 foot greater than necessary to cover the entire width and edges of the finished stabilized area. Mats. shall . overlap each other. at least. 6 .inches. Mats shall be thoroughly wetted before placing and shall be kept continuously wet and in Ccontact with the surface and edges of the finished stabilized area for the `� entire curing period. Section 02711 Page 10 (71) 3.8.3 Impervious Sheeting The surface of the finished stabilized area shall be moistened with a fine spray of water and then covered with impervious sheeting. The burlap of the polyethylene-coated burlap shall be thoroughly saturated with water before placing. Sheeting shall be placed with the light-colored side up. Sheets shall extend over the edges of the stabilized area and shall be held securely in place throughout the curing period. Edges of sheets shall overlap each other at least 12 inches and shall be securely cemented or taped to form continuous closed joints. Tears and holes in sheets shall be repaired immediately. 3.9 FIELD QUALITY CONTROL 3.9.1 Grade Control Underlying material shall be excavated to sufficient depth for the required stabilized-course thickness. The finished stabilized course with the subsequent surface course shall meet the fixed grade. Finished and completed stabilized area shall conform to the lines, grades, cross section, and dimensions indicated. 3.9.2 Smoothness Test The surface of a stabilized layer shall show no deviations in excess of 3/8 inch when tested with the straightedge. Deviations exceeding this amount shall be corrected by removing material and replacing new material, or by O reworking existing material and compacting, as directed. Measurements for deviation from grade and cross section shown shall be taken in successive positions parallel to the path enterline with a straightedge. Measurements shall also be taken perpendicular to the road centerline at 50 foot intervals. 3.9.3 Thickness Control The completed thickness of the stabilized course shall be within 1/2 inch of the thickness indicated. Where the measured thickness is more than 1/2 inch deficient, such areas shall be corrected by scarifying, adding mixture of proper gradation, reblading, and recompacting as directed. Where the measured thickness is more than 1/2 inch thicker than indicated, the course shall be considered as conforming to the specified thickness requirements. Average job thickness shall be the average of all thickness measurements taken for the job, but shall be within 1/4 inch of the thickness indicated. The thickness of the stabilized course shall be measured at intervals, which ensure one measurement for each 500 square yards of stabilized course. Measurements shall be made in 3-inch diameter test holes penetrating the stabilized course. 3.9.4 Testing Field tests shall be performed in sufficient numbers to assure that the specifications are being met. Testing shall be the responsibility of the. _ Contractor and shall be performed. by an approved, commercial laboratory. . 1 ' Section 02711 Page 11 3.9.5 Field Density Field density tests shall be. performed in accordance with ASTM D 1556 or ASTM D 2922. ASTM D 2922 results in a wet unit weight of soil, and when using this method, ASTM D 3017 shall be used to determine the moisture content of the soil. Calibration curves furnished along with the density gauge shall be checked as described in ASTM D 3017. Calibration checks of the density gauge shall be made at the beginning of a job on each type of material encountered. At least 1 field density test shall be performed for each 500 feet for the full width of the lift of each layer of base material. 3.9.6 Maintenance The stabilized area shall be maintained in a satisfactory condition until the completed work is accepted. Maintenance shall include immediate repairs to any defects and shall be repeated as often as necessary to keep the area intact. Defects shall be remedied as specified. 3 .9.7 Traffic Completed portions of the cement-treated soil area may be opened immediately to pedestrian traffic provided the curing is not impaired. After the curing period has elapsed, completed areas may be opened to pedestrian traffic provided that the cement-stabilized course has hardened sufficiently to prevent marring or distorting of the surface by equipment or traffic. Heavy equipment will not be permitted on the area during the curing period. Cement • and water may be hauled over the area with pneumatic-tired equipment as O approved. Finished portions of cement-stabilized soil that are traveled on by equipment used in constructing an adjoining section shall be protected in a manner that prevents equipment from marring or damaging the completed work. 3.10 DISPOSAL OF UNSATISFACTORY MATERIALS Removed in-place materials that are unsuitable for .stabilization, material that is removed for the required correction of defective areas, waste material, and debris shall be disposed of as directed. -- End Of Section -- Section 02711 Page 12 OSECTION 02780 CONCRETE BLOCK PAVEMENTS PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. ACI INTERNATIONAL (ACI) ACI 301 (1999) Standard Specifications for Structural Concrete AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 67 (1999a) Sampling and Testing Brick and Structural Clay Tile ASTM C 117 (1995) Materials Finer Than 75 micrometer (No. 200) Sieve in Mineral Aggregates by Washing ASTM C 131 (1996) Resistance to Degradation of Small- Size Coarse Aggregate by Abrasion and Impact (12) in the Los Angeles Machine ASTM C 136 (1996a) Sieve Analysis of Fine and Coarse Aggregates ASTM C 936 (1996) Solid Concrete Interlocking Paving Units ASTM C 979 (1999) Pigments for Integrally Colored Concrete ASTM D 75 (1987; R 1997) Sampling Aggregates ASTM D 1760 (1996) Pressure Treatment of Timber Products ASTM D 4318 (1998) Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM E 11 (1995) Wire-Cloth Sieves for Testing Purposes U Section 02780 Page 1 (1-1) 1.2 SUBMITTALS Submit the following in accordance with Section entitled, "Submittal Procedures, " in the General Conditions of the Contract. Product Data Concrete Paving Block Submit supplier and technical information. Leveling Sand Submit supplier and technical information. Samples Concrete Paving Block A sample of five paving blocks prior to the start of the work. Also, a representative sample of not less than 15 blocks as directed by the Owner, from each lot of 20,000 concrete paving blocks or fraction thereof. Test Reports (12) Tests, Inspections and Verifications A written report within 7 calenda r days y after completion of the work, covering the testing required for each lot. PART 2 PRODUCTS 2.1 • MATERIALS 2.1.1 Bedding and Jointing Sand Two separate sand gradations shall be used for the bedding layer and in the block joints. Both sand gradations shall consist of crushed sand, natural sand, or a combination of crushed and natural sand. Both sand gradations shall have a minimum L.A. Abrasion of 40 percent when tested in accordance with ASTM C 131. Both sand gradations shall be nonplastic when tested in accordance with ASTM D 4318 and shall be free of lumps, clay, vegetation, soft particles, sulphates, and other contaminants. The bedding and jointing sands shall conform to the following gradations, determined in accordance with ASTM C 136 and ASTM C 117, using ASTM E 11 sieve. U Section 02780 Page 2 (IT) Percent Passing Sieve Bedding Sand Jointing Sand (ASTM E 11) 3/8 in. 100 100 No. 4 80-100 100 No. 8 60-90 95-100 No. 16 25-70 70-100 No. 30 10-35 40-75 No. 50 5-20 10-40 No. 100 0-10 2-25 No. 200 0-5 0-10 2.1.2 Concrete Paving Block The concrete paving block shall conform to ASTM C 936, and shall be 3 1/8 inch thick, and 4 inch by 8 inch rectangular in shape. Pavers shall be by Paver Systems, Holland Stone or equivalent; pigmentation shall conform to ASTM C 979. The color scheme shall consist of three colors: Color 1 Peach Color 2 Off White Color 3 Bentcreek Color Mix nRefer to the plans for pattern. �l Pigmentation shall conform to ASTM C 979. 2.1.3 Edge Restraints 2.1.3.1 Cast-in-Place Concrete Refer to Specification 02770. 2.2 TESTS, INSPECTIONS AND VERIFICATIONS 2.2.1 Paving Block The Contractor shall conduct the tests prescribed by ASTM C 936 and the following tests on the remaining 13 blocks of each sample from each lot. 2.2.1.1 Dimensional Tolerance The length and width of each block in the sample shall not vary from any other block in this or any other lot sample by more than 1/8 inch. Thickness of any block in the sample shall not vary by more than 1/8 inch from the specified block thickness. 0 Section 02780 Page 3 2.2.1.2 Retest (12) The Contractor tractor shall notify the Owner if any blocks fail to meet the specified requirements. In case the shipment ' fails to conform to the specified requirements, the Contractor may sort it, and new specimens shall be selected by the Contractor from the retained lot for retesting, as directed by the Owner. All concrete paving block retests shall be performed at the expense of the Contractor. In case the second set of specimens fail to conform to the test requirements, the entire lot shall be rejected. 2.2.2 Sand The Contractor shall obtain a representative sample in accordance with ASTM D 75 from each 100 cubic yard of sand to be used in the project. If the sand fails to meet the gradation requirements the Contractor may take another sample and retest it at his expense. If this retest fails or if no second test is taken, the sand is rejected by the Owner and shall be removed from the job site. PART 3 EXECUTION 3.1 PREPARATION 3.1.1 Edge Restraint Location The edge restraint shall be placed as shown in the drawings and shall be installed prior to placement of the blocks. (12) 3.1.2 Sand Bedding Layer The bedding sand shall be spread evenly over the area to be paved and shall be screeded to an uncompacted average thickness of 1 inch with a tolerance for grade and surface smoothness of plus or minus 1/4 inches. This bedding sand shall not be used to fill low areas that exceed the specified tolerance for the base. The sand shall be left uncompacted and shall not be disturbed by any pedestrian or vehicle construction traffic. 3 .2 BLOCK PLACEMENT The paving block shall be placed by hand or machine in the indicated pattern. Placement of paving block shall start from a corner or straight edge and proceed forward over the undisturbed sand-bedding layer. The joints, excluding any chamfer between paving blocks, shall be not less than 1/16 inch or more than 1/4 inch in width. After seating, the block surface shall be flush or up to 1/4 inch above the edge restraint. 3.2.1 Unfilled Gaps Any gaps between paving blocks and any edge restraint, drainage structures, or other members that cannot be filled with a whole block shall be filled with a paving block cut to fit the gap, except that slivers will not be allowed and the minimum size of cut block shall be 4 square inches. Cutting shall be done with a hydraulic splitter, a masonry saw, or other device that accurately leaves a clean, vertical face without spalling. Any remaining gap between the block and adjoining edge restraint or structure greater than 1/4 (12) Section 02780 Page 4 • inch will not be accepted; adjacent blocks shall be cut or rearranged to (11) prevent this. 3.2.2 Seating Blocks The blocks shall be seated in the bedding sand by compacting them with a minimum of three passes of a vibratory plate compactor. 3.2.3 Jointing Sand The jointing sand shall be swept into joints and vibrated with a vibratory plate or vibratory roller compactor. This process shall be continued until sweeping and vibrating have filled all joints with sand and further vibration cannot force additional sand into the joints. The coarser particles of the sand will not enter the joints and will remain on the surface. These particles and any excess sand shall be swept off the pavement. 3.2.4 Timing of Operations Seating of blocks and placement of jointing sand can be done concurrently with block placement. However, seating of blocks and placement of jointing sand shall not be done within 5 feet of any unfinished edge of the block pavement that is not supported by the edge restraint. 3.2.5 Final Rolling The final finished paving block surface shall be rolled with four passes of (7) a vibratory or pneumatic roller with a static weight of not less than 10,000 pounds. 3.2.6 Construction Traffic Construction traffic shall not be allowed on the paving block surface until the jointing sand has been placed and vibrated into the joints and all debris and excess sand has been swept off. 3.3 CLEANUP The Contractor shall sweep the entire pavement surface and remove all excess sand, blocks and debris from the project area. 3.4 SMOOTHNESS AND GRADE TOLERANCES 3.4.1 Smoothness No portion of the finished pavement surface shall deviate by more than 3/8 inch from a 10-foot long metal straightedge placed on the pavement surface. 3.4.2 Block Height The finished block surface shall be either flush or up to 1/4 inch higher than all edge restraints or drainage structures. • Section 02780 Page 5 0 3.4.3 Grade The finished pavement shall be within 0.04 feet of planned grade shown on the plans. 3.4.4 Remedial Action Any area not meeting the smoothness, block height, or grade tolerance shall be taken up, adjustments made, and the blocks re-laid at the Contractor's expense. -- End Of Section -- 0 0 Section 02780 Page 6 SECTION 16521 — EXTERIOR LIGHTING TRIADA BOLLARD Part 1 General 1.01 Summary A. Section Includes: 1. Compact fluorescent bollard 2. High intensity discharge bollard 1.02 Submittals A. Provide submittals in accordance with Section 01300— Submittals. B. Product data: 1. Manufacturer's standard product literature. 2. Shop drawings. 3. Installation instructions. 4. Maintenance instructions. C. Submit powder coat finish samples for approval. 1.03 Quality Assurance A. Manufacturer Qualifications 1. Minimum 15 years experience in the manufacture of outdoor lighting. 2. Provide reference list of at least ten major transportation authorities, municipalities, universities, or other high-use public environments currently using outdoor lighting fabricated by the manufacturer. 1.04 Delivery, Storage and Handling A. Handle products in accordance with manufacturer's instructions. B. Store products in manufacturer's original packaging until ready for installation. C. Protect products from impacts and abrasion during storage. 1.05 Warranty A. Provide manufacturer's standard warranty. 1. Warranty terms: one year from date of invoice against defects in materials and workmanship. Part 2 Products 2.01 Manufacturer A. Basis-of-design product: provide bollards based on the product named. 1. Triada Bollard by Forms+Surfaces 2. Manufacturer Contact: Forms+Surfaces 30 Pine Street Pittsburgh, PA 15223 phone: 800-451-0410 fax: 412-781-7840 16521 -Exterior Lighting 16521 - 1 email: sales @forms-surfaces.com website: www.forms-surfaces.com B. Bollards 1. Materials a. Column: one-piece contoured cast Aluminum. b. Head: three-part cast Aluminum with frosted borosilicate glass cylinder, gasketed top and bottom. c. Ballasts (Select one depending on model): 1) Compact fluorescent. 1. Electronic, thermally protected, 120/277V combination for 26W, 32W or 42W compact fluorescent lamp, less than 10% THD, 0° F starting temperature. 2) High intensity discharge bollard. 1. F-can ballast, thermally protected, 120/277V, -20° F starting temperature, class B sound rating. d. Lamp (Select one below): 1) Compact fluorescent bollard. 1. CFM26. a. 26W triple tube 4-pin. b. Base: GX24-3. c. Initial lumens: 1,800. d. Color temperature: 4,100. 2. CFM32. a. 32W triple tube 4-pin. b. Base: GX24-3. c. Initial lumens: 2,400. d. Color temperature: 4,100. 3. CFM42. a. 42W triple tube 4-pin. b. Base: GX24-4. c. Initial lumens: 3,200. d. Color temperature: 4,100. 2) High intensity discharge bollard. 1. M50. a. 50W metal halide. b. Base: medium. c. Initial lumens: 3,400. d. Color temperature: 4,000. 2. M70. a. 70W metal halide. 16521 -Exterior Lighting 16521 - 2 b. Base: medium. c. Initial lumens: 5,600. d. Color temperature: 4,000. 3. S50. a. 50W high pressure Sodium. b. Base: medium. c. Initial lumens: 3,600. d. Color temperature: 1,900. 4. S70. a. 70W high pressure Sodium. b. Base: medium. c. Initial lumens: 5,600. d. Color temperature: 1,900. 2. Finishes: polyester powdercoat (Choose one color below): a. "Forms+Surfaces Silver Texture". b. "Forms+Surfaces Black Texture". c. Other color as specified. 3. Dimensions a. Overall: 10.6" diameter x 41.9" high. 4. Mounting: 3/8"thick base plate. Provide anchor bolts, hardware and template. Part 3 Execution 3.01 Examination A. Verify that substrates are stable and capable of supporting the weight of items covered under this section. B. Verify that substrates have been adequately prepared to securely anchor those items that will be surface mounted. 3.02 Installation A. Install according to the manufacturer's installation instructions. B. Install in conformance to applicable ADA guidelines and End User's established Accessibility policies. 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Ygd il° 513000.i ,„, 1 OA °' OZ N W Z rw0� ▪m p N m� O 11J z : .1 w:„m 8 • ew.n,a�oo-sw\(�»+s�s��_�r tee)a�oc-sw\vnvaxwa\o.ob.a\rns\wn.\�aws.umx�w�.sc�i cix/oUa• 6$1 ATTACHMENT C n the Response to e ITB BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 11 ATTACHMENT D Insurance BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE:OCTOBER 21,2014 12 AC ® G Q CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/20/2014 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 poiicy(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 Claudia Reutlinger Keen Battle Mead & Company (a/c0 No.EXtr (305)558-1101 FAX Nol:(305)822-4722 7850 Northwest 146th Street AE DRILSS:creutlinger@kbmoo.com Suite 200 INSURER(S)AFFORDING COVERAGE NAIL# Miami Lakes FL 33016 INSURERA:Starr Surplus Lines Insurance INSURED INSURER B:AITrus t Financial Services Inc Solo Construction & Engineering Co. INSURER C: 20855 NE 16th Avenue INSURER D: Suite Cl INSURER E: Miami FL 33179 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 GL, WC 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 ADDL SUBR LTR TYPE OF INSURANCE • : ,.. POLICY NUMBER MM/DDY EFF POLICY MD/YY P LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) S 100,000 CLAIMS-MADE X OCCUR •LPGGL0228800 '/20/2014 1/20/2015 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERA A O L AGGREGATE S 2, 00,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 © POLICY II. PROT ■ LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S ANY AUTO BODILY INJURY(Per person) S ■ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE H In IRED AUTOS AUTOS (Per accident) S ■ S ■ UMBRELLA LIAR OCCUR EACH OCCURRENCE ::: s S LlAB CLAIMS-MADE AGGREGATE RETENTION$ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY y/N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) •WC1032203 /10/2014 /10/2015 E.L.DISEASE-EA EMPLOYE- 5 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 500 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is listed as Additional Insured with respects to General Liability. Waiver of Subrogation applies to General Liability per form CG 24 04 10 93 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive 3rd Floor AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 Alex Perez/CM ---- ° A/'f1e.r.ale Inn.nine`\ APPENDIX A-1 : Form of Performance Bond BID NO:2014-229-JR CITYOF MIAMI BEACH �1��, ! �o DUE DATE: OCTOBER 21,2014 �BEACH 13 A-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:2014-229-JR CITYOF MIAMI BEACH MAW!!BEACH DUE DATE: OCTOBER 21,2014 14 A-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: 2014-229-JR CITYOF MIAMI BEACH r\i�,lAi,A.!BEACH DUE DATE:OCTOBER 21,2014 15 APPENDIX A-2: Form of Payment Bond BID NO:2014-229-JR CITYOF MIAMI BEACH MI\fv1!BEACH DUE DATE: OCTOBER 21,2014 16 A-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. 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. BID NO:2014-229-JR CITYOF MIAMI BEACH i\AI AMI BEACH DUE DATE: OCTOBER 21,2014 17 A-2 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2014-229-JR CITYOF MIAMI BEACH ,A,AIAMI BEACH DUE DATE: OCTOBER 21, 2014 18 APPENDIX A-3: Certificate of Corporate Principle BID NO:2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 21,2014 19 A-3 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO: 2014-229-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: OCTOBER 21,2014 20 APPENDIX A-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit BID NO:2014-229-JR CITYOF MIAMI BEACH /VI V, BEACH DUE DATE: OCTOBER 21,2014 21 � t A-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 agreement BID NO:2014-229-JR CITYOF MIAMI BEACH /111iAM1 BEACH DUE DATE: OCTOBER 21,2014 22 A-4 referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO:2014-229-JR CITYOF MIAMI BEACH /\/~MAIN\ BEACH DUE DATE: OCTOBER 21,2014 23 APPENDIX A-5: Certificate of Substantial Completion BID NO:2014-229-JR CITYOF MIAMI BEACH ,M1 BEACH DUE DATE: OCTOBER 21,2014 24 A-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:2014-229-JR CITYOF MIAMI BEACH J'AIAM1 BEACH DUE DATE: OCTOBER 21,2014 25 A-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:2014-229-JR CITYOF MIAMI BEACH ;\A1,4,0,i BEACH DUE DATE: OCTOBER 21,2014 26 APPENDIX A-6: Final Certificate of Payment BID NO: 2014-229-JR CITYOF MIAMI BEACH I\/UAM'BEACH DUE DATE: OCTOBER 21,2014 27 A-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:2014-229-JR CITYOF MIAMI BEACH ,■AiAMl BEACH DUE DATE: OCTOBER 21,2014 28 APPENDIX A-7: Form of Final Receipt BID NO:2014-229-JR CITYOF MIAMI BEACH i\.MAMI BEACH DUE DATE: OCTOBER 21,2014 29 A-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:2014-229-JR CITYOF MIAMI BEACH `.i1INV!,I BEACH DUE DATE:OCTOBER 21,2014 30 1 1 mow ow City of Miami Beach l`' I J Construction Performance and Payment y t i�n�s Check List Verification Contractor: Solo Construction & Engineering Co. Surety Company: American Southern Insurance Company Surety Amount: $87,403.17 Bid/Contract#: 2014-229-JR Bond #: 62575 1 - Get Forms 00710 & Form 00720 V (obtain from Procurement Office-part of bid package) 2 - Get Commission Memo/Summary Contract/Bid Contract Number V Amount of the contract s V Winning bidder V 3 - Performance Bond & Payment Bonds forms must contain the following Name of company awarded the contract V — Name of Surety Bond Company V Amount of contract written and in numbers ! V ---- - Amount agrees to Commission Memo V Bid/Contract number and date awarded V -- Bond Number assigned by Surety Company V — Notarized &signed by Surety & Contractor V Power of Attorney V 4 - Bond must be 100% of Contract Price } V - 5 - Bonds must be recorded in the public records of Miami-Dade County [FL Statutes 255.05(1)(a)] Proof of recording at Miami-Dade.gov, or County paid stamp on top of document V 6 - Bond continue in effect for one year after final completion of work 1 V 7 - In lieu of Performance & Payment Bonds, Contractor ! N/A may furnish alternative forms of security, such as cash money order, certified check, cashier's check, or unconditional letter of credit in Form 00735. Such alternative form of security must be pre-approved by the City and held one year after completion of work. File: F:\PURC\$ALL\YOLANDA\Bond Checklist Solo Page.1 of 2 Qualification of Surety (bonds > $500,00): 8 - Bond must be executed by a surety company of v recognized standing (search www.ambest.com) 9 - Surety company is authorized to do business in the v State of Florida (search www.sunbiz.org) 10 - Surety company must have a resident agent in the y. V State of Florida (search www.sunbiz.org) 11 - Surety company must have been in business with a V ` record of successful continuous operation for at least five years (search www.sunbiz.org) 12 - Surety company shall hold a current certificate of V --- authority as acceptable surety on federal bonds in accordance with US Dept of Treasury Circular 570 (Search www.fms.treas.gov/c570/c570.html) 13 - Surety company must have a rating of B+ or better • .V for bonds up to $2 million, or A for bonds greater than $2 million (search www.ambest.com) Exceptions: File: F:\PURC\$ALL\YOLANDA\Bond Checklist Solo Page 2 of 2 1It 1III 11I 1 11TH I1 III 1II I11il 11 111I CFN 2015R0067774 OR; Bk 29486•Pss -0414 419V RECORDED 02X02/2015 15:22203. • HARVEY RUVIN CLERK i OF COURT DOCUMENT COVER PAGE TANI-DADE COUNTY? FLORIDA For those documents not providing the reed . space on the first page,this cover page must be attached. • It must describe the document in sufficient.detail to prohibit its transference to another document. • An additional recording fee for this page must be remitted. • • (Space above this line reserved for recording office use) • Documei t fj. • (Mortgage,Deed, Construction Lien,Etc.) • • • xecuting Party • Legal Description: (If Applicable) As more fully described in above described document. Return Document t To/Prepared By: • • F.S. 695.16 . `egni rements for recording instru ii ents affecting real property-- (R evant excerpts•If statue) .(1) No instrument by which the title to real property or any interest therein its conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless: (e) !� =Qncll� @> cl!� pace at the op right-hand mhanc corner ®n first pa ��ENO Couiv and.a 1-inch by 3-inch space at the top tight-ha.nd corner on each subsequent page �J CLERK are reserved for use by the clerk of the court..: `u� bit • IN GOO+VE'71:5•�> D®1 FORM OF PERFORMANCE BOND Bond 62575 BY THIS BOND, We Solo Construction&Engineering Co. , as Principal, hereinafter called Contractor, and American Southern Insurance Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of ** Dollars ($87,403.17 ) 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.: 2014-229-JR , awarded the 29th day of January , 20 15 , 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"; ** Eighty Seven Thousand Four Hundred Three& 17/100 THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of 79th Street Beachwalk Extension ITB No.2014-229-JR , 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 •E n BID NO:2014-229-JR CITYOF MIAMI BEACH N ,ElEAtcfie DUE DATE:OCTOBER 16,2014 85 J 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 30th day of January , 20 15 . R. SSES:• Solo Construction&Engineering Co. ( ne of Corporation) ` ^ /1''(, vim- Seer ai'y By: (Si, rtatorree) (CORPORATE SEAL) /060r (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: American Southern Insurance Company By: 1 - Ag.; and Attorney-in-Fact Patr-fa E. Martin,Attorney-in-Fact Address: 16118 N Florida Ave (Street) Lutz, FL 33549 (City/State/Zip Code) Telephone No.: 813-968-8031 BID NO 2014.2294R CITYOF MIAMI BEACH : , DUE DATE: OCTOBER 16,2014 86 MIAI�/II:BCC f ��t„y1 D-2 FORM OF PAYMENT BOND Bond 62575 BY THIS BOND, We Solo Construction&Engineering Co. , as Principal, hereinafter called Contractor , and American Southern Insurance Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of ** Dollars ($87,403.17 ) 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.: 2014-229-JR , awarded the 29th day of January , 2015 , 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"; "Eighty Seven Thousand Four Hundred Three&17/100 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. o BID NO:2014-229-JR CITYOF MIAMI BEACH tv IW l EL i 'k .., DUE DATE:OCTOBER 16, 2014 87 ��� r • D-2 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 30th day of January , 2015 . Contractor i ATTEST: onstruction& Co.S � /, (Narne`',of Corporation) 4..,/� ti. �.-- By ��,L / o, -- ' ✓ (Secre-# ry) i ( nata-e) ,_. (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE CO PANY: American Southe- .urance Company AAA ---7 - By: Agent :nd Attorney-in-Fact • Patricia E. Martin,Attorney-in-Fact Address: 16118 N Florida Ave (Street) Lutz, FL 33549 (City/State/Zip Code) Telephone No.: 813-968-8031 BID NO:2014-229-JR CITYOF MIAMI BEACH ' '! 'I A,,S. ;., i .,,k DUE DATE:OCTOBER 16,2014 88 `''i I yt -r %.• it , IP!�+CL�kc Z1H;v7 _f,f ji R �,�.r" 2,i" 8 5. I__, ._ n 4. 9 AMERICAN SOUTHERN INSURANC ` �. )� PA - Home Office: 3715 Northside Parkway, NW Mailing Address: P. O. Box 723030 Suite 4-800 Atlanta, GA 31139-0030 Atlanta, Georgia 30327 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado; Brian A. O'Neal of Parker, Colorado; Scott E. Stoltzner of Hoover, Alabama; Arthur S. Johnson of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Jeffery L. Booth of Parma, Ohio; James E. Feldner of West Lake, Ohio; Stephen E. Lallier of Reynoldsburg, Ohio; Patricia E. Martin of Lutz, Florida; Garry W. Black of Murfreesboro, Tennessee; Martha G. Ross of Charlotte, North Carolina; David R. Brett of Columbia, South Carolina; Melanie J. Stokes of Atlanta, Georgia; Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K. Thompson of Smyrna, Tennessee; Kelley E.M. Nys of Decatur, Georgia; or Diane L. McLain of Fitchburg, Wisconsin, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of$1,000,000 (one million dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American Southern Insurance Company on the 26th day of May, 1998: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof, the American Southern Insurance Company has caused its official seal to be her ►tif hx and these presents to be signed by its President and attested by its Secretary this 24th day of January, 2014. ,•``\' T. C,j'�",, Attest: American Southern Insurance Company • , m �� Gail A. Lee, Secretary y _ Scott G. ho- pson, President '•1 F,p815 STATE OF GEORGIA -9 2:Or R � ' ' SS: �.. COUNTY OF FULTON , �' \\\`.On this 24th day of January, 2014, before me personally came Scott G.Thompson to me known,who being by me duly sworn,1did'fiej384%'and say that he resides in Atlanta, in the County of Fulton, State of Georgia, at 421 Hollydale Court; that he is the President of American Southern Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of th said co 'oration;that the seal affixed to the said instrument is such corporate seal;that it was so affixed and that he signed his •".me th eto pur t► to auto ation. // Candace T.Cheatham STATE OF GEORGIA Notary Public,State of Georgia SS: Qualified in DeKalb County COUNTY OF FULTON Commission Expires December 7,2017 1, the undersigned, a Vice President of American Southern Insurance Company, a Kansas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore thaltb $11P eI�e gqlu�i¢ oft�� x c�{t' e Committ o ` Board of Directors set forth in the Power of Attorney is now in force. STATE OF FLC),?its; UUI.J I Y '�l� ,-, y� ■HEREBY CERTIFY ti{ Ili' ja.1 4,d A rpa.'atMaTo'1 93py 6#VPPJ 1 / Otis, Signed and sealed at the City of Atlanta,Dated the 30-'lr1 day of r iS��: / H °;>.'ii{ac.1,_-U�� '�;' %�:! 1( (fir ?);:\ti 'je, jam/ ' ,. `'�i1f iT O John R.Huot i . . �; Power No. 033257 :' Vice President AMC ;T,.S I V i