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Contract with Allied Contractors, Inc. Cf CONTRACT J "� 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 Allied Contractors, Inc., 2302 West 79th Street, Hialeah, FL 33016, hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and fifty (150) calendar days from the issuance of the second Notice to Proceed- phase 1, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand dollars ($1000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand ($1000.00) 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. [ ] 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 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 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the City shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage below five percent (5%) shall be at the sole discretion of the City after written request by Contractor. All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to ITB Section 0500, Sub- Section 43, fully executed by the City establishing the Date of Substantial Completion, and after completion of all items on the punch list and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. 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. 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. 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 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: Allied Contractors, Inc. 2302 West 79th Street Hialeah, Florida 33016 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 an y p rovision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF M +r/fH 'y Clerk '% Mayor . I' s f INCORP ORATED: • • Allied Contractors, Inc. 2 ATTEST: '��mfm`"" \\•� A110.-P— 1 gnature/Secretary Signa re/Presi• Lourdes Carcache, Secretary Armando Carcache, President 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 S � i5 City Attorney at ATTACHMENT A Resolution, Commission Item Summary, and Commission Memorandum r COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO. 2015-107-JR FOR THE 7t"STREET PARKING GARAGE RENOVATION. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: . The City is seeking to renovate the 7th Street Parking Garage.. The project scope consists of renovating the existing structural deficiencies at the Parking Garage located on 7th Street and Collins Ave.The deficiencies and failures are in the waterproofing,traffic coating,planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify the electrical lighting protection system.The scope of work will also include restriping of the parking stalls, removal and replacement of plant material in the planter, repairs to the irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis. The work set forth within the bid documents includes the furnishing of all labor, materials,shoring, equipment, services, and incidentals for the construction of this project. ITB No. 2015-107-JR was issued on February 20, 2015,with a bid opening date of April 2,.2.015. Five(5)addenda were issued.The Procurement Department issued bid notices to 301 companies utilizing www.publipurchase.com website. 104 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine(9)responses from Allied Contractors, Inc., Emerald Construction, Tagarelli Construction, Gutknecht Construction, TGSV Enterprises, Inc, Concrete Protection & Restoration (CP&R), ABC Construction, Contracting Specialist(CSI)and Tendon Systems, LLC. See tabulation sheet(Appendix A). The City Manager has considered the bids received, pursuant to ITB 2015-107-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Allied Contractor, Inc.,the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. 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 2015-107-JR, for the 7t" Street Parking Garage Renovation. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $ 1,900,000.00 142-6199-000676 t5.�. a6 - 2 $ 26,179.07 142-6199-069357 OBPI Total $ 1,926,179.07 Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: D artment Direct() Assista .: C-it im .ger City anager AD DM ,k 1 M`..\ .1t ` JLM,i6 T:\AGENDA120151ApriJ\PROCUREMENT\ITB 2015-107-JR 7th Street Parking Garage Renovation-Summa •'c MIAMIBEACH AGENDA ITEM DATE. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th-1 •ity C•mmis-ion FROM Jimmy L. Morales, City Manager t , l DATE: April 15, 2015 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2015-107-JR FOR THE 7th STREET PARKING • GARAGE RENOVATION. KEY INTENDED OUTCOME Build and Maintain Priority Infrastructure with Full Accountability FUNDING The funding for this project is as follows: 142-61.99-000676 Amount$1,900,000.00 142-6199-069357 $ 26,179.07 Total Bid Amount: $1,926.179.07 BACKGROUND INFORMATION The City is seeking to renovate the 7th Street Parking Garage. The project scope consists of renovating the existing structural deficiencies at the Parking Garage located on 7th Street and Collins Ave. The deficiencies and failures are in the waterproofing, traffic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify the electrical lighting protection system. The scope of work will also include restriping of the parking stalls, removal and replacement of plant material in the planter, repairs to the irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis.The work set forth within the bid documents includes the furnishing of all labor, materials, shoring, equipment, services, and incidentals for the construction of this project. ITB PROCESS ITB No: 2015-107-JR,was issued on February 20, 2015,with a bid opening date of April 2, 2015. Five (5) addenda were issued. The Procurement Department issued bid notices to 301 companies utilizing www.publipurchase.com website. 104 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine (9) responses from Allied Contractors, Inc., Emerald Construction, Tagarelli Construction, Gutknecht Construction,TGSV Enterprises, Inc,.Concrete Protection&Restoration(CP&R), ABC Construction, Contracting Specialist(CSI)and Tendon Systems, LLC. See tabulation sheet(Appendix A). The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions, and specifications of the ITB will be recommended for award. Veteran Status was considered during the tabulation of the bids received. Veteran status was not applicable to Allied Contractors, Inc. Commission Memorandum ITB 2015-107-JR 71h Street Parking Garage Renovation April 15,2015 Page 12 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. Allied Contractors, Inc. is a State certified as a General Contractor.State license number is: CGC060070 and expires on August 31, 2016. 2. Previous Experience: Bidders shall submit at least five (5) individual references exemplifying their experience in projects similar in scope and volume involving multi-level concrete restoration projects.References must be projects completed or in progress within the last five (5)years. Allied Contractors, Inc. submitted five (5) individual references which demonstrate 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 five (5%) percent bid bond for the project.The City reserves the right to require performance and payment bonds from the successful bidder. Allied Contractors, Inc., bid response was accompanied bya Bid Bond from Axis Insurance Company, dated March 25, 2015.The.Bid Bond has been issued for five(5%)percent of Allied Contractors, Inc.of the Total Bid Amount.Their Surety is Alter Surety Group. Axis Insurance Group will provide the necessary Performance and Payment Bond in the amount of $1,926,179.07 for Allied Contractors, Inc.,for the project known as 7th Street Parking Garage Renovation. 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. Allied Contractors, 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 2 out.of 9. The lower the score, the lower the risk. Accordingly, Allied Contractors, 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 2015-107-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Allied Contractor, Inc.,the lowest responsive,responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. Commission Memorandum lTB 2015-107-JR 7'h Street Parking Garage Renovation April 15,2015 Page 13 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 2015-107-JR, for the 7th Street Parking Garage Renovation. JLM/MT/DMIAD T:I AGENDA120151April 1PROCUREMENT\ITB 2015-107-JR 7th Street Parking Garage Renovation-Memo.doc • ) I1 { ATTACHMENT B Invitation to Bid ("ITB") Q. 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 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.: APPENDIX A-2: Form of Payment Bond 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. 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.: APPENDIX A-3: Certificate of Corporate Principle A-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Armando Carcache, President , 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 Armando Carcache , who signed the Bond(s) on behalf of the Principal, was then President 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 , :ehalf of Allied Contractors, Inc. Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE • ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Armando Carcache, President 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 11th day of May 2015 . My commission expires: , y�( qtrbf .. ' .b i St: e of Flor''a at Large 40;410(.6 Notary Public State of Florida . Maned eat* 'A da` My Commission EE144356 .%%0,r.0 Expires 11/07/2015 - • APPENDIX A-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit 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 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 APPENDIX A-5: Certificate of Substantial Completion 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 wil be the date of final payment unless otherwise agreed in writing. 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: APPENDIX A-6: Final Certificate of Payment 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 APPENDIX A-7: Form of Final Receipt 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 i COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO. 2015-107-JR FOR THE 7th STREET PARKING GARAGE RENOVATION. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability. Supporting Data (Surveys, Environmental Scan, etc: N/A Item SummarylRecommendation: The City is seeking to renovate the 7th Street Parking Garage. The project scope consists of renovating the existing structural deficiencies at the Parking Garage located on 7th Street and Collins Ave.The deficiencies and failures are in the waterproofing,traffic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify the electrical lighting protection system.The scope of work will also include restriping of the parking stalls, removal and replacement of plant material in the planter, repairs to the irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis. The work set forth within the bid documents includes the furnishing of all labor, materials,shoring, equipment, services, and incidentals for the construction of this project. ITB No. 2015-107-JR was issued on February 20, 2015, with a bid opening date of April 2, 2015. Five(5)addenda were issued.The Procurement Department issued bid notices to 301 companies utilizing www.publipurchase.com website. 104 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine(9)responses from Allied Contractors, Inc., Emerald Construction, Tagarelli Construction, Gutknecht Construction, TGSV Enterprises, Inc, Concrete Protection & Restoration(CP&R), ABC Construction, Contracting Specialist(CS I)and Tendon Systems, LLC. See tabulation sheet(Appendix A). The City Manager has considered the bids received, pursuant to ITB 2015-107-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Allied Contractor, Inc.,the lowest responsive,responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. 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 2015-107-JR, for the 7th Street Parking Garage Renovation. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 $1,900,000.00 142-6199-000676 \Vb. 1f.' J' 2 $ 26,179.07 142-6199-069357 OBPI Total $1,926,179.07 Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: D;•artment Directo_ Assista , a •er Cit anager 'Ef . � lam;`-_ AD V DM j M V�A JLM4/8 T:IAGENDAQ0151ApriI1PR000REMENT\ITB 2015-107-JR 7th Street Parking Garage Renovation-Summa .d•c AGENDA ITEM! C� MIAMI BEACH _ ,5 102 DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th •ity C.mmis ion FROM: Jimmy L. Morales, City Manager t DATE: April 15, 2015 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2015-107-JR FOR THE 7th STREET PARKING GARAGE RENOVATION. KEY INTENDED OUTCOME Build and Maintain Priority Infrastructure with Full Accountability FUNDING The funding for this project is as follows: 142-6199-000676 Amount$1,900,000.00 142-6199-069357 $ 26,179.07 Total Bid Amount: $1,926.179.07 BACKGROUND INFORMATION The City is seeking to renovate the 7th Street Parking Garage. The project scope consists of renovating the existing structural deficiencies at the Parking Garage located on 7th Street and Collins Ave. The deficiencies and failures are in the waterproofing, traffic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify the electrical lighting protection system.The scope of work will also include restriping of the parking stalls, removal and replacement of plant material in the planter, repairs to the irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis.The work set forth within the bid documents includes the furnishing of all labor, materials, shoring, equipment, services, and incidentals for the construction of this project. ITB PROCESS ITB No. 2015-107-JR,was issued on February 20, 2015,with a bid opening date of April 2, 2015. Five (5)addenda were issued. The Procurement Department issued bid notices to 301 companies utilizing www.publipurchase.com website. 104 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine (9) responses from Allied Contractors, Inc., Emerald Construction, Tagarelli Construction, Gutknecht Construction,TGSV Enterprises,Inc,Concrete Protection&Restoration(CP&R), ABC Construction,Contracting Specialist(CSI)and Tendon Systems, LLC. See tabulation sheet(Appendix A). The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions, and specifications of the ITB will be recommended for award. Veteran Status was considered during the tabulation of the bids received.Veteran status was not applicable to Allied Contractors, Inc. 103 Commission Memorandum ITB 2015-107-JR 7"'Street Parking Garage Renovation April 15,2015 Page 12 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. Allied Contractors, Inc.is a State certified as a General Contractor.State license number is: CGC060070 and expires on August 31, 2016. 2. Previous Experience: Bidders shall submit at least five (5) individual references exemplifying their experience in projects similar in scope and volume involving multi-level concrete restoration projects.References must be projects completed or in progress within the last five(5)years. Allied Contractors, Inc. submitted five (5) individual references which • demonstrate 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 five (5%) percent bid bond for the project.The City reserves the right to require performance and payment bonds from the successful bidder. Allied Contractors, Inc., bid response was accompanied by a Bid Bond from Axis Insurance Company, dated March 25, 2015. The Bid Bond has been issued for five(5%)percent of Allied Contractors, Inc.of the Total Bid Amount.Their Surety is Alter Surety Group. Axis Insurance Group will provide the necessary Performance and Payment Bond in the amount of $1,926,179.07 for Allied Contractors, Inc.,for the project known as 7th Street Parking Garage Renovation. 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. Allied Contractors, 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 2 out of 9. The lower the score, the lower the risk. Accordingly, Allied Contractors, 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 2015-107-JR, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Allied Contractor,Inc.,the lowest responsive,responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. 104 Commission Memorandum ITB 2015-107-JR 7`"Street Parking Garage Renovation April 15,2015 Page I3 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 2015-107-JR, for the 7th Street Parking Garage Renovation. JLM/MT/DM/AD T:\AGENDA120151April\PROCUREMENTUTB 2015-107-JR 7th Street Parking Garage Renovation-Memo.doc 105 ATTACHMENT B Invitation to Bid ("ITB") MAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, ww,vw.miamioeachFl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 5 INVITATION TO BID NO. 2015-107-JR FOR 7TH STREET PARKING GARAGE RENOVATION March 31, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. 1. DUE DATE: Deadline for the receipt of Bids remains the same. Bids due by: Wednesday, April 1, 2015 @ 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 are 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: In regards to the prevailing wages with the Federal Register and as already addressed on Question #7 we have contacted the Federal Register at 1-202-741-6000 and spoke to their representative inquiring about the construction prevailing wages rates and they've answered that without the Reference Number it is near impossible to find out the wage rates applicable to this project. With that said, please provide Reference Number for the Construction Prevailing Wages applicable to this project and we also respectfully request a Bid Extension for at least 2 days once information is provided so it can be addressed to our subcontractors for pricing. A#1: Please follow this link and do your selection by choosing the State, County, and Construction Type. http://www.wdol.qov/dba.aspx 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: 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. Sincerely, -- ice. Al= , Denis Procurement Director ITB No. 2015-107-JR 03/31/2015 Addendum#5 Page 1 of 1 MAMIBEACH 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 ADDENDUM NO. 4 INVITATION TO BID NO. 2015-107-JR FOR 7TH STREET PARKING GARAGE RENOVATION March 25, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, 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: Wednesday, April 1, 2015 @ 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 are 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: Due to late addendums and long detail breakdown price sheet required, plenty of subcontractors in main trades are withdrawing from the bid. This means the price could come in higher than it should due to lack of competition sub-bids. This usually results in the tax payers paying more than needed for this project.Is there a chance that this bid will be extended a few more days to allow for more competitive bidding? A#1: See section one, due date has been extended to Wednesday, April 1, 2015, at 3:00 PM. Q#2: On Addendum # 3 it was included the City of Miami Beach wage Ordinance addressing that prevailing wages published in the Federal Register are applicable to any City projects over $1 M. However we have not been able to find the current wage rates with the Federal Register. We are unclear about the wage rates to be considered for each trade category. Please provide Decision Number with wage rate for each trade category, as applicable for this project. A#2: Please follow this link for the Federal Register; https://www.federalregister.gov/articles/search?conditions%5Bterm%5D=pre vailing+wage+rate+construction ITB No. 2015-107-JR 03/25/2015 Addendum#4 Page 1 of 2 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(c�miamibeachfl.gov Contact: Telephone: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 joerodriguez(c�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. Since ely, Alex',Denis Pro rement Director ITB No. 2015-107-JR 03/25/2015 Addendum#4 Page 2 of 2 • M AMIBEACH City of Miami Beach, 1 700 Convention Censer Drive, Miami Beach, Florida 33139, wvvw.miamibeochfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 INVITATION TO BID NO. 2015-107-JR FOR 7TH STREET PARKING GARAGE RENOVATION March 24, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. 1. RESPONSES TO QUESTIONS RECEIVED: Q#1: It does not seem possible to do this project in the time allotted. My request for additional time would be as follows; Substantial completion 180 calendar days and completion 210 calendar days. A#1: Refer to addendum 1, A#1, issued March 23, 2015. Q#2: Can you please email the sign-in sheet for all to know who attended the pre-bid meeting. A#2: Refer to addendum 1, A#5, issued March 23, 2015. Q#3: Please clarify the replace of attachment screws or bolts for the trellis, are stainless steel required? A#3: The replacement of the fasteners attaching the fiberglass trellis to the concrete structure is specified in Note #4 of the Repair and Refurbishment of the Prefabricated Fiberglass Trellis Notes on Sheets S4.01 & S4.02. This note states that all existing fasteners anchoring the fiberglass trellis system to the concrete structure are to be replaced with 1/4" diameter stainless steel tapcon anchors with a minimum of 1-3/4" embedment into the concrete. Please see Note #4 on Sheets S4.01 & S4.02 for further details. Q#4: Can you inform us where we can obtain the City of Miami Beach prevailing rate schedule? A#4: See attached Ordinance No. 94-2960, appendix "A". Q#5: If bidding as a joint venture are bonds required by both companies? A#5: Section 0300 Minimum Qualifications and Requirements (4) Financial Stability and Strength inadvertently stated "When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above". Joint ventures are not allowed. Bid shall be submitted only by the prime contractor, the City will only contract with the prime contractor. Bids may, however, identify other sub-contractors to the prime bidder who may serve as team members. ITB No.2015-107-JR 03/24/2015 Addendum#3 Page 1 of 2 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: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 joerodriquez@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. Sin er- y, OPP ,AVf Al- Denis Proc, rement Director ITB No. 2015-107-JR 03/24/2015 Addendum#3 Page 2 of 2 MIAMIBEACH 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 ADDENDUM NO. 2 INVITATION TO BID NO. 2015-107-JR FOR 7TH STREET PARKING GARAGE RENOVATION March 23, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. 1. CORRECTION: THIS ADDENDUM DOES NOT MAKE CHANGES TO THE BID TENDER FORM. SEE CORRECTED APPENDIX "C", ADDING BID BOND FORM APPENDIX"C1-a". 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 RafaelGranadoa,miamibeachfl.gov Contact: Telephone: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 joerodriquezna,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. Sin•k ., Ale: Denis Pr curement Director 1TB No. 2015-107-JR 03/23/2015 Addendum#2 Page 1 of 1 APPENDIX C Required Forms for Bid Submittal (Note: Attachments below only apply if the adjacent box is checked) O ATTACHMENT C-la:,Bid Guaranty Form; Unconditional Letter Of Credit ® ATTACHMENT C-1 b: Bid bond Form ® ATTACHMENT C-2: Statement Of Compliance: Prevailing Wage Rate Ordinance O ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages MIAMI MIAMIBEACH BID NO: 2015-107-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: MARCH 25,2015 C-1 a O 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 hereb y 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: 2015-107-JR CITYOF MIAMI BEACH ,1 ,!AMI BEACI°1 DUE DATE: MARCH 25,2015 83 C-1a 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:2015-107-JR CITYOF MIAMI BEACH �I ��,,1 I BEACI-1 DUE DATE: MARCH 25,2015 C-1b ® BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: That we, of as PRINCIPAL, and of as SURETY(S), are hereby held and firmly bound unto the City of Miami Beach, Florida in the penal sum of: $ (numerical figure)/ (written) for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to the City of Miami Beach, Florida, hereinafter called the CITY, its sealed proposal for a contract for: 7th Street Parking Garage Renovation ITB 2015-107-JR NOW THEREFORE, the conditions of this obligation are such that, if said proposal is rejected by the CITY, or if said proposal is accepted by the CITY and the PRINCIPAL shall enter into a contract in the form specified by the CITY in accordance with the terms of the proposal and shall furnish a bond for the faithful performance of said contract in the form specified by the CITY,this obligation shall be null and void. Otherwise it shall remain in full force and effect. In the event that the said proposal is accepted by the CITY and the PRINCIPAL shall fail to enter into the contract as defined herein or shall fail to furnish the performance bond as noted above within ten (10) days of the approval of the award, the PRINCIPAL and SURETY(S) agree to forfeit to the CITY the penal sum herein mentioned, it being understood that the liability of the SURETY(S)shall in no event exceed the penal sum of this obligation. IN WRFPESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL SURETY By By BID NO:2015-107-JR CITYOF MIAMI BEACH MI,,'\ I BEACH DUE DATE:MARCH 25,2015 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: 2015-107-JR CITYOF MIAMI BEACH ,1\1,IAM:BEACH DUE DATE: MARCH 25,2015 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: 2015-107-JR CITYOF MIAMI BEACH MI AM BEACH DUE DATE: MARCH 25,2015 87 M AMI BEACH City of Miami Beach, 1700 Convef;cn Cen er Drive, Miami Beach, Florida 33139, www.miamibecchil.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO BID NO. 2015-107-JR FOR 7TH STREET PARKING GARAGE RENOVATION March 23, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, 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: Friday, March 27, 2015 @ 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 are 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: It has come to our attention and mentioned by several contractors at the site visit yesterday that, the time of completion for this project is too short for the scope of work involved. We consider this project to be approximately a 220 day project. Please advise if time of completion shall be modified. A#1: The Project Completion Timeframe has been changed to 150 Calendar Days for Substantial Completion, and 180 Calendar Days for Final Completion, see Appendixes "C" and "D". Q#2: It shall be necessary to provide during construction and work performed at the exterior, temporary protection and covered walkways around the exterior perimeter of the building for liability purposes. Will this be possible and if so, does the contractor need a special permit for these protection scaffolding? A#2: Please refer to Section 01010 — Summary of Work, under Item 1.06. — Work Sequence, Sub-Item E.9. Installation of overhead protection over the sidewalks is the responsibility of the Contractor and should be designed by a Florida Register Professional Engineer. Contractor is to follow OSHA and City of Miami Beach Regulations and coordinate with the jurisdictional agency overseeing the Right of Way. Regulations from the City of Miami Beach have been attached to this Addendum for reference. Q#3: If a permit is needed for item above (Q#2), who pays for costs? A#3: Permitting and other fee requirements for the project are the responsibility of the Contractor. ITB No. 2015-107-JR 03/23/2015 Addendum#1 Page 1 of 2 Q#4: Will the City maintain all utilities such as water and electricity running during the construction at no expense to the contractor? A#4: Upon the Contractor's request, the City will make available water and electricity available during construction at no expense to the Contractor. Q#5: Can you provide a copy of the sign in sheet for the Pre-Bid Conference? A#5: Sign in sheet attached, see Appendix A. Q#6: Is every steel door and garage door being refinished? A#6: Yes. Q#7: I am looking to see if I can get more information on the pressure grouting for this project and if there is any other foundation support required. A#7: There is no pressure grouting or foundation support requirements on this project. The work requires the application of epoxy crack injection in places but this is very different than pressure grouting. Also, there is no work required to the existing foundation. Q#8: We had requested before and during the meeting and site visit the A-1 bid form in excel form for bidding purposes due to the extensive breakdown required at time of bid A#8: We are not able to provide excel spreadsheet, a pdf readable format form with formulas is attached, see Appendix B. 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: Email: Joe V. Rodriguez, CPPB, FCCM 305-673-7000 ext. 6263 joerodriquez(c�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. Sin.--rel , Ale f enis -rosurement Director ITB No. 2015-107-JR 03/23/2015 Addendum#1 Page 2 of 2 T Appendix "A" -o N 0 I3 I- T . ■--: 0 tz) i ' Ps f--, i ' V .r .r''' n n m (7Q - 6 ,,kc34 ' .* r .-h t 1111111 , .. r 70 0 0 • 1 t: G n z z /� r.-• z g z z ,, WI K S rri ::.-:. /I /2- ._..? rl t' . ° is . r '6 0 --g- F i"- Ti —/ P V Q ,.\\\ &D a :_:,_, (% 4 P 7 o x i o ° i -/ b � m ,- o NJ c a , e g. 2 , ''' e' ? u-k (� 3 ,Q 0")A'l r f g xi r) ,,, kf, -; 'A. ci ( .- t'-- (K\ . rs 9> vr: CI' eci. F g.de-FD a 0, 4 ---6--- m c. y "i... ;;_. rrl ]-0 r'-,, V) .< ....n X .7) J.,N '') 2.. = 0 O ci -� e z rn z z < I --=-7 >4 ' , 1 N rTi * m ,53 7:, S ,,z k)) n V\ Ci ' 'Se '93 15' v.) '''' - \P 1- . ° '`'' —1 , co rn .... X .AL,N R Y.,.. 'tn Z m lb .tit, P rr.-- ....._ , „..... ,•--i` 4qC g ,'1) N '-'1 ) —2 (SL,t C■ '' z V ..-;< I ,.„‘) F c ,A q., r° • ';' (.7-3-q--• vi N. 6., `47- (1- 5:1 t, 01 i 1 r) .' Z vo v---- 4,.... i , i_ , , , ..Nim 74 1 9.- "--.' 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Q 4) co di -s) rm- W U1 , I() O r..P (v N w 43 m W V.1 (PI v! -n i a� . rig CD U.) 0 Appendix "A" 17 N 0 I-� U-1 IL I Lin T........ al lo ,� s n n i1111!4 g o 5 z z 1 f z z 1:', , .P. g . WI K ,0 '1.:-'1 •-• ) v U 3 6-4 ,, � � � V1 N MI,,,,, ,t- : I' z IP . N y a inn � �Ni 0 � �� r‘*2 4 cia P b ` (-- ' D z G� Z 2 � k. �' 0 { I • � n ;z3 D D C . 3 r, S 5 Pzi N m m rn y P o D z o0 szt o 1 0 1 ! z N Inrri 4 .., I. c. ) 0 • bt --, CO .s6 0 1 \ ,$) ,11?) .• m p m el �, �, .� I z rv�' �` 1 D q 11JJ � ki P' 0 � N m —0 0 1 i D. Zi -4 L kiv i W 1 `c., Q rn cl tri CD ara ru N 0 I = Appendix "A" N O N In I _ cn cn p D LP V�. III • �� I - -1 ... ) z J N D rn m E :,--,..-: IF 6 -A-.. . _ m rn cc, �„ N nit r ..) �h\ U ,l() 1....1 ‘Z., Q 6 . --k --to .zi. =i E L, N 70 ' *g Ya...„, g 6. -- °A Cb .. z 1 Z''''' (11 ■' 11 1 L c-6 3 z--I -I 1-4 ‘..... di l' it' n v • r, --3. _' z t.,_ D ..... , 2 ;, 7, Ln L. //z�� l n ----f- S? c4 1 y 61 , s ...., ......., t _.c. d--.,. ,� e+ N m tffi.34' 1 e, A--- po rn Z VI 77 0 � � ^ 3 T z (-1 JP r7 g ---. l '.: 3 -1-*.t..). :37) :I Sij $1' '' Al m — , 77c, " .4c (A _.,—' (..) ;A ...c E. 1 .i. V) —11-11 g Pig , kl k 0 v .7 (.. .. v) „ 5) rro r., 1 � � r r FH Z C` e r i --.4 ou,t , v �.p , y, --): p \A + -- o. '3 Ch —;k1 ' 04 irA. i 'P c H 16-` .te . v- I 'I°O c'Q g, 142 u 6- ,...3 --.6,L) ,„' ,5&1 9es. , frill R) N C.. Gc--- '`.r . ›. -g. 6,', ,c, g 1._:1 5 .) ,,,' t '5?-i 0.3 _....c.. , , , ......)- , v, , . .„ zs, 12 s-:'-., " IP e" .• -::'" 6' , fV O —h V Appendix "B" 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, shoring, 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. BIDDER 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. BIDDER SHALL SUBMIT THE ATTACHED SCHEDULE OF VALUES THAT INCLUDES UNIT PRICE ON THE ATTACHED UNIT BREAKDOWN FORM WITH THEIR BID SUBMITTAL. 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 2015-107-JR: THE 7th STREET PARKING GARAGE RENOVATION COMPANY NAME: Cost General Conditions $ 5,025.00 Structural $ 0.00 Plumbing&Electrical $ 0.00 Landscape $ 0.00 Allowances(Items 66 thru 71) $ 0.00 10%Owner's Contingency $ 502.50 Total Base Bid $ 5,527.50 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: 2015-107-JR CITYOF MIAMI BEACH ;,,,,, ;, ;;.,,, BEACH DUE DATE: MARCH 17,2015 49 �.r Appendix "B" A-1 PROJECT:ITB 2015-107-JR THE 7TH STREET PARKING GARAGE RENOVATION UNIT PRICE BREAKDOWN I Quantity GENERAL CONDITIONS S 0.00 5 0.00 $0.00 S 0.00 S 0.00 GENERAL CONDITIONS TOTAL: $ $5,025.00 STRUCTURAL $0.00 0.00 0.00 0.00 0.00 0.00 • 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BID NO:2015-107-JR CITYOF MIAMI BEACH .AM! DUE DATE: MARCH 17,2015 Appendix "B" A-1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 r0 0.00 na 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 STRUCTURAL TOTAL: $ 0.00 PLUMBING&ELECTRICAL 0.00 0.00 0.00 0.00 EA 0.00 EA 0.00 EA 0.00 EA 0.00 EA 0.00 EA 0.00 BID NO:2015-107-JR CITYOF MIAMI BEACH M A,, ,,1 BEACH DUE DATE: MARCH 17,2015 Appendix "B" A-1 EA 0.00 0.00 0.00 EA 0.00 EA 0.00 EA 0.00 0.00 PLUMBING&ELECTRICAL TOTAL: $ 0.00 LANDSCAPE EA 0.00 EA 0.00 EA 0.00 0.00 0.00 0.00 LANDSCAPE TOTAL: $ 0.00 ALLOWANCES 0.00 0.00 0.00 0.00 0.00 0.00 ALLOWANCE TOTAL: $ 0.00 SUBTOTAL BASE BID $ 5,025.00 $ 502.50 TOTAL BASE BID $ 5,527.50 BID NO:2015-107-JR CITYOF MIAMI BEACH 1;,; , ; ; DUE DATE: MARCH 17,2015 Appendix "C" 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: x❑ 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 N SHALL be applied. Please reference Section 0200 for detailed information. ❑ SHALL NOT be applied. Project Completion Timeframe: 120 150 calendar days, Substantial Completion 450 180 calendar days, Final Completion Liquidated Damages: $1,000.00 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: .oerodri•uezna miamibeachfl.ctov 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(c�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: 2015-107-JR CITYOF MIAMI BEACH BFACH DUE DATE: MARCH 25,2015 Appendix "D" 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. WI T NESS ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty fifty (4.20 150) 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: 2015-107-JR CITYOF MIAMI BEACH ICI' ;v H DUE DATE: MARCH 25,2015 INVITATION TD BID ( ITB THE 7th STREET PARKING GARAGE RENOVATION ITB No. 2015- 107-JR BID ISSUANCE DATE: FEBRUARY 20, 2015 BID OPENING: MARCH 25, 2015 @ 3:00 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 D SUMMARY ,j BEACH INVITATION TO B ' ~`' r - - -- Bid Element Description Invitation to Bid No. 2015-107-J R Estimated Construction Budget $ 2,700,000.00 ITB Title: THE 7TH STREET PARKING GARAGE RENOVATION Basic Description of the Scope of Work: The projects scope consists of renovating the existing Structural deficiencies at the Parking Garage located on 7th Street and Collins Ave.The work set forth within these bid documents includes the furnishing of all labor, materials, shoring, equipment, services, and incidentals for the construction of this project. Bid Issuance: FEBRUARY 20, 2015 Technical Drawings and Specifications are available for free download at: w w.publicourchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Department City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33139 Pre-Bid Conference MARCH 4, 2015 @ 9:00 AM Date, Time, & Location: City Manager Small Conference Room City of Miami Beach ❑ Meeting is Mandatory(only if box is checked) 1700 Convention Center Drive, 4t" Floor Miami Beach, FL 33139 Dial-in Instructions: ® Dial the Telephone Number: 888-270-9936 ® Enter the Meeting Number: 4142489 and then press the pound (#) key (�$ � Site Visit Immediately following the pre-bid conference. Date, Time, & Location: CI Site Visit is Mandatory(only if box is checked) MARCH 4, 2015 @ 10:30 AM Last Day for Receipt of Questions: MARCH 12, 2015 @ 5:00 PM Bid Due Date &Time: MARCH 25, 2015 @ 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Department (respond to): City Hall, Third Floor 1700 Convention Center Drive Miami Beach, FL 33039 BID NO:2015-107-JR CITYOF MIAMI BEACH 5 BEACH DUE DATE: MARCH 17,2015 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: 120 calendar days, Substantial Completion 150 calendar days, Final Completion Liquidated Damages: $1,000.00 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: joerodriquezmiamibeachfl.qov 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.asox?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(c�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:2015-107-JR CITYOF MIAMI BEACH ,.- ; DUE DATE: MARCH 17,2015 3 �` '. �` ` TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS 5 0200 INSTRUCTIONS TO BIDDERS 8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 13 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 15 0500 GENERAL TERMS AND CONDITIONS 17 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS 48 APPENDIX B LIST OF PLANS AND SPECIFICATIONS 79 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL 82 APPENDIX D REQUIRED FORMS (POST-AWARD) 87 APPENDIX E SAMPLE CONTRACT 99 BID NO: 2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 4 BEACH 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 BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 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 Owner's Contingency: The term "Owner's Contingency" shall mean a line item owner's contingency amount contained in the Schedule of Values for the Project , which owner's contingency amount, shall be included within the total base bid for the Project. The Owner's Contingency shall be used as a source of funds for the costs reasonable and necessarily incurred and paid by the Contractor with prior City's approval. The Owner's Contingency is to cover construction related cost which were not specifically foreseeable or quantified as of the date of Bid submittal, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the Contractor's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment in the Contractor Price or extension of the completion date and not inconsistent with the approved final plans and specifications. 1.19 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. BID NO:2015-107-JR CITYOF MIAMI BEACH n BEACH DUE DUE DATE: MARCH 17, 2015 6 1.20 Program Manager: Not applicable. 1.21 Project: The construction project described in the Contract Documents, including the Work described therein. 1.22 Project Initiation Date: The date upon which the Contract Time commences. 1.23 Resident Project Representative: Not applicable. 1.24 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. 1.25 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.26 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. 1.27 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. 1.28 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. 1.29 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Pape Intentionally Left Blank BID NO:2015-107-JR CITYOF MIAMI BEACH - , DUE DATE: MARCH 17, 2015 7 BEACH 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 projects scope consists of renovating the existing Structural deficiencies at the Parking Garage located on 7th Street and Collins Ave. The deficiencies and failures are in the waterproofing, traffic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recerify the electrical lighting protection system. The scope of work will also include restriping of the parking stalls, removal and replacement of plant material in the planter,repairs to the irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis. The work set forth within these bid documents includes the furnishing of all labor, materials, shoring, equipment, services, and incidentals for the construction of this project. 3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 6.1 Examine the Contract Documents thoroughly. 6.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 6.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 6.4 Study and carefully correlate Bidder's observations with the Contract Documents. 6.5 Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 8 E�, {; 5. Location of Work: This Scope of Work shall be completed at the following Locations: City of Miami Beach 270 7th Street 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; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and BID NO:2015-107-JR CITYOF MIAMI BEACH C DUE DATE: MARCH 17,2015 9 �E'a H. �`'"' e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 10. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the 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, shoring, 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 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 BID NO:2015-107-JR CITYOF MIAMI BEACH B` DUE DATE: MARCH 17,2015 10 `"��' 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:v"q e vew: 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 REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: BID NO:2015-107-JR CITYOF MIAMI BEACH -� DUE DATE: MARCH 17,2015 11 BEACH The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. 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 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: 2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 12 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. 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. 2. Previous Experience: Bidders shall submit at least five (5) individual references exemplifying their experience for projects similar in scope and volume involving multi-level concrete restoration projects. References must be projects completed or in progress within the last five (5) years. In addition to the above, the contractor must also exemplify successfully completed projects in an urban, high-traffic setting. 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 firm's ttin a bid, the bidder authorizes City Administration to contact the firm s stated Y 9 � Y 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 BID NO:2015-107-JR CITYOF MIAMI BEACH Q - _j; DUE DATE: MARCH 17,2015 13 � ;� ' statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. DO NOT include Financial Statements with your bid submittal. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. Balance of Page Intentionally Left Blank BID NO:2015-107-JR CITYOF MIAMI BEACH A r" ,� DUE DATE: MARCH 17,2015 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, one (1) 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. MINIMUM QUALIFICATIONS AND REQUIREMENTS Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. - Tab C. FINANCIAL STATEMENTS i. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier Report(SQR) to the prospective Bidder and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 https://supplierportai.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. ii. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- venture must submit financial statements as indicated above. iii. Proposers 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. Tab D. 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. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab E. BID PRICE Bidders are required to submit their bid price using the Bid Proposal Form found in Appendix A, Attachment A-1. BID NO:2015-107-JR CITYOF MIAMI BEACH r,; DUE DATE: MARCH 17, 2015 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 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: 2015-107-JR CITYOF MIAMI BEACH RF A(H DUE DATE: MARCH 17,2015 17 ( ) Bar Chart ( ) Modified CPM () CPM (X) Computerized CPM using the latest edition Primavera P6 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. CONTRACTOR shall provide CONTRACT ADMINISTRATOR with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that • does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE • ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P6, to develop and update the Primavera P6 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to BID NO: 2015-107-JR CITYOF MIAMI BEACH ,.R EAc'r; DUE DATE: MARCH 17,2015 18 CONTRACT ADMINISTRATOR for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. © 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 BID NO:2015-107-JR CITYOF MIAMI BEACH S BE,4, L4 DUE DATE: MARCH 17, 2015 progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within 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 BID NO:2015-107-JR CITYOF MIAMI BEACH :. ‘ ^y BEACH DUE DATE: MARCH 17, 2015 20 Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety com pa n y appe ar s o n the w atch list that is pub li shed quarterly e rl y by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United .States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, BID NO: 2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 21 �E,=��._� recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the 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 on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $5,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. A Waiver of Subrogation in favor of the City is required. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Installation Floater Insurance for the completed value of the project, including coverage for material & equipment to be installed during the course of this project. City of Miami Beach shall be included as a Named Insured on this policy, as its insurable interest may appear. This policy shall remain in force until acceptance of the project by the City. Contractor agrees to waive subrogation in favor of the City. All deductibles for insurance required in the Agreement are the responsibility of the Contractor. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. BID NO: 2015-107-JR CITYOF MIAMI BEACH R E ,-- DUE DATE: MARCH 17,2015 L� �; All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do 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. MIAMI BEACH CITYOF M A, � BID NO: 2015-107-JR 23 ' R,�-`_E,��,�' , DUE DATE: MARCH 17,2015 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of 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 BID NO: 2015-107-JR CITYOF MIAMI BEACH , BEA CH DUE DATE: MARCH 17, 2015 24 information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall 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. BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 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 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. BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 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 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 BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 27 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. 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 BID NO:2015-107-JR CITYOF MIAMI BEACH - , 1:B EACH DUE DATE: MARCH 17,2015 28 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. 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, BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH; DUE DATE: MARCH 17,2015 Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 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. BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 30 " 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its "own organization, amounting to not less than 70% percent of the Contract Price. 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH Bc,,r-Hi DUE DATE: MARCH 17, 2015 31 `�` `- ` 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 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. BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17, 2015 32 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH HACK DUE DATE: MARCH 17, 2015 33 c�r,�r;. 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 after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed 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 BID NO: 2015-107-JR CITYOF MIAMI BEACH 1'BEACH C r DUE DATE: MARCH 17, 2015 34 DL`�'�. Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Chanqe Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 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. BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 35 ��'`'`�� 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or 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 BID NO: 2015-107-JR CITYOF MIAMI BEACH BEACH,- DUE DATE: MARCH 17, 2015 36 ' Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 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. BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 37 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 39.2.3, 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 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH r r- DUE DATE: MARCH 17, 2015 38 `-'�` • � 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH F ,C DUE DATE: MARCH 17,2015 39 �L�~"` 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. 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. BID NO:2015-107-JR CITYOF MIAMI BEACH 'BEACH F DUE DATE: MARCH 17,2015 40 � 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 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH BEACH. ;, H. DUE DATE: MARCH 17,2015 41 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. 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 BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH' DUE DATE: MARCH 17,2015 42 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 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 BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 43 BEACH of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating atin g to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Y 9 ea 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 BID NO:2015-107-JR CITYOF MIAMI BEACH H DUE DATE: MARCH 17, 2015 44 BEACH: 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, 9 , Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. • Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. BID NO: 2015-107-JR CITYOF MIAMI BEACH r-A r-� DUE DATE: MARCH 17,2015 45 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. d. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. e. The emergency procedure for spills, fire, disposal, and first aid. f. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 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, BID NO: 2015-107-JR CITYOF MIAMI BEACH n �r DUE DATE: MARCH 17,2015 46 '��' 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. Balance of Page Intentionally Left Blank BID NO:2015-107-JR CITYOF MIAMI BEACH nr DUE DATE: MARCH 17,2015 47 '�``�v 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17, 2015 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, shoring, 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. BIDDER 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. BIDDER SHALL SUBMIT THE ATTACHED SCHEDULE OF VALUES THAT INCLUDES UNIT PRICE ON THE ATTACHED UNIT BREAKDOWN FORM WITH THEIR BID SUBMITTAL. 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 2015-107-JR: THE 7th STREET PARKING GARAGE RENOVATION COMPANY NAME: Cost General Conditions $ Structural $ Plumbing&Electrical $ Landscape $ Allowances(Items 66 thru 71) $ 10%Owner's Contingency $ 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: 2015-107-JR CITYOF MIAMI BEACH MIAMI BEACH DUE DATE: MARCH 17, 2015 A-1 PROJECT: ITB 2015-107-JR THE 7TH STREET PARKING GARAGE RENOVATION UNIT PRICE BREAKDOWN Div I Item I Description I Quantity I Unit Unit Price I Total GENERAL CONDITIONS BONDS AND INSURANCE 1 1 LS $ $ 2 MOBILIZATION 1 LS $ $ 3 GENERAL CONDITIONS 1 LS $ $ 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $ $ INDEMNIFICATION 5 1 LS $ 25.00 $ 25.00 6 MAINTENANCE OF TRAFFIC 1 LS $ $ 7 ALLOWANCE:PERMIT FEES 1 LS $ 5,000.00 $ 5,000.00 GENERAL CONDITIONS TOTAL: $ STRUCTURAL CONCRETE REPAIRS 8 Repair Type W1—Structural Element Wall—Repair Product—Trowel Applied or 8.8 SF $ $ Form and Cast 9 Repair Type S1—Structural Element Slab—Repair Product—Trowel Applied or 7 SF $ $ Form and Cast 10 Repair Type S3—Structural Element Slab—Repair Product—Trowel Applied 20 SF $ $ w/bonding agent and w.3/16"dia x 214"Long Tapcop Screws 11 Repair Type B1—Structural Element Beam—Repair Product—Trowel Applied or Form and Cast 2.3 SF $ $ 12 Repair Type B2—Structural Element Beam—Repair Product—Trowel Applied w/Bonding Agent 1.5 SF $ $ 13 Repair Type B3-Structural Element Beam-Repair Product-Trowel Applied 19.9 SF $ $ 14 Repair Type CC1-Structural Element Column-Repair Product-Pressure Inject 16 LF $ $ Crack 15 Repair Type Cl-Structural Element Column-Repair Product-Trowel Applied or 43.9 SF $ $ Form and Cast 16 Repair Type C2-Structural Element Column-Repair Product-Trowel Applied or 33.0 SF $ $ Form and Cast 17 Repair Type W2-Structural Element Wall-Repair Product-Trowel Applied or 196.3 �F $ $ Form and Cast 18 Repair Type W3-Structural Element Wall-Repair Product-Trowel Applied or $ $ Form and Cast 30.3 Sr 19 Repair Type W4-Structural Element Wall-Repair Product-Trowel Applied or 36.6 F $ $ Form and Cast 20 Repair Type WC1-Structural Element Wall-Repair Product-Pressure Inject $ $ Crack 147.5 LF 21 Repair Type Hi(Case 1)-Structural Element Slab/Slab-Repair Product-Silicone 24,404 $ $ Sealant LF 22 Repair Type H.I at TGS Surface(Detail 6/S1.02) 4,000 L= $ $ 23 Repair Type H.I(Case 2)—Structural Element Slab/Wall—Repair Product 4,293 LF $ $ Silicone Sealant 24 Repair Type Hi(Case 2)without Backer Rod $ $ 1,431 L:' 25 Repair Type V.1—Structural Element Column/Wall—Repair Product—Silicone 1,104 LF $ $ Sealant. 26 Repair Type SC1-Structural Element Slab-Repair Product-Replace Previously 4,066 LF $ $ Sealed Crack,Polyurethane Elastomeric Sealant 27 Repair Type LP1-Structural Element Light Pole Base-Repair Product-Apply 4 SF $ $ Non-Shrink,Non-Metallic Repair Type PC-Structural Element Planter Wall Connection-Repair Product- 28 Repair/Replace Planter Wall Corroded Steel Angle Connection as Indicated in 118 EA $ $ Section 4/S1.03 BID NO:2015-107-JR CITYOF MIAMI BEACH , .. DUE DATE: MARCH 17,2015 50 BEACH- DUE A®1 Div Item Description _ Quantity Unit Unit Price . . Total • •Repair Type MD-Structural Element Metal Door and Frames-Repair Product- 29 Repair Minor Corrosion and Paint as Indicated in General Corrosion Control 19 EA $ $ Restoration Notes. 30 Repair Type BP-Embedded Bearing Plates-Repair Product-Repair Corrosion 73 =a $ $ and Paint as indicated in General Corrosion Control Restoration Notes 31 Partial depth repair at precast double tee flange connection as indicated on 560 Ea $ $ 2/51.02 OTHER STRUCTURAL ITEMS(AS PER PLANS&SPECS) 32 Re-Coat Level 1&2 Traffic System Waterproofing $ $ 1 LS 33 Cold Applied Planter Waterproofing Membrane ;. LS $ $ 34 Water Repelent Sealant Enviroseal 20 or Equivalent 1 LS $ $ 35 Water Repelent Sealant Enviroseal 40 or Equivalent 1 LS $ $ 36 Re-Stripping and Pavement Markings(3r°-Roof Level) 1 1. $ $ 37 Re-Strippingand Pavement Markings(Ground—2'a.Level) $ $ 1 LS 38 Repair Stair-Hand Rails and Guard Rails 1 LS $ $ 39 Repair Fiberglass Trellis 39a Structural Repairs to Fiberglass Trellis 1 LS $ $ 39b Nonstructural Repairs to Fiberglass Trellis,including Sanding and Cleaning. LS $ $ SeeSheet S1.01 for details. 39c Replacement of fastenersattaching the Fiberglass Trellis to to Concrete LS $ $ surfaces. 39d Coating of Fiberglass Trellis 1 LS $ $ 40 Minor Concreterepairs at all staiways(See Note on Sheet S2.01). Repaired I LS $ $ areas to be painted to match existing adjacent areas. Removal and Replacement of downspiut elbow at existing roof gutter(See 41 Mote on Sheet S2.07),including but not limited to,labor,materials and 1 i_s $ $ installation 42 Installation of surface mounted door bottom aluminum lip at room 1 L3 $ $ STRUCTURAL TOTAL: $ PLUMBING&ELECTRICAL 4:3 Planter Drain Demolition 153 EA $ $ } Planter Drain Piping Demolition 765 $ $ F i� Combination Drains&Overflow 153 $ $ FA in 3"PVC Piping 5.330 $ $ LF 17 3"PVC Fittings&ELLs 570 $ $ EA 13 3"Round x 6"Long Clear PVC Sight Glass 153 $ $ EA 3"Pipe Hangers&Rod w/Inserts 250 $ $ 49 EA SO Water Flow Sensor Pipe Piece 22 EA $ $ ;1 Sensor Monitoring Controller 1 $ $ EA 52 Monitoring Human Interface Pad EA $ $ BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 51 �: BEACH' y A-1 Div . Item Description Quantity Unit • Unit Price Total Lobby Trench Drain 2 $ $ 53 EA. 54 Trench Preparation lu $ $ LF 5� Trench Drain Piping 40 $ $ L Commissioning 1 $ $ 56 EA ti7 Lightning Protection System Repair/Replace/Upgrade 1 $ $ EA S$ Electrical Service for Office Controller&Pad 1 FA $ $ 59 Sensor Monitoring Wiring&Conduit 1,600 $ $ LE PLUMBING&ELECTRICAL TOTAL: $ LANDSCAPE �0 Red tip Cocoplum 254 E4 $ $ 61 Small-Leaf Clusia _3 0 EA $ $ Silver Button Wood .513 62 EA $ $ Irrigation as per plans and specs.Using existing booster porno,sleeves,and 63 ] LS $ $ risers going to all floors. Furnish,Placement,and installation of70/30 Soil $ $ r4 :,200 C`( Removal,hauling and disposal of existing soil and remaining rocs system from 65 planters and disconnect irrigation system,remove existing leak pipe and cap all 1 LS $ $ lines. LANDSCAPE TOTAL: ,$ ALLOWANCES Allowances:Allowance for each different type of orientation concrete repair,assuming 4 inches deep for all concrete repair and 3 inchs deep for cracks. Horizontal Repairs 66 240 SF $ $ Overhead Repairs • 67 40 SF $ $ Vertical Repair 68 70 SF $ $ Column/Bean Repairs $ $ 69 55 SF 70 Repairs to Horizontal and Verical Cracks 1,050 LF $ $ Non-Structural and Structural Repairs to Figreglass Trellis 71 1 LS $ $ ALLOWANCE TOTAL: $ SUBTOTAL BASE BID $ OWNER'S CONTINGENGY(10%) $ TOTAL BASE BID $ BID NO:2015-107-JR CITYOF MIAMI BEACH •;•L',,..',, • �ci-i, DUE DATE: MARCH 17,2015 52 �' City of Miami Beach, Florida 1700 Convention Center Drive A-2 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. 2015-107-JR THE 7th STREET PARKING GARAGE RENOVATION The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DATE: MARCH 17,2015 BEACH A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: aAn e}nc t. r 'e�. `t • . ,.. rfi Atnendm. e mt E 1 e ilstri`e'd - jd Issued e...�d-_i2 7_N fr lguxnbery Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line '1: Address Line 2: Telephone Number: E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:2015-107-JR CITYOF MIAMI BEACH `E �, DUE DATE: MARCH 17,2015 54 ' 'r.F' 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:2015-107-JR CITYOF MIAMI BEACH .^ r- A r'L-4 •DUE DATE: MARCH 17,2015 55 - "� =' 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:2015-107-JR CITYOF MIAMI BEACH ,. �_, DUE DATE: MARCH 17,2015 56Fr„-: 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: BID NO:2015-107-JR CITYOF MIAMI BEACH • DUE DATE: MARCH 17,2015 57 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:2015-107-JR CITYOF MIAMI BEACH ,. BEACH DUE DATE: MARCH 17,2015 58 A®3 L 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17, 2015 59 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? El Yes ❑No If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach pursuant to City Code. 15. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes ❑No BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 60 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:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 61 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. 2014-095-SR. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH �` DUE DATE: MARCH 17,2015 62 �i .) 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: 2015-107-JR CITYOF MIAMI BEACH ,j BEACH DUE DATE: MARCH 17,2015 63 • • 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:2015-107-JR CITYOF MIAMI BEACH V. ,. . DUE DATE: MARCH 17,2015 64 BEA '` 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:2015-107-JR CITYOF MIAMI BEACH (- DUE DATE: MARCH 17,2015 65 br`y '` '' 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:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 66 A-6 with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH, DUE DATE: MARCH 17,2015 67 �'�` '`"' A-6 MIAMI BEACH DECLARATION:ION: I�ev11v1vvomiso®lara o vva• I��r�v�5 AND BENEFITS S 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 El 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 68 BEACH:,. • 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:2015-107-JR CITYOF MIAMI BEACH B r 1 DUE DATE: MARCH 17,2015 69 ,; �""`� r 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:2015-107-JR CITYOF MIAMI BEACH ,, DUE DATE: MARCH 17,2015 70 `t,tip"' 1 i A-6 MIAMIBEACH KtASUNALSLL MtASUKtb AF'I'LIUAI ION 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:2015-107-JR CITYOF MIAMI BEACH ,:BEACH DUE DATE: MARCH 17,2015 71 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:2015-107-JR CITYOF MIAMI BEACH BEACH' DUE DATE: MARCH 17,2015 72 A®6 MIAMI BEACH 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:2015-107-JR CITYOF MIAMI BEACH BEACH, DUE DATE: MARCH 17,2015 73 B. Administrative Actions and Request for Extension -6 Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3)months from the date the contract with the City is entered into. For 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:2015-107-JR CITYOF MIAMI BEACH , ` REACH�- DUE DATE: MARCH 17,2015 74 r t E`z;� 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: 2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 75 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: 2015-107-JR CITYOF MIAMI BEACH ti _: , •. BEACH DUE DATE: MARCH 17,2015 76 Cr.., 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: 2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 77 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. _; ?e 'cet lage of ,cycled• �` � Material:Used tonte-At BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 78C�e�C Ap p E D ix B List of Plans and Specifications MIAMIBEACH BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH. DUE DATE: MARCH 17,2015 79 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 7th STREET PARKING GARAGE RENOVATION DRAWINGS 1 COVER SHEET& INDEX OF DRAWINGS 2 S1.01 GENERAL STRUCTURAL NOTES, ESTIMATED REPAIR QUANTITIES FOR UNIT PRICE WORK AND KEY PLAN 3 S1.02 SECTIONS AND TYPICAL DETAILS 4 51.03 SECTIONS AND TYPICAL DETAILS 5 S2.01 GROUND FLOOR PLAN AND PARTIAL SECOND PARKING LEVEL PLAN 6 S2.02 SECOND PARKING LEVEL PLAN 7 S2.03 THIRD PARKING LEVEL PLAN 8 S2.04 FOURTH PARKING LEVEL PLAN 9 S2.05 FIFTH PARKING LEVEL PLAN 10 S2.06 SIXTH PARKING LEVEL PLAN 11 S2.07 PARTIAL ROOF LEVEL PLAN 12 S4.01 EAST AND WEST ELEVATIONS 13 S4.02 NORTH AND SOUTH ELEVATIONS 14 E2.01 PARTIAL ROOF LEVEL LIGHTNING PROTECTION PLAN PARTIAL GROUND LEVEL CONTROL ROOM PLAN,SENSOR RISER DIAGRAM, 15 P0.01 H.I./CONTROLLER, & DRAIN DETAILS 16 P0.02 PLANTER DRAINAGE ISOMETRIC PIPIN LAYOUTS AND CONTROLLER SYSTEM DIAGRAMS 17 L2.000 LANDSCAPE ELEVATIONS 18 L2.001 LANDSCAPE ELEVATIONS 19 L2.002 PLANTER IRRIGATION 20 L2.003 IRRIGATION SPEC SHEET THE 7th STREET PARKING GARAGE RENOVATION SPECIFICATIONS 21—25 02419 SELECTIVE DEMOLITION 26—29 02920 PLANTING SYSTEM 30—38 03013 MAINTENANCE OF CAST-IN-PLACE CONCRETE 39—45 07141 COLD FLUID-APPLIED WATERPROOFING 46-50 07 1900 SILANE WATER REPELLENTS 51—58 07920 JOINT SEALANT 59—62 09113 PAVEMENT MARKING AND RESTRIPING PAINT 63 -69 09913 PAINTING BID NO:2015-107-JR CITYOF MIAMI BEACH ,:B�,,f ,-�,�, DUE DATE: MARCH 17, 2015 80 �r,�. B CONTRACT DOCUMENTS AS DEVELOPED BY CITY OF MIAMI BEACH CAPITAL IMPROVEMENT DEPARTMENT Page Sheet No./ Title/Description Spec. No. THE 7th STREET PARKING GARAGE RENOVATION SPECIFICATIONS—DIVISION 1 70 TOC Table of Contents 71—91 01010 Summary of Work 92—95 01025 Measurements and Payment 96—99 01031 General Project Procedures 100—103 01045 Cutting and Patching 104—105 01050 Field Engineering 106 01060 Regulatory Requirements and Permits 107—110 01070 Abbreviations 111-113 01090 Reference Standards 114—116 01152 Applications for Payment 117—120 01200 Project Meetings 121-136 01311 Schedules and Reports 137—143 01340 Shop Drawings, Product Data and Samples 144—147 01380 Construction Photography 148—152 01400 Quality Control 153—157 01410 Testing Laboratory Services 158—160 01505 Mobilization,Site-Prep. and Demovilization 161-164 01510 Temporary Utilities 165—166 01520 Construction Aids 167—174 01530 Protection of Existing Facilities 175—178 01550 Site Access and Storage 179—184 01560 Temporary Controls 185—187 01570 Traffic Regulations 188—190 01580 Project Identification and Signs 191—196 01600 Material and Equipment 197—198 01660 Equipment Testing and Starup 199—203 01700 Contract Closeout 204—205 01710 Cleaning 206—213 01720 Project Record Documents 214—221 01730 Operating and Maintenance Data 222 -224 01740 Guarantees and Bonds BID NO:2015-107-JR CITYOF MIAMI BEACH AMI BEACH ; B E ,C r- DUE DATE: MARCH 17,2015 81 A EN Dix 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 MIAMI BEACH BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 82 C-1 ❑ BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID NO:2015-107-JR CITYOF MIAMI BEACH er 1 BEACH DUE DATE: MARCH 17,2015 83 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:2015-107-JR CITYOF MIAMI BEACH ,r--, DUE DATE: MARCH 17,2015 84 L'�r'� 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 b 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 85 '� '�' � 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 Required Forms Cwost-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 MIAMI BEACH BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 87 D-1 FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 88 D-i 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) i / Zi (C ty State/ p Code) Telephone No.: _ BID NO:2015-107-JR CITYOF MIAMI BEACH _ =_ DUE DATE: MARCH 17,2015 89 BE 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:2015-107-JR CITYOF MIAMI BEACH .BEACH DUE DATE: MARCH 17,2015 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:2015-107-JR CITYOF MIAMI BEACH BEACH, DUE DATE: MARCH 17,2015 91 E�E r.�.i , D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 92 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: 2015-107-JR CITYOF MIAMI BEACH ` BEACH DUE DATE: MARCH 17,2015 93 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:2015-107-JR CITYOF MIAMI BEACH Er DUE DATE: MARCH 17,2015 94 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:2015-107-JR CITYOF MIAMI BEACH :., t CH DUE DATE: MARCH 17,2015 95 ` .E`:"` ` 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 96 BEACH 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:2015-107-JR CITYOF MIAMI BEACH E A(';.y, DUE DATE:MARCH 17,2015 97 SCI D®7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 BID NO:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17, 2015 98 APPEN V,' IX E Sample contract MIAMIBEACH BID NO:2015-107-JR CITYOF MIAMI BEACH , ,. CH BE; DUE DATE: MARCH 17,2015 99 ter,.__ 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 one hundred and twenty (120) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. BID NO: 2015-107-JR CITYOF MIAMI BEACH "\A',A,;\r`,i BEACH DUE DATE: MARCH 17,2015 100 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) 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:2015-107-JR CITYOF MIAMI BEACH BEACH -, DUE DATE: MARCH 17,2015 101 ' [] 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 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:2015-107-JR CITYOF MIAMI BEACH •BEACH DATE: MARCH 17,2015 102 � 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 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. BID NO: 2015-107-JR CITYOF MIAMI BEACH f DUE DATE: MARCH 17,2015 103 BEACH 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 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director BID NO:2015-107-JR CITYOF MIAMI BEACH 'BEACH DUE DATE: MARCH 17,2015 104 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:2015-107-JR CITYOF MIAMI BEACH BEACH DUE DATE: MARCH 17,2015 105 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:2015-107-JR CITYOF MIAMI BEACH ; , , BEACH DUE DATE: MARCH 17,2015 106 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:2015-107-JR CITYOF MIAMI BEACH ;: • DUE DATE: MARCH 17,2015 107 �`�'� h ATTACHMENT C Bidder's Response to the ITB ATTACHMENT C Bidder's Response to the ITB ALLIED' CONTRACTORS Project: City of Miami Beach The 7th Street Parking Garage Renovation Bid Opening Date: April 1st, 2015 Time: 3:00 pm Name of Bidder: Allied Contractors, Inc. Address: 2302 West 79th Street Hialeah, Florida 33016 Email: Armando @allied-contractors.com Telephone: (305) 819-4599 Facsimile: (305) 825-4877 Federal Tax No.: 65-0271339 Declaration of Corporation: Florida Incorporated Corporate Officer: rmando Carca • - *resident Ar i Date: April 1St, 015 Table of Contents: 1. Bid Documents, Page 48 to 78 2. Attachment A-1 ITB Price Form and Unit Price Breakdown Form 3. Attachment A-2 Bid Tender Form 4. Attachment A-3 Supplement to Bid Tender Form:Contractor Qualification Statement 5. Attachment A-4 Supplement to Bid Tender Form: Non Collusion Certificate 6. Attachment A-5 Supplement to Bid Tender Form: Drug Free Workplace Certification 7. Attachment A-6 Supplement to Bid Tender Form: Equal Benefits Ordinance 8. Attachment A-8: Supplement to Tender Form: Recycled Content Informantion 9. Bid Bond Forms C-lb 10.Organizational Chart 11.Resume: Armando Carcache 12.Resume: Rollman Castro 13.General Contractor License 14.Local Business Tax Receipt - 15.City of Hialeah Tax Receipt Dade:2302 West 79th Street,Hialeah,FL 33016 P:(305)819-4599 F:(305)825-4877 Broward:4700 Sheridan Street,J16,Hollywood,FL 33021 P:(954)556-8830 F:(305).825-4877 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 MIAMI BEACH BID NO: 2015-107-JR CITYOF MIAMI BEACH ;. E �..'S£w. 0 s DUE DATE: MARCH 17,2015 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, shoring, 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. BIDDER 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. BIDDER SHALL SUBMIT THE ATTACHED SCHEDULE OF VALUES THAT INCLUDES UNIT PRICE ON THE ATTACHED UNIT BREAKDOWN FORM WITH THEIR BID SUBMITTAL. 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 2015-107-JR: THE 7th STREET PARKING GARAGE RENOVATION COMPANY NAME: Allied Contractors, Inc. Cost General Conditions $ 165,025.00 Structural $ 960,805.63 Plumbing&Electrical $ 340,550.00 Landscape $ 200,003.75 Allowances(Items 66 thru 71) $ 84,687.50 10%Owner's Contingency $ 175,107.19 Total Base Bid $ 1,926,179.07 One Million Nine Hundred Twenty Six Thousand One Hundred Seventy Nine and Seven Cents PROJECT SHALL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER. Section 2- Bidder's Affirmation: Company: Allied Contractors, Inc. Address Line 1: 2302 West 79th Street Hialeah, Fl 33016 Address Line 2: Telephone: (305) 819-4599 Email: armando (lied-contractors.com Signature: Title/Printed Na e: Armando C. t he 'res.•ent Submitted: April 1st, 2015 Date BID NO: 2015-107-JR CITYOF MIAMI BEACH j; AM._ Ac•H DUE DATE: MARCH 17,2015 , A-1 PROJECT:ITB 2015-107-JR THE 7TH STREET PARKING GARAGE RENOVATION UNIT PRICE BREAKDOWN . -Div I Item I Description . I Quantity I Unit I Unit Price I Total GENERAL CONDITIONS BONDS AND INSURANCE 1 1 LS $60,000.00 $ 60,000.00 MOBILIZATION 2 1 LS $ 28,000.00 $ 28,000.00 GENERAL CONDITIONS 3 1 LS $ 30,000.00 $ 30,000.00 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $ 12,000.00 $ 12,000.00 . INDEMNIFICATION 5 1 LS $ 25.00 $ 25.00 6 MAINTENANCE OF TRAFFIC 1 LS $ 30,000.00 $ 30,000.00 ALLOWANCE:PERMIT FEES 7 1 LS $ 5,000.00 $ 5,000.00 GENERAL CONDITIONS TOTAL: $ 165,025.00 STRUCTURAL CONCRETE REPAIRS . Repair Type W1-Structural Element Wall-Repair Product-Trowel Applied or 8 Form and Cast 8.8 SF $ 281.25 $ 2,475.00 9 Repair Type S1-Structural Element Slab-Repair Product-Trowel Applied or SF $ $ Form and Cast 281.25 1,968.75 Repair Type S3-Structural Element Slab-Repair Product-Trowel Applied 10 w/bonding agent and w.3/16"dia x 21A"Long Tapcop Screws 20 SF $ 140 .63 $ 2,812.50 Repair Type B1-Structural Element Beam-Repair Product-Trowel Applied or 11 Form and Cast 2.3 SF $ 280.98 $ 646.25 . Repair Type B2-Structural Element Beam-Repair Product-Trowel Applied 12 w/Bonding Agent 1.5 SF $ 312.50 $ 468.75 13 Repair Type 93-Structural Element Beam-Repair Product-Trowel Applied 19.9 SF $ 187.50 $ 3,731.25 14 Repair Type CCU.-Structural Element Column-Repair Product-Pressure Inject 16 LF Crack $ 156.25 $ 2,500.00 Repair Type C1-Structural Element Column-Repair Product-Trowel Applied or 15 43.9 SF $ $ Form and Cast 156.24 6,858.79 16 Repair Type C2-Structural Element Column-Repair Product-Trowel Applied or 33.0 SF Form and Cast $ 153.86 $ 5,077.50 17 Repair Type W2-Structural Element Wall-Repair Product-Trowel Applied or 196.3 S= Form and Cast $ 143.75 $ 28,217.50 Repair Type W3-Structural Element Wall-Repair Product-Trowel Applied or 18 Form and Cast 30.3 SF $ 187.50 $ 5,681.25 19 Repair Type W4-Structural Element Wall-Repair Product-Trowel Applied or S=36.6 Form and Cast $ 187.50 $ 6,862.50 20 Repair Type WC1-Structural Element Wall-Repair Product-Pressure inject 147.5 Crack LF $ 143.79 $ 21,203.13 21 Repair Type Hi(Case 1)-Structural Element Slab/Slab-Repair Product-Silicone 24,404 LF Sealant $ 5.00 $ 122,020.00_ Repair Type Hi at TGS Surface(Detail 6/51.02) 22 4,000 LF $ 5.00 $ 20,000.00 23 Repair Type�i(Case 2)-Structural Element Slab/Wall-Repair Product 4,293 LF -Silicone Sealant $ 5.00 $ 21,465.00 24 Repair Type Hi(Case 2)without Backer Rod 1,431 LF $ 5.00 $ 7,155.00 25 Repair Type Vi-Structural Element Column/Wall-Repair Product-Silicone 1104 LF Sealant. ' $ 5.00 $ 5,520.00 Repair Type SC1-Structural Element Slab-Repair Product-Replace Previously 26 Sealed Crack,Polyurethane Elastomeric Sealant 4,066 LF $ 5,00 $ 20,330.00 27 Repair Type LP1-Structural Element Light Pole Base-Repair Product-Apply 4 SF Non-Shrink,Non-Metallic $ 156.25 $ 625.00 Repair Type PC-Structural Element Planter Wall Connection-Repair Product- 28 Repair/Replace Planter Wall Corroded Steel Angie Connection as Indicated in 118 EA $ 143.75 $ 16,962.50 Section 4/S1.03 BID NO:2015-107-JR CITYOF MIAMI BEACH ,, t; ; < i DUE DATE: MARCH 17,2015 50 ;,:. € =.Y BL ACS' • A-1 Div Item Description Quantity Unit Unit Price Total Repair Type MD-Structural Element Metal Door and Frames-Repair Product- 29 Repair Minor Corrosion and Paint as Indicated in General Corrosion Control 19 E:t Restoration $ 187.50 $ 3,562.50 estoration Notes. Repair Type B?-Embedded Bearing Plates-Repair Product-Repair Corrosion 30 and Paint as indicated in General Corrosion Control Restoration Notes 73 Er` $ 143.75 $ 10,493.75 Partial depth repair at precast double tee flange connection as indicated on 31 2,,5.02 560. Ea $ 94.20 $ 52,750.00 OTHER STRUCTURAL ITEMS(AS PER PLANS&SPECS) 1 $ 369,386.88 32 Re-Coat Level 1&2 Traffic System Waterproofing 1 $ 8.15 $ 215,418.75 Cold Applied Planter Waterproofing Membrane 33 1 LS $101,000.00 $ 101,000.00 34 Water Repe!ent Sealant Envirosea!20 or Equivalent 1 $ 31,250.0C $ 31,250.00 35 Water Repelent Sealant.Enviroseal 40 or Equivalent 1 $ 31,250.00 $ 31,250.00 36 Re-Stripping and Pavement Markings(3 -Roof Level) 1 LS $31,250.00 $ 31,250.00 37 Re-Strippingand Pavement Markings(Ground—2".Level) 1 LS $ 12,250.00 $ 12,250.00 38 Repair Stair-Hand Rails and Guard Rails 1 LS $ 43,750.00 $ 43,750.00 39 Repair Fiberglass Trellis $ 15,000.00 Structural Repairs to Fiberglass Trellis 39a 1 LS $ 18,500.00 $ 18,500.00 . 39b Nonstructural Repairs to Fiberglass Trellis,including Sanding and Cleaning. 1 SeeSheet 51.01 for details. :S $ 30,000.00 $ 30,000.00 39c Replacement of fastenersattaching the Fiberglass Trellis to to Concrete 1 $ 11,125.00 $ 11,125.00 surfaces. 39d Coating of Fiberglass Trellis 1 LS $ 37,500.00 $ 37,500.00 Minor Concreterepairs at all staiways(See Note on Sheet 52.01). Repaired 40 areas to be painted to match existing adjacent areas. 1 $ 7,500.00 $ 7,500,00 Removal and Replacement of downspiut elbow at existing roof gutter(See 41 Mote on Sheet 52.07).Including but not limited to labor,materials and 1 •LS $ $ installation 2,500.00 2,500.00 Installation of surface mounted door bottom aluminum lip at room 42 1 LS $ 3,125.00 $ 3,125.00 STRUCTURAL TOTAL: $591,418.75 PLUMBING&ELECTRICAL 43 Planter Drain Demolition 153 EA $ $ 125.00 19,125.00 Planter Drain Piping Demolition /65 `F $ $ "` 15.00 11,475.00 Combination Drains&.Overflow 153 $ $ 45 EE, • 816.99 125,000.00 3"PVC Piping 5,330 $ $ LF 18.64 99,375.00 3"PVC Fittings&ELLS 670 0 $ $ `:7 EA 13.13 8,793.75 3"Round x 6"Long Clear PVC Sight Glass 153 $ $ 48 EA 26.14 4,000.00 3 Pipe-!angers s Roy: w%inser`s 260 EA 14.25 3,706.25 Water Flow Sensor Pipe Piece 22 $ $ 50 EA 100.00 . 2,200.00 Sensor Monitoring Controller 1 $ $ 51 EA 19,000.00 19,000.00 Monitoring Human Interface Pad 1 $ $ 52 EA 2,000.00 2,000.00 BID NO: 2015-107-JR CITYOF MIAMI BEACH >, ,: BEACH DUE DATE: MARCH 17,2015 51 `' '''' A-1 Div Item Description Quantity Unit Unit Price Total Lobby Trench Drain 2 $ $ 5.3 EA 312.50 625.00 Trench Preparation 40 $ $ 54 LF 50.00 2,000.00 Trench Drain Piping 40 $ $ 55 i F 43.75 1,750.00 commissioning a $ $ 56 EA 500.00 500.00 Lightning Protection System Repair/Replace/Upgrade 1 $ $ 57 -. EA 2,000.00 2,000.00 Electrical Service for Office Controller&Pad 1 $ $ A 58 E 1,000.00 1,000.00 Sensor Monitoring Wiring&Conduit 1,600 $ $ 59 LF 23.75 38,000.00 PLUMBING&ELECTRICAL TOTAL: $ 340,550.00 LANDSCAPE Red Tip Cocoplum 254 60 EA $ 32.50 $ 8,255.00 Small-Leaf Clusia 339 61 EA $ 31.25 $ 10,593.75 Silver Button Wood 518 62 EA $ 50.50 $ 26,159.00 Irrigation as per plans and specs.Using existing booster pump,sleeves,and 63 . • ri 1 LS $sers Lzoing to all floors. 15,000.00 $ 15,000.00 Furnish,Placement,and installation of70/30 Soil 64 1,200 CY $ 60.83 $ 72,996.00 Removal,hauling and disposal of existing soil and remaining root system from 65 planters anci disconnect irrigation system,remove existing leak pipe and ca.p ail 1 LS $ 67,000.00 $ lines. 67,000.00 , . LANDSCAPE TOTAL: $ 200,003.75 ALLOWANCES Allowances:Allowance for each different type of orientation concrete repair,assuming 4 inches deep for all concrete repair and 3 inchs deep for cracks. Horizontal Repairs 66 240 SF $ 150.00- $ 36,000.00 Overhead Repairs 57 40 Sr $ 150.00 $ 6,000.00 _ Vertical Repair 68 70 SF $ 150.00 $ 10,500.00 _ Column/Bean Repairs 69 55 SF $ 150.00 $ 8,250.00 Repairs to Horizontal and Verica Cracks 70 1,050 LF $ 3.75 $ 3,937.50 Non-Structural and Structural Repairs to Figreglass Trellis 71 1 LS $20,000.00 $ 20,000.00 ALLOWANCE TOTAL: . $ 84,687.50 SUBTOTAL BASE BID ,. . 751,071.88 OWNER'S CONTINGENGY(10%) $ 175,107.19 • TOTAL BASE BID 1,926,179.07 BID NO: 2015-107-JR CITYOF MIAMI BEACH WI-;, , ,./,:-BEA CE-1 DUE DATE: MARCH 17,2015 52 r City of Miami Beach, Florida 1700 Convention Center Drive A-2 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. 2015-107-JR THE 7th STREET PARKING GARAGE RENOVATION The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 53 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 March 23rd, 2015 Amendment 6 Amendment 2 March 23rd, 2015 Amendment 7 Amendment 3 March 24th,2015 Amendment 8 Amendment 4 March 25th,2015 Amendment 9 Amendment 5 March 31 st,2015 Amendment 10 Attached is a Bid Bond 11, 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: Allied Contractors, Inc. Address Line 1:. 2302 West 79th Street Hialeah, Fl 33016 Address Line 2: Telephone Number: (305) 819-4599 E-mail Address: armando @allied-contractors.com Social Security Number: OR Federal I.D. Number: 65-0271339 Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) . WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:2015-107-JR CITYOF MIAMI BEACH 54 DUE DATE: MARCH 17,2015 A_2 (Sign below if incorporated) Allied Contractors, Inc. ATTEST: - (Type or Print Name of Corporation) Secretary (Sign.(- and Tit e) (CORPORATE SEAL) Armando Carcache, President (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida . CITYOF MIAMI BEACH z BID NO:2015-107-JR ,.;.:.... H DUE DATE: MARCH 17,2015 55 ``` 'Y ,: '�"` • 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 State Certified General Contractor CGC060070 23 Miami Dade County Local Business Tax Receipt 4190989 23 City of Hialeah Business Tax Receipt 236115-42 23 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? General Construction 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. Ft. Lauderdale / Hollywood Intl Airport Palm Garage Parking Structural Repairs Completion Date: January 30th, 2015 5. Have you ever failed to complete any work awarded to you? If so, where and why? No 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. N/A 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in - solicitation. . SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.. BID NO: 2015-107-JR CITYOF MIAMI BEACH ,, BEACH DUE.DATE: MARCH 17,2015 56 . 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 a . 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: Allied Contractors, Inc. B. The business is a: ❑ Sole Proprietorship ❑ Partnership El Corporation C. The address of principal place of business is: 2302 West 79th Street Hialeah, Fl 33016 D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Name Title Armando Carcache President BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 57 '' 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. Worldwide Development& Investments, Inc. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. None G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). None H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a.description of the subject matter of the dispute; and the final outcome of the claim. None • BID NO:2015-107-JR CITYOF MIAMI BEACH ;...,. A BEACH DUE DATE: MARCH 17,2015 58 {` 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. None J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. No K. Under what conditions does the Bidder request Change Orders? If Unforeseen Conditions arrises L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. N/A • • CITYOF MIAMI BEACH -:;r` _ < BID NO:2015-107-JR i =,a is‘A `C .t DUE DATE: MARCH 17,2015 59 ' I A-3 11. Individuals or entities (including our sub-consultants) with a controlling financial interest: N/A have N/A 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. N/A 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 16No 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 No If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach pursuant to City Code. 15. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes No BID NO:2015-107-JR CITYOF MIAMI BEACH ri -: =,s'. B DUE DATE: MARCH 17,2015 60 ,. ' ` • 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 CORPORATIONS _ Allied Contractors, Inc. Signature Print Name of Corporation rmando Carcache 2302 West 79th Street Hialeah, Fl 33016 Print Name Address Title:' President WITNESS: •• ature Print Name Title: (CORPORATE SEAL) Attest: Secretary MIAMI BEACH Mm3 BID NO:2015-107-JR � CITYOF 61 DUE DATE: MARCH 17,2015 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 1st day of April , 2015. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014-095-S SIGNATURE Armando Carcache PRINTED NAME . President . TITLE (IF CORPORATION) • CITYOF MIAMI BEACH ;< . BID NO:.2015-107-JR 1 ,��;r E , DUE DATE: MARCH 17,2015 62 . 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). CITYOF MIAMI BEACH , ,, BID NO:2015-107-JR :�; �- i��:�� __�; DUE DATE: MARCH 17,2015 63 ' �,5',`_< 5� r': A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION =---s.--..0.4' /01111 41;"7 1 (Bidder • ignatur-' Allied Contractors, Inc. (Print Vendor Name) STATE OF Florida COUNTY OF Miami-Dade • The foregoing instrument was acknowledged before me this 1st day of April , 20 15, by Armando Carcache as (name of person whose signature is being notarized) President (title) of Allied Contractors, Inc. (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: In: ure) (Print Name) � r pU Notary Public State of Florida ° �^ Maria M Torres ;� -- a My Commission EE144355 ''F Ors°� Expires 11ro7;20�5 My commission e ,,• __ BID NO:2015-107-JR - CITYOF MIAMI BEACH ;f=f ;B A . DUE DATE: MARCH 17,2015 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:2015-107-JR CITYOF MIAMI BEACH - ;. 4,1 E `C,;,, DUE DATE: MARCH 17,2015 65 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:2015-107-JR CITYOF MIAMI BEACH a , BEACH DUE DATE: MARCH 17,2015 66 f`.; `f A-6 with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; . • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank • BID NO: 2015-107-JR CITYOF MIAMI BEACH :;: DUE DATE: MARCH 17,2015 ;``;; 4 =; , z s A-6 M ::"Afv\IBEAcH DECLARATION: h...i.iaeta.,o.iimi.,, • s,%;TS AND BENEFITS Section 1.Vendor Information Name of Company: Allied Contractors, Inc. Name of Company Contact Person: Armando Carcache, President Phone Number: (305) 819-4599 Fax Number: (305) 825-4877E-mail: armando(dallied-contractors.com Vendor Number(if known): Federal ID or Social Security Number: 65-0271339 Approximate Number of Employees in the U.S.: 12 (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes X No Union name(s): Section 2.Compliance Questions Question 1.Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑Race Nof Yes_No ['Sex ',Yes_No ❑Color ',Yes_No ❑Sexual Orientation "/Yes_No ❑Creed Nif Yes_No ❑Gender Identity(transgender status) ' Yes_No [Religion /Yes_No ❑Domestic partner status vi Yes_No • ❑National origin Yes_No ❑Marital status Yes_No ❑Ancestry Yes_No ❑Disability Yes_No • ❑Age /Yes_No EAIDS/HIV status • Yes No E 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: 2015-107-JR CITYOF MIAMI BEACH =, f;4j= ,`sH DUE DATE: MARCH 17,2015 68 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 X 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 X 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 N/A N/A N/A Sick Leave N/A N/A N/A Family Medical Leave N/A N/A N/A Bereavement Leave N/A N/A N/A If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.qov/procurement/ BID NO: 2015-107-JR CITYOF MIAMI BEACH ; y f: s. s i BEACH . - DUE DATE: MARCH 17,2015 69 ` .," • 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 xNo N/A 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 1St day of April ,in the year 2015 ,at Hialeah , FL 2302 West 79th Street Signature Mailing Address Armando Carcache Hialeah, Florida 33016 Name of Signatory City,State,Zip Code President Title BID NO:2015-107-JR CITYOF MIAMI BEACH BF:AC Hi DUE DATE: MARCH 17,2015 70 A-6 mjAAAIBEACH RtASUNAtiLt MtASUKtS AF'F'LIGAI 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 "NON APPLICABLE" BID NO:2015-107-JR CITYOF MIAMI BEACH MA N\ BEACH DUE DATE: MARCH 17,2015 - 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:2015-107-JR CITYOF MIAMI BEACH :r {. 3. BF AC µ= DUE DATE: MARCH 17,2015 A-6 MIAMIBEACH SUBS'......... __.... _.....__-._..._..._...._.. 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: N/A Date nondiscriminato ry benefits will be available: N/A Reason for Delay: N/A Description of efforts being undertaken to end discrimination in benefits: N/A BID NO:2015-107-JR CITYOF MIAMI BEACH B A DUE DATE: MARCH 17,2015 73 ".. • B. Administrative Actions and Request for Extension A-V 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: Allied Contractors, Inc. does not discriminate of any sex, race or religion If requesting extension beyond three months, please explain basis: N/A 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:2015-107-JR CITYOF MIAMI BEACH DUE DATE: MARCH 17,2015 74 ,°5.-'t f f,Y'z, 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. Allied Contractors, Inc. 2302 W. 79th Street Name of Com any(please print) Mailing Address of Company A00/ • Hialeah, Florida 33016 Signature City, State,Zip Armando Carcache (305) 819-4599 Name of Signatory(please print) Telephone Number President April 1st, 2015 Title Date MIAMI BEACH �� M.= -_ CITYOF M f - BID NO:2015-107-JR 75 4 { ��" DUE DATE: MARCH 17,2015 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 N/A • Total $ Allied Contractors, Inc. Name • er Authorized Sign a of der BID NO:2015-107-JR CITYOF MIAMI BEACH t-f; ,f;1 s / x DUE DATE: MARCH 17,2015 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City •$25.00 Li Cost for compliance to all Federal and State requirements of the Trench Safety Act* N/A [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:2015-107-JR CITYOF MIAMI BEACH :,-r • DUE DATE: MARCH 17,2015 77 • 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. N/A BID NO:2015-107-JR CITYOF MIAMI BEACH }i; H.;;<.< : � DUE DATE: MARCH 17,2015 78 "` " £�"" '�"` A E R SURETY GROUP www.altersurety.com April 1. 2015 CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, FL 33139 RE: ALLIED CONTRACTOR'S, INC. Project: The 7th Street Parking Garage Renovation; ITB No. 2015-107-JR To Whom It May Concern: This is to advise you that our office provides Bid. Performance, and Payment Bonds for Allied Contractor's, Inc. Their surety is The AXIS Insurance Company. which carries an A.M. Best Rating of Ai- XV and listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance& Payment Bonds for projects in the $10,000,000 single range and S 15,000,000 in the aggregate. These amounts should not be construed as a limit but rather a guide to handle their day-to-day needs. We obviously reserve the right to review all contractual documents, bond forms. and obtain satisfactory evidence of funding prior to final commitment to issue the bonds. We consider Allied Contractor's. Inc. to be an excellent contractor and hold them in the utmost highest regard. Obviously. we feel extremely confident and encourage you to offer them an opportunity to execute the above referenced project. This letter is not an assumption of liability, nor is it a bid or performance & payment bond. It is issued only as a bonding reference requested by our respected client. If you should have any questions. please do not hesitate to give me a call. Sincerely. C®1b ® BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: That we,Allied Contractor's, Inc. of as PRINCIPAL, AXIS Insurance omparand as SURETY(S), are hereby held and firmly bound unto the City of Miami Beach, Florida in the penal sum of: $ 5% of Amount Bid (numerical figure)/Five Percent of Amount Bid (written) for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to • the City of Miami Beach, Florida, hereinafter called the CITY, its sealed proposal for a contract for: 7th Street Parking Garage Renovation ITB 2015-107-JR NOW THEREFORE, the conditions of this obligation are such that, if said proposal is rejected by the CITY, or if said proposal is accepted by the CITY and the PRINCIPAL shall enter into a contract in the form specified by the CITY in accordance with the terms of the proposal and shall furnish a bond for the faithful performance of said contract in the form specified by the CITY,this obligation shall be null and void. Otherwise it shall remain in full force and effect. In the event that the said proposal is accepted by the CITY and the PRINCIPAL shall fail to •enter into the contract as defined herein or shall fail to furnish the performance bond as noted • above within ten (10) days of the approval of the award, the PRINCIPAL and SURETY(S)agree to forfeit to the CITY the penal sum herein mentioned, it being understood that the liability of the SURETY(S)shall in no event exceed the penal sum of this obligation. IN WRFPESS WHEREOF, the above bounded parties have executed this instrument under their several seals this 25th day of March ,20 15 , the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINC ''LAllied Contractor's, Inc. SURET AXI Insurance Co pany By / _ By Warren M. Alter, Attorney-in-Fact • BID NO:2015-107-JR CITYOF MIAMI BEACH DUE DATE:MARCH 25,2015 85 li;lAPv11BEACl-i .--------- -- ----- AXIN -2340 _ , ,_-_,. ---_._ ,,_, POWER OF ATTORNEY' '---=-= ===-'-',5" -_ ,-_ _ _____ ..= = Know All Men by These Presents: That AXIS Insurance Company,an Illinois property and casualty company,(the"Company")does hereby appoint: —_ ___-„-•_-------_-=--- Warren M.Alter;David T.Saline;and DawirAugpitz of Migini_-Lakes,FL -_--_---- --_,_- =_- ---------=----=----ff _ -_--_ -= ---'-' - ----- as its true and lawful Attorney(s)-In-Fact,ttfinak-e,65cecUle,se-arai-Td deliver for and on its behalf as surety,bonds and undertakings,such dtWurnientS=tklii-elvalid=Ys= -- though executed by the Company on its own behalf The Company may revoke this appointment at any time. EXCEPTION: NO AUTHORITY is granted to make,execute,seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check,draft — ------=-— _ -1---- = -- -— _ — - ----E --= __ -7_- 77---This POW_C-r 6f-,,=-Atto_Tribyll sigAed,sealed and certified under and by the authority of resolutions7adopted-15Y:uffanimUS VW-ittWconsent of the Board ofiDirtctors of ___ __ _ ___ -T---=-,7--.thet-5mfiS-nyrdifliA9 12,-2-013: __ .---,------_---7 -=--- - _::, -,-,.--,- RESOLVED,That any authorized Vice President,Surety,acting singly shall have the power and authority to appoint and revoke attorneys-in-fact to make, execute,seal and deliver for and on behalf of the Company,as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its own behalf. In Witness Whereof,AXIS Insurance Company has calised,this instrumentitOthe signed and its corporate seal to be affixed by a duly electedra-nd qualifiEd- 61Ecerliliir 28th ------ = — ---- - -- ---,:..--=-L-_-_-= --=-----, -----_-_-_,-----, _--------- th day of May,2014. __T __ --—, -— ,- --- -- =--_=_-_- ------- _-= — —— Q) L L a) S to U -4A = f3 V C U CO C . C s a ..• +J s .� N N' CO U1 cl::::',':;'f.!.;:'...l.t.t:'il'i-.;,?ii.-., :';,.;,-rie.:,.,...-i',',.'i-j,.i....§- -_-:,-,, ...2.,:',,,,,:,-,s, 0 •or... V i cn 2 CO 0 1 O N - i a a. t Poll O , 0 +Je � .S _ {7 -y ■ ARMANDO CARCACHE 2302 West 79th Street Hialeah, Florida 33016 Tel (305) 819-4599 Fax. (305) 825-4877 E-Mail Armando@allied-contractors.corn President of Allied Contractor's, Inc. —Miami, Florida 1991 -Present Own and Operate a General Contracting firm that offers a number of services including Commercial, Hospitals, Government Agencies through-out Miami-Dade and Broward County Direct the efficient development of Foundation, Structural Concrete, Structural Rebuilds Rehabilitation, Interior Renovations and New Construction. Construction Executive- High Levels of quality while maintaining adherence to all deadlines, budgets and specifications... Skilled in managing projects to ensure deliverables are met on time and within budget. Highly skilled in reading and interpreting blue prints. In depth knowledge of Building Codes, Permits and OSHA Safety Standards. Adept at managing materials, maximizing_resources and optimizing manpower. Talented in developing and motivating construction teams to peak performance levels, reputation for superior problem solving and customer relationship management.skills. Core Competencies . Development Expansion . Infrastructure/Vertical Estimates . Infrastructure/Horizontal Estimates . Land Purchases . Quality Assurance . Strategic Planning . Project Timelines . Contract Negotiation . Infrastructure Improvements Effectively manage and strengthen relationship with Clients, Architects, Engineers, Building Officials and Bank Representatives. Oversee daily Operations, Sub-Contractors arrangements, Quality Control, Job site Coordination Client Meeting. Manage, Budgeting and job safety. Develop design build drawings and obtain permits. Read Lay-Out blueprints produce cost/price estimates and order materials. Delivered Results . Established business initially with $1,-000.00 investments achieving annual gross sales of over 7 million dollars within five years with no major debt. Languages: Fluent in both English and Spanish Education: 1975— 1979 Miami Dade Community College Miami, Florida . State of Florida Certified General Contractor . Business Administration • . Building Estimating . Construction Management • References: Upon Request Projects: Miami International Airport—North Terminal Development Program (over ten million) • . Broward County Aviation—Terminal&Parking Garage(three million) Jackson Memorial Hospital- Numerous(over four million) Tenet South Florida—Numerous(over three million) • • Resume Rollman Castro 1925 NW 186th Street Miami, Florida 33056 • Telephone.(786) 380-0310 Date of Birth—June 17, 1975 Marital Status—Single Business & Professional Experience From March 2004 to Present—Superintendant/Safety Supervisor Allied Contractors, Inc. 2302 W. 79th Street Hialeah, Florida Assigning duties to all staff and supervise on assigned duties, coordinate with subcontractors, train new recruited staff, team building and leadership, safety compliance management, organization and time.management. Experienced -interior remodeling, demolition, structural repairs, expansion joints repairs, structural waterproofing, layout framing and drywall installation, flooring, window and door installation, heavy construction and safety supervisor. From September 2002 to March 2004—Self Employed Self Employed - Interior remodeling, demolition, structural repairs, expansion joints repairs, layout framing and drywall installation, flooring, window and door installation. From July 1994 to September 2002—Supervisor Genaro Castro 3672 SW 22nd Terr Miami, Florida Interior remodeling, layout framing and drywall installation, flooring, window and door installation, demolition, acoustical ceiling installation. Education - Miami Dade Community College . Architectural Drawing . Building Estimating Computer Education . Excel . Word Other Education . 30 Hour OSHA Safety Regulation Courses Personal References . Upon Request Languages . English, Spanish 1.. \, • . . . •, • . ›- 41-1,P,:,,, •1 V• . ,. . .., •_ • Wg .. % ,.... , rt - -.T.•.,..-i.. .....r., bli,.-,..,:,.,:,.'''$;,;.-t,,,, ...,;.:.„: , . r • \ .411 r I I Ia ,.. ..;,.:.!.: -1;',,--,. • e...z` CO .,t,p'• ,,:_72.,..4:---;,=-,.- .,,,/ Z- \i'j....—td.14,,:.-..): • • . En 0 . ‹. 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C • I o (1)C cu a) (1) .? ai Q o U) > Q co (0) ts, c (V6 Q 1) co Cr$ 0 co- O il U O Q O C U) L .Q m (Ni E > O .O Cr "0 co- _ca co C -21.- 0 T o co_ a) cts ® O O C C L C L N O as C as N �CU U � U L C Q O U a) > N CD a) 73 LL+— ` U ai U f6 N Q (� O 1 (1) V O O E 73 p O co • a O O '`"' ,Q mm (� U N O M O Q. >> d) LL .0 +r 4-' P. ca _c 00 C C g C 0 }' O X. C p a m r '°� .� N U 4,-,O O N .0 O C L U Q N y-O >,N rD O mL Le.a) o •cri O a) <O - N•- U L CIS . N ,.,'o-1/4--�;_� ■. ■■.,� • ALLIED. CONTRACTORS The 7th Street Parking Garage Renovation City of Miami Beach ITB 2015-107-JR References and Past Performance for similar works completed: Firm Name: RS& H Contact Individual name and title:John Carrigan Address:3125 W. Commercial Blvd.,Suite 130 Ft. Lauderdale, Fl 33309 Telephone: (954) 236-7396 Contact's email:john.carrigan @rsandh.com Narrative on Scope of Services Provided: Ft. Lauderdale/Hollywood Airport Parking Garage Structural Renovations Date Of Service:2014-2015 Firm Name: Mady&Associates, Inc. Contact Individual name and title: Martin Diaz-Yabor Address: 12124 S.W. 131st Ave Miami, Fl 33186 Telephone: (305)256-9071 Contact's email: mdiazyabor @mady-pdi.com Narrative on Scope of Services Provided:Jackson Memorial Hospital Cancer Breast Center and Structural restoration projects. Date of Service:2010-2014 Firm Name:Archcube Contact Individual name and title: Luis Rodriguez V M Address:8601 S.W. 146th Street Palmetto Bay, Fl 33158 Telephone: (305) 254-3375 Contact's email:archcube @gmail.com • Narrative on Scope of Services Provided: MIA Terminal Renovations Date of Service: 2009-2013 Firm Name: Perez& Perez Architects V Contact Individual name and title: Mario Mas Address:2121 Douglas Road Miami, Fl 33145 Telephone: (305)444--4545 Contact's email: mariom @perezperez.com Narrative on Scope of Services Provided:APM Train Station D. Ext. at Miami International Airport Date of Service:2009-2012 Dade:2302 West 79th Street,Hialeah,FL 33016 P:(305)819-4599 F:(305)825-4877 Broward:4700 Sheridan Street,J16,Hollywood,FL 33021 P:(954)556-8830 F:(305)825-4877 ALLIED' CONTRACTORS The 7th Street Parking Garage Renovation City of Miami Beach ITB 2015-107-JR References and Past Performance similar works completed: Firm Name: Broward County Contact Individual name and title: Richard Tornese Address: 1 N University Drive, Box B3OO, Plantation, Fl 33324-2038 Telephone: (954) 577-4255 Contact's email: rtornese @broward.org Narrative on Scope of Services Provided: Construction of new privacy walls Date of Service: 2012 Firm Name: Contact Individual name and title: Address: Telephone: Contact's email: Narrative on Scope of Services Provided: Date of Service: Firm Name: Contact Individual name and title: Address: Telephone Contact's email: Narrative on Scope of Services Provided: Date of Service: Dade:2302 West 79th Street,Hialeah,FL 33016 P:(305)819-4599 F:(305)825-4877 Broward:4700 Sheridan Street,J16,Hollywood,FL 33021 P:(954)556-8830 F:(305)825-4877 r TM • CONTRACTORS The 7th Street Parking Garage Renovation City of Miami Beach ITB 2015-107-JR Contracts In Progress Name of Project: Jackson Memorial Hospital (Park Plaza West) Owner and point of contact: Jackson Memorial Hospital — Francisco Caldera Original Contract value: $1,297,772.57 Current Contract Value: $1,297,772.57 Projected date of completion: 08/15/15 % o Percent / Completion to date: 34/0 Name of Project: Fire Station #32 Sanitary Sewer Improvements Owner and point of contact: Broward County- Stephen Greco Original Contract value: $152,000.00 Current Contract Value: $152,000.00 Projected date of completion: 6/2015 Percent % Completion to date: 5% Dade:2302 West 79th Street,Hialeah,FL 33016 P:(305)819-4599 F:(305)825-4877 Broward:4700 Sheridan Street,J16,Hollywood,FL 33021 P:(954)556-8830 F:(305)825-4877 ATTACHMENT D Insurance ,- _____.........1 ALLIE-5 OP ID:CO ® �° DATE(MM/DD/YYW) A C � J CERTIFICATE OF LIABILITY INSURANCE 05/08/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). • PRODUCER CONTACT Maria De La Huerta • MDW Insurance Group Inc PHONE FAX 362 Minorca Ave (Arc,No.Ext):305 44-2324 (A/C,No):305-444-4980 Coral Gables,FL 33134 E-MAIL ESS:mdelahuerta@mdwinsurance.com Marla de la Huerta • • INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Monroe Guaranty Insurance Co 32506 INSURED Allied Contractors,Inc. INSURER B:National Trust Insurance Co. 2302 West 79th Street INSURER C:Florida Citris Business&Ind Hialeah,FL 33016 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X GL00171131 09/04/2014 09/04/2015 DAMAGE TO PREMISES(Ea occurrence)RENTED $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ , ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS (Per accident) • X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE UMB00196251 09/04/2014 09/04/2015 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE X ER YIN C ANY PROPRIETOR/PARTNER/EXECUTIVE 10654248 02/01/2015 02/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I N N/A (Mandatory in NH) • • E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Miami Beach is Named as Additional Insured with respects to the General Liability. CERTIFICATE HOLDER CANCELLATION CITYBEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 3rd Floor 1700 Convention Center Dr. AUTHORIZED REPRESENTATIVE Miami Beach,FL 33139 dri / , ..- A17-• I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD APPENDIX A-1 : Form of Performance Bond l ALTER SURETY GROUP, ThC. Bond Department Public Works Bond in compliance with Florida Statute.Chapter 255.05 Bond Number ASUR-000945 Contractor Allied Contractor's, Inc. Address & 2302 W. 79th Street Phone No. Hialeah, FL 33016 305-819-4599 Surety AXIS Insurance Company Address & 300 Connell Dr., Suite 8000, PO Box 357 Phone No. Berkeley Heights,NJ 07922 908-673-2967 Owner Name City of Miami Beach Address & 1700 Convention Center Drive Phone No. Miami Beach,FL 33139 305-673-7490 Contract/Project Number ITB 2015-107-JR Project Name 7th Street Parking Garage Renovation Project Location 270 7th Street, Miami Beach, FL 33139 Legal Description Same as above And Street Address Description of Work Renovation This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2),Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the application statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. • A=1 FORM OF PERFORMANCE BOND Bond Number ASUR-000945 We Contractor's, Inc. BY THIS BOND, as Principal, hereinafter called Contractor, and AXIS Insurance Company , as Surety, are bound to the City of Miami B eci Florida, as Obligee, hereinafter called City, in the amount of One Million Nine Hundred Twenty Six ousan 1,926,179.0z yf One.-HundrMrt Seventy Nine and 07/100 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.: 2015-107-JR , awarded the 15th day of April , 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"; • • THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of 7th Street Parking Garage Renovation , the Contract being made a • part of this Bond by reference, at the times and in the manner prescribed in the Contract; I and i 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 • 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 11th day of May 20 15 WITNESSES: Allied Contractor's, Inc. (Name of Corporation) • Secretary (Sign. -qr. • (CORPORATE SEAL) /rte s;,d e (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: AXIS Insurance Company • By: ! Agent and Attorney-in-Fact Warren M.Alter * M _ ' Address: 300 Connell Dr., Suite 8000 W_ . / (Street) Berkeley Heights, NJ 07922 (City/State/Zip Code) Telephone No.: 908-673-2967 • • • • Bond Number ASUR-000945 J A-2 FORM OF PAYMENT BOND BY THIS BOND, We Allied Contractor's, Inc. , as Principal, hereinafter called Contractor, and AXIS Insurance Company as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of One Million Nine Hundred Twenty Six Thousand 1,926,179.07 One Hundred Seventy Nine and 07/10[) Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,-succesors and • assigns,jointly and severally. •• WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 2015-107-JR awarded the 15th day of April 15 • Y , 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(21 Florida Statutes. The provisions and limitations of section 255.05 Statutes,including but not limited to the notice and time limitations in Sections 255.05(2)and 255.05(10),are incorporated in this bond by reference. • A-2 I 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 11th day of May 20 15 Contractor • ATTEST: Allied Contractor's, Inc. ame of Corporation) —`-- By: -j _ / (Secretary) (1,,g nature) .4..✓,? , t-c o-c.ff6 Ags I d'.f- (Corporate Seal) (Print Name and Title) 11th day of May 2015 f IN TH 'RESENCE OF: INSURANCE COMP'A\ : AXIS Insurance Company A. z-.A.2w , d. .._::.../7_OP ` By: Gtr Agent and Attorney-in-Fact Warren M.Alter r _1 .t !...1.1 Address: 300 Connell Dr., Suite 8000 Street Berkeley Heights,Y 9 hts, NJ 07922 (City/State/Zip Code) • Telephone No.: 908-673-2967 • • • t-i- . _ . , _ I' il ,' �. AXIS Insurance " 11680 Great Oaks Way,Suite 500 Alpharetta,GA 30022 AXIS Insurance Company Financial:Statement-December 31,2014 Assets Liabilities Cash,Cash Equivalents and Short-Term $ 109,638,668 Unearned Premiums $ 166,755,233 Bonds-U.S.Government 144,421,992 Reserve for Claims and Claims Expenses 596,255,853 *Other Bonds 749,622,463 Ceded Reinsurance Premiums Payable 87,326,441 *Stocks. 264,230,669 Reserve for Commissions and Taxes 7,876,648 Agents'Balances or Uncollected Premiums 101,182,460 Other Liabilities 47,412,304 Investment Income Due and Accrued 4,040,746 Total ! $ 905,626,479 Amounts Recoverable from Reinsurers 73,376,889 Capital Stock 4,968,600 Other Admitted Assets 37,260,122 Paid in Surplus 496,049,564 Unassigned Surplus 77,129,366 Surplus to Policyholders 578,147,530 Total Admitted Assets $ 1,483,774,009 Total Liabilities and Surplus $1,483,774,009 j• *Bonds are stated at amortized or investment value;.stocks are stated at equity method value. The foregoing financial information is taken from AXIS Insurance Company's financial statement filed with the state of Illinois Department of Insurance. I,ANDREW WEISSERT,Secretary of AXIS Insurance Company,do hereby certify that the foregoing is a true and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2014,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Alpharetta,GA,this 3 day of 11.0.;•\ ,2015. Secr-tary • 11 •II I _ — L'I I I' 1. 'I 'I III-. —. --_= _ - - —= - — _ !III,I'-F ;:11 1�Ij 111jI III' ,II „ '•- -ATT - °--• _ 8O9 sII d I _ IIII u',I�'''II rAIII! I':I. Ill.l - I_'I . '' • Know All Men by'These Presents: That AXIS Insurance Company,an-Illinois property and casualty company;(the"Company")does hereby appoint: - _Warr€ il.A ttratavid T..Satme;:and Davy► sakes,FL. I I` I 1:-;:'',••`.:,1:!.,„;1'.I 'III'I I ;'I,.,I _ _ _ __ =•_ _ -- - = _=— ll II II1 �111I ,' �111111 — - — _ _ li1',.,1111,. I' 1 „I I IIII,�� - - 1 I,0 stu I, borttsl,and undertakings;such alb ' = . s tEs true an _IaI.Attrry(s)-Iii-Fact, deor_andon its l�eh _ _ — oug(executed by-the Company-on its o behalf. a Company may revoke this appt�titment at any time.. - - • EXCEPTION: NO AUTHORITY is granted•to make; execute,seal and deliver bonds nor undertakings that guarantee the payment or collection of any promissory note,•. : • check,draft or letter of credit • -i,1 III - — _ ••--- - 11 I 11' ICI 1' ', i . — - _ I =-Thls_�FerAtt�e I I I ,!1,1,_.'1 II' r _ -_ °_ L i T— _steed,sealed and Certified) der,a 1 . ►el�;ut otity of resoluti ado_ _smrit consent of the-floard �.nectors of- - I;. , -__ -_ — - � -' � II III II 1'.•i,ll.l.,I Il.iillt .. _ — -� ' — .RESOLVED,That any authorized Vice'President,Surety;acting-singly shall have the power and-authority to appoint and revoke attorneys-in-fact to make, • . • execute,seal and deliver for and on'behalf of the Company,as-surety,bonds and undertakings,such documents to be valid as though executed by the • Company on its own behalf. • • - -•• . - - ,,1,,.11. ! - ..,-. - _ • •In Witness WhereafJ- assurance Cony has c —en be signed and its corporate'seal to ale ffoced by a duly elect-nd qua) i ce i 28fh day of may '4— ._----•- ' — _ — —= . III II,. a i' i:''I11Ij,j'lI I II III'll ,1ti,l';I' = __— _ — __ —itte-std and Certified _ -- .--7-____ - — —. �I I'I �I ,I ul u1 — - — .• AXIS Insurance Company - • • • - ,,(20a.... , ., _ - — - - .,• ., ._ . . — rn idona •I I I 'III I r.l 1 .. - —__= _ . • = — T ill' I.,,'••••VIII,I �1111P - °_ - - - _ _- - 'Title: Vice President,Surety —• • • • STATE,QF � - = III I =- _- _ 1 - =COUNTY , • _ _ - - - — °_ _- • ,I,I II IlI I I�I I -l! II 11.,1.7,,r ■Y _ of ersosalt came9tichard Zarb res Sur --_ — e P Y. Surety-of AXIS Insurance; opl ! to me known to be the.individdsci rierein,who acknowledged that they beinWuly authorized signed,•sealed with the corporate seal and delivered the foregoing-instrument f t he authority and direction , of said Company.. - ' . .•• . - . .., �`�\11111111(1111//��• • IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal. �`��„<„...�1 W KCANFj�F^,i�I. • � ' i I�I ,, ��I ll1 1I! •..11" I - -- � •; ; - - . I, t II -• I,�I I ;l,. I,. � !!'; !' 'III'Iil ''Ipl II °.11 g _ . --. = •`! 1' Matthew K.Canfield,Notary Pu r —State of New.Jersey EIRE • CERTIFICATION I // 7F �� _ _ ii OFNEW = = _ . • _ _ _ _ J ', /' ' ,r''k ,1•'1'111!I'Ij'''II IIII' III '";:ll -.4. avitdPesce_ . Assist;;t Secretary••M— ce pany,do hereby certify,I,that„tlae{Ia ghed'Power of-Attorney dated Ma be df the . _- person(s)as listed above is a true and cor€rr t copy and the same has been in full force artid'�effect since the date thereof and is in full foreland effect•on the date of this _ .. '...'certificate; and I do.further:certify that the said Richard Zarandona,who executed the Power`of Attorney,was a duly elected Vice President; Surety.of AXIS , • •Insurance Company on the date of•the execution of the attached Power of Attorney. :. . • - 1,it ' - I; 111•'',111 I I"Ii1! ' II I II - - - -IN TY E I have hereu'n�ci set my�tiand�171d a��ed Idle�lerotporate seal oQS ouru •• - - II ' I 1,,,lI r • s- 1 — da •off :'May 1'1:1111 '' + 11• I — — —. Y 111 -II-'1 II 1 u.IJ ,� �� .. - _ •�— - • • By _ (j — — 111,I — — •_ _ .. • 1, III 1 I __ _ - I II'!111 II III 11 IE '11 I, - — _•- - - - _ " 1 I I''111 II- I111II1� I,' 1I.II III -l'- = t _- '. --- = _ __- • f 1 1 I 'I __ noted Nam_ e: I�vid�es� —__ — .. •I 'I I ;1 1. - — - ' - - — — _—•=— — I, ' Ily'uI' I�I'II{ 1�J1l1IIII 1 ------=-=__- _ • — ' Title: Assistant Secretary — . • -• • hl I'I �1 M1I'II I i II 1 1 1111111 '111$1.111111 111' "1'1,11111 I I 11111111 = - - • =_- = = _-= _ -- - ,r,j 1�, 1 �I i 1 I I�I�II 15 i.!' I I 11lII11J'IU II1r1 I E I '.,I� 1111 11 III1:I� j'',a� " r l Bond Verification Should you wish to verify the authenticity of this bond, please send your request, including a copy of the bond, via email to: BondVerification @axiscapital.com OR Contact: David Pesce, CCIFP Director of Surety AXIS Insurance 300 Connell Dr., Suite 8000 PO Box 357 Berkeley Heights, NJ 07922 Office: (908) 673-2967 Bond Claims or Notices Should you wish to file any notices to the Surety for the attached AXIS Insurance Company bond(s) they should be sent to: AXIS Insurance Company 300 Connell Dr., Suite 8000 PO Box 357 Berkeley Heights, NJ 07922 Attn: Surety Claims A-1 FORM OF PERFORMANCE BOND BY THIS BOND, We as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) 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 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.: APPENDIX A-2: Form of Payment Bond 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. 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.: r APPENDIX A-3: Certificate of Corporate Principle r A-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 r- APPENDIX A-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit 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 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 APPENDIX A-5: Certificate of Substantial Completion 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 wil be the date of final payment unless otherwise agreed in writing. 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: APPENDIX A-6: Final Certificate of Payment • 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 work fully complete and will City, through the Contract Administrator, accepts the o as y p assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date APPENDIX A-7: Form of Final Receipt 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 Detail by Entity Name Page 1 of 2 FLORIDA DEPART•MENTrOF STATE� - _:DI`VISION O�F CORPORATIONS n � Detail by Entity Name Florida Profit Corporation ALLIED CONTRACTOR'S, INC. Filing Information Document Number S63457 FEI/EIN Number 650271339 Date Filed 07/01/1991 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/03/1996 Principal Address 2302 WEST 79TH STREET HIALEAH, FL 33016 Changed: 03/14/2006 Mailing Address 2302 WEST 79TH STREET HIALEAH, FL 33016 Changed: 03/14/2006 Registered Agent Name &Address CARCACHE, ARMANDO 16201 NW 82 CT MIAMI, FL 33016 Address Changed: 05/23/2000 Officer/Director Detail Name &Address Title P CARCACHE, ARMANDO 16201 NW 82 CT MIAMI, FL 33016 Annual Reports http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 5/13/2015 Detail by Entity Name Page 2 of 2 Report Year Filed Date 2013 04/05/2013 2014 03/21/2014 2015 02/25/2015 Document Images 02/25/2015--ANNUAL REPORT View image in PDF format 03/21/2014 --ANNUAL REPORT View image in PDF format 04/05/2013--ANNUAL REPORT View image in PDF format 02/28/2012 --ANNUAL REPORT View image in PDF format 01/10/2011 --ANNUAL REPORT View image in PDF format 01/13/2010--ANNUAL REPORT View image in PDF format 03/31/2009--ANNUAL REPORT View image in PDF format 02/22/2008--ANNUAL REPORT View image in PDF format 01/17/2007--ANNUAL REPORT View image in PDF format 03/14/2006--ANNUAL REPORT View image in PDF format 02/16/2005--ANNUAL REPORT View image in PDF format 04/22/2004--ANNUAL REPORT View image in PDF format 04/21/2003--ANNUAL REPORT View image in PDF format 02/06/2002 --ANNUAL REPORT View image in PDF format 03/09/2001 --ANNUAL REPORT View image in PDF format 05/23/2000--ANNUAL REPORT View image in PDF format 05/05/1999--ANNUAL REPORT View image in PDF format 04/29/1998--ANNUAL REPORT View image in PDF format 04/29/1997--ANNUAL REPORT View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 5/13/2015